HB0421 Engrossed LRB099 05828 HAF 25872 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Identification Card Act is amended
5		by changing Section 4 as follows:
6		(15 ILCS 335/4) (from Ch. 124, par. 24)
7		Sec. 4. Identification Card.
8		(a) The Secretary of State shall issue a standard Illinois
9		Identification Card to any natural person who is a resident of
10		the State of Illinois who applies for such card, or renewal
11		thereof, or who applies for a standard Illinois Identification
12		Card upon release as a committed person on parole, mandatory
13		supervised release, aftercare release, final discharge, or
14		pardon from the Department of Corrections or Department of
15		Juvenile Justice by submitting an identification card issued by
16		the Department of Corrections or Department of Juvenile Justice
17		under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
18		Corrections, together with the prescribed fees. No
19		identification card shall be issued to any person who holds a
20		valid foreign state identification card, license, or permit
21		unless the person first surrenders to the Secretary of State
22		the valid foreign state identification card, license, or
23		permit. The card shall be prepared and supplied by the

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1		Secretary of State and shall include a photograph and signature
2		or mark of the applicant. However, the Secretary of State may
3		provide by rule for the issuance of Illinois Identification
4		Cards without photographs if the applicant has a bona fide
5		religious objection to being photographed or to the display of
6		his or her photograph. The Illinois Identification Card may be
7		used for identification purposes in any lawful situation only
8		by the person to whom it was issued. As used in this Act,
9		"photograph" means any color photograph or digitally produced
10		and captured image of an applicant for an identification card.
11		As used in this Act, "signature" means the name of a person as
12		written by that person and captured in a manner acceptable to
13		the Secretary of State.
14		(a-5) If an applicant for an identification card has a
15		current driver's license or instruction permit issued by the
16		Secretary of State, the Secretary may require the applicant to
17		utilize the same residence address and name on the
18		identification card, driver's license, and instruction permit
19		records maintained by the Secretary. The Secretary may
20		promulgate rules to implement this provision.
21		(a-10) If the applicant is a judicial officer as defined in
22		Section 1-10 of the Judicial Privacy Act or a peace officer,
23		the applicant may elect to have his or her office or work
24		address listed on the card instead of the applicant's residence
25		or mailing address. The Secretary may promulgate rules to
26		implement this provision. For the purposes of this subsection

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1		(a-10), "peace officer" means any person who by virtue of his
2		or her office or public employment is vested by law with a duty
3		to maintain public order or to make arrests for a violation of
4		any penal statute of this State, whether that duty extends to
5		all violations or is limited to specific violations.
6		(b) The Secretary of State shall issue a special Illinois
7		Identification Card, which shall be known as an Illinois Person
8		with a Disability Identification Card, to any natural person
9		who is a resident of the State of Illinois, who is a person
10		with a disability as defined in Section 4A of this Act, who
11		applies for such card, or renewal thereof. No Illinois Person
12		with a Disability Identification Card shall be issued to any
13		person who holds a valid foreign state identification card,
14		license, or permit unless the person first surrenders to the
15		Secretary of State the valid foreign state identification card,
16		license, or permit. The Secretary of State shall charge no fee
17		to issue such card. The card shall be prepared and supplied by
18		the Secretary of State, and shall include a photograph and
19		signature or mark of the applicant, a designation indicating
20		that the card is an Illinois Person with a Disability
21		Identification Card, and shall include a comprehensible
22		designation of the type and classification of the applicant's
23		disability as set out in Section 4A of this Act. However, the
24		Secretary of State may provide by rule for the issuance of
25		Illinois Person with a Disability Identification Cards without
26		photographs if the applicant has a bona fide religious

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1		objection to being photographed or to the display of his or her
2		photograph. If the applicant so requests, the card shall
3		include a description of the applicant's disability and any
4		information about the applicant's disability or medical
5		history which the Secretary determines would be helpful to the
6		applicant in securing emergency medical care. If a mark is used
7		in lieu of a signature, such mark shall be affixed to the card
8		in the presence of two witnesses who attest to the authenticity
9		of the mark. The Illinois Person with a Disability
10		Identification Card may be used for identification purposes in
11		any lawful situation by the person to whom it was issued.
12		The Illinois Person with a Disability Identification Card
13		may be used as adequate documentation of disability in lieu of
14		a physician's determination of disability, a determination of
15		disability from a physician assistant who has been delegated
16		the authority to make this determination by his or her
17		supervising physician, a determination of disability from an
18		advanced practice nurse who has a written collaborative
19		agreement with a collaborating physician that authorizes the
20		advanced practice nurse to make this determination, or any
21		other documentation of disability whenever any State law
22		requires that a disabled person provide such documentation of
23		disability, however an Illinois Person with a Disability
24		Identification Card shall not qualify the cardholder to
25		participate in any program or to receive any benefit which is
26		not available to all persons with like disabilities.

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1		Notwithstanding any other provisions of law, an Illinois Person
2		with a Disability Identification Card, or evidence that the
3		Secretary of State has issued an Illinois Person with a
4		Disability Identification Card, shall not be used by any person
5		other than the person named on such card to prove that the
6		person named on such card is a disabled person or for any other
7		purpose unless the card is used for the benefit of the person
8		named on such card, and the person named on such card consents
9		to such use at the time the card is so used.
10		An optometrist's determination of a visual disability
11		under Section 4A of this Act is acceptable as documentation for
12		the purpose of issuing an Illinois Person with a Disability
13		Identification Card.
14		When medical information is contained on an Illinois Person
15		with a Disability Identification Card, the Office of the
16		Secretary of State shall not be liable for any actions taken
17		based upon that medical information.
18		(c) The Secretary of State shall provide that each original
19		or renewal Illinois Identification Card or Illinois Person with
20		a Disability Identification Card issued to a person under the
21		age of 21 shall be of a distinct nature from those Illinois
22		Identification Cards or Illinois Person with a Disability
23		Identification Cards issued to individuals 21 years of age or
24		older. The color designated for Illinois Identification Cards
25		or Illinois Person with a Disability Identification Cards for
26		persons under the age of 21 shall be at the discretion of the

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1		Secretary of State.
2		(c-1) Each original or renewal Illinois Identification
3		Card or Illinois Person with a Disability Identification Card
4		issued to a person under the age of 21 shall display the date
5		upon which the person becomes 18 years of age and the date upon
6		which the person becomes 21 years of age.
7		(c-3) The General Assembly recognizes the need to identify
8		military veterans living in this State for the purpose of
9		ensuring that they receive all of the services and benefits to
10		which they are legally entitled, including healthcare,
11		education assistance, and job placement. To assist the State in
12		identifying these veterans and delivering these vital services
13		and benefits, the Secretary of State is authorized to issue
14		Illinois Identification Cards and Illinois Person with a
15		Disability Identification Cards with the word "veteran"
16		appearing on the face of the cards. This authorization is
17		predicated on the unique status of veterans. The Secretary may
18		not issue any other identification card which identifies an
19		occupation, status, affiliation, hobby, or other unique
20		characteristics of the identification card holder which is
21		unrelated to the purpose of the identification card.
22		(c-5) Beginning on or before July 1, 2015, the Secretary of
23		State shall designate a space on each original or renewal
24		identification card where, at the request of the applicant, the
25		word "veteran" shall be placed. The veteran designation shall
26		be available to a person identified as a veteran under

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1		subsection (b) of Section 5 of this Act who was discharged or
2		separated under honorable conditions.
3		(d) The Secretary of State may issue a Senior Citizen
4		discount card, to any natural person who is a resident of the
5		State of Illinois who is 60 years of age or older and who
6		applies for such a card or renewal thereof. The Secretary of
7		State shall charge no fee to issue such card. The card shall be
8		issued in every county and applications shall be made available
9		at, but not limited to, nutrition sites, senior citizen centers
10		and Area Agencies on Aging. The applicant, upon receipt of such
11		card and prior to its use for any purpose, shall have affixed
12		thereon in the space provided therefor his signature or mark.
13		(e) The Secretary of State, in his or her discretion, may
14		designate on each Illinois Identification Card or Illinois
15		Person with a Disability Identification Card a space where the
16		card holder may place a sticker or decal, issued by the
17		Secretary of State, of uniform size as the Secretary may
18		specify, that shall indicate in appropriate language that the
19		card holder has renewed his or her Illinois Identification Card
20		or Illinois Person with a Disability Identification Card.
21		(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
22		eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
23		eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
24		Section 10. The Alcoholism and Other Drug Abuse and
25		Dependency Act is amended by changing Section 5-23 as follows:

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1		(20 ILCS 301/5-23)
2		Sec. 5-23. Drug Overdose Prevention Program.
3		(a) Reports of drug overdose.
4		(1) The Director of the Division of Alcoholism and
5		Substance Abuse may publish annually a report on drug
6		overdose trends statewide that reviews State death rates
7		from available data to ascertain changes in the causes or
8		rates of fatal and nonfatal drug overdose for the preceding
9		period of not less than 5 years. The report shall also
10		provide information on interventions that would be
11		effective in reducing the rate of fatal or nonfatal drug
12		overdose.
13		(2) The report may include:
14		(A) Trends in drug overdose death rates.
15		(B) Trends in emergency room utilization related
16		to drug overdose and the cost impact of emergency room
17		utilization.
18		(C) Trends in utilization of pre-hospital and
19		emergency services and the cost impact of emergency
20		services utilization.
21		(D) Suggested improvements in data collection.
22		(E) A description of other interventions effective
23		in reducing the rate of fatal or nonfatal drug
24		overdose.
25		(b) Programs; drug overdose prevention.

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1		(1) The Director may establish a program to provide for
2		the production and publication, in electronic and other
3		formats, of drug overdose prevention, recognition, and
4		response literature. The Director may develop and
5		disseminate curricula for use by professionals,
6		organizations, individuals, or committees interested in
7		the prevention of fatal and nonfatal drug overdose,
8		including, but not limited to, drug users, jail and prison
9		personnel, jail and prison inmates, drug treatment
10		professionals, emergency medical personnel, hospital
11		staff, families and associates of drug users, peace
12		officers, firefighters, public safety officers, needle
13		exchange program staff, and other persons. In addition to
14		information regarding drug overdose prevention,
15		recognition, and response, literature produced by the
16		Department shall stress that drug use remains illegal and
17		highly dangerous and that complete abstinence from illegal
18		drug use is the healthiest choice. The literature shall
19		provide information and resources for substance abuse
20		treatment.
21		The Director may establish or authorize programs for
22		prescribing, dispensing, or distributing naloxone
23		hydrochloride or any other similarly acting and equally
24		safe drug approved by the U.S. Food and Drug Administration
25		for the treatment of drug overdose. Such programs may
26		include the prescribing of naloxone hydrochloride or any

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1		other similarly acting and equally safe drug approved by
2		the U.S. Food and Drug Administration for the treatment of
3		drug overdose to and education about administration by
4		individuals who are not personally at risk of opioid
5		overdose.
6		(2) The Director may provide advice to State and local
7		officials on the growing drug overdose crisis, including
8		the prevalence of drug overdose incidents, trends in drug
9		overdose incidents, and solutions to the drug overdose
10		crisis.
11		(c) Grants.
12		(1) The Director may award grants, in accordance with
13		this subsection, to create or support local drug overdose
14		prevention, recognition, and response projects. Local
15		health departments, correctional institutions, hospitals,
16		universities, community-based organizations, and
17		faith-based organizations may apply to the Department for a
18		grant under this subsection at the time and in the manner
19		the Director prescribes.
20		(2) In awarding grants, the Director shall consider the
21		necessity for overdose prevention projects in various
22		settings and shall encourage all grant applicants to
23		develop interventions that will be effective and viable in
24		their local areas.
25		(3) The Director shall give preference for grants to
26		proposals that, in addition to providing life-saving

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1		interventions and responses, provide information to drug
2		users on how to access drug treatment or other strategies
3		for abstaining from illegal drugs. The Director shall give
4		preference to proposals that include one or more of the
5		following elements:
6		(A) Policies and projects to encourage persons,
7		including drug users, to call 911 when they witness a
8		potentially fatal drug overdose.
9		(B) Drug overdose prevention, recognition, and
10		response education projects in drug treatment centers,
11		outreach programs, and other organizations that work
12		with, or have access to, drug users and their families
13		and communities.
14		(C) Drug overdose recognition and response
15		training, including rescue breathing, in drug
16		treatment centers and for other organizations that
17		work with, or have access to, drug users and their
18		families and communities.
19		(D) The production and distribution of targeted or
20		mass media materials on drug overdose prevention and
21		response.
22		(E) Prescription and distribution of naloxone
23		hydrochloride or any other similarly acting and
24		equally safe drug approved by the U.S. Food and Drug
25		Administration for the treatment of drug overdose.
26		(F) The institution of education and training

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1		projects on drug overdose response and treatment for
2		emergency services and law enforcement personnel.
3		(G) A system of parent, family, and survivor
4		education and mutual support groups.
5		(4) In addition to moneys appropriated by the General
6		Assembly, the Director may seek grants from private
7		foundations, the federal government, and other sources to
8		fund the grants under this Section and to fund an
9		evaluation of the programs supported by the grants.
10		(d) Health care professional prescription of drug overdose
11		treatment medication.
12		(1) A health care professional who, acting in good
13		faith, directly or by standing order, prescribes or
14		dispenses an opioid antidote to a patient who, in the
15		judgment of the health care professional, is capable of
16		administering the drug in an emergency, shall not, as a
17		result of his or her acts or omissions, be subject to
18		disciplinary or other adverse action under the Medical
19		Practice Act of 1987, the Physician Assistant Practice Act
20		of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
21		or any other professional licensing statute.
22		(2) A person who is not otherwise licensed to
23		administer an opioid antidote may in an emergency
24		administer without fee an opioid antidote if the person has
25		received the patient information specified in paragraph
26		(4) of this subsection and believes in good faith that

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1		another person is experiencing a drug overdose. The person
2		shall not, as a result of his or her acts or omissions, be
3		liable for any violation of the Medical Practice Act of
4		1987, the Physician Assistant Practice Act of 1987, the
5		Nurse Practice Act, the Pharmacy Practice Act, or any other
6		professional licensing statute, or subject to any criminal
7		prosecution arising from or related to the unauthorized
8		practice of medicine or the possession of an opioid
9		antidote.
10		(3) A health care professional prescribing an opioid
11		antidote to a patient shall ensure that the patient
12		receives the patient information specified in paragraph
13		(4) of this subsection. Patient information may be provided
14		by the health care professional or a community-based
15		organization, substance abuse program, or other
16		organization with which the health care professional
17		establishes a written agreement that includes a
18		description of how the organization will provide patient
19		information, how employees or volunteers providing
20		information will be trained, and standards for documenting
21		the provision of patient information to patients.
22		Provision of patient information shall be documented in the
23		patient's medical record or through similar means as
24		determined by agreement between the health care
25		professional and the organization. The Director of the
26		Division of Alcoholism and Substance Abuse, in

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1		consultation with statewide organizations representing
2		physicians, advanced practice nurses, physician
3		assistants, substance abuse programs, and other interested
4		groups, shall develop and disseminate to health care
5		professionals, community-based organizations, substance
6		abuse programs, and other organizations training materials
7		in video, electronic, or other formats to facilitate the
8		provision of such patient information.
9		(4) For the purposes of this subsection:
10		"Opioid antidote" means naloxone hydrochloride or any
11		other similarly acting and equally safe drug approved by
12		the U.S. Food and Drug Administration for the treatment of
13		drug overdose.
14		"Health care professional" means a physician licensed
15		to practice medicine in all its branches, a licensed
16		physician assistant who has been delegated the
17		prescription or dispensation of an opioid antidote by his
18		or her supervising physician, a licensed an advanced
19		practice registered nurse who has a written collaborative
20		agreement with a collaborating physician that authorizes
21		the prescription or dispensation of an opioid antidote, or
22		an advanced practice nurse who practices in a hospital or
23		ambulatory surgical treatment center and possesses
24		appropriate clinical privileges in accordance with the
25		Nurse Practice Act.
26		"Patient" includes a person who is not at risk of

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1		opioid overdose but who, in the judgment of the physician,
2		may be in a position to assist another individual during an
3		overdose and who has received patient information as
4		required in paragraph (2) of this subsection on the
5		indications for and administration of an opioid antidote.
6		"Patient information" includes information provided to
7		the patient on drug overdose prevention and recognition;
8		how to perform rescue breathing and resuscitation; opioid
9		antidote dosage and administration; the importance of
10		calling 911; care for the overdose victim after
11		administration of the overdose antidote; and other issues
12		as necessary.
13		(Source: P.A. 96-361, eff. 1-1-10.)
14		Section 15. The School Code is amended by changing Sections
15		22-30, 24-5, 24-6, 26-1, and 27-8.1 as follows:
16		(105 ILCS 5/22-30)
17		Sec. 22-30. Self-administration and self-carry of asthma
18		medication and epinephrine auto-injectors; administration of
19		undesignated epinephrine auto-injectors.
20		(a) For the purpose of this Section only, the following
21		terms shall have the meanings set forth below:
22		"Asthma inhaler" means a quick reliever asthma inhaler.
23		"Epinephrine auto-injector" means a single-use device used
24		for the automatic injection of a pre-measured dose of

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1		epinephrine into the human body.
2		"Asthma medication" means a medicine, prescribed by (i) a
3		physician licensed to practice medicine in all its branches,
4		(ii) a licensed physician assistant who has been delegated the
5		authority to prescribe asthma medications by his or her
6		supervising physician, or (iii) a licensed an advanced practice
7		nurse who has a written collaborative agreement with a
8		collaborating physician that delegates the authority to
9		prescribe asthma medications, for a pupil that pertains to the
10		pupil's asthma and that has an individual prescription label.
11		"School nurse" means a registered nurse working in a school
12		with or without licensure endorsed in school nursing.
13		"Self-administration" means a pupil's discretionary use of
14		his or her prescribed asthma medication or epinephrine
15		auto-injector.
16		"Self-carry" means a pupil's ability to carry his or her
17		prescribed asthma medication or epinephrine auto-injector.
18		"Standing protocol" may be issued by (i) a physician
19		licensed to practice medicine in all its branches, (ii) a
20		licensed physician assistant who has been delegated the
21		authority to prescribe asthma medications or epinephrine
22		auto-injectors by his or her supervising physician, or (iii) a
23		licensed an advanced practice nurse who has a collaborative
24		agreement with a collaborating physician that delegates
25		authority to issue a standing protocol for asthma medications
26		or epinephrine auto-injectors.

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1		"Trained personnel" means any school employee or volunteer
2		personnel authorized in Sections 10-22.34, 10-22.34a, and
3		10-22.34b of this Code who has completed training under
4		subsection (g) of this Section to recognize and respond to
5		anaphylaxis.
6		"Undesignated epinephrine auto-injector" means an
7		epinephrine auto-injector prescribed in the name of a school
8		district, public school, or nonpublic school.
9		(b) A school, whether public or nonpublic, must permit the
10		self-administration and self-carry of asthma medication by a
11		pupil with asthma or the self-administration and self-carry of
12		an epinephrine auto-injector by a pupil, provided that:
13		(1) the parents or guardians of the pupil provide to
14		the school (i) written authorization from the parents or
15		guardians for (A) the self-administration and self-carry
16		of asthma medication or (B) the self-carry of asthma
17		medication or (ii) for (A) the self-administration and
18		self-carry of an epinephrine auto-injector or (B) the
19		self-carry of an epinephrine auto-injector, written
20		authorization from the pupil's physician, physician
21		assistant, or advanced practice nurse; and
22		(2) the parents or guardians of the pupil provide to
23		the school (i) the prescription label, which must contain
24		the name of the asthma medication, the prescribed dosage,
25		and the time at which or circumstances under which the
26		asthma medication is to be administered, or (ii) for the

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1		self-administration or self-carry of an epinephrine
2		auto-injector, a written statement from the pupil's
3		physician, physician assistant, or advanced practice nurse
4		containing the following information:
5		(A) the name and purpose of the epinephrine
6		auto-injector;
7		(B) the prescribed dosage; and
8		(C) the time or times at which or the special
9		circumstances under which the epinephrine
10		auto-injector is to be administered.
11		The information provided shall be kept on file in the office of
12		the school nurse or, in the absence of a school nurse, the
13		school's administrator.
14		(b-5) A school district, public school, or nonpublic school
15		may authorize the provision of a student-specific or
16		undesignated epinephrine auto-injector to a student or any
17		personnel authorized under a student's Individual Health Care
18		Action Plan, Illinois Food Allergy Emergency Action Plan and
19		Treatment Authorization Form, or plan pursuant to Section 504
20		of the federal Rehabilitation Act of 1973 to administer an
21		epinephrine auto-injector to the student, that meets the
22		student's prescription on file.
23		(b-10) The school district, public school, or nonpublic
24		school may authorize a school nurse or trained personnel to do
25		the following: (i) provide an undesignated epinephrine
26		auto-injector to a student for self-administration only or any

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1		personnel authorized under a student's Individual Health Care
2		Action Plan, Illinois Food Allergy Emergency Action Plan and
3		Treatment Authorization Form, or plan pursuant to Section 504
4		of the federal Rehabilitation Act of 1973 to administer to the
5		student, that meets the student's prescription on file; (ii)
6		administer an undesignated epinephrine auto-injector that
7		meets the prescription on file to any student who has an
8		Individual Health Care Action Plan, Illinois Food Allergy
9		Emergency Action Plan and Treatment Authorization Form, or plan
10		pursuant to Section 504 of the federal Rehabilitation Act of
11		1973 that authorizes the use of an epinephrine auto-injector;
12		and (iii) administer an undesignated epinephrine auto-injector
13		to any person that the school nurse or trained personnel in
14		good faith believes is having an anaphylactic reaction.
15		(c) The school district, public school, or nonpublic school
16		must inform the parents or guardians of the pupil, in writing,
17		that the school district, public school, or nonpublic school
18		and its employees and agents, including a physician, physician
19		assistant, or advanced practice nurse providing standing
20		protocol or prescription for school epinephrine
21		auto-injectors, are to incur no liability or professional
22		discipline, except for willful and wanton conduct, as a result
23		of any injury arising from the administration of asthma
24		medication or of an epinephrine auto-injector regardless of
25		whether authorization was given by the pupil's parents or
26		guardians or by the pupil's physician, physician assistant, or

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1		advanced practice nurse. The parents or guardians of the pupil
2		must sign a statement acknowledging that the school district,
3		public school, or nonpublic school and its employees and agents
4		are to incur no liability, except for willful and wanton
5		conduct, as a result of any injury arising from the
6		administration of asthma medication or of an epinephrine
7		auto-injector regardless of whether authorization was given by
8		the pupil's parents or guardians or by the pupil's physician,
9		physician assistant, or advanced practice nurse and that the
10		parents or guardians must indemnify and hold harmless the
11		school district, public school, or nonpublic school and its
12		employees and agents against any claims, except a claim based
13		on willful and wanton conduct, arising out of the
14		administration of asthma medication or of an epinephrine
15		auto-injector regardless of whether authorization was given by
16		the pupil's parents or guardians or by the pupil's physician,
17		physician assistant, or advanced practice nurse.
18		(c-5) Upon the effective date of this amendatory Act of the
19		98th General Assembly, when a school nurse or trained personnel
20		administers an undesignated epinephrine auto-injector to a
21		person whom the school nurse or trained personnel in good faith
22		believes is having an anaphylactic reaction, notwithstanding
23		the lack of notice to the parents or guardians of the pupil or
24		the absence of the parents or guardians signed statement
25		acknowledging no liability, except for willful and wanton
26		conduct, the school district, public school, or nonpublic

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1		school and its employees and agents, and a physician, a
2		physician assistant, or an advanced practice nurse providing
3		standing protocol or prescription for undesignated epinephrine
4		auto-injectors, are to incur no liability or professional
5		discipline, except for willful and wanton conduct, as a result
6		of any injury arising from the use of an undesignated
7		epinephrine auto-injector regardless of whether authorization
8		was given by the pupil's parents or guardians or by the pupil's
9		physician, physician assistant, or advanced practice nurse.
10		(d) The permission for self-administration and self-carry
11		of asthma medication or the self-administration and self-carry
12		of an epinephrine auto-injector is effective for the school
13		year for which it is granted and shall be renewed each
14		subsequent school year upon fulfillment of the requirements of
15		this Section.
16		(e) Provided that the requirements of this Section are
17		fulfilled, a pupil with asthma may self-administer and
18		self-carry his or her asthma medication or a pupil may
19		self-administer and self-carry an epinephrine auto-injector
20		(i) while in school, (ii) while at a school-sponsored activity,
21		(iii) while under the supervision of school personnel, or (iv)
22		before or after normal school activities, such as while in
23		before-school or after-school care on school-operated
24		property.
25		(e-5) Provided that the requirements of this Section are
26		fulfilled, a school nurse or trained personnel may administer

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1		an undesignated epinephrine auto-injector to any person whom
2		the school nurse or trained personnel in good faith believes to
3		be having an anaphylactic reaction (i) while in school, (ii)
4		while at a school-sponsored activity, (iii) while under the
5		supervision of school personnel, or (iv) before or after normal
6		school activities, such as while in before-school or
7		after-school care on school-operated property. A school nurse
8		or trained personnel may carry undesignated epinephrine
9		auto-injectors on his or her person while in school or at a
10		school-sponsored activity.
11		(f) The school district, public school, or nonpublic school
12		may maintain a supply of undesignated epinephrine
13		auto-injectors in any secure location where an allergic person
14		is most at risk, including, but not limited to, classrooms and
15		lunchrooms. A physician, a physician assistant who has been
16		delegated prescriptive authority for asthma medication or
17		epinephrine auto-injectors in accordance with Section 7.5 of
18		the Physician Assistant Practice Act of 1987, or an advanced
19		practice nurse who has been delegated prescriptive authority
20		for asthma medication or epinephrine auto-injectors in
21		accordance with Section 65-40 of the Nurse Practice Act may
22		prescribe undesignated epinephrine auto-injectors in the name
23		of the school district, public school, or nonpublic school to
24		be maintained for use when necessary. Any supply of epinephrine
25		auto-injectors shall be maintained in accordance with the
26		manufacturer's instructions.

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1		(f-5) Upon any administration of an epinephrine
2		auto-injector, a school district, public school, or nonpublic
3		school must immediately activate the EMS system and notify the
4		student's parent, guardian, or emergency contact, if known.
5		(f-10) Within 24 hours of the administration of an
6		undesignated epinephrine auto-injector, a school district,
7		public school, or nonpublic school must notify the physician,
8		physician assistant, or advance practice nurse who provided the
9		standing protocol or prescription for the undesignated
10		epinephrine auto-injector of its use.
11		(g) Prior to the administration of an undesignated
12		epinephrine auto-injector, trained personnel must submit to
13		his or her school's administration proof of completion of a
14		training curriculum to recognize and respond to anaphylaxis
15		that meets the requirements of subsection (h) of this Section.
16		Training must be completed annually. Trained personnel must
17		also submit to his or her school's administration proof of
18		cardiopulmonary resuscitation and automated external
19		defibrillator certification. The school district, public
20		school, or nonpublic school must maintain records related to
21		the training curriculum and trained personnel.
22		(h) A training curriculum to recognize and respond to
23		anaphylaxis, including the administration of an undesignated
24		epinephrine auto-injector, may be conducted online or in
25		person. It must include, but is not limited to:
26		(1) how to recognize symptoms of an allergic reaction;

HB0421 Engrossed - 24 - LRB099 05828 HAF 25872 b
1		(2) a review of high-risk areas within the school and
2		its related facilities;
3		(3) steps to take to prevent exposure to allergens;
4		(4) how to respond to an emergency involving an
5		allergic reaction;
6		(5) how to administer an epinephrine auto-injector;
7		(6) how to respond to a student with a known allergy as
8		well as a student with a previously unknown allergy;
9		(7) a test demonstrating competency of the knowledge
10		required to recognize anaphylaxis and administer an
11		epinephrine auto-injector; and
12		(8) other criteria as determined in rules adopted
13		pursuant to this Section.
14		In consultation with statewide professional organizations
15		representing physicians licensed to practice medicine in all of
16		its branches, registered nurses, and school nurses, the Board
17		shall make available resource materials consistent with
18		criteria in this subsection (h) for educating trained personnel
19		to recognize and respond to anaphylaxis. The Board may take
20		into consideration the curriculum on this subject developed by
21		other states, as well as any other curricular materials
22		suggested by medical experts and other groups that work on
23		life-threatening allergy issues. The Board is not required to
24		create new resource materials. The Board shall make these
25		resource materials available on its Internet website.
26		(i) Within 3 days after the administration of an

HB0421 Engrossed - 25 - LRB099 05828 HAF 25872 b
1		undesignated epinephrine auto-injector by a school nurse,
2		trained personnel, or a student at a school or school-sponsored
3		activity, the school must report to the Board in a form and
4		manner prescribed by the Board the following information:
5		(1) age and type of person receiving epinephrine
6		(student, staff, visitor);
7		(2) any previously known diagnosis of a severe allergy;
8		(3) trigger that precipitated allergic episode;
9		(4) location where symptoms developed;
10		(5) number of doses administered;
11		(6) type of person administering epinephrine (school
12		nurse, trained personnel, student); and
13		(7) any other information required by the Board.
14		(j) By October 1, 2015 and every year thereafter, the Board
15		shall submit a report to the General Assembly identifying the
16		frequency and circumstances of epinephrine administration
17		during the preceding academic year. This report shall be
18		published on the Board's Internet website on the date the
19		report is delivered to the General Assembly.
20		(k) The Board may adopt rules necessary to implement this
21		Section.
22		(Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)
23		(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
24		Sec. 24-5. Physical fitness and professional growth.
25		(a) In this Section, "employee" means any employee of a

HB0421 Engrossed - 26 - LRB099 05828 HAF 25872 b
1		school district, a student teacher, an employee of a contractor
2		that provides services to students or in schools, or any other
3		individual subject to the requirements of Section 10-21.9 or
4		34-18.5 of this Code.
5		(b) School boards shall require of new employees evidence
6		of physical fitness to perform duties assigned and freedom from
7		communicable disease. Such evidence shall consist of a physical
8		examination by a physician licensed in Illinois or any other
9		state to practice medicine and surgery in all its branches, a
10		licensed an advanced practice nurse who has a written
11		collaborative agreement with a collaborating physician that
12		authorizes the advanced practice nurse to perform health
13		examinations, or a licensed physician assistant who has been
14		delegated the authority to perform health examinations by his
15		or her supervising physician not more than 90 days preceding
16		time of presentation to the board, and the cost of such
17		examination shall rest with the employee. A new or existing
18		employee may be subject to additional health examinations,
19		including screening for tuberculosis, as required by rules
20		adopted by the Department of Public Health or by order of a
21		local public health official. The board may from time to time
22		require an examination of any employee by a physician licensed
23		in Illinois to practice medicine and surgery in all its
24		branches, a licensed an advanced practice nurse who has a
25		written collaborative agreement with a collaborating physician
26		that authorizes the advanced practice nurse to perform health

HB0421 Engrossed - 27 - LRB099 05828 HAF 25872 b
1		examinations, or a licensed physician assistant who has been
2		delegated the authority to perform health examinations by his
3		or her supervising physician and shall pay the expenses thereof
4		from school funds.
5		(c) School boards may require teachers in their employ to
6		furnish from time to time evidence of continued professional
7		growth.
8		(Source: P.A. 98-716, eff. 7-16-14.)
9		(105 ILCS 5/24-6)
10		Sec. 24-6. Sick leave. The school boards of all school
11		districts, including special charter districts, but not
12		including school districts in municipalities of 500,000 or
13		more, shall grant their full-time teachers, and also shall
14		grant such of their other employees as are eligible to
15		participate in the Illinois Municipal Retirement Fund under the
16		"600-Hour Standard" established, or under such other
17		eligibility participation standard as may from time to time be
18		established, by rules and regulations now or hereafter
19		promulgated by the Board of that Fund under Section 7-198 of
20		the Illinois Pension Code, as now or hereafter amended, sick
21		leave provisions not less in amount than 10 days at full pay in
22		each school year. If any such teacher or employee does not use
23		the full amount of annual leave thus allowed, the unused amount
24		shall be allowed to accumulate to a minimum available leave of
25		180 days at full pay, including the leave of the current year.

HB0421 Engrossed - 28 - LRB099 05828 HAF 25872 b
1		Sick leave shall be interpreted to mean personal illness,
2		quarantine at home, serious illness or death in the immediate
3		family or household, or birth, adoption, or placement for
4		adoption. The school board may require a certificate from a
5		physician licensed in Illinois to practice medicine and surgery
6		in all its branches, a chiropractic physician licensed under
7		the Medical Practice Act of 1987, a licensed an advanced
8		practice nurse who has a written collaborative agreement with a
9		collaborating physician that authorizes the advanced practice
10		nurse to perform health examinations, a licensed physician
11		assistant who has been delegated the authority to perform
12		health examinations by his or her supervising physician, or, if
13		the treatment is by prayer or spiritual means, a spiritual
14		adviser or practitioner of the teacher's or employee's faith as
15		a basis for pay during leave after an absence of 3 days for
16		personal illness or 30 days for birth or as the school board
17		may deem necessary in other cases. If the school board does
18		require a certificate as a basis for pay during leave of less
19		than 3 days for personal illness, the school board shall pay,
20		from school funds, the expenses incurred by the teachers or
21		other employees in obtaining the certificate. For paid leave
22		for adoption or placement for adoption, the school board may
23		require that the teacher or other employee provide evidence
24		that the formal adoption process is underway, and such leave is
25		limited to 30 days unless a longer leave has been negotiated
26		with the exclusive bargaining representative.

HB0421 Engrossed - 29 - LRB099 05828 HAF 25872 b
1		If, by reason of any change in the boundaries of school
2		districts, or by reason of the creation of a new school
3		district, the employment of a teacher is transferred to a new
4		or different board, the accumulated sick leave of such teacher
5		is not thereby lost, but is transferred to such new or
6		different district.
7		For purposes of this Section, "immediate family" shall
8		include parents, spouse, brothers, sisters, children,
9		grandparents, grandchildren, parents-in-law, brothers-in-law,
10		sisters-in-law, and legal guardians.
11		(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;
12		96-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)
13		(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
14		Sec. 26-1. Compulsory school age-Exemptions. Whoever has
15		custody or control of any child (i) between the ages of 7 and
16		17 years (unless the child has already graduated from high
17		school) for school years before the 2014-2015 school year or
18		(ii) between the ages of 6 (on or before September 1) and 17
19		years (unless the child has already graduated from high school)
20		beginning with the 2014-2015 school year shall cause such child
21		to attend some public school in the district wherein the child
22		resides the entire time it is in session during the regular
23		school term, except as provided in Section 10-19.1, and during
24		a required summer school program established under Section
25		10-22.33B; provided, that the following children shall not be

HB0421 Engrossed - 30 - LRB099 05828 HAF 25872 b
1		required to attend the public schools:
2		1. Any child attending a private or a parochial school
3		where children are taught the branches of education taught
4		to children of corresponding age and grade in the public
5		schools, and where the instruction of the child in the
6		branches of education is in the English language;
7		2. Any child who is physically or mentally unable to
8		attend school, such disability being certified to the
9		county or district truant officer by a competent physician
10		licensed in Illinois to practice medicine and surgery in
11		all its branches, a chiropractic physician licensed under
12		the Medical Practice Act of 1987, a licensed an advanced
13		practice nurse who has a written collaborative agreement
14		with a collaborating physician that authorizes the
15		advanced practice nurse to perform health examinations, a
16		licensed physician assistant who has been delegated the
17		authority to perform health examinations by his or her
18		supervising physician, or a Christian Science practitioner
19		residing in this State and listed in the Christian Science
20		Journal; or who is excused for temporary absence for cause
21		by the principal or teacher of the school which the child
22		attends; the exemptions in this paragraph (2) do not apply
23		to any female who is pregnant or the mother of one or more
24		children, except where a female is unable to attend school
25		due to a complication arising from her pregnancy and the
26		existence of such complication is certified to the county

HB0421 Engrossed - 31 - LRB099 05828 HAF 25872 b
1		or district truant officer by a competent physician;
2		3. Any child necessarily and lawfully employed
3		according to the provisions of the law regulating child
4		labor may be excused from attendance at school by the
5		county superintendent of schools or the superintendent of
6		the public school which the child should be attending, on
7		certification of the facts by and the recommendation of the
8		school board of the public school district in which the
9		child resides. In districts having part time continuation
10		schools, children so excused shall attend such schools at
11		least 8 hours each week;
12		4. Any child over 12 and under 14 years of age while in
13		attendance at confirmation classes;
14		5. Any child absent from a public school on a
15		particular day or days or at a particular time of day for
16		the reason that he is unable to attend classes or to
17		participate in any examination, study or work requirements
18		on a particular day or days or at a particular time of day,
19		because the tenets of his religion forbid secular activity
20		on a particular day or days or at a particular time of day.
21		Each school board shall prescribe rules and regulations
22		relative to absences for religious holidays including, but
23		not limited to, a list of religious holidays on which it
24		shall be mandatory to excuse a child; but nothing in this
25		paragraph 5 shall be construed to limit the right of any
26		school board, at its discretion, to excuse an absence on

HB0421 Engrossed - 32 - LRB099 05828 HAF 25872 b
1		any other day by reason of the observance of a religious
2		holiday. A school board may require the parent or guardian
3		of a child who is to be excused from attending school due
4		to the observance of a religious holiday to give notice,
5		not exceeding 5 days, of the child's absence to the school
6		principal or other school personnel. Any child excused from
7		attending school under this paragraph 5 shall not be
8		required to submit a written excuse for such absence after
9		returning to school; and
10		6. Any child 16 years of age or older who (i) submits
11		to a school district evidence of necessary and lawful
12		employment pursuant to paragraph 3 of this Section and (ii)
13		is enrolled in a graduation incentives program pursuant to
14		Section 26-16 of this Code or an alternative learning
15		opportunities program established pursuant to Article 13B
16		of this Code.
17		(Source: P.A. 98-544, eff. 7-1-14.)
18		(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
19		Sec. 27-8.1. Health examinations and immunizations.
20		(1) In compliance with rules and regulations which the
21		Department of Public Health shall promulgate, and except as
22		hereinafter provided, all children in Illinois shall have a
23		health examination as follows: within one year prior to
24		entering kindergarten or the first grade of any public,
25		private, or parochial elementary school; upon entering the

HB0421 Engrossed - 33 - LRB099 05828 HAF 25872 b
1		sixth and ninth grades of any public, private, or parochial
2		school; prior to entrance into any public, private, or
3		parochial nursery school; and, irrespective of grade,
4		immediately prior to or upon entrance into any public, private,
5		or parochial school or nursery school, each child shall present
6		proof of having been examined in accordance with this Section
7		and the rules and regulations promulgated hereunder. Any child
8		who received a health examination within one year prior to
9		entering the fifth grade for the 2007-2008 school year is not
10		required to receive an additional health examination in order
11		to comply with the provisions of Public Act 95-422 when he or
12		she attends school for the 2008-2009 school year, unless the
13		child is attending school for the first time as provided in
14		this paragraph.
15		A tuberculosis skin test screening shall be included as a
16		required part of each health examination included under this
17		Section if the child resides in an area designated by the
18		Department of Public Health as having a high incidence of
19		tuberculosis. Additional health examinations of pupils,
20		including eye examinations, may be required when deemed
21		necessary by school authorities. Parents are encouraged to have
22		their children undergo eye examinations at the same points in
23		time required for health examinations.
24		(1.5) In compliance with rules adopted by the Department of
25		Public Health and except as otherwise provided in this Section,
26		all children in kindergarten and the second and sixth grades of

HB0421 Engrossed - 34 - LRB099 05828 HAF 25872 b
1		any public, private, or parochial school shall have a dental
2		examination. Each of these children shall present proof of
3		having been examined by a dentist in accordance with this
4		Section and rules adopted under this Section before May 15th of
5		the school year. If a child in the second or sixth grade fails
6		to present proof by May 15th, the school may hold the child's
7		report card until one of the following occurs: (i) the child
8		presents proof of a completed dental examination or (ii) the
9		child presents proof that a dental examination will take place
10		within 60 days after May 15th. The Department of Public Health
11		shall establish, by rule, a waiver for children who show an
12		undue burden or a lack of access to a dentist. Each public,
13		private, and parochial school must give notice of this dental
14		examination requirement to the parents and guardians of
15		students at least 60 days before May 15th of each school year.
16		(1.10) Except as otherwise provided in this Section, all
17		children enrolling in kindergarten in a public, private, or
18		parochial school on or after the effective date of this
19		amendatory Act of the 95th General Assembly and any student
20		enrolling for the first time in a public, private, or parochial
21		school on or after the effective date of this amendatory Act of
22		the 95th General Assembly shall have an eye examination. Each
23		of these children shall present proof of having been examined
24		by a physician licensed to practice medicine in all of its
25		branches or a licensed optometrist within the previous year, in
26		accordance with this Section and rules adopted under this

HB0421 Engrossed - 35 - LRB099 05828 HAF 25872 b
1		Section, before October 15th of the school year. If the child
2		fails to present proof by October 15th, the school may hold the
3		child's report card until one of the following occurs: (i) the
4		child presents proof of a completed eye examination or (ii) the
5		child presents proof that an eye examination will take place
6		within 60 days after October 15th. The Department of Public
7		Health shall establish, by rule, a waiver for children who show
8		an undue burden or a lack of access to a physician licensed to
9		practice medicine in all of its branches who provides eye
10		examinations or to a licensed optometrist. Each public,
11		private, and parochial school must give notice of this eye
12		examination requirement to the parents and guardians of
13		students in compliance with rules of the Department of Public
14		Health. Nothing in this Section shall be construed to allow a
15		school to exclude a child from attending because of a parent's
16		or guardian's failure to obtain an eye examination for the
17		child.
18		(2) The Department of Public Health shall promulgate rules
19		and regulations specifying the examinations and procedures
20		that constitute a health examination, which shall include the
21		collection of data relating to obesity (including at a minimum,
22		date of birth, gender, height, weight, blood pressure, and date
23		of exam), and a dental examination and may recommend by rule
24		that certain additional examinations be performed. The rules
25		and regulations of the Department of Public Health shall
26		specify that a tuberculosis skin test screening shall be

HB0421 Engrossed - 36 - LRB099 05828 HAF 25872 b
1		included as a required part of each health examination included
2		under this Section if the child resides in an area designated
3		by the Department of Public Health as having a high incidence
4		of tuberculosis. The Department of Public Health shall specify
5		that a diabetes screening as defined by rule shall be included
6		as a required part of each health examination. Diabetes testing
7		is not required.
8		Physicians licensed to practice medicine in all of its
9		branches, licensed advanced practice nurses who have a written
10		collaborative agreement with a collaborating physician which
11		authorizes them to perform health examinations, or licensed
12		physician assistants who have been delegated the performance of
13		health examinations by their supervising physician shall be
14		responsible for the performance of the health examinations,
15		other than dental examinations, eye examinations, and vision
16		and hearing screening, and shall sign all report forms required
17		by subsection (4) of this Section that pertain to those
18		portions of the health examination for which the physician,
19		advanced practice nurse, or physician assistant is
20		responsible. If a registered nurse performs any part of a
21		health examination, then a physician licensed to practice
22		medicine in all of its branches must review and sign all
23		required report forms. Licensed dentists shall perform all
24		dental examinations and shall sign all report forms required by
25		subsection (4) of this Section that pertain to the dental
26		examinations. Physicians licensed to practice medicine in all

HB0421 Engrossed - 37 - LRB099 05828 HAF 25872 b
1		its branches or licensed optometrists shall perform all eye
2		examinations required by this Section and shall sign all report
3		forms required by subsection (4) of this Section that pertain
4		to the eye examination. For purposes of this Section, an eye
5		examination shall at a minimum include history, visual acuity,
6		subjective refraction to best visual acuity near and far,
7		internal and external examination, and a glaucoma evaluation,
8		as well as any other tests or observations that in the
9		professional judgment of the doctor are necessary. Vision and
10		hearing screening tests, which shall not be considered
11		examinations as that term is used in this Section, shall be
12		conducted in accordance with rules and regulations of the
13		Department of Public Health, and by individuals whom the
14		Department of Public Health has certified. In these rules and
15		regulations, the Department of Public Health shall require that
16		individuals conducting vision screening tests give a child's
17		parent or guardian written notification, before the vision
18		screening is conducted, that states, "Vision screening is not a
19		substitute for a complete eye and vision evaluation by an eye
20		doctor. Your child is not required to undergo this vision
21		screening if an optometrist or ophthalmologist has completed
22		and signed a report form indicating that an examination has
23		been administered within the previous 12 months."
24		(3) Every child shall, at or about the same time as he or
25		she receives a health examination required by subsection (1) of
26		this Section, present to the local school proof of having

HB0421 Engrossed - 38 - LRB099 05828 HAF 25872 b
1		received such immunizations against preventable communicable
2		diseases as the Department of Public Health shall require by
3		rules and regulations promulgated pursuant to this Section and
4		the Communicable Disease Prevention Act.
5		(4) The individuals conducting the health examination,
6		dental examination, or eye examination shall record the fact of
7		having conducted the examination, and such additional
8		information as required, including for a health examination
9		data relating to obesity (including at a minimum, date of
10		birth, gender, height, weight, blood pressure, and date of
11		exam), on uniform forms which the Department of Public Health
12		and the State Board of Education shall prescribe for statewide
13		use. The examiner shall summarize on the report form any
14		condition that he or she suspects indicates a need for special
15		services, including for a health examination factors relating
16		to obesity. The individuals confirming the administration of
17		required immunizations shall record as indicated on the form
18		that the immunizations were administered.
19		(5) If a child does not submit proof of having had either
20		the health examination or the immunization as required, then
21		the child shall be examined or receive the immunization, as the
22		case may be, and present proof by October 15 of the current
23		school year, or by an earlier date of the current school year
24		established by a school district. To establish a date before
25		October 15 of the current school year for the health
26		examination or immunization as required, a school district must

HB0421 Engrossed - 39 - LRB099 05828 HAF 25872 b
1		give notice of the requirements of this Section 60 days prior
2		to the earlier established date. If for medical reasons one or
3		more of the required immunizations must be given after October
4		15 of the current school year, or after an earlier established
5		date of the current school year, then the child shall present,
6		by October 15, or by the earlier established date, a schedule
7		for the administration of the immunizations and a statement of
8		the medical reasons causing the delay, both the schedule and
9		the statement being issued by the physician, advanced practice
10		nurse, physician assistant, registered nurse, or local health
11		department that will be responsible for administration of the
12		remaining required immunizations. If a child does not comply by
13		October 15, or by the earlier established date of the current
14		school year, with the requirements of this subsection, then the
15		local school authority shall exclude that child from school
16		until such time as the child presents proof of having had the
17		health examination as required and presents proof of having
18		received those required immunizations which are medically
19		possible to receive immediately. During a child's exclusion
20		from school for noncompliance with this subsection, the child's
21		parents or legal guardian shall be considered in violation of
22		Section 26-1 and subject to any penalty imposed by Section
23		26-10. This subsection (5) does not apply to dental
24		examinations and eye examinations. If the student is an
25		out-of-state transfer student and does not have the proof
26		required under this subsection (5) before October 15 of the

HB0421 Engrossed - 40 - LRB099 05828 HAF 25872 b
1		current year or whatever date is set by the school district,
2		then he or she may only attend classes (i) if he or she has
3		proof that an appointment for the required vaccinations has
4		been scheduled with a party authorized to submit proof of the
5		required vaccinations. If the proof of vaccination required
6		under this subsection (5) is not submitted within 30 days after
7		the student is permitted to attend classes, then the student is
8		not to be permitted to attend classes until proof of the
9		vaccinations has been properly submitted. No school district or
10		employee of a school district shall be held liable for any
11		injury or illness to another person that results from admitting
12		an out-of-state transfer student to class that has an
13		appointment scheduled pursuant to this subsection (5).
14		(6) Every school shall report to the State Board of
15		Education by November 15, in the manner which that agency shall
16		require, the number of children who have received the necessary
17		immunizations and the health examination (other than a dental
18		examination or eye examination) as required, indicating, of
19		those who have not received the immunizations and examination
20		as required, the number of children who are exempt from health
21		examination and immunization requirements on religious or
22		medical grounds as provided in subsection (8). On or before
23		December 1 of each year, every public school district and
24		registered nonpublic school shall make publicly available the
25		immunization data they are required to submit to the State
26		Board of Education by November 15. The immunization data made

HB0421 Engrossed - 41 - LRB099 05828 HAF 25872 b
1		publicly available must be identical to the data the school
2		district or school has reported to the State Board of
3		Education.
4		Every school shall report to the State Board of Education
5		by June 30, in the manner that the State Board requires, the
6		number of children who have received the required dental
7		examination, indicating, of those who have not received the
8		required dental examination, the number of children who are
9		exempt from the dental examination on religious grounds as
10		provided in subsection (8) of this Section and the number of
11		children who have received a waiver under subsection (1.5) of
12		this Section.
13		Every school shall report to the State Board of Education
14		by June 30, in the manner that the State Board requires, the
15		number of children who have received the required eye
16		examination, indicating, of those who have not received the
17		required eye examination, the number of children who are exempt
18		from the eye examination as provided in subsection (8) of this
19		Section, the number of children who have received a waiver
20		under subsection (1.10) of this Section, and the total number
21		of children in noncompliance with the eye examination
22		requirement.
23		The reported information under this subsection (6) shall be
24		provided to the Department of Public Health by the State Board
25		of Education.
26		(7) Upon determining that the number of pupils who are

HB0421 Engrossed - 42 - LRB099 05828 HAF 25872 b
1		required to be in compliance with subsection (5) of this
2		Section is below 90% of the number of pupils enrolled in the
3		school district, 10% of each State aid payment made pursuant to
4		Section 18-8.05 to the school district for such year may be
5		withheld by the State Board of Education until the number of
6		students in compliance with subsection (5) is the applicable
7		specified percentage or higher.
8		(8) Parents or legal guardians who object to health,
9		dental, or eye examinations or any part thereof, or to
10		immunizations, on religious grounds shall not be required to
11		submit their children or wards to the examinations or
12		immunizations to which they so object if such parents or legal
13		guardians present to the appropriate local school authority a
14		signed statement of objection, detailing the grounds for the
15		objection. If the physical condition of the child is such that
16		any one or more of the immunizing agents should not be
17		administered, the examining physician, advanced practice
18		nurse, or physician assistant responsible for the performance
19		of the health examination shall endorse that fact upon the
20		health examination form. Exempting a child from the health,
21		dental, or eye examination does not exempt the child from
22		participation in the program of physical education training
23		provided in Sections 27-5 through 27-7 of this Code.
24		(9) For the purposes of this Section, "nursery schools"
25		means those nursery schools operated by elementary school
26		systems or secondary level school units or institutions of

HB0421 Engrossed - 43 - LRB099 05828 HAF 25872 b
1		higher learning.
2		(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,
3		eff. 6-30-14.)
4		Section 20. The Illinois Clinical Laboratory and Blood Bank
5		Act is amended by changing Section 7-101 as follows:
6		(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
7		Sec. 7-101. Examination of specimens. A clinical
8		laboratory shall examine specimens only at the request of (i) a
9		licensed physician, (ii) a licensed dentist, (iii) a licensed
10		podiatric physician, (iv) a licensed optometrist, (v) a
11		licensed physician assistant in accordance with the written
12		supervision agreement required under Section 7.5 of the
13		Physician Assistant Practice Act of 1987 or when authorized
14		under Section 7.7 of the Physician Assistant Practice Act of
15		1987, (v-A) a licensed an advanced practice nurse in accordance
16		with the written collaborative agreement required under
17		Section 65-35 of the Nurse Practice Act or when authorized
18		under Section 65-45 of the Nurse Practice Act, (vi) an
19		authorized law enforcement agency or, in the case of blood
20		alcohol, at the request of the individual for whom the test is
21		to be performed in compliance with Sections 11-501 and 11-501.1
22		of the Illinois Vehicle Code, or (vii) a genetic counselor with
23		the specific authority from a referral to order a test or tests
24		pursuant to subsection (b) of Section 20 of the Genetic

HB0421 Engrossed - 44 - LRB099 05828 HAF 25872 b
1		Counselor Licensing Act. If the request to a laboratory is
2		oral, the physician or other authorized person shall submit a
3		written request to the laboratory within 48 hours. If the
4		laboratory does not receive the written request within that
5		period, it shall note that fact in its records. For purposes of
6		this Section, a request made by electronic mail or fax
7		constitutes a written request.
8		(Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14;
9		98-214, eff. 8-9-13; 98-756, eff. 7-16-14; 98-767, eff.
10		1-1-15.)
11		Section 25. The Home Health, Home Services, and Home
12		Nursing Agency Licensing Act is amended by changing Section
13		2.05 as follows:
14		(210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)
15		Sec. 2.05. "Home health services" means services provided
16		to a person at his residence according to a plan of treatment
17		for illness or infirmity prescribed by a physician licensed to
18		practice medicine in all its branches, a licensed physician
19		assistant who has been delegated the authority to prescribe
20		home health services by his or her supervising physician, or a
21		licensed an advanced practice nurse who has a written
22		collaborative agreement with a collaborating physician that
23		delegates the authority to prescribe home health services. Such
24		services include part time and intermittent nursing services

HB0421 Engrossed - 45 - LRB099 05828 HAF 25872 b
1		and other therapeutic services such as physical therapy,
2		occupational therapy, speech therapy, medical social services,
3		or services provided by a home health aide.
4		(Source: P.A. 98-261, eff. 8-9-13.)
5		Section 30. The Illinois Insurance Code is amended by
6		changing Sections 356g.5 and 356z.1 as follows:
7		(215 ILCS 5/356g.5)
8		Sec. 356g.5. Clinical breast exam.
9		(a) The General Assembly finds that clinical breast
10		examinations are a critical tool in the early detection of
11		breast cancer, while the disease is in its earlier and
12		potentially more treatable stages. Insurer reimbursement of
13		clinical breast examinations is essential to the effort to
14		reduce breast cancer deaths in Illinois.
15		(b) Every insurer shall provide, in each group or
16		individual policy, contract, or certificate of accident or
17		health insurance issued or renewed for persons who are
18		residents of Illinois, coverage for complete and thorough
19		clinical breast examinations as indicated by guidelines of
20		practice, performed by a physician licensed to practice
21		medicine in all its branches, a licensed an advanced practice
22		nurse who has a collaborative agreement with a collaborating
23		physician that authorizes breast examinations, or a licensed
24		physician assistant who has been delegated authority to provide

HB0421 Engrossed - 46 - LRB099 05828 HAF 25872 b
1		breast examinations, to check for lumps and other changes for
2		the purpose of early detection and prevention of breast cancer
3		as follows:
4		(1) at least every 3 years for women at least 20 years
5		of age but less than 40 years of age; and
6		(2) annually for women 40 years of age or older.
7		(c) Upon approval of a nationally recognized separate and
8		distinct clinical breast exam code that is compliant with all
9		State and federal laws, rules, and regulations, public and
10		private insurance plans shall take action to cover clinical
11		breast exams on a separate and distinct basis.
12		(Source: P.A. 95-189, eff. 8-16-07.)
13		(215 ILCS 5/356z.1)
14		Sec. 356z.1. Prenatal HIV testing. An individual or group
15		policy of accident and health insurance that provides maternity
16		coverage and is amended, delivered, issued, or renewed after
17		the effective date of this amendatory Act of the 92nd General
18		Assembly must provide coverage for prenatal HIV testing ordered
19		by an attending physician licensed to practice medicine in all
20		its branches, or by a physician assistant or advanced practice
21		registered nurse who has a written collaborative agreement with
22		a collaborating physician that authorizes these services,
23		including but not limited to orders consistent with the
24		recommendations of the American College of Obstetricians and
25		Gynecologists or the American Academy of Pediatrics.

HB0421 Engrossed - 47 - LRB099 05828 HAF 25872 b
1		(Source: P.A. 92-130, eff. 7-20-01.)
2		Section 33. The Medical Practice Act of 1987 is amended by
3		changing Section 54.5 as follows:
4		(225 ILCS 60/54.5)
5		(Section scheduled to be repealed on December 31, 2015)
6		Sec. 54.5. Physician delegation of authority to physician
7		assistants, advanced practice nurses, and prescribing
8		psychologists.
9		(a) Physicians licensed to practice medicine in all its
10		branches may delegate care and treatment responsibilities to a
11		physician assistant under guidelines in accordance with the
12		requirements of the Physician Assistant Practice Act of 1987. A
13		physician licensed to practice medicine in all its branches may
14		enter into supervising physician agreements with no more than 5
15		physician assistants as set forth in subsection (a) of Section
16		7 of the Physician Assistant Practice Act of 1987.
17		(b) A physician licensed to practice medicine in all its
18		branches in active clinical practice may collaborate with an
19		advanced practice nurse in accordance with the requirements of
20		the Nurse Practice Act. Collaboration is for the purpose of
21		providing medical consultation, and no employment relationship
22		is required. A written collaborative agreement shall conform to
23		the requirements of Section 65-35 of the Nurse Practice Act.
24		The written collaborative agreement shall be for services in

HB0421 Engrossed - 48 - LRB099 05828 HAF 25872 b
1		the same area of practice or specialty as the collaborating
2		physician generally provides or may provide in his or her
3		clinical medical practice. A written collaborative agreement
4		shall be adequate with respect to collaboration with advanced
5		practice nurses if all of the following apply:
6		(1) The agreement is written to promote the exercise of
7		professional judgment by the advanced practice nurse
8		commensurate with his or her education and experience. The
9		agreement need not describe the exact steps that an
10		advanced practice nurse must take with respect to each
11		specific condition, disease, or symptom, but must specify
12		those procedures that require a physician's presence as the
13		procedures are being performed.
14		(2) Practice guidelines and orders are developed and
15		approved jointly by the advanced practice nurse and
16		collaborating physician, as needed, based on the practice
17		of the practitioners. Such guidelines and orders and the
18		patient services provided thereunder are periodically
19		reviewed by the collaborating physician.
20		(2) (3) The advance practice nurse provides services
21		based upon a written collaborative agreement with the
22		collaborating physician generally provides or may provide
23		in his or her clinical medical practice, except as set
24		forth in subsection (b-5) of this Section. With respect to
25		labor and delivery, the collaborating physician must
26		provide delivery services in order to participate with a

HB0421 Engrossed - 49 - LRB099 05828 HAF 25872 b
1		certified nurse midwife.
2		(4) The collaborating physician and advanced practice
3		nurse consult at least once a month to provide
4		collaboration and consultation.
5		(3) (5) Methods of communication are available with the
6		collaborating physician in person or through
7		telecommunications for consultation, collaboration, and
8		referral as needed to address patient care needs.
9		(6) The agreement contains provisions detailing notice
10		for termination or change of status involving a written
11		collaborative agreement, except when such notice is given
12		for just cause.
13		(b-5) An anesthesiologist or physician licensed to
14		practice medicine in all its branches may collaborate with a
15		certified registered nurse anesthetist in accordance with
16		Section 65-35 of the Nurse Practice Act for the provision of
17		anesthesia services. With respect to the provision of
18		anesthesia services, the collaborating anesthesiologist or
19		physician shall have training and experience in the delivery of
20		anesthesia services consistent with Department rules.
21		Collaboration shall be adequate if:
22		(1) an anesthesiologist or a physician participates in
23		the joint formulation and joint approval of orders or
24		guidelines and periodically reviews such orders and the
25		services provided patients under such orders; and
26		(2) for anesthesia services, the anesthesiologist or

HB0421 Engrossed - 50 - LRB099 05828 HAF 25872 b
1		physician participates through discussion of and agreement
2		with the anesthesia plan and is physically present and
3		available on the premises during the delivery of anesthesia
4		services for diagnosis, consultation, and treatment of
5		emergency medical conditions. Anesthesia services in a
6		hospital shall be conducted in accordance with Section 10.7
7		of the Hospital Licensing Act and in an ambulatory surgical
8		treatment center in accordance with Section 6.5 of the
9		Ambulatory Surgical Treatment Center Act.
10		(b-10) The anesthesiologist or operating physician must
11		agree with the anesthesia plan prior to the delivery of
12		services.
13		(c) The supervising physician shall have access to the
14		medical records of all patients attended by a physician
15		assistant. The collaborating physician shall have access to the
16		medical records of all patients attended to by an advanced
17		practice nurse.
18		(d) (Blank).
19		(e) A physician shall not be liable for the acts or
20		omissions of a prescribing psychologist, physician assistant,
21		or advanced practice nurse solely on the basis of having signed
22		a supervision agreement or guidelines or a collaborative
23		agreement, an order, a standing medical order, a standing
24		delegation order, or other order or guideline authorizing a
25		prescribing psychologist, physician assistant, or advanced
26		practice nurse to perform acts, unless the physician has reason

HB0421 Engrossed - 51 - LRB099 05828 HAF 25872 b
1		to believe the prescribing psychologist, physician assistant,
2		or advanced practice nurse lacked the competency to perform the
3		act or acts or commits willful and wanton misconduct.
4		(f) A collaborating physician may, but is not required to,
5		delegate prescriptive authority to an advanced practice nurse
6		as part of a written collaborative agreement, and the
7		delegation of prescriptive authority shall conform to the
8		requirements of Section 65-40 of the Nurse Practice Act.
9		(g) A supervising physician may, but is not required to,
10		delegate prescriptive authority to a physician assistant as
11		part of a written supervision agreement, and the delegation of
12		prescriptive authority shall conform to the requirements of
13		Section 7.5 of the Physician Assistant Practice Act of 1987.
14		(h) (Blank). For the purposes of this Section, "generally
15		provides or may provide in his or her clinical medical
16		practice" means categories of care or treatment, not specific
17		tasks or duties, that the physician provides individually or
18		through delegation to other persons so that the physician has
19		the experience and ability to provide collaboration and
20		consultation. This definition shall not be construed to
21		prohibit an advanced practice nurse from providing primary
22		health treatment or care within the scope of his or her
23		training and experience, including, but not limited to, health
24		screenings, patient histories, physical examinations, women's
25		health examinations, or school physicals that may be provided
26		as part of the routine practice of an advanced practice nurse

HB0421 Engrossed - 52 - LRB099 05828 HAF 25872 b
1		or on a volunteer basis.
2		(i) A collaborating physician shall delegate prescriptive
3		authority to a prescribing psychologist as part of a written
4		collaborative agreement, and the delegation of prescriptive
5		authority shall conform to the requirements of Section 4.3 of
6		the Clinical Psychologist Licensing Act.
7		(Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12;
8		98-192, eff. 1-1-14; 98-668, eff. 6-25-14.)
9		Section 35. The Nurse Practice Act is amended by changing
10		Sections 50-10, 65-35, and 65-45 and by adding Section 65-35.1
11		as follows:
12		(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
13		(Section scheduled to be repealed on January 1, 2018)
14		Sec. 50-10. Definitions. Each of the following terms, when
15		used in this Act, shall have the meaning ascribed to it in this
16		Section, except where the context clearly indicates otherwise:
17		"Academic year" means the customary annual schedule of
18		courses at a college, university, or approved school,
19		customarily regarded as the school year as distinguished from
20		the calendar year.
21		"Advanced practice nurse" or "APN" means a person who has
22		met the qualifications for a (i) certified nurse midwife (CNM);
23		(ii) certified nurse practitioner (CNP); (iii) certified
24		registered nurse anesthetist (CRNA); or (iv) clinical nurse

HB0421 Engrossed - 53 - LRB099 05828 HAF 25872 b
1		specialist (CNS) and has been licensed by the Department. All
2		advanced practice nurses licensed and practicing in the State
3		of Illinois shall use the title APN and may use specialty
4		credentials CNM, CNP, CRNA, or CNS after their name. All
5		advanced practice nurses may only practice in accordance with
6		national certification and this Act.
7		"Approved program of professional nursing education" and
8		"approved program of practical nursing education" are programs
9		of professional or practical nursing, respectively, approved
10		by the Department under the provisions of this Act.
11		"Board" means the Board of Nursing appointed by the
12		Secretary.
13		"Collaboration" means a process involving 2 or more health
14		care professionals working together, each contributing one's
15		respective area of expertise to provide more comprehensive
16		patient care.
17		"Consultation" means the process whereby an advanced
18		practice nurse seeks the advice or opinion of another health
19		care professional.
20		"Credentialed" means the process of assessing and
21		validating the qualifications of a health care professional.
22		"Current nursing practice update course" means a planned
23		nursing education curriculum approved by the Department
24		consisting of activities that have educational objectives,
25		instructional methods, content or subject matter, clinical
26		practice, and evaluation methods, related to basic review and

HB0421 Engrossed - 54 - LRB099 05828 HAF 25872 b
1		updating content and specifically planned for those nurses
2		previously licensed in the United States or its territories and
3		preparing for reentry into nursing practice.
4		"Dentist" means a person licensed to practice dentistry
5		under the Illinois Dental Practice Act.
6		"Department" means the Department of Financial and
7		Professional Regulation.
8		"Impaired nurse" means a nurse licensed under this Act who
9		is unable to practice with reasonable skill and safety because
10		of a physical or mental disability as evidenced by a written
11		determination or written consent based on clinical evidence,
12		including loss of motor skills, abuse of drugs or alcohol, or a
13		psychiatric disorder, of sufficient degree to diminish his or
14		her ability to deliver competent patient care.
15		"License-pending advanced practice nurse" means a
16		registered professional nurse who has completed all
17		requirements for licensure as an advanced practice nurse except
18		the certification examination and has applied to take the next
19		available certification exam and received a temporary license
20		from the Department.
21		"License-pending registered nurse" means a person who has
22		passed the Department-approved registered nurse licensure exam
23		and has applied for a license from the Department. A
24		license-pending registered nurse shall use the title "RN lic
25		pend" on all documentation related to nursing practice.
26		"Physician" means a person licensed to practice medicine in

HB0421 Engrossed - 55 - LRB099 05828 HAF 25872 b
1		all its branches under the Medical Practice Act of 1987.
2		"Podiatric physician" means a person licensed to practice
3		podiatry under the Podiatric Medical Practice Act of 1987.
4		"Practical nurse" or "licensed practical nurse" means a
5		person who is licensed as a practical nurse under this Act and
6		practices practical nursing as defined in this Act. Only a
7		practical nurse licensed under this Act is entitled to use the
8		title "licensed practical nurse" and the abbreviation
9		"L.P.N.".
10		"Practical nursing" means the performance of nursing acts
11		requiring the basic nursing knowledge, judgment judgement, and
12		skill acquired by means of completion of an approved practical
13		nursing education program. Practical nursing includes
14		assisting in the nursing process as delegated by a registered
15		professional nurse or an advanced practice nurse. The practical
16		nurse may work under the direction of a licensed physician,
17		dentist, podiatric physician, or other health care
18		professional determined by the Department.
19		"Privileged" means the authorization granted by the
20		governing body of a healthcare facility, agency, or
21		organization to provide specific patient care services within
22		well-defined limits, based on qualifications reviewed in the
23		credentialing process.
24		"Registered Nurse" or "Registered Professional Nurse"
25		means a person who is licensed as a professional nurse under
26		this Act and practices nursing as defined in this Act. Only a

HB0421 Engrossed - 56 - LRB099 05828 HAF 25872 b
1		registered nurse licensed under this Act is entitled to use the
2		titles "registered nurse" and "registered professional nurse"
3		and the abbreviation, "R.N.".
4		"Registered professional nursing practice" is a scientific
5		process founded on a professional body of knowledge; it is a
6		learned profession based on the understanding of the human
7		condition across the life span and environment and includes all
8		nursing specialties and means the performance of any nursing
9		act based upon professional knowledge, judgment, and skills
10		acquired by means of completion of an approved professional
11		nursing education program. A registered professional nurse
12		provides holistic nursing care through the nursing process to
13		individuals, groups, families, or communities, that includes
14		but is not limited to: (1) the assessment of healthcare needs,
15		nursing diagnosis, planning, implementation, and nursing
16		evaluation; (2) the promotion, maintenance, and restoration of
17		health; (3) counseling, patient education, health education,
18		and patient advocacy; (4) the administration of medications and
19		treatments as prescribed by a physician licensed to practice
20		medicine in all of its branches, a licensed dentist, a licensed
21		podiatric physician, or a licensed optometrist or as prescribed
22		by a physician assistant in accordance with written guidelines
23		required under the Physician Assistant Practice Act of 1987 or
24		by an advanced practice nurse in accordance with Article 65 of
25		this Act; (5) the coordination and management of the nursing
26		plan of care; (6) the delegation to and supervision of

HB0421 Engrossed - 57 - LRB099 05828 HAF 25872 b
1		individuals who assist the registered professional nurse
2		implementing the plan of care; and (7) teaching nursing
3		students. The foregoing shall not be deemed to include those
4		acts of medical diagnosis or prescription of therapeutic or
5		corrective measures.
6		"Professional assistance program for nurses" means a
7		professional assistance program that meets criteria
8		established by the Board of Nursing and approved by the
9		Secretary, which provides a non-disciplinary treatment
10		approach for nurses licensed under this Act whose ability to
11		practice is compromised by alcohol or chemical substance
12		addiction.
13		"Secretary" means the Secretary of Financial and
14		Professional Regulation.
15		"Unencumbered license" means a license issued in good
16		standing.
17		"Written collaborative agreement" means a written
18		agreement between an advanced practice nurse and a
19		collaborating physician, dentist, or podiatric physician
20		pursuant to Section 65-35.
21		(Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
22		(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
23		(Section scheduled to be repealed on January 1, 2018)
24		Sec. 65-35. Written collaborative agreements.
25		(a) A written collaborative agreement is required for all

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1		advanced practice nurses engaged in clinical practice, except
2		for advanced practice nurses who are authorized to practice in
3		a hospital, hospital affiliate, or ambulatory surgical
4		treatment center.
5		(a-5) If an advanced practice nurse engages in clinical
6		practice outside of a hospital, hospital affiliate, or
7		ambulatory surgical treatment center in which he or she is
8		authorized to practice, the advanced practice nurse must have a
9		written collaborative agreement.
10		(b) A written collaborative agreement shall describe the
11		working relationship of the advanced practice nurse with the
12		collaborating physician or podiatric physician and shall
13		describe authorize the categories of care, treatment, or
14		procedures to be provided performed by the advanced practice
15		nurse. A collaborative agreement with a dentist must be in
16		accordance with subsection (c-10) of this Section.
17		Collaboration does not require an employment relationship
18		between the collaborating physician or podiatric physician and
19		advanced practice nurse. Collaboration means the relationship
20		under which an advanced practice nurse works with a
21		collaborating physician or podiatric physician in an active
22		clinical practice to deliver health care services in accordance
23		with (i) the advanced practice nurse's training, education, and
24		experience and (ii) collaboration and consultation as
25		documented in a jointly developed written collaborative
26		agreement.

HB0421 Engrossed - 59 - LRB099 05828 HAF 25872 b
1		The agreement shall promote the exercise of professional
2		judgment by the advanced practice nurse commensurate with his
3		or her education and experience. The services to be provided by
4		the advanced practice nurse shall be services that the
5		collaborating physician or podiatric physician is authorized
6		to and generally provides or may provide in his or her clinical
7		medical or podiatric practice, except as set forth in
8		subsection (b-5) or (c-5) of this Section. The agreement need
9		not describe the exact steps that an advanced practice nurse
10		must take with respect to each specific condition, disease, or
11		symptom but must specify which authorized procedures require
12		the presence of the collaborating physician or podiatric
13		physician as the procedures are being performed. The
14		collaborative relationship under an agreement shall not be
15		construed to require the personal presence of a physician or
16		podiatric physician at the place where services are rendered.
17		Methods of communication shall be available for consultation
18		with the collaborating physician or podiatric physician in
19		person or by telecommunications or electronic communications
20		in accordance with established written guidelines as set forth
21		in the written agreement.
22		(b-5) Absent an employment relationship, a written
23		collaborative agreement may not (1) restrict the categories of
24		patients of an advanced practice nurse within the scope of the
25		advanced practice nurses training and experience, (2) limit
26		third party payors or government health programs, such as the

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1		medical assistance program or Medicare with which the advanced
2		practice nurse contracts, or (3) limit the geographic area or
3		practice location of the advanced practice nurse in this State.
4		(c) Collaboration and consultation under all collaboration
5		agreements shall be adequate if a collaborating physician or
6		podiatric physician does each of the following:
7		(1) Participates in the joint formulation and joint
8		approval of orders or guidelines with the advanced practice
9		nurse and he or she periodically reviews such orders and
10		the services provided patients under such orders in
11		accordance with accepted standards of medical practice or
12		podiatric practice and advanced practice nursing practice.
13		(2) Provides collaboration and consultation with the
14		advanced practice nurse at least once a month. In the case
15		of anesthesia services provided by a certified registered
16		nurse anesthetist, an anesthesiologist, a physician, a
17		dentist, or a podiatric physician must participate through
18		discussion of and agreement with the anesthesia plan and
19		remain physically present and available on the premises
20		during the delivery of anesthesia services for diagnosis,
21		consultation, and treatment of emergency medical
22		conditions.
23		(3) Is available through telecommunications for
24		consultation on medical problems, complications, or
25		emergencies or patient referral. In the case of anesthesia
26		services provided by a certified registered nurse

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1		anesthetist, an anesthesiologist, a physician, a dentist,
2		or a podiatric physician must participate through
3		discussion of and agreement with the anesthesia plan and
4		remain physically present and available on the premises
5		during the delivery of anesthesia services for diagnosis,
6		consultation, and treatment of emergency medical
7		conditions.
8		The agreement must contain provisions detailing notice for
9		termination or change of status involving a written
10		collaborative agreement, except when such notice is given for
11		just cause.
12		(c-5) A certified registered nurse anesthetist, who
13		provides anesthesia services outside of a hospital or
14		ambulatory surgical treatment center shall enter into a written
15		collaborative agreement with an anesthesiologist or the
16		physician licensed to practice medicine in all its branches or
17		the podiatric physician performing the procedure. Outside of a
18		hospital or ambulatory surgical treatment center, the
19		certified registered nurse anesthetist may provide only those
20		services that the collaborating podiatric physician is
21		authorized to provide pursuant to the Podiatric Medical
22		Practice Act of 1987 and rules adopted thereunder. A certified
23		registered nurse anesthetist may select, order, and administer
24		medication, including controlled substances, and apply
25		appropriate medical devices for delivery of anesthesia
26		services under the anesthesia plan agreed with by the

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1		anesthesiologist or the operating physician or operating
2		podiatric physician.
3		(c-10) A certified registered nurse anesthetist who
4		provides anesthesia services in a dental office shall enter
5		into a written collaborative agreement with an
6		anesthesiologist or the physician licensed to practice
7		medicine in all its branches or the operating dentist
8		performing the procedure. The agreement shall describe the
9		working relationship of the certified registered nurse
10		anesthetist and dentist and shall authorize the categories of
11		care, treatment, or procedures to be performed by the certified
12		registered nurse anesthetist. In a collaborating dentist's
13		office, the certified registered nurse anesthetist may only
14		provide those services that the operating dentist with the
15		appropriate permit is authorized to provide pursuant to the
16		Illinois Dental Practice Act and rules adopted thereunder. For
17		anesthesia services, an anesthesiologist, physician, or
18		operating dentist shall participate through discussion of and
19		agreement with the anesthesia plan and shall remain physically
20		present and be available on the premises during the delivery of
21		anesthesia services for diagnosis, consultation, and treatment
22		of emergency medical conditions. A certified registered nurse
23		anesthetist may select, order, and administer medication,
24		including controlled substances, and apply appropriate medical
25		devices for delivery of anesthesia services under the
26		anesthesia plan agreed with by the operating dentist.

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1		(d) A copy of the signed, written collaborative agreement
2		must be available to the Department upon request from both the
3		advanced practice nurse and the collaborating physician,
4		dentist, or podiatric physician.
5		(e) Nothing in this Act shall be construed to limit the
6		delegation of tasks or duties by a physician to a licensed
7		practical nurse, a registered professional nurse, or other
8		persons in accordance with Section 54.2 of the Medical Practice
9		Act of 1987. Nothing in this Act shall be construed to limit
10		the method of delegation that may be authorized by any means,
11		including, but not limited to, oral, written, electronic,
12		standing orders, protocols, guidelines, or verbal orders.
13		Nothing in this Act shall be construed to authorize an advanced
14		practice nurse to provide health care services required by law
15		or rule to be performed by a physician.
16		(f) An advanced practice nurse shall inform each
17		collaborating physician, dentist, or podiatric physician of
18		all collaborative agreements he or she has signed and provide a
19		copy of these to any collaborating physician, dentist, or
20		podiatric physician upon request.
21		(g) (Blank). For the purposes of this Act, "generally
22		provides or may provide in his or her clinical medical
23		practice" means categories of care or treatment, not specific
24		tasks or duties, the physician provides individually or through
25		delegation to other persons so that the physician has the
26		experience and ability to provide collaboration and

HB0421 Engrossed - 64 - LRB099 05828 HAF 25872 b
1		consultation. This definition shall not be construed to
2		prohibit an advanced practice nurse from providing primary
3		health treatment or care within the scope of his or her
4		training and experience, including, but not limited to, health
5		screenings, patient histories, physical examinations, women's
6		health examinations, or school physicals that may be provided
7		as part of the routine practice of an advanced practice nurse
8		or on a volunteer basis.
9		For the purposes of this Act, "generally provides or may
10		provide in his or her clinical podiatric practice" means
11		services, not specific tasks or duties, that the podiatric
12		physician routinely provides individually or through
13		delegation to other persons so that the podiatric physician has
14		the experience and ability to provide collaboration and
15		consultation.
16		(Source: P.A. 97-358, eff. 8-12-11; 98-192, eff. 1-1-14;
17		98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
18		(225 ILCS 65/65-35.1 new)
19		Sec. 65-35.1. Written collaborative agreement; temporary
20		practice. Any advanced practice nurse required to enter into a
21		written collaborative agreement with a collaborating physician
22		or collaborating podiatrist is authorized to continue to
23		practice for up to 90 days after the termination of a
24		collaborative agreement provided the advanced practice nurse
25		seeks any needed collaboration at a local hospital and refers

HB0421 Engrossed - 65 - LRB099 05828 HAF 25872 b
1		patients who require services beyond the training and
2		experience of the advanced practice nurse to a physician or
3		other health care provider.
4		(225 ILCS 65/65-45) (was 225 ILCS 65/15-25)
5		(Section scheduled to be repealed on January 1, 2018)
6		Sec. 65-45. Advanced practice nursing in hospitals,
7		hospital affiliates, or ambulatory surgical treatment centers.
8		(a) An advanced practice nurse may provide services in a
9		hospital or a hospital affiliate as those terms are defined in
10		the Hospital Licensing Act or the University of Illinois
11		Hospital Act or a licensed ambulatory surgical treatment center
12		without a written collaborative agreement pursuant to Section
13		65-35 of this Act. An advanced practice nurse must possess
14		clinical privileges recommended by the hospital medical staff
15		and granted by the hospital or the consulting medical staff
16		committee and ambulatory surgical treatment center in order to
17		provide services. The medical staff or consulting medical staff
18		committee shall periodically review the services of advanced
19		practice nurses granted clinical privileges, including any
20		care provided in a hospital affiliate. Authority may also be
21		granted when recommended by the hospital medical staff and
22		granted by the hospital or recommended by the consulting
23		medical staff committee and ambulatory surgical treatment
24		center to individual advanced practice nurses to select, order,
25		and administer medications, including controlled substances,

HB0421 Engrossed - 66 - LRB099 05828 HAF 25872 b
1		to provide delineated care. In a hospital, hospital affiliate,
2		or ambulatory surgical treatment center, the attending
3		physician shall determine an advanced practice nurse's role in
4		providing care for his or her patients, except as otherwise
5		provided in the medical staff bylaws or consulting committee
6		policies.
7		(a-2) An advanced practice nurse granted authority to order
8		medications including controlled substances may complete
9		discharge prescriptions provided the prescription is in the
10		name of the advanced practice nurse and the attending or
11		discharging physician.
12		(a-3) Advanced practice nurses practicing in a hospital or
13		an ambulatory surgical treatment center are not required to
14		obtain a mid-level controlled substance license to order
15		controlled substances under Section 303.05 of the Illinois
16		Controlled Substances Act.
17		(a-5) For anesthesia services provided by a certified
18		registered nurse anesthetist, an anesthesiologist, physician,
19		dentist, or podiatric physician shall participate through
20		discussion of and agreement with the anesthesia plan and shall
21		remain physically present and be available on the premises
22		during the delivery of anesthesia services for diagnosis,
23		consultation, and treatment of emergency medical conditions,
24		unless hospital policy adopted pursuant to clause (B) of
25		subdivision (3) of Section 10.7 of the Hospital Licensing Act
26		or ambulatory surgical treatment center policy adopted

HB0421 Engrossed - 67 - LRB099 05828 HAF 25872 b
1		pursuant to clause (B) of subdivision (3) of Section 6.5 of the
2		Ambulatory Surgical Treatment Center Act provides otherwise. A
3		certified registered nurse anesthetist may select, order, and
4		administer medication for anesthesia services under the
5		anesthesia plan agreed to by the anesthesiologist or the
6		physician, in accordance with hospital alternative policy or
7		the medical staff consulting committee policies of a licensed
8		ambulatory surgical treatment center.
9		(b) An advanced practice nurse who provides services in a
10		hospital shall do so in accordance with Section 10.7 of the
11		Hospital Licensing Act and, in an ambulatory surgical treatment
12		center, in accordance with Section 6.5 of the Ambulatory
13		Surgical Treatment Center Act.
14		(c) Advanced practice nurses certified as nurse
15		practitioners, nurse midwives, or clinical nurse specialists
16		practicing in a hospital affiliate may be, but are not required
17		to be, granted authority to prescribe Schedule II through V
18		controlled substances when such authority is recommended by the
19		appropriate physician committee of the hospital affiliate and
20		granted by the hospital affiliate. This authority may, but is
21		not required to, include prescription of, selection of, orders
22		for, administration of, storage of, acceptance of samples of,
23		and dispensing over-the-counter medications, legend drugs,
24		medical gases, and controlled substances categorized as
25		Schedule II through V controlled substances, as defined in
26		Article II of the Illinois Controlled Substances Act, and other

HB0421 Engrossed - 68 - LRB099 05828 HAF 25872 b
1		preparations, including, but not limited to, botanical and
2		herbal remedies.
3		To prescribe controlled substances under this subsection
4		(c), an advanced practice nurse certified as a nurse
5		practitioner, nurse midwife, or clinical nurse specialist must
6		obtain a mid-level practitioner controlled substance license.
7		Medication orders shall be reviewed periodically by the
8		appropriate hospital affiliate physicians committee or its
9		physician designee.
10		The hospital affiliate shall file with the Department
11		notice of a grant of prescriptive authority consistent with
12		this subsection (c) and termination of such a grant of
13		authority, in accordance with rules of the Department. Upon
14		receipt of this notice of grant of authority to prescribe any
15		Schedule II through V controlled substances, the licensed
16		advanced practice nurse certified as a nurse practitioner,
17		nurse midwife, or clinical nurse specialist may register for a
18		mid-level practitioner controlled substance license under
19		Section 303.05 of the Illinois Controlled Substances Act.
20		In addition, a hospital affiliate may, but is not required
21		to, grant authority to an advanced practice nurse certified as
22		a nurse practitioner, nurse midwife, or clinical nurse
23		specialist to prescribe any Schedule II controlled substances,
24		if all of the following conditions apply:
25		(1) specific Schedule II controlled substances by oral
26		dosage or topical or transdermal application may be

HB0421 Engrossed - 69 - LRB099 05828 HAF 25872 b
1		designated, provided that the designated Schedule II
2		controlled substances are routinely prescribed by advanced
3		practice nurses in their area of certification; this grant
4		of authority must identify the specific Schedule II
5		controlled substances by either brand name or generic name;
6		authority to prescribe or dispense Schedule II controlled
7		substances to be delivered by injection or other route of
8		administration may not be granted;
9		(2) any grant of authority must be controlled
10		substances limited to the practice of the advanced practice
11		nurse;
12		(3) any prescription must be limited to no more than a
13		30-day supply;
14		(4) the advanced practice nurse must discuss the
15		condition of any patients for whom a controlled substance
16		is prescribed monthly with the appropriate physician
17		committee of the hospital affiliate or its physician
18		designee; and
19		(5) the advanced practice nurse must meet the education
20		requirements of Section 303.05 of the Illinois Controlled
21		Substances Act.
22		(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
23		Section 40. The Illinois Occupational Therapy Practice Act
24		is amended by changing Section 3.1 as follows:

HB0421 Engrossed - 70 - LRB099 05828 HAF 25872 b
1		(225 ILCS 75/3.1)
2		(Section scheduled to be repealed on January 1, 2024)
3		Sec. 3.1. Referrals.
4		(a) A licensed occupational therapist or licensed
5		occupational therapy assistant may consult with, educate,
6		evaluate, and monitor services for individuals, groups, and
7		populations concerning occupational therapy needs. Except as
8		indicated in subsections (b) and (c) of this Section,
9		implementation of direct occupational therapy treatment to
10		individuals for their specific health care conditions shall be
11		based upon a referral from a licensed physician, dentist,
12		podiatric physician, or advanced practice nurse who has a
13		written collaborative agreement with a collaborating physician
14		to provide or accept referrals from licensed occupational
15		therapists, physician assistant who has been delegated
16		authority to provide or accept referrals from or to licensed
17		occupational therapists, or optometrist.
18		(b) A referral is not required for the purpose of providing
19		consultation, habilitation, screening, education, wellness,
20		prevention, environmental assessments, and work-related
21		ergonomic services to individuals, groups, or populations.
22		(c) Referral from a physician or other health care provider
23		is not required for evaluation or intervention for children and
24		youths if an occupational therapist or occupational therapy
25		assistant provides services in a school-based or educational
26		environment, including the child's home.

HB0421 Engrossed - 71 - LRB099 05828 HAF 25872 b
1		(d) An occupational therapist shall refer to a licensed
2		physician, dentist, optometrist, advanced practice nurse,
3		physician assistant, or podiatric physician any patient whose
4		medical condition should, at the time of evaluation or
5		treatment, be determined to be beyond the scope of practice of
6		the occupational therapist.
7		(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
8		98-756, eff. 7-16-14.)
9		Section 45. The Orthotics, Prosthetics, and Pedorthics
10		Practice Act is amended by changing Section 57 as follows:
11		(225 ILCS 84/57)
12		(Section scheduled to be repealed on January 1, 2020)
13		Sec. 57. Limitation on provision of care and services. A
14		licensed orthotist, prosthetist, or pedorthist may provide
15		care or services only if the care or services are provided
16		pursuant to an order from (i) a licensed physician, (ii) a
17		licensed podiatric physician, (iii) a licensed an advanced
18		practice nurse who has a written collaborative agreement with a
19		collaborating physician or podiatric physician that
20		specifically authorizes ordering the services of an orthotist,
21		prosthetist or pedorthist, or (iv) an advanced practice nurse
22		who practices in a hospital or ambulatory surgical treatment
23		center and possesses clinical privileges to order services of
24		an orthotist, prosthetist, or pedorthist, or (v) a licensed

HB0421 Engrossed - 72 - LRB099 05828 HAF 25872 b
1		physician assistant who has been delegated the authority to
2		order the services of an orthotist, prosthetist, or pedorthist
3		by his or her supervising physician. A licensed podiatric
4		physician or advanced practice nurse collaborating with a
5		podiatric physician may only order care or services concerning
6		the foot from a licensed prosthetist.
7		(Source: P.A. 98-214, eff. 8-9-13.)
8		Section 50. The Illinois Physical Therapy Act is amended by
9		changing Section 1 as follows:
10		(225 ILCS 90/1) (from Ch. 111, par. 4251)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 1. Definitions. As used in this Act:
13		(1) "Physical therapy" means all of the following:
14		(A) Examining, evaluating, and testing individuals who
15		may have mechanical, physiological, or developmental
16		impairments, functional limitations, disabilities, or
17		other health and movement-related conditions, classifying
18		these disorders, determining a rehabilitation prognosis
19		and plan of therapeutic intervention, and assessing the
20		on-going effects of the interventions.
21		(B) Alleviating impairments, functional limitations,
22		or disabilities by designing, implementing, and modifying
23		therapeutic interventions that may include, but are not
24		limited to, the evaluation or treatment of a person through

HB0421 Engrossed - 73 - LRB099 05828 HAF 25872 b
1		the use of the effective properties of physical measures
2		and heat, cold, light, water, radiant energy, electricity,
3		sound, and air and use of therapeutic massage, therapeutic
4		exercise, mobilization, and rehabilitative procedures,
5		with or without assistive devices, for the purposes of
6		preventing, correcting, or alleviating a physical or
7		mental impairment, functional limitation, or disability.
8		(C) Reducing the risk of injury, impairment,
9		functional limitation, or disability, including the
10		promotion and maintenance of fitness, health, and
11		wellness.
12		(D) Engaging in administration, consultation,
13		education, and research.
14		Physical therapy includes, but is not limited to: (a)
15		performance of specialized tests and measurements, (b)
16		administration of specialized treatment procedures, (c)
17		interpretation of referrals from physicians, dentists,
18		advanced practice nurses, physician assistants, and podiatric
19		physicians, (d) establishment, and modification of physical
20		therapy treatment programs, (e) administration of topical
21		medication used in generally accepted physical therapy
22		procedures when such medication is prescribed by the patient's
23		physician, licensed to practice medicine in all its branches,
24		the patient's physician licensed to practice podiatric
25		medicine, the patient's advanced practice nurse, the patient's
26		physician assistant, or the patient's dentist, and (f)

HB0421 Engrossed - 74 - LRB099 05828 HAF 25872 b
1		supervision or teaching of physical therapy. Physical therapy
2		does not include radiology, electrosurgery, chiropractic
3		technique or determination of a differential diagnosis;
4		provided, however, the limitation on determining a
5		differential diagnosis shall not in any manner limit a physical
6		therapist licensed under this Act from performing an evaluation
7		pursuant to such license. Nothing in this Section shall limit a
8		physical therapist from employing appropriate physical therapy
9		techniques that he or she is educated and licensed to perform.
10		A physical therapist shall refer to a licensed physician,
11		advanced practice nurse, physician assistant, dentist, or
12		podiatric physician any patient whose medical condition
13		should, at the time of evaluation or treatment, be determined
14		to be beyond the scope of practice of the physical therapist.
15		(2) "Physical therapist" means a person who practices
16		physical therapy and who has met all requirements as provided
17		in this Act.
18		(3) "Department" means the Department of Professional
19		Regulation.
20		(4) "Director" means the Director of Professional
21		Regulation.
22		(5) "Board" means the Physical Therapy Licensing and
23		Disciplinary Board approved by the Director.
24		(6) "Referral" means a written or oral authorization for
25		physical therapy services for a patient by a physician,
26		dentist, advanced practice nurse, physician assistant, or

HB0421 Engrossed - 75 - LRB099 05828 HAF 25872 b
1		podiatric physician who maintains medical supervision of the
2		patient and makes a diagnosis or verifies that the patient's
3		condition is such that it may be treated by a physical
4		therapist.
5		(7) "Documented current and relevant diagnosis" for the
6		purpose of this Act means a diagnosis, substantiated by
7		signature or oral verification of a physician, dentist,
8		advanced practice nurse, physician assistant, or podiatric
9		physician, that a patient's condition is such that it may be
10		treated by physical therapy as defined in this Act, which
11		diagnosis shall remain in effect until changed by the
12		physician, dentist, advanced practice nurse, physician
13		assistant, or podiatric physician.
14		(8) "State" includes:
15		(a) the states of the United States of America;
16		(b) the District of Columbia; and
17		(c) the Commonwealth of Puerto Rico.
18		(9) "Physical therapist assistant" means a person licensed
19		to assist a physical therapist and who has met all requirements
20		as provided in this Act and who works under the supervision of
21		a licensed physical therapist to assist in implementing the
22		physical therapy treatment program as established by the
23		licensed physical therapist. The patient care activities
24		provided by the physical therapist assistant shall not include
25		the interpretation of referrals, evaluation procedures, or the
26		planning or major modification of patient programs.

HB0421 Engrossed - 76 - LRB099 05828 HAF 25872 b
1		(10) "Physical therapy aide" means a person who has
2		received on the job training, specific to the facility in which
3		he is employed, but who has not completed an approved physical
4		therapist assistant program.
5		(11) "Advanced practice nurse" means a person licensed as
6		an advanced practice nurse under the Nurse Practice Act who has
7		a collaborative agreement with a collaborating physician that
8		authorizes referrals to physical therapists.
9		(12) "Physician assistant" means a person licensed under
10		the Physician Assistant Practice Act of 1987 who has been
11		delegated authority to make referrals to physical therapists.
12		(Source: P.A. 98-214, eff. 8-9-13.)
13		Section 53. The Podiatric Medical Practice Act of 1987 is
14		amended by changing Section 20.5 as follows:
15		(225 ILCS 100/20.5)
16		(Section scheduled to be repealed on January 1, 2018)
17		Sec. 20.5. Delegation of authority to advanced practice
18		nurses.
19		(a) A podiatric physician in active clinical practice may
20		collaborate with an advanced practice nurse in accordance with
21		the requirements of the Nurse Practice Act. Collaboration shall
22		be for the purpose of providing podiatric care consultation and
23		no employment relationship shall be required. A written
24		collaborative agreement shall conform to the requirements of

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1		Section 65-35 of the Nurse Practice Act. The written
2		collaborative agreement shall be for services the
3		collaborating podiatric physician generally provides to his or
4		her patients in the normal course of clinical podiatric
5		practice, except as set forth in item (3) of this subsection
6		(a). A written collaborative agreement and podiatric physician
7		collaboration and consultation shall be adequate with respect
8		to advanced practice nurses if all of the following apply:
9		(1) The agreement is written to promote the exercise of
10		professional judgment by the advanced practice nurse
11		commensurate with his or her education and experience. The
12		agreement need not describe the exact steps that an
13		advanced practice nurse must take with respect to each
14		specific condition, disease, or symptom, but must specify
15		which procedures require a podiatric physician's presence
16		as the procedures are being performed.
17		(2) Practice guidelines and orders are developed and
18		approved jointly by the advanced practice nurse and
19		collaborating podiatric physician, as needed, based on the
20		practice of the practitioners. Such guidelines and orders
21		and the patient services provided thereunder are
22		periodically reviewed by the collaborating podiatric
23		physician.
24		(1) (3) The advance practice nurse provides services
25		that the collaborating podiatric physician generally
26		provides to his or her patients in the normal course of

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1		clinical practice. With respect to the provision of
2		anesthesia services by a certified registered nurse
3		anesthetist, the collaborating podiatric physician must
4		have training and experience in the delivery of anesthesia
5		consistent with Department rules.
6		(4) The collaborating podiatric physician and the
7		advanced practice nurse consult at least once a month to
8		provide collaboration and consultation.
9		(2) (5) Methods of communication are available with the
10		collaborating podiatric physician in person or through
11		telecommunications or electronic communications for
12		consultation, collaboration, and referral as needed to
13		address patient care needs.
14		(3) (6) With respect to the provision of anesthesia
15		services by a certified registered nurse anesthetist, an
16		anesthesiologist, physician, or podiatric physician shall
17		participate through discussion of and agreement with the
18		anesthesia plan and shall remain physically present and be
19		available on the premises during the delivery of anesthesia
20		services for diagnosis, consultation, and treatment of
21		emergency medical conditions. The anesthesiologist or
22		operating podiatric physician must agree with the
23		anesthesia plan prior to the delivery of services.
24		(7) The agreement contains provisions detailing notice
25		for termination or change of status involving a written
26		collaborative agreement, except when such notice is given

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1		for just cause.
2		(b) The collaborating podiatric physician shall have
3		access to the records of all patients attended to by an
4		advanced practice nurse.
5		(c) Nothing in this Section shall be construed to limit the
6		delegation of tasks or duties by a podiatric physician to a
7		licensed practical nurse, a registered professional nurse, or
8		other appropriately trained persons.
9		(d) A podiatric physician shall not be liable for the acts
10		or omissions of an advanced practice nurse solely on the basis
11		of having signed guidelines or a collaborative agreement, an
12		order, a standing order, a standing delegation order, or other
13		order or guideline authorizing an advanced practice nurse to
14		perform acts, unless the podiatric physician has reason to
15		believe the advanced practice nurse lacked the competency to
16		perform the act or acts or commits willful or wanton
17		misconduct.
18		(e) A podiatric physician, may, but is not required to
19		delegate prescriptive authority to an advanced practice nurse
20		as part of a written collaborative agreement and the delegation
21		of prescriptive authority shall conform to the requirements of
22		Section 65-40 of the Nurse Practice Act.
23		(Source: P.A. 97-358, eff. 8-12-11; 97-813, eff. 7-13-12;
24		98-214, eff. 8-9-13.)
25		Section 55. The Respiratory Care Practice Act is amended by

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1		changing Section 10 as follows:
2		(225 ILCS 106/10)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 10. Definitions. In this Act:
5		"Advanced practice nurse" means an advanced practice nurse
6		licensed under the Nurse Practice Act.
7		"Board" means the Respiratory Care Board appointed by the
8		Director.
9		"Basic respiratory care activities" means and includes all
10		of the following activities:
11		(1) Cleaning, disinfecting, and sterilizing equipment
12		used in the practice of respiratory care as delegated by a
13		licensed health care professional or other authorized
14		licensed personnel.
15		(2) Assembling equipment used in the practice of
16		respiratory care as delegated by a licensed health care
17		professional or other authorized licensed personnel.
18		(3) Collecting and reviewing patient data through
19		non-invasive means, provided that the collection and
20		review does not include the individual's interpretation of
21		the clinical significance of the data. Collecting and
22		reviewing patient data includes the performance of pulse
23		oximetry and non-invasive monitoring procedures in order
24		to obtain vital signs and notification to licensed health
25		care professionals and other authorized licensed personnel

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1		in a timely manner.
2		(4) Maintaining a nasal cannula or face mask for oxygen
3		therapy in the proper position on the patient's face.
4		(5) Assembling a nasal cannula or face mask for oxygen
5		therapy at patient bedside in preparation for use.
6		(6) Maintaining a patient's natural airway by
7		physically manipulating the jaw and neck, suctioning the
8		oral cavity, or suctioning the mouth or nose with a bulb
9		syringe.
10		(7) Performing assisted ventilation during emergency
11		resuscitation using a manual resuscitator.
12		(8) Using a manual resuscitator at the direction of a
13		licensed health care professional or other authorized
14		licensed personnel who is present and performing routine
15		airway suctioning. These activities do not include care of
16		a patient's artificial airway or the adjustment of
17		mechanical ventilator settings while a patient is
18		connected to the ventilator.
19		"Basic respiratory care activities" does not mean activities
20		that involve any of the following:
21		(1) Specialized knowledge that results from a course of
22		education or training in respiratory care.
23		(2) An unreasonable risk of a negative outcome for the
24		patient.
25		(3) The assessment or making of a decision concerning
26		patient care.

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1		(4) The administration of aerosol medication or
2		oxygen.
3		(5) The insertion and maintenance of an artificial
4		airway.
5		(6) Mechanical ventilatory support.
6		(7) Patient assessment.
7		(8) Patient education.
8		"Department" means the Department of Professional
9		Regulation.
10		"Director" means the Director of Professional Regulation.
11		"Licensed" means that which is required to hold oneself out
12		as a respiratory care practitioner as defined in this Act.
13		"Licensed health care professional" means a physician
14		licensed to practice medicine in all its branches, a licensed
15		an advanced practice nurse who has a written collaborative
16		agreement with a collaborating physician that authorizes the
17		advanced practice nurse to transmit orders to a respiratory
18		care practitioner, or a licensed physician assistant who has
19		been delegated the authority to transmit orders to a
20		respiratory care practitioner by his or her supervising
21		physician.
22		"Order" means a written, oral, or telecommunicated
23		authorization for respiratory care services for a patient by
24		(i) a licensed health care professional who maintains medical
25		supervision of the patient and makes a diagnosis or verifies
26		that the patient's condition is such that it may be treated by

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1		a respiratory care practitioner or (ii) a certified registered
2		nurse anesthetist in a licensed hospital or ambulatory surgical
3		treatment center.
4		"Other authorized licensed personnel" means a licensed
5		respiratory care practitioner, a licensed registered nurse, or
6		a licensed practical nurse whose scope of practice authorizes
7		the professional to supervise an individual who is not
8		licensed, certified, or registered as a health professional.
9		"Proximate supervision" means a situation in which an
10		individual is responsible for directing the actions of another
11		individual in the facility and is physically close enough to be
12		readily available, if needed, by the supervised individual.
13		"Respiratory care" and "cardiorespiratory care" mean
14		preventative services, evaluation and assessment services,
15		therapeutic services, and rehabilitative services under the
16		order of a licensed health care professional or a certified
17		registered nurse anesthetist in a licensed hospital for an
18		individual with a disorder, disease, or abnormality of the
19		cardiopulmonary system. These terms include, but are not
20		limited to, measuring, observing, assessing, and monitoring
21		signs and symptoms, reactions, general behavior, and general
22		physical response of individuals to respiratory care services,
23		including the determination of whether those signs, symptoms,
24		reactions, behaviors, or general physical responses exhibit
25		abnormal characteristics; the administration of
26		pharmacological and therapeutic agents related to respiratory

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1		care services; the collection of blood specimens and other
2		bodily fluids and tissues for, and the performance of,
3		cardiopulmonary diagnostic testing procedures, including, but
4		not limited to, blood gas analysis; development,
5		implementation, and modification of respiratory care treatment
6		plans based on assessed abnormalities of the cardiopulmonary
7		system, respiratory care guidelines, referrals, and orders of a
8		licensed health care professional; application, operation, and
9		management of mechanical ventilatory support and other means of
10		life support; and the initiation of emergency procedures under
11		the rules promulgated by the Department. A respiratory care
12		practitioner shall refer to a physician licensed to practice
13		medicine in all its branches any patient whose condition, at
14		the time of evaluation or treatment, is determined to be beyond
15		the scope of practice of the respiratory care practitioner.
16		"Respiratory care education program" means a course of
17		academic study leading to eligibility for registry or
18		certification in respiratory care. The training is to be
19		approved by an accrediting agency recognized by the Board and
20		shall include an evaluation of competence through a
21		standardized testing mechanism that is determined by the Board
22		to be both valid and reliable.
23		"Respiratory care practitioner" means a person who is
24		licensed by the Department of Professional Regulation and meets
25		all of the following criteria:
26		(1) The person is engaged in the practice of

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1		cardiorespiratory care and has the knowledge and skill
2		necessary to administer respiratory care.
3		(2) The person is capable of serving as a resource to
4		the licensed health care professional in relation to the
5		technical aspects of cardiorespiratory care and the safe
6		and effective methods for administering cardiorespiratory
7		care modalities.
8		(3) The person is able to function in situations of
9		unsupervised patient contact requiring great individual
10		judgment.
11		(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
12		Section 60. The Genetic Counselor Licensing Act is amended
13		by changing Sections 10, 20, and 95 as follows:
14		(225 ILCS 135/10)
15		(Section scheduled to be repealed on January 1, 2025)
16		Sec. 10. Definitions. As used in this Act:
17		"ABGC" means the American Board of Genetic Counseling.
18		"ABMG" means the American Board of Medical Genetics.
19		"Active candidate status" is awarded to applicants who have
20		received approval from the ABGC or ABMG to sit for their
21		respective certification examinations.
22		"Address of record" means the designated address recorded
23		by the Department in the applicant's or licensee's application
24		file or license file as maintained by the Department's

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1		licensure maintenance unit. It is the duty of the applicant or
2		licensee to inform the Department of any change of address, and
3		those changes must be made either through the Department's
4		website or by contacting the Department.
5		"Department" means the Department of Financial and
6		Professional Regulation.
7		"Genetic anomaly" means a variation in an individual's DNA
8		that has been shown to confer a genetically influenced disease
9		or predisposition to a genetically influenced disease or makes
10		a person a carrier of such variation. A "carrier" of a genetic
11		anomaly means a person who may or may not have a predisposition
12		or risk of incurring a genetically influenced condition and who
13		is at risk of having offspring with a genetically influenced
14		condition.
15		"Genetic counseling" means the provision of services,
16		which may include the ordering of genetic tests, pursuant to a
17		referral, to individuals, couples, groups, families, and
18		organizations by one or more appropriately trained individuals
19		to address the physical and psychological issues associated
20		with the occurrence or risk of occurrence or recurrence of a
21		genetic disorder, birth defect, disease, or potentially
22		inherited or genetically influenced condition in an individual
23		or a family. "Genetic counseling" consists of the following:
24		(A) Estimating the likelihood of occurrence or
25		recurrence of a birth defect or of any potentially
26		inherited or genetically influenced condition. This

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1		assessment may involve:
2		(i) obtaining and analyzing a complete health
3		history of the person and his or her family;
4		(ii) reviewing pertinent medical records;
5		(iii) evaluating the risks from exposure to
6		possible mutagens or teratogens;
7		(iv) recommending genetic testing or other
8		evaluations to diagnose a condition or determine the
9		carrier status of one or more family members;
10		(B) Helping the individual, family, health care
11		provider, or health care professional (i) appreciate the
12		medical, psychological and social implications of a
13		disorder, including its features, variability, usual
14		course and management options, (ii) learn how genetic
15		factors contribute to the disorder and affect the chance
16		for recurrence of the condition in other family members,
17		and (iii) understand available options for coping with,
18		preventing, or reducing the chance of occurrence or
19		recurrence of a condition.
20		(C) Facilitating an individual's or family's (i)
21		exploration of the perception of risk and burden associated
22		with the disorder and (ii) adjustment and adaptation to the
23		condition or their genetic risk by addressing needs for
24		psychological, social, and medical support.
25		"Genetic counselor" means a person licensed under this Act
26		to engage in the practice of genetic counseling.

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1		"Genetic testing" and "genetic test" mean a test or
2		analysis of human genes, gene products, DNA, RNA, chromosomes,
3		proteins, or metabolites that detects genotypes, mutations,
4		chromosomal changes, abnormalities, or deficiencies, including
5		carrier status, that (i) are linked to physical or mental
6		disorders or impairments, (ii) indicate a susceptibility to
7		illness, disease, impairment, or other disorders, whether
8		physical or mental, or (iii) demonstrate genetic or chromosomal
9		damage due to environmental factors. "Genetic testing" and
10		"genetic tests" do not include routine physical measurements;
11		chemical, blood and urine analyses that are widely accepted and
12		in use in clinical practice; tests for use of drugs; tests for
13		the presence of the human immunodeficiency virus; analyses of
14		proteins or metabolites that do not detect genotypes,
15		mutations, chromosomal changes, abnormalities, or
16		deficiencies; or analyses of proteins or metabolites that are
17		directly related to a manifested disease, disorder, or
18		pathological condition that could reasonably be detected by a
19		health care professional with appropriate training and
20		expertise in the field of medicine involved.
21		"Person" means an individual, association, partnership, or
22		corporation.
23		"Qualified supervisor" means any person who is a licensed
24		genetic counselor, as defined by rule, or a physician licensed
25		to practice medicine in all its branches. A qualified
26		supervisor may be provided at the applicant's place of work, or

HB0421 Engrossed - 89 - LRB099 05828 HAF 25872 b
1		may be contracted by the applicant to provide supervision. The
2		qualified supervisor shall file written documentation with the
3		Department of employment, discharge, or supervisory control of
4		a genetic counselor at the time of employment, discharge, or
5		assumption of supervision of a genetic counselor.
6		"Referral" means a written or telecommunicated
7		authorization for genetic counseling services from a physician
8		licensed to practice medicine in all its branches, a licensed
9		an advanced practice nurse who has a collaborative agreement
10		with a collaborating physician that authorizes referrals to a
11		genetic counselor, or a licensed physician assistant who has a
12		supervision agreement with a supervising physician that
13		authorizes referrals to a genetic counselor.
14		"Secretary" means the Secretary of Financial and
15		Professional Regulation.
16		"Supervision" means review of aspects of genetic
17		counseling and case management in a bimonthly meeting with the
18		person under supervision.
19		(Source: P.A. 98-813, eff. 1-1-15.)
20		(225 ILCS 135/20)
21		(Section scheduled to be repealed on January 1, 2025)
22		Sec. 20. Restrictions and limitations.
23		(a) Except as provided in Section 15, no person shall,
24		without a valid license as a genetic counselor issued by the
25		Department (i) in any manner hold himself or herself out to the

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1		public as a genetic counselor under this Act; (ii) use in
2		connection with his or her name or place of business the title
3		"genetic counselor", "licensed genetic counselor", "gene
4		counselor", "genetic consultant", or "genetic associate" or
5		any words, letters, abbreviations, or insignia indicating or
6		implying a person has met the qualifications for or has the
7		license issued under this Act; or (iii) offer to render or
8		render to individuals, corporations, or the public genetic
9		counseling services if the words "genetic counselor" or
10		"licensed genetic counselor" are used to describe the person
11		offering to render or rendering them, or "genetic counseling"
12		is used to describe the services rendered or offered to be
13		rendered.
14		(b) No licensed genetic counselor may provide genetic
15		counseling to individuals, couples, groups, or families
16		without a referral from a physician licensed to practice
17		medicine in all its branches, a licensed an advanced practice
18		nurse who has a collaborative agreement with a collaborating
19		physician that authorizes referrals to a genetic counselor, or
20		a licensed physician assistant who has been delegated authority
21		to make referrals to genetic counselors. The physician,
22		advanced practice nurse, or physician assistant shall maintain
23		supervision of the patient and be provided timely written
24		reports on the services, including genetic testing results,
25		provided by the licensed genetic counselor. Genetic testing
26		shall be ordered by a physician licensed to practice medicine

HB0421 Engrossed - 91 - LRB099 05828 HAF 25872 b
1		in all its branches or a genetic counselor pursuant to a
2		referral that gives the specific authority to order genetic
3		tests. Genetic test results and reports shall be provided to
4		the referring physician, advanced practice nurse, or physician
5		assistant. General seminars or talks to groups or organizations
6		on genetic counseling that do not include individual, couple,
7		or family specific counseling may be conducted without a
8		referral. In clinical settings, genetic counselors who serve as
9		a liaison between family members of a patient and a genetic
10		research project, may, with the consent of the patient, provide
11		information to family members for the purpose of gathering
12		additional information, as it relates to the patient, without a
13		referral. In non-clinical settings where no patient is being
14		treated, genetic counselors who serve as a liaison between a
15		genetic research project and participants in that genetic
16		research project may provide information to the participants,
17		without a referral.
18		(c) No association or partnership shall practice genetic
19		counseling unless every member, partner, and employee of the
20		association or partnership who practices genetic counseling or
21		who renders genetic counseling services holds a valid license
22		issued under this Act. No license shall be issued to a
23		corporation, the stated purpose of which includes or which
24		practices or which holds itself out as available to practice
25		genetic counseling, unless it is organized under the
26		Professional Service Corporation Act.

HB0421 Engrossed - 92 - LRB099 05828 HAF 25872 b
1		(d) Nothing in this Act shall be construed as permitting
2		persons licensed as genetic counselors to engage in any manner
3		in the practice of medicine in all its branches as defined by
4		law in this State.
5		(e) Nothing in this Act shall be construed to authorize a
6		licensed genetic counselor to diagnose, test (unless
7		authorized in a referral), or treat any genetic or other
8		disease or condition.
9		(f) When, in the course of providing genetic counseling
10		services to any person, a genetic counselor licensed under this
11		Act finds any indication of a disease or condition that in his
12		or her professional judgment requires professional service
13		outside the scope of practice as defined in this Act, he or she
14		shall refer that person to a physician licensed to practice
15		medicine in all of its branches.
16		(Source: P.A. 98-813, eff. 1-1-15.)
17		(225 ILCS 135/95)
18		(Section scheduled to be repealed on January 1, 2025)
19		Sec. 95. Grounds for discipline.
20		(a) The Department may refuse to issue, renew, or may
21		revoke, suspend, place on probation, reprimand, or take other
22		disciplinary or non-disciplinary action as the Department
23		deems appropriate, including the issuance of fines not to
24		exceed $10,000 for each violation, with regard to any license
25		for any one or more of the following:

HB0421 Engrossed - 93 - LRB099 05828 HAF 25872 b
1		(1) Material misstatement in furnishing information to
2		the Department or to any other State agency.
3		(2) Violations or negligent or intentional disregard
4		of this Act, or any of its rules.
5		(3) Conviction by plea of guilty or nolo contendere,
6		finding of guilt, jury verdict, or entry of judgment or
7		sentencing, including, but not limited to, convictions,
8		preceding sentences of supervision, conditional discharge,
9		or first offender probation, under the laws of any
10		jurisdiction of the United States: (i) that is a felony or
11		(ii) that is a misdemeanor, an essential element of which
12		is dishonesty, or that is directly related to the practice
13		of genetic counseling.
14		(4) Making any misrepresentation for the purpose of
15		obtaining a license, or violating any provision of this Act
16		or its rules.
17		(5) Negligence in the rendering of genetic counseling
18		services.
19		(6) Failure to provide genetic testing results and any
20		requested information to a referring physician licensed to
21		practice medicine in all its branches, advanced practice
22		nurse, or physician assistant.
23		(7) Aiding or assisting another person in violating any
24		provision of this Act or any rules.
25		(8) Failing to provide information within 60 days in
26		response to a written request made by the Department.

HB0421 Engrossed - 94 - LRB099 05828 HAF 25872 b
1		(9) Engaging in dishonorable, unethical, or
2		unprofessional conduct of a character likely to deceive,
3		defraud, or harm the public and violating the rules of
4		professional conduct adopted by the Department.
5		(10) Failing to maintain the confidentiality of any
6		information received from a client, unless otherwise
7		authorized or required by law.
8		(10.5) Failure to maintain client records of services
9		provided and provide copies to clients upon request.
10		(11) Exploiting a client for personal advantage,
11		profit, or interest.
12		(12) Habitual or excessive use or addiction to alcohol,
13		narcotics, stimulants, or any other chemical agent or drug
14		which results in inability to practice with reasonable
15		skill, judgment, or safety.
16		(13) Discipline by another governmental agency or unit
17		of government, by any jurisdiction of the United States, or
18		by a foreign nation, if at least one of the grounds for the
19		discipline is the same or substantially equivalent to those
20		set forth in this Section.
21		(14) Directly or indirectly giving to or receiving from
22		any person, firm, corporation, partnership, or association
23		any fee, commission, rebate, or other form of compensation
24		for any professional service not actually rendered.
25		Nothing in this paragraph (14) affects any bona fide
26		independent contractor or employment arrangements among

HB0421 Engrossed - 95 - LRB099 05828 HAF 25872 b
1		health care professionals, health facilities, health care
2		providers, or other entities, except as otherwise
3		prohibited by law. Any employment arrangements may include
4		provisions for compensation, health insurance, pension, or
5		other employment benefits for the provision of services
6		within the scope of the licensee's practice under this Act.
7		Nothing in this paragraph (14) shall be construed to
8		require an employment arrangement to receive professional
9		fees for services rendered.
10		(15) A finding by the Department that the licensee,
11		after having the license placed on probationary status has
12		violated the terms of probation.
13		(16) Failing to refer a client to other health care
14		professionals when the licensee is unable or unwilling to
15		adequately support or serve the client.
16		(17) Willfully filing false reports relating to a
17		licensee's practice, including but not limited to false
18		records filed with federal or State agencies or
19		departments.
20		(18) Willfully failing to report an instance of
21		suspected child abuse or neglect as required by the Abused
22		and Neglected Child Reporting Act.
23		(19) Being named as a perpetrator in an indicated
24		report by the Department of Children and Family Services
25		pursuant to the Abused and Neglected Child Reporting Act,
26		and upon proof by clear and convincing evidence that the

HB0421 Engrossed - 96 - LRB099 05828 HAF 25872 b
1		licensee has caused a child to be an abused child or
2		neglected child as defined in the Abused and Neglected
3		Child Reporting Act.
4		(20) Physical or mental disability, including
5		deterioration through the aging process or loss of
6		abilities and skills which results in the inability to
7		practice the profession with reasonable judgment, skill,
8		or safety.
9		(21) Solicitation of professional services by using
10		false or misleading advertising.
11		(22) Failure to file a return, or to pay the tax,
12		penalty of interest shown in a filed return, or to pay any
13		final assessment of tax, penalty or interest, as required
14		by any tax Act administered by the Illinois Department of
15		Revenue or any successor agency or the Internal Revenue
16		Service or any successor agency.
17		(23) Fraud or making any misrepresentation in applying
18		for or procuring a license under this Act or in connection
19		with applying for renewal of a license under this Act.
20		(24) Practicing or attempting to practice under a name
21		other than the full name as shown on the license or any
22		other legally authorized name.
23		(25) Gross overcharging for professional services,
24		including filing statements for collection of fees or
25		monies for which services are not rendered.
26		(26) Providing genetic counseling services to

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1		individuals, couples, groups, or families without a
2		referral from either a physician licensed to practice
3		medicine in all its branches, a licensed an advanced
4		practice nurse who has a collaborative agreement with a
5		collaborating physician that authorizes the advanced
6		practice nurse to make referrals to a genetic counselor, or
7		a licensed physician assistant who has been delegated
8		authority to make referrals to genetic counselors.
9		(27) Charging for professional services not rendered,
10		including filing false statements for the collection of
11		fees for which services are not rendered.
12		(28) Allowing one's license under this Act to be used
13		by an unlicensed person in violation of this Act.
14		(b) The Department shall deny, without hearing, any
15		application or renewal for a license under this Act to any
16		person who has defaulted on an educational loan guaranteed by
17		the Illinois State Assistance Commission; however, the
18		Department may issue a license or renewal if the person in
19		default has established a satisfactory repayment record as
20		determined by the Illinois Student Assistance Commission.
21		(c) The determination by a court that a licensee is subject
22		to involuntary admission or judicial admission as provided in
23		the Mental Health and Developmental Disabilities Code will
24		result in an automatic suspension of his or her license. The
25		suspension will end upon a finding by a court that the licensee
26		is no longer subject to involuntary admission or judicial

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1		admission, the issuance of an order so finding and discharging
2		the patient, and the determination of the Secretary that the
3		licensee be allowed to resume professional practice.
4		(d) The Department may refuse to issue or renew or may
5		suspend without hearing the license of any person who fails to
6		file a return, to pay the tax penalty or interest shown in a
7		filed return, or to pay any final assessment of the tax,
8		penalty, or interest as required by any Act regarding the
9		payment of taxes administered by the Illinois Department of
10		Revenue until the requirements of the Act are satisfied in
11		accordance with subsection (g) of Section 2105-15 of the Civil
12		Administrative Code of Illinois.
13		(e) In cases where the Department of Healthcare and Family
14		Services has previously determined that a licensee or a
15		potential licensee is more than 30 days delinquent in the
16		payment of child support and has subsequently certified the
17		delinquency to the Department, the Department may refuse to
18		issue or renew or may revoke or suspend that person's license
19		or may take other disciplinary action against that person based
20		solely upon the certification of delinquency made by the
21		Department of Healthcare and Family Services in accordance with
22		item (5) of subsection (a) of Section 2105-15 of the Department
23		of Professional Regulation Law of the Civil Administrative Code
24		of Illinois.
25		(f) All fines or costs imposed under this Section shall be
26		paid within 60 days after the effective date of the order

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1		imposing the fine or costs or in accordance with the terms set
2		forth in the order imposing the fine.
3		(Source: P.A. 97-813, eff. 7-13-12; 98-813, eff. 1-1-15.)
4		Section 63. The Illinois Public Aid Code is amended by
5		changing Section 5-8 as follows:
6		(305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
7		Sec. 5-8. Practitioners. In supplying medical assistance,
8		the Illinois Department may provide for the legally authorized
9		services of (i) persons licensed under the Medical Practice Act
10		of 1987, as amended, except as hereafter in this Section
11		stated, whether under a general or limited license, (ii)
12		persons licensed under the Nurse Practice Act as advanced
13		practice nurses, regardless of whether or not the persons have
14		written collaborative agreements, (iii) persons licensed or
15		registered under other laws of this State to provide dental,
16		medical, pharmaceutical, optometric, podiatric, or nursing
17		services, or other remedial care recognized under State law,
18		and (iv) (iii) persons licensed under other laws of this State
19		as a clinical social worker. The Department may not provide for
20		legally authorized services of any physician who has been
21		convicted of having performed an abortion procedure in a wilful
22		and wanton manner on a woman who was not pregnant at the time
23		such abortion procedure was performed. The utilization of the
24		services of persons engaged in the treatment or care of the

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1		sick, which persons are not required to be licensed or
2		registered under the laws of this State, is not prohibited by
3		this Section.
4		(Source: P.A. 95-518, eff. 8-28-07.)
5		Section 65. The Perinatal Mental Health Disorders
6		Prevention and Treatment Act is amended by changing Section 10
7		as follows:
8		(405 ILCS 95/10)
9		Sec. 10. Definitions. In this Act:
10		"Hospital" has the meaning given to that term in the
11		Hospital Licensing Act.
12		"Licensed health care professional" means a physician
13		licensed to practice medicine in all its branches, a licensed
14		an advanced practice nurse who has a collaborative agreement
15		with a collaborating physician that authorizes care, or a
16		licensed physician physician's assistant who has been
17		delegated authority to provide care.
18		"Postnatal care" means an office visit to a licensed health
19		care professional occurring after birth, with reference to the
20		infant or mother.
21		"Prenatal care" means an office visit to a licensed health
22		care professional for pregnancy-related care occurring before
23		birth.
24		"Questionnaire" means an assessment tool administered by a

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1		licensed health care professional to detect perinatal mental
2		health disorders, such as the Edinburgh Postnatal Depression
3		Scale, the Postpartum Depression Screening Scale, the Beck
4		Depression Inventory, the Patient Health Questionnaire, or
5		other validated assessment methods.
6		(Source: P.A. 95-469, eff. 1-1-08.)
7		Section 70. The Lead Poisoning Prevention Act is amended by
8		changing Section 6.2 as follows:
9		(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
10		Sec. 6.2. Testing children and pregnant persons.
11		(a) Any physician licensed to practice medicine in all its
12		branches or health care provider who sees or treats children 6
13		years of age or younger shall test those children for lead
14		poisoning when those children reside in an area defined as high
15		risk by the Department. Children residing in areas defined as
16		low risk by the Department shall be evaluated for risk by the
17		Childhood Lead Risk Questionnaire developed by the Department
18		and tested if indicated. Children shall be evaluated in
19		accordance with rules adopted by the Department.
20		(b) Each licensed, registered, or approved health care
21		facility serving children 6 years of age or younger, including,
22		but not limited to, health departments, hospitals, clinics, and
23		health maintenance organizations approved, registered, or
24		licensed by the Department, shall take the appropriate steps to

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1		ensure that children 6 years of age or younger be evaluated for
2		risk or tested for lead poisoning or both.
3		(c) Children 7 years and older and pregnant persons may
4		also be tested by physicians or health care providers, in
5		accordance with rules adopted by the Department. Physicians and
6		health care providers shall also evaluate children for lead
7		poisoning in conjunction with the school health examination, as
8		required under the School Code, when, in the medical judgment
9		judgement of the physician, advanced practice nurse who has a
10		written collaborative agreement with a collaborating physician
11		that authorizes the advance practice nurse to perform health
12		examinations, or physician assistant who has been delegated to
13		perform health examinations by the supervising physician, the
14		child is potentially at high risk of lead poisoning.
15		(d) (Blank).
16		(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
17		Section 75. The Sexual Assault Survivors Emergency
18		Treatment Act is amended by changing Sections 2.2, 5, and 5.5
19		as follows:
20		(410 ILCS 70/2.2)
21		Sec. 2.2. Emergency contraception.
22		(a) The General Assembly finds:
23		(1) Crimes of sexual assault and sexual abuse cause
24		significant physical, emotional, and psychological trauma

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1		to the victims. This trauma is compounded by a victim's
2		fear of becoming pregnant and bearing a child as a result
3		of the sexual assault.
4		(2) Each year over 32,000 women become pregnant in the
5		United States as the result of rape and approximately 50%
6		of these pregnancies end in abortion.
7		(3) As approved for use by the Federal Food and Drug
8		Administration (FDA), emergency contraception can
9		significantly reduce the risk of pregnancy if taken within
10		72 hours after the sexual assault.
11		(4) By providing emergency contraception to rape
12		victims in a timely manner, the trauma of rape can be
13		significantly reduced.
14		(b) Within 120 days after the effective date of this
15		amendatory Act of the 92nd General Assembly, every hospital
16		providing services to sexual assault survivors in accordance
17		with a plan approved under Section 2 must develop a protocol
18		that ensures that each survivor of sexual assault will receive
19		medically and factually accurate and written and oral
20		information about emergency contraception; the indications and
21		counter-indications and risks associated with the use of
22		emergency contraception; and a description of how and when
23		victims may be provided emergency contraception upon the
24		written order of a physician licensed to practice medicine in
25		all its branches, a licensed an advanced practice nurse who has
26		a written collaborative agreement with a collaborating

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1		physician that authorizes prescription of emergency
2		contraception, or a licensed physician assistant who has been
3		delegated authority to prescribe emergency contraception. The
4		Department shall approve the protocol if it finds that the
5		implementation of the protocol would provide sufficient
6		protection for survivors of sexual assault.
7		The hospital shall implement the protocol upon approval by
8		the Department. The Department shall adopt rules and
9		regulations establishing one or more safe harbor protocols and
10		setting minimum acceptable protocol standards that hospitals
11		may develop and implement. The Department shall approve any
12		protocol that meets those standards. The Department may provide
13		a sample acceptable protocol upon request.
14		(Source: P.A. 95-432, eff. 1-1-08.)
15		(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
16		Sec. 5. Minimum requirements for hospitals providing
17		hospital emergency services and forensic services to sexual
18		assault survivors.
19		(a) Every hospital providing hospital emergency services
20		and forensic services to sexual assault survivors under this
21		Act shall, as minimum requirements for such services, provide,
22		with the consent of the sexual assault survivor, and as ordered
23		by the attending physician, an advanced practice nurse who has
24		a written collaborative agreement with a collaborating
25		physician that authorizes provision of emergency services, or a

HB0421 Engrossed - 105 - LRB099 05828 HAF 25872 b
1		physician assistant who has been delegated authority to provide
2		hospital emergency services and forensic services, the
3		following:
4		(1) appropriate medical examinations and laboratory
5		tests required to ensure the health, safety, and welfare of
6		a sexual assault survivor or which may be used as evidence
7		in a criminal proceeding against a person accused of the
8		sexual assault, or both; and records of the results of such
9		examinations and tests shall be maintained by the hospital
10		and made available to law enforcement officials upon the
11		request of the sexual assault survivor;
12		(2) appropriate oral and written information
13		concerning the possibility of infection, sexually
14		transmitted disease and pregnancy resulting from sexual
15		assault;
16		(3) appropriate oral and written information
17		concerning accepted medical procedures, medication, and
18		possible contraindications of such medication available
19		for the prevention or treatment of infection or disease
20		resulting from sexual assault;
21		(4) an amount of medication for treatment at the
22		hospital and after discharge as is deemed appropriate by
23		the attending physician, an advanced practice nurse, or a
24		physician assistant and consistent with the hospital's
25		current approved protocol for sexual assault survivors;
26		(5) an evaluation of the sexual assault survivor's risk

HB0421 Engrossed - 106 - LRB099 05828 HAF 25872 b
1		of contracting human immunodeficiency virus (HIV) from the
2		sexual assault;
3		(6) written and oral instructions indicating the need
4		for follow-up examinations and laboratory tests after the
5		sexual assault to determine the presence or absence of
6		sexually transmitted disease;
7		(7) referral by hospital personnel for appropriate
8		counseling; and
9		(8) when HIV prophylaxis is deemed appropriate, an
10		initial dose or doses of HIV prophylaxis, along with
11		written and oral instructions indicating the importance of
12		timely follow-up healthcare.
13		(b) Any person who is a sexual assault survivor who seeks
14		emergency hospital services and forensic services or follow-up
15		healthcare under this Act shall be provided such services
16		without the consent of any parent, guardian, custodian,
17		surrogate, or agent.
18		(c) Nothing in this Section creates a physician-patient
19		relationship that extends beyond discharge from the hospital
20		emergency department.
21		(Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
22		(410 ILCS 70/5.5)
23		Sec. 5.5. Minimum reimbursement requirements for follow-up
24		healthcare.
25		(a) Every hospital, health care professional, laboratory,

HB0421 Engrossed - 107 - LRB099 05828 HAF 25872 b
1		or pharmacy that provides follow-up healthcare to a sexual
2		assault survivor, with the consent of the sexual assault
3		survivor and as ordered by the attending physician, an advanced
4		practice nurse who has a written collaborative agreement with a
5		collaborating physician, or physician assistant who has been
6		delegated authority by a supervising physician shall be
7		reimbursed for the follow-up healthcare services provided.
8		Follow-up healthcare services include, but are not limited to,
9		the following:
10		(1) a physical examination;
11		(2) laboratory tests to determine the presence or
12		absence of sexually transmitted disease; and
13		(3) appropriate medications, including HIV
14		prophylaxis.
15		(b) Reimbursable follow-up healthcare is limited to office
16		visits with a physician, advanced practice nurse, or physician
17		assistant within 90 days after an initial visit for hospital
18		emergency services.
19		(c) Nothing in this Section requires a hospital, health
20		care professional, laboratory, or pharmacy to provide
21		follow-up healthcare to a sexual assault survivor.
22		(Source: P.A. 95-432, eff. 1-1-08.)
23		Section 80. The Consent by Minors to Medical Procedures Act
24		is amended by changing Sections 1, 1.5, 2, and 3 as follows:

HB0421 Engrossed - 108 - LRB099 05828 HAF 25872 b
1		(410 ILCS 210/1) (from Ch. 111, par. 4501)
2		Sec. 1. Consent by minor. The consent to the performance of
3		a medical or surgical procedure by a physician licensed to
4		practice medicine and surgery, a licensed an advanced practice
5		nurse who has a written collaborative agreement with a
6		collaborating physician that authorizes provision of services
7		for minors, or a licensed physician assistant who has been
8		delegated authority to provide services for minors executed by
9		a married person who is a minor, by a parent who is a minor, by
10		a pregnant woman who is a minor, or by any person 18 years of
11		age or older, is not voidable because of such minority, and,
12		for such purpose, a married person who is a minor, a parent who
13		is a minor, a pregnant woman who is a minor, or any person 18
14		years of age or older, is deemed to have the same legal
15		capacity to act and has the same powers and obligations as has
16		a person of legal age.
17		(Source: P.A. 93-962, eff. 8-20-04.)
18		(410 ILCS 210/1.5)
19		Sec. 1.5. Consent by minor seeking care for primary care
20		services.
21		(a) The consent to the performance of primary care services
22		by a physician licensed to practice medicine in all its
23		branches, a licensed an advanced practice nurse who has a
24		written collaborative agreement with a collaborating physician
25		that authorizes provision of services for minors, or a licensed

HB0421 Engrossed - 109 - LRB099 05828 HAF 25872 b
1		physician assistant who has been delegated authority to provide
2		services for minors executed by a minor seeking care is not
3		voidable because of such minority, and for such purpose, a
4		minor seeking care is deemed to have the same legal capacity to
5		act and has the same powers and obligations as has a person of
6		legal age under the following circumstances:
7		(1) the health care professional reasonably believes
8		that the minor seeking care understands the benefits and
9		risks of any proposed primary care or services; and
10		(2) the minor seeking care is identified in writing as
11		a minor seeking care by:
12		(A) an adult relative;
13		(B) a representative of a homeless service agency
14		that receives federal, State, county, or municipal
15		funding to provide those services or that is otherwise
16		sanctioned by a local continuum of care;
17		(C) an attorney licensed to practice law in this
18		State;
19		(D) a public school homeless liaison or school
20		social worker;
21		(E) a social service agency providing services to
22		at risk, homeless, or runaway youth; or
23		(F) a representative of a religious organization.
24		(b) A health care professional rendering primary care
25		services under this Section shall not incur civil or criminal
26		liability for failure to obtain valid consent or professional

HB0421 Engrossed - 110 - LRB099 05828 HAF 25872 b
1		discipline for failure to obtain valid consent if he or she
2		relied in good faith on the representations made by the minor
3		or the information provided under paragraph (2) of subsection
4		(a) of this Section. Under such circumstances, good faith shall
5		be presumed.
6		(c) The confidential nature of any communication between a
7		health care professional described in Section 1 of this Act and
8		a minor seeking care is not waived (1) by the presence, at the
9		time of communication, of any additional persons present at the
10		request of the minor seeking care, (2) by the health care
11		professional's disclosure of confidential information to the
12		additional person with the consent of the minor seeking care,
13		when reasonably necessary to accomplish the purpose for which
14		the additional person is consulted, or (3) by the health care
15		professional billing a health benefit insurance or plan under
16		which the minor seeking care is insured, is enrolled, or has
17		coverage for the services provided.
18		(d) Nothing in this Section shall be construed to limit or
19		expand a minor's existing powers and obligations under any
20		federal, State, or local law. Nothing in this Section shall be
21		construed to affect the Parental Notice of Abortion Act of
22		1995. Nothing in this Section affects the right or authority of
23		a parent or legal guardian to verbally, in writing, or
24		otherwise authorize health care services to be provided for a
25		minor in their absence.
26		(e) For the purposes of this Section:

HB0421 Engrossed - 111 - LRB099 05828 HAF 25872 b
1		"Minor seeking care" means a person at least 14 years
2		of age but less than 18 years of age who is living separate
3		and apart from his or her parents or legal guardian,
4		whether with or without the consent of a parent or legal
5		guardian who is unable or unwilling to return to the
6		residence of a parent, and managing his or her own personal
7		affairs. "Minor seeking care" does not include minors who
8		are under the protective custody, temporary custody, or
9		guardianship of the Department of Children and Family
10		Services.
11		"Primary care services" means health care services
12		that include screening, counseling, immunizations,
13		medication, and treatment of illness and conditions
14		customarily provided by licensed health care professionals
15		in an out-patient setting. "Primary care services" does not
16		include invasive care, beyond standard injections,
17		laceration care, or non-surgical fracture care.
18		(Source: P.A. 98-671, eff. 10-1-14.)
19		(410 ILCS 210/2) (from Ch. 111, par. 4502)
20		Sec. 2. Any parent, including a parent who is a minor, may
21		consent to the performance upon his or her child of a medical
22		or surgical procedure by a physician licensed to practice
23		medicine and surgery, a licensed an advanced practice nurse who
24		has a written collaborative agreement with a collaborating
25		physician that authorizes provision of services for minors, or

HB0421 Engrossed - 112 - LRB099 05828 HAF 25872 b
1		a licensed physician assistant who has been delegated authority
2		to provide services for minors or a dental procedure by a
3		licensed dentist. The consent of a parent who is a minor shall
4		not be voidable because of such minority, but, for such
5		purpose, a parent who is a minor shall be deemed to have the
6		same legal capacity to act and shall have the same powers and
7		obligations as has a person of legal age.
8		(Source: P.A. 93-962, eff. 8-20-04.)
9		(410 ILCS 210/3) (from Ch. 111, par. 4503)
10		Sec. 3. (a) Where a hospital, a physician licensed to
11		practice medicine or surgery, a licensed an advanced practice
12		nurse who has a written collaborative agreement with a
13		collaborating physician that authorizes provision of services
14		for minors, or a licensed physician assistant who has been
15		delegated authority to provide services for minors renders
16		emergency treatment or first aid or a licensed dentist renders
17		emergency dental treatment to a minor, consent of the minor's
18		parent or legal guardian need not be obtained if, in the sole
19		opinion of the physician, advanced practice nurse, physician
20		assistant, dentist, or hospital, the obtaining of consent is
21		not reasonably feasible under the circumstances without
22		adversely affecting the condition of such minor's health.
23		(b) Where a minor is the victim of a predatory criminal
24		sexual assault of a child, aggravated criminal sexual assault,
25		criminal sexual assault, aggravated criminal sexual abuse or

HB0421 Engrossed - 113 - LRB099 05828 HAF 25872 b
1		criminal sexual abuse, as provided in Sections 11-1.20 through
2		11-1.60 of the Criminal Code of 2012, the consent of the
3		minor's parent or legal guardian need not be obtained to
4		authorize a hospital, physician, advanced practice nurse,
5		physician assistant, or other medical personnel to furnish
6		medical care or counseling related to the diagnosis or
7		treatment of any disease or injury arising from such offense.
8		The minor may consent to such counseling, diagnosis or
9		treatment as if the minor had reached his or her age of
10		majority. Such consent shall not be voidable, nor subject to
11		later disaffirmance, because of minority.
12		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
13		Section 85. The Prenatal and Newborn Care Act is amended by
14		changing Section 2 as follows:
15		(410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
16		Sec. 2. Definitions. As used in this Act, unless the
17		context otherwise requires:
18		"Advanced practice nurse" or "APN" means an advanced
19		practice nurse licensed under the Nurse Practice Act who has a
20		written collaborative agreement with a collaborating physician
21		that authorizes the provision of prenatal and newborn care.
22		"Department" means the Illinois Department of Human
23		Services.
24		"Early and Periodic Screening, Diagnosis and Treatment

HB0421 Engrossed - 114 - LRB099 05828 HAF 25872 b
1		(EPSDT)" means the provision of preventative health care under
2		42 C.F.R. 441.50 et seq., including medical and dental
3		services, needed to assess growth and development and detect
4		and treat health problems.
5		"Hospital" means a hospital as defined under the Hospital
6		Licensing Act.
7		"Local health authority" means the full-time official
8		health department or board of health, as recognized by the
9		Illinois Department of Public Health, having jurisdiction over
10		a particular area.
11		"Nurse" means a nurse licensed under the Nurse Practice
12		Act.
13		"Physician" means a physician licensed to practice
14		medicine in all of its branches.
15		"Physician assistant" means a physician assistant licensed
16		under the Physician Assistant Practice Act of 1987 who has been
17		delegated authority to provide prenatal and newborn care.
18		"Postnatal visit" means a visit occurring after birth, with
19		reference to the newborn.
20		"Prenatal visit" means a visit occurring before birth.
21		"Program" means the Prenatal and Newborn Care Program
22		established pursuant to this Act.
23		(Source: P.A. 95-639, eff. 10-5-07.)
24		Section 90. The AIDS Confidentiality Act is amended by
25		changing Section 3 as follows:

HB0421 Engrossed - 115 - LRB099 05828 HAF 25872 b
1		(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
2		Sec. 3. When used in this Act:
3		(a) "AIDS" means acquired immunodeficiency syndrome.
4		(b) "Authority" means the Illinois Health Information
5		Exchange Authority established pursuant to the Illinois Health
6		Information Exchange and Technology Act.
7		(c) "Business associate" has the meaning ascribed to it
8		under HIPAA, as specified in 45 CFR 160.103.
9		(d) "Covered entity" has the meaning ascribed to it under
10		HIPAA, as specified in 45 CFR 160.103.
11		(e) "De-identified information" means health information
12		that is not individually identifiable as described under HIPAA,
13		as specified in 45 CFR 164.514(b).
14		(f) "Department" means the Illinois Department of Public
15		Health or its designated agents.
16		(g) "Disclosure" has the meaning ascribed to it under
17		HIPAA, as specified in 45 CFR 160.103.
18		(h) "Health care operations" has the meaning ascribed to it
19		under HIPAA, as specified in 45 CFR 164.501.
20		(i) "Health care professional" means (i) a licensed
21		physician, (ii) a licensed physician assistant to whom the
22		physician assistant's supervising physician has delegated the
23		provision of AIDS and HIV-related health services, (iii) a
24		licensed an advanced practice registered nurse who has a
25		written collaborative agreement with a collaborating physician

HB0421 Engrossed - 116 - LRB099 05828 HAF 25872 b
1		which authorizes the provision of AIDS and HIV-related health
2		services, (iv) a licensed dentist, (v) a licensed podiatric
3		physician, or (vi) an individual certified to provide HIV
4		testing and counseling by a state or local public health
5		department.
6		(j) "Health care provider" has the meaning ascribed to it
7		under HIPAA, as specified in 45 CFR 160.103.
8		(k) "Health facility" means a hospital, nursing home, blood
9		bank, blood center, sperm bank, or other health care
10		institution, including any "health facility" as that term is
11		defined in the Illinois Finance Authority Act.
12		(l) "Health information exchange" or "HIE" means a health
13		information exchange or health information organization that
14		oversees and governs the electronic exchange of health
15		information that (i) is established pursuant to the Illinois
16		Health Information Exchange and Technology Act, or any
17		subsequent amendments thereto, and any administrative rules
18		adopted thereunder; (ii) has established a data sharing
19		arrangement with the Authority; or (iii) as of August 16, 2013,
20		was designated by the Authority Board as a member of, or was
21		represented on, the Authority Board's Regional Health
22		Information Exchange Workgroup; provided that such designation
23		shall not require the establishment of a data sharing
24		arrangement or other participation with the Illinois Health
25		Information Exchange or the payment of any fee. In certain
26		circumstances, in accordance with HIPAA, an HIE will be a

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1		business associate.
2		(m) "Health oversight agency" has the meaning ascribed to
3		it under HIPAA, as specified in 45 CFR 164.501.
4		(n) "HIPAA" means the Health Insurance Portability and
5		Accountability Act of 1996, Public Law 104-191, as amended by
6		the Health Information Technology for Economic and Clinical
7		Health Act of 2009, Public Law 111-05, and any subsequent
8		amendments thereto and any regulations promulgated thereunder.
9		(o) "HIV" means the human immunodeficiency virus.
10		(p) "HIV-related information" means the identity of a
11		person upon whom an HIV test is performed, the results of an
12		HIV test, as well as diagnosis, treatment, and prescription
13		information that reveals a patient is HIV-positive, including
14		such information contained in a limited data set. "HIV-related
15		information" does not include information that has been
16		de-identified in accordance with HIPAA.
17		(q) "Informed consent" means a written or verbal agreement
18		by the subject of a test or the subject's legally authorized
19		representative without undue inducement or any element of
20		force, fraud, deceit, duress, or other form of constraint or
21		coercion, which entails at least the following pre-test
22		information:
23		(1) a fair explanation of the test, including its
24		purpose, potential uses, limitations, and the meaning of
25		its results;
26		(2) a fair explanation of the procedures to be

HB0421 Engrossed - 118 - LRB099 05828 HAF 25872 b
1		followed, including the voluntary nature of the test, the
2		right to withdraw consent to the testing process at any
3		time, the right to anonymity to the extent provided by law
4		with respect to participation in the test and disclosure of
5		test results, and the right to confidential treatment of
6		information identifying the subject of the test and the
7		results of the test, to the extent provided by law; and
8		(3) where the person providing informed consent is a
9		participant in an HIE, a fair explanation that the results
10		of the patient's HIV test will be accessible through an HIE
11		and meaningful disclosure of the patient's opt-out right
12		under Section 9.6 of this Act.
13		Pre-test information may be provided in writing, verbally,
14		or by video, electronic, or other means. The subject must be
15		offered an opportunity to ask questions about the HIV test and
16		decline testing. Nothing in this Act shall prohibit a health
17		care provider or health care professional from combining a form
18		used to obtain informed consent for HIV testing with forms used
19		to obtain written consent for general medical care or any other
20		medical test or procedure provided that the forms make it clear
21		that the subject may consent to general medical care, tests, or
22		medical procedures without being required to consent to HIV
23		testing and clearly explain how the subject may opt out of HIV
24		testing.
25		(r) "Limited data set" has the meaning ascribed to it under
26		HIPAA, as described in 45 CFR 164.514(e)(2).

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1		(s) "Minimum necessary" means the HIPAA standard for using,
2		disclosing, and requesting protected health information found
3		in 45 CFR 164.502(b) and 164.514(d).
4		(t) "Organized health care arrangement" has the meaning
5		ascribed to it under HIPAA, as specified in 45 CFR 160.103.
6		(u) "Patient safety activities" has the meaning ascribed to
7		it under 42 CFR 3.20.
8		(v) "Payment" has the meaning ascribed to it under HIPAA,
9		as specified in 45 CFR 164.501.
10		(w) "Person" includes any natural person, partnership,
11		association, joint venture, trust, governmental entity, public
12		or private corporation, health facility, or other legal entity.
13		(x) "Protected health information" has the meaning
14		ascribed to it under HIPAA, as specified in 45 CFR 160.103.
15		(y) "Research" has the meaning ascribed to it under HIPAA,
16		as specified in 45 CFR 164.501.
17		(z) "State agency" means an instrumentality of the State of
18		Illinois and any instrumentality of another state that,
19		pursuant to applicable law or a written undertaking with an
20		instrumentality of the State of Illinois, is bound to protect
21		the privacy of HIV-related information of Illinois persons.
22		(aa) "Test" or "HIV test" means a test to determine the
23		presence of the antibody or antigen to HIV, or of HIV
24		infection.
25		(bb) "Treatment" has the meaning ascribed to it under
26		HIPAA, as specified in 45 CFR 164.501.

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1		(cc) "Use" has the meaning ascribed to it under HIPAA, as
2		specified in 45 CFR 160.103, where context dictates.
3		(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15.)
4		Section 95. The Illinois Sexually Transmissible Disease
5		Control Act is amended by changing Sections 3 and 4 as follows:
6		(410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)
7		Sec. 3. Definitions. As used in this Act, unless the
8		context clearly requires otherwise:
9		(1) "Department" means the Department of Public Health.
10		(2) "Local health authority" means the full-time official
11		health department of board of health, as recognized by the
12		Department, having jurisdiction over a particular area.
13		(3) "Sexually transmissible disease" means a bacterial,
14		viral, fungal or parasitic disease, determined by rule of the
15		Department to be sexually transmissible, to be a threat to the
16		public health and welfare, and to be a disease for which a
17		legitimate public interest will be served by providing for
18		regulation and treatment. In considering which diseases are to
19		be designated sexually transmissible diseases, the Department
20		shall consider such diseases as chancroid, gonorrhea,
21		granuloma inguinale, lymphogranuloma venereum, genital herpes
22		simplex, chlamydia, nongonococcal urethritis (NGU), pelvic
23		inflammatory disease (PID)/Acute Salpingitis, syphilis,
24		Acquired Immunodeficiency Syndrome (AIDS), and Human

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1		Immunodeficiency Virus (HIV) for designation, and shall
2		consider the recommendations and classifications of the
3		Centers for Disease Control and other nationally recognized
4		medical authorities. Not all diseases that are sexually
5		transmissible need be designated for purposes of this Act.
6		(4) "Health care professional" means a physician licensed
7		to practice medicine in all its branches, a licensed physician
8		assistant who has been delegated the provision of sexually
9		transmissible disease therapy services or expedited partner
10		therapy services by his or her supervising physician, or a
11		licensed an advanced practice nurse who has a written
12		collaborative agreement with a collaborating physician that
13		authorizes the provision of sexually transmissible disease
14		therapy services or expedited partner therapy services, or an
15		advanced practice nurse who practices in a hospital or
16		ambulatory surgical treatment center and possesses appropriate
17		clinical privileges in accordance with the Nurse Practice Act.
18		(5) "Expedited partner therapy" means to prescribe,
19		dispense, furnish, or otherwise provide prescription
20		antibiotic drugs to the partner or partners of persons
21		clinically diagnosed as infected with a sexually transmissible
22		disease, without physical examination of the partner or
23		partners.
24		(Source: P.A. 96-613, eff. 1-1-10.)
25		(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)

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1		Sec. 4. Reporting required.
2		(a) A physician licensed under the provisions of the
3		Medical Practice Act of 1987, an advanced practice nurse
4		licensed under the provisions of the Nurse Practice Act who has
5		a written collaborative agreement with a collaborating
6		physician that authorizes the provision of services for a
7		sexually transmissible disease, or a physician assistant
8		licensed under the provisions of the Physician Assistant
9		Practice Act of 1987 who has been delegated authority to
10		provide services for a sexually transmissible disease who makes
11		a diagnosis of or treats a person with a sexually transmissible
12		disease and each laboratory that performs a test for a sexually
13		transmissible disease which concludes with a positive result
14		shall report such facts as may be required by the Department by
15		rule, within such time period as the Department may require by
16		rule, but in no case to exceed 2 weeks.
17		(b) The Department shall adopt rules specifying the
18		information required in reporting a sexually transmissible
19		disease, the method of reporting and specifying a minimum time
20		period for reporting. In adopting such rules, the Department
21		shall consider the need for information, protections for the
22		privacy and confidentiality of the patient, and the practical
23		abilities of persons and laboratories to report in a reasonable
24		fashion.
25		(c) Any person who knowingly or maliciously disseminates
26		any false information or report concerning the existence of any

HB0421 Engrossed - 123 - LRB099 05828 HAF 25872 b
1		sexually transmissible disease under this Section is guilty of
2		a Class A misdemeanor.
3		(d) Any person who violates the provisions of this Section
4		or the rules adopted hereunder may be fined by the Department
5		up to $500 for each violation. The Department shall report each
6		violation of this Section to the regulatory agency responsible
7		for licensing a health care professional or a laboratory to
8		which these provisions apply.
9		(Source: P.A. 95-639, eff. 10-5-07.)
10		Section 100. The Perinatal HIV Prevention Act is amended by
11		changing Section 5 as follows:
12		(410 ILCS 335/5)
13		Sec. 5. Definitions. In this Act:
14		"Department" means the Department of Public Health.
15		"Health care professional" means a physician licensed to
16		practice medicine in all its branches, a licensed physician
17		assistant who has been delegated the provision of health
18		services by his or her supervising physician, or a licensed an
19		advanced practice registered nurse who has a written
20		collaborative agreement with a collaborating physician that
21		authorizes the provision of health services.
22		"Health care facility" or "facility" means any hospital or
23		other institution that is licensed or otherwise authorized to
24		deliver health care services.

HB0421 Engrossed - 124 - LRB099 05828 HAF 25872 b
1		"Health care services" means any prenatal medical care or
2		labor or delivery services to a pregnant woman and her newborn
3		infant, including hospitalization.
4		(Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
5		Section 105. The Genetic Information Privacy Act is amended
6		by changing Section 10 as follows:
7		(410 ILCS 513/10)
8		Sec. 10. Definitions. As used in this Act:
9		"Authority" means the Illinois Health Information Exchange
10		Authority established pursuant to the Illinois Health
11		Information Exchange and Technology Act.
12		"Business associate" has the meaning ascribed to it under
13		HIPAA, as specified in 45 CFR 160.103.
14		"Covered entity" has the meaning ascribed to it under
15		HIPAA, as specified in 45 CFR 160.103.
16		"De-identified information" means health information that
17		is not individually identifiable as described under HIPAA, as
18		specified in 45 CFR 164.514(b).
19		"Disclosure" has the meaning ascribed to it under HIPAA, as
20		specified in 45 CFR 160.103.
21		"Employer" means the State of Illinois, any unit of local
22		government, and any board, commission, department,
23		institution, or school district, any party to a public
24		contract, any joint apprenticeship or training committee

HB0421 Engrossed - 125 - LRB099 05828 HAF 25872 b
1		within the State, and every other person employing employees
2		within the State.
3		"Employment agency" means both public and private
4		employment agencies and any person, labor organization, or
5		labor union having a hiring hall or hiring office regularly
6		undertaking, with or without compensation, to procure
7		opportunities to work, or to procure, recruit, refer, or place
8		employees.
9		"Family member" means, with respect to an individual, (i)
10		the spouse of the individual; (ii) a dependent child of the
11		individual, including a child who is born to or placed for
12		adoption with the individual; (iii) any other person qualifying
13		as a covered dependent under a managed care plan; and (iv) all
14		other individuals related by blood or law to the individual or
15		the spouse or child described in subsections (i) through (iii)
16		of this definition.
17		"Genetic information" has the meaning ascribed to it under
18		HIPAA, as specified in 45 CFR 160.103.
19		"Genetic monitoring" means the periodic examination of
20		employees to evaluate acquired modifications to their genetic
21		material, such as chromosomal damage or evidence of increased
22		occurrence of mutations that may have developed in the course
23		of employment due to exposure to toxic substances in the
24		workplace in order to identify, evaluate, and respond to
25		effects of or control adverse environmental exposures in the
26		workplace.

HB0421 Engrossed - 126 - LRB099 05828 HAF 25872 b
1		"Genetic services" has the meaning ascribed to it under
2		HIPAA, as specified in 45 CFR 160.103.
3		"Genetic testing" and "genetic test" have the meaning
4		ascribed to "genetic test" under HIPAA, as specified in 45 CFR
5		160.103.
6		"Health care operations" has the meaning ascribed to it
7		under HIPAA, as specified in 45 CFR 164.501.
8		"Health care professional" means (i) a licensed physician,
9		(ii) a licensed physician assistant to whom the physician
10		assistant's supervising physician has delegated the provision
11		of genetic testing or genetic counseling-related services,
12		(iii) a licensed an advanced practice registered nurse who has
13		a written collaborative agreement with a collaborating
14		physician which authorizes the provision of genetic testing or
15		genetic counseling-related health services, (iv) a licensed
16		dentist, (v) a licensed podiatrist, (vi) a licensed genetic
17		counselor, or (vii) an individual certified to provide genetic
18		testing by a state or local public health department.
19		"Health care provider" has the meaning ascribed to it under
20		HIPAA, as specified in 45 CFR 160.103.
21		"Health facility" means a hospital, blood bank, blood
22		center, sperm bank, or other health care institution, including
23		any "health facility" as that term is defined in the Illinois
24		Finance Authority Act.
25		"Health information exchange" or "HIE" means a health
26		information exchange or health information organization that

HB0421 Engrossed - 127 - LRB099 05828 HAF 25872 b
1		exchanges health information electronically that (i) is
2		established pursuant to the Illinois Health Information
3		Exchange and Technology Act, or any subsequent amendments
4		thereto, and any administrative rules promulgated thereunder;
5		(ii) has established a data sharing arrangement with the
6		Authority; or (iii) as of August 16, 2013, was designated by
7		the Authority Board as a member of, or was represented on, the
8		Authority Board's Regional Health Information Exchange
9		Workgroup; provided that such designation shall not require the
10		establishment of a data sharing arrangement or other
11		participation with the Illinois Health Information Exchange or
12		the payment of any fee. In certain circumstances, in accordance
13		with HIPAA, an HIE will be a business associate.
14		"Health oversight agency" has the meaning ascribed to it
15		under HIPAA, as specified in 45 CFR 164.501.
16		"HIPAA" means the Health Insurance Portability and
17		Accountability Act of 1996, Public Law 104-191, as amended by
18		the Health Information Technology for Economic and Clinical
19		Health Act of 2009, Public Law 111-05, and any subsequent
20		amendments thereto and any regulations promulgated thereunder.
21		"Insurer" means (i) an entity that is subject to the
22		jurisdiction of the Director of Insurance and (ii) a managed
23		care plan.
24		"Labor organization" includes any organization, labor
25		union, craft union, or any voluntary unincorporated
26		association designed to further the cause of the rights of

HB0421 Engrossed - 128 - LRB099 05828 HAF 25872 b
1		union labor that is constituted for the purpose, in whole or in
2		part, of collective bargaining or of dealing with employers
3		concerning grievances, terms or conditions of employment, or
4		apprenticeships or applications for apprenticeships, or of
5		other mutual aid or protection in connection with employment,
6		including apprenticeships or applications for apprenticeships.
7		"Licensing agency" means a board, commission, committee,
8		council, department, or officers, except a judicial officer, in
9		this State or any political subdivision authorized to grant,
10		deny, renew, revoke, suspend, annul, withdraw, or amend a
11		license or certificate of registration.
12		"Limited data set" has the meaning ascribed to it under
13		HIPAA, as described in 45 CFR 164.514(e)(2).
14		"Managed care plan" means a plan that establishes,
15		operates, or maintains a network of health care providers that
16		have entered into agreements with the plan to provide health
17		care services to enrollees where the plan has the ultimate and
18		direct contractual obligation to the enrollee to arrange for
19		the provision of or pay for services through:
20		(1) organizational arrangements for ongoing quality
21		assurance, utilization review programs, or dispute
22		resolution; or
23		(2) financial incentives for persons enrolled in the
24		plan to use the participating providers and procedures
25		covered by the plan.
26		A managed care plan may be established or operated by any

HB0421 Engrossed - 129 - LRB099 05828 HAF 25872 b
1		entity including a licensed insurance company, hospital or
2		medical service plan, health maintenance organization, limited
3		health service organization, preferred provider organization,
4		third party administrator, or an employer or employee
5		organization.
6		"Minimum necessary" means HIPAA's standard for using,
7		disclosing, and requesting protected health information found
8		in 45 CFR 164.502(b) and 164.514(d).
9		"Nontherapeutic purpose" means a purpose that is not
10		intended to improve or preserve the life or health of the
11		individual whom the information concerns.
12		"Organized health care arrangement" has the meaning
13		ascribed to it under HIPAA, as specified in 45 CFR 160.103.
14		"Patient safety activities" has the meaning ascribed to it
15		under 42 CFR 3.20.
16		"Payment" has the meaning ascribed to it under HIPAA, as
17		specified in 45 CFR 164.501.
18		"Person" includes any natural person, partnership,
19		association, joint venture, trust, governmental entity, public
20		or private corporation, health facility, or other legal entity.
21		"Protected health information" has the meaning ascribed to
22		it under HIPAA, as specified in 45 CFR 164.103.
23		"Research" has the meaning ascribed to it under HIPAA, as
24		specified in 45 CFR 164.501.
25		"State agency" means an instrumentality of the State of
26		Illinois and any instrumentality of another state which

HB0421 Engrossed - 130 - LRB099 05828 HAF 25872 b
1		pursuant to applicable law or a written undertaking with an
2		instrumentality of the State of Illinois is bound to protect
3		the privacy of genetic information of Illinois persons.
4		"Treatment" has the meaning ascribed to it under HIPAA, as
5		specified in 45 CFR 164.501.
6		"Use" has the meaning ascribed to it under HIPAA, as
7		specified in 45 CFR 160.103, where context dictates.
8		(Source: P.A. 98-1046, eff. 1-1-15.)
9		Section 110. The Home Health and Hospice Drug Dispensation
10		and Administration Act is amended by changing Section 10 as
11		follows:
12		(410 ILCS 642/10)
13		Sec. 10. Definitions. In this Act:
14		"Authorized nursing employee" means a registered nurse or
15		advanced practice nurse, as defined in the Nurse Practice Act,
16		who is employed by a home health agency or hospice licensed in
17		this State.
18		"Health care professional" means a physician licensed to
19		practice medicine in all its branches, a licensed an advanced
20		practice nurse who has a written collaborative agreement with a
21		collaborating physician that authorizes services under this
22		Act, or a licensed physician assistant who has been delegated
23		the authority to perform services under this Act by his or her
24		supervising physician.

HB0421 Engrossed - 131 - LRB099 05828 HAF 25872 b
1		"Home health agency" has the meaning ascribed to it in
2		Section 2.04 of the Home Health, Home Services, and Home
3		Nursing Agency Licensing Act.
4		"Hospice" means a full hospice, as defined in Section 3 of
5		the Hospice Program Licensing Act.
6		"Physician" means a physician licensed under the Medical
7		Practice Act of 1987 to practice medicine in all its branches.
8		(Source: P.A. 94-638, eff. 8-22-05; 95-331, eff. 8-21-07;
9		95-639, eff. 10-5-07.)
10		Section 115. The Illinois Vehicle Code is amended by
11		changing Sections 1-159.1, 3-616, 6-103, 6-106.1, and 6-901 as
12		follows:
13		(625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
14		Sec. 1-159.1. Person with disabilities. A natural person
15		who, as determined by a licensed physician, by a licensed
16		physician assistant who has been delegated the authority to
17		make this determination by his or her supervising physician, or
18		by a licensed an advanced practice nurse who has a written
19		collaborative agreement with a collaborating physician that
20		authorizes the advanced practice nurse to make this
21		determination: (1) cannot walk without the use of, or
22		assistance from, a brace, cane, crutch, another person,
23		prosthetic device, wheelchair, or other assistive device; (2)
24		is restricted by lung disease to such an extent that his or her

HB0421 Engrossed - 132 - LRB099 05828 HAF 25872 b
1		forced (respiratory) expiratory volume for one second, when
2		measured by spirometry, is less than one liter, or the arterial
3		oxygen tension is less than 60 mm/hg on room air at rest; (3)
4		uses portable oxygen; (4) has a cardiac condition to the extent
5		that the person's functional limitations are classified in
6		severity as Class III or Class IV, according to standards set
7		by the American Heart Association; (5) is severely limited in
8		the person's ability to walk due to an arthritic, neurological,
9		oncological, or orthopedic condition; (6) cannot walk 200 feet
10		without stopping to rest because of one of the above 5
11		conditions; or (7) is missing a hand or arm or has permanently
12		lost the use of a hand or arm.
13		(Source: P.A. 98-405, eff. 1-1-14.)
14		(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
15		Sec. 3-616. Disability license plates.
16		(a) Upon receiving an application for a certificate of
17		registration for a motor vehicle of the first division or for a
18		motor vehicle of the second division weighing no more than
19		8,000 pounds, accompanied with payment of the registration fees
20		required under this Code from a person with disabilities or a
21		person who is deaf or hard of hearing, the Secretary of State,
22		if so requested, shall issue to such person registration plates
23		as provided for in Section 3-611, provided that the person with
24		disabilities or person who is deaf or hard of hearing must not
25		be disqualified from obtaining a driver's license under

HB0421 Engrossed - 133 - LRB099 05828 HAF 25872 b
1		subsection 8 of Section 6-103 of this Code, and further
2		provided that any person making such a request must submit a
3		statement, certified by a licensed physician, by a licensed
4		physician assistant who has been delegated the authority to
5		make this certification by his or her supervising physician, or
6		by a licensed an advanced practice nurse who has a written
7		collaborative agreement with a collaborating physician that
8		authorizes the advanced practice nurse to make this
9		certification, to the effect that such person is a person with
10		disabilities as defined by Section 1-159.1 of this Code, or
11		alternatively provide adequate documentation that such person
12		has a Class 1A, Class 2A or Type Four disability under the
13		provisions of Section 4A of the Illinois Identification Card
14		Act. For purposes of this Section, an Illinois Person with a
15		Disability Identification Card issued pursuant to the Illinois
16		Identification Card Act indicating that the person thereon
17		named has a disability shall be adequate documentation of such
18		a disability.
19		(b) The Secretary shall issue plates under this Section to
20		a parent or legal guardian of a person with disabilities if the
21		person with disabilities has a Class 1A or Class 2A disability
22		as defined in Section 4A of the Illinois Identification Card
23		Act or is a person with disabilities as defined by Section
24		1-159.1 of this Code, and does not possess a vehicle registered
25		in his or her name, provided that the person with disabilities
26		relies frequently on the parent or legal guardian for

HB0421 Engrossed - 134 - LRB099 05828 HAF 25872 b
1		transportation. Only one vehicle per family may be registered
2		under this subsection, unless the applicant can justify in
3		writing the need for one additional set of plates. Any person
4		requesting special plates under this subsection shall submit
5		such documentation or such physician's, physician assistant's,
6		or advanced practice nurse's statement as is required in
7		subsection (a) and a statement describing the circumstances
8		qualifying for issuance of special plates under this
9		subsection. An optometrist may certify a Class 2A Visual
10		Disability, as defined in Section 4A of the Illinois
11		Identification Card Act, for the purpose of qualifying a person
12		with disabilities for special plates under this subsection.
13		(c) The Secretary may issue a parking decal or device to a
14		person with disabilities as defined by Section 1-159.1 without
15		regard to qualification of such person with disabilities for a
16		driver's license or registration of a vehicle by such person
17		with disabilities or such person's immediate family, provided
18		such person with disabilities making such a request has been
19		issued an Illinois Person with a Disability Identification Card
20		indicating that the person named thereon has a Class 1A or
21		Class 2A disability, or alternatively, submits a statement
22		certified by a licensed physician, or by a licensed physician
23		assistant or a licensed an advanced practice nurse as provided
24		in subsection (a), to the effect that such person is a person
25		with disabilities as defined by Section 1-159.1. An optometrist
26		may certify a Class 2A Visual Disability as defined in Section

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1		4A of the Illinois Identification Card Act for the purpose of
2		qualifying a person with disabilities for a parking decal or
3		device under this subsection.
4		(d) The Secretary shall prescribe by rules and regulations
5		procedures to certify or re-certify as necessary the
6		eligibility of persons whose disabilities are other than
7		permanent for special plates or parking decals or devices
8		issued under subsections (a), (b) and (c). Except as provided
9		under subsection (f) of this Section, no such special plates,
10		decals or devices shall be issued by the Secretary of State to
11		or on behalf of any person with disabilities unless such person
12		is certified as meeting the definition of a person with
13		disabilities pursuant to Section 1-159.1 or meeting the
14		requirement of a Type Four disability as provided under Section
15		4A of the Illinois Identification Card Act for the period of
16		time that the physician, or the physician assistant or advanced
17		practice nurse as provided in subsection (a), determines the
18		applicant will have the disability, but not to exceed 6 months
19		from the date of certification or recertification.
20		(e) Any person requesting special plates under this Section
21		may also apply to have the special plates personalized, as
22		provided under Section 3-405.1.
23		(f) The Secretary of State, upon application, shall issue
24		disability registration plates or a parking decal to
25		corporations, school districts, State or municipal agencies,
26		limited liability companies, nursing homes, convalescent

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1		homes, or special education cooperatives which will transport
2		persons with disabilities. The Secretary shall prescribe by
3		rule a means to certify or re-certify the eligibility of
4		organizations to receive disability plates or decals and to
5		designate which of the 2 person with disabilities emblems shall
6		be placed on qualifying vehicles.
7		(g) The Secretary of State, or his designee, may enter into
8		agreements with other jurisdictions, including foreign
9		jurisdictions, on behalf of this State relating to the
10		extension of parking privileges by such jurisdictions to
11		permanently disabled residents of this State who display a
12		special license plate or parking device that contains the
13		International symbol of access on his or her motor vehicle, and
14		to recognize such plates or devices issued by such other
15		jurisdictions. This State shall grant the same parking
16		privileges which are granted to disabled residents of this
17		State to any non-resident whose motor vehicle is licensed in
18		another state, district, territory or foreign country if such
19		vehicle displays the international symbol of access or a
20		distinguishing insignia on license plates or parking device
21		issued in accordance with the laws of the non-resident's state,
22		district, territory or foreign country.
23		(Source: P.A. 97-1064, eff. 1-1-13.)
24		(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
25		Sec. 6-103. What persons shall not be licensed as drivers

HB0421 Engrossed - 137 - LRB099 05828 HAF 25872 b
1		or granted permits. The Secretary of State shall not issue,
2		renew, or allow the retention of any driver's license nor issue
3		any permit under this Code:
4		1. To any person, as a driver, who is under the age of
5		18 years except as provided in Section 6-107, and except
6		that an instruction permit may be issued under Section
7		6-107.1 to a child who is not less than 15 years of age if
8		the child is enrolled in an approved driver education
9		course as defined in Section 1-103 of this Code and
10		requires an instruction permit to participate therein,
11		except that an instruction permit may be issued under the
12		provisions of Section 6-107.1 to a child who is 17 years
13		and 3 months of age without the child having enrolled in an
14		approved driver education course and except that an
15		instruction permit may be issued to a child who is at least
16		15 years and 3 months of age, is enrolled in school, meets
17		the educational requirements of the Driver Education Act,
18		and has passed examinations the Secretary of State in his
19		or her discretion may prescribe;
20		1.5. To any person at least 18 years of age but less
21		than 21 years of age unless the person has, in addition to
22		any other requirements of this Code, successfully
23		completed an adult driver education course as provided in
24		Section 6-107.5 of this Code;
25		2. To any person who is under the age of 18 as an
26		operator of a motorcycle other than a motor driven cycle

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1		unless the person has, in addition to meeting the
2		provisions of Section 6-107 of this Code, successfully
3		completed a motorcycle training course approved by the
4		Illinois Department of Transportation and successfully
5		completes the required Secretary of State's motorcycle
6		driver's examination;
7		3. To any person, as a driver, whose driver's license
8		or permit has been suspended, during the suspension, nor to
9		any person whose driver's license or permit has been
10		revoked, except as provided in Sections 6-205, 6-206, and
11		6-208;
12		4. To any person, as a driver, who is a user of alcohol
13		or any other drug to a degree that renders the person
14		incapable of safely driving a motor vehicle;
15		5. To any person, as a driver, who has previously been
16		adjudged to be afflicted with or suffering from any mental
17		or physical disability or disease and who has not at the
18		time of application been restored to competency by the
19		methods provided by law;
20		6. To any person, as a driver, who is required by the
21		Secretary of State to submit an alcohol and drug evaluation
22		or take an examination provided for in this Code unless the
23		person has successfully passed the examination and
24		submitted any required evaluation;
25		7. To any person who is required under the provisions
26		of the laws of this State to deposit security or proof of

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1		financial responsibility and who has not deposited the
2		security or proof;
3		8. To any person when the Secretary of State has good
4		cause to believe that the person by reason of physical or
5		mental disability would not be able to safely operate a
6		motor vehicle upon the highways, unless the person shall
7		furnish to the Secretary of State a verified written
8		statement, acceptable to the Secretary of State, from a
9		competent medical specialist, a licensed physician
10		assistant who has been delegated the performance of medical
11		examinations by his or her supervising physician, or a
12		licensed advanced practice nurse who has a written
13		collaborative agreement with a collaborating physician
14		which authorizes him or her to perform medical
15		examinations, to the effect that the operation of a motor
16		vehicle by the person would not be inimical to the public
17		safety;
18		9. To any person, as a driver, who is 69 years of age
19		or older, unless the person has successfully complied with
20		the provisions of Section 6-109;
21		10. To any person convicted, within 12 months of
22		application for a license, of any of the sexual offenses
23		enumerated in paragraph 2 of subsection (b) of Section
24		6-205;
25		11. To any person who is under the age of 21 years with
26		a classification prohibited in paragraph (b) of Section

HB0421 Engrossed - 140 - LRB099 05828 HAF 25872 b
1		6-104 and to any person who is under the age of 18 years
2		with a classification prohibited in paragraph (c) of
3		Section 6-104;
4		12. To any person who has been either convicted of or
5		adjudicated under the Juvenile Court Act of 1987 based upon
6		a violation of the Cannabis Control Act, the Illinois
7		Controlled Substances Act, or the Methamphetamine Control
8		and Community Protection Act while that person was in
9		actual physical control of a motor vehicle. For purposes of
10		this Section, any person placed on probation under Section
11		10 of the Cannabis Control Act, Section 410 of the Illinois
12		Controlled Substances Act, or Section 70 of the
13		Methamphetamine Control and Community Protection Act shall
14		not be considered convicted. Any person found guilty of
15		this offense, while in actual physical control of a motor
16		vehicle, shall have an entry made in the court record by
17		the judge that this offense did occur while the person was
18		in actual physical control of a motor vehicle and order the
19		clerk of the court to report the violation to the Secretary
20		of State as such. The Secretary of State shall not issue a
21		new license or permit for a period of one year;
22		13. To any person who is under the age of 18 years and
23		who has committed the offense of operating a motor vehicle
24		without a valid license or permit in violation of Section
25		6-101 or a similar out of state offense;
26		14. To any person who is 90 days or more delinquent in

HB0421 Engrossed - 141 - LRB099 05828 HAF 25872 b
1		court ordered child support payments or has been
2		adjudicated in arrears in an amount equal to 90 days'
3		obligation or more and who has been found in contempt of
4		court for failure to pay the support, subject to the
5		requirements and procedures of Article VII of Chapter 7 of
6		the Illinois Vehicle Code;
7		14.5. To any person certified by the Illinois
8		Department of Healthcare and Family Services as being 90
9		days or more delinquent in payment of support under an
10		order of support entered by a court or administrative body
11		of this or any other State, subject to the requirements and
12		procedures of Article VII of Chapter 7 of this Code
13		regarding those certifications;
14		15. To any person released from a term of imprisonment
15		for violating Section 9-3 of the Criminal Code of 1961 or
16		the Criminal Code of 2012, or a similar provision of a law
17		of another state relating to reckless homicide or for
18		violating subparagraph (F) of paragraph (1) of subsection
19		(d) of Section 11-501 of this Code relating to aggravated
20		driving under the influence of alcohol, other drug or
21		drugs, intoxicating compound or compounds, or any
22		combination thereof, if the violation was the proximate
23		cause of a death, within 24 months of release from a term
24		of imprisonment;
25		16. To any person who, with intent to influence any act
26		related to the issuance of any driver's license or permit,

HB0421 Engrossed - 142 - LRB099 05828 HAF 25872 b
1		by an employee of the Secretary of State's Office, or the
2		owner or employee of any commercial driver training school
3		licensed by the Secretary of State, or any other individual
4		authorized by the laws of this State to give driving
5		instructions or administer all or part of a driver's
6		license examination, promises or tenders to that person any
7		property or personal advantage which that person is not
8		authorized by law to accept. Any persons promising or
9		tendering such property or personal advantage shall be
10		disqualified from holding any class of driver's license or
11		permit for 120 consecutive days. The Secretary of State
12		shall establish by rule the procedures for implementing
13		this period of disqualification and the procedures by which
14		persons so disqualified may obtain administrative review
15		of the decision to disqualify;
16		17. To any person for whom the Secretary of State
17		cannot verify the accuracy of any information or
18		documentation submitted in application for a driver's
19		license; or
20		18. To any person who has been adjudicated under the
21		Juvenile Court Act of 1987 based upon an offense that is
22		determined by the court to have been committed in
23		furtherance of the criminal activities of an organized
24		gang, as provided in Section 5-710 of that Act, and that
25		involved the operation or use of a motor vehicle or the use
26		of a driver's license or permit. The person shall be denied

HB0421 Engrossed - 143 - LRB099 05828 HAF 25872 b
1		a license or permit for the period determined by the court.
2		The Secretary of State shall retain all conviction
3		information, if the information is required to be held
4		confidential under the Juvenile Court Act of 1987.
5		(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;
6		98-167, eff. 7-1-14; 98-756, eff. 7-16-14.)
7		(625 ILCS 5/6-106.1)
8		Sec. 6-106.1. School bus driver permit.
9		(a) The Secretary of State shall issue a school bus driver
10		permit to those applicants who have met all the requirements of
11		the application and screening process under this Section to
12		insure the welfare and safety of children who are transported
13		on school buses throughout the State of Illinois. Applicants
14		shall obtain the proper application required by the Secretary
15		of State from their prospective or current employer and submit
16		the completed application to the prospective or current
17		employer along with the necessary fingerprint submission as
18		required by the Department of State Police to conduct
19		fingerprint based criminal background checks on current and
20		future information available in the state system and current
21		information available through the Federal Bureau of
22		Investigation's system. Applicants who have completed the
23		fingerprinting requirements shall not be subjected to the
24		fingerprinting process when applying for subsequent permits or
25		submitting proof of successful completion of the annual

HB0421 Engrossed - 144 - LRB099 05828 HAF 25872 b
1		refresher course. Individuals who on the effective date of this
2		Act possess a valid school bus driver permit that has been
3		previously issued by the appropriate Regional School
4		Superintendent are not subject to the fingerprinting
5		provisions of this Section as long as the permit remains valid
6		and does not lapse. The applicant shall be required to pay all
7		related application and fingerprinting fees as established by
8		rule including, but not limited to, the amounts established by
9		the Department of State Police and the Federal Bureau of
10		Investigation to process fingerprint based criminal background
11		investigations. All fees paid for fingerprint processing
12		services under this Section shall be deposited into the State
13		Police Services Fund for the cost incurred in processing the
14		fingerprint based criminal background investigations. All
15		other fees paid under this Section shall be deposited into the
16		Road Fund for the purpose of defraying the costs of the
17		Secretary of State in administering this Section. All
18		applicants must:
19		1. be 21 years of age or older;
20		2. possess a valid and properly classified driver's
21		license issued by the Secretary of State;
22		3. possess a valid driver's license, which has not been
23		revoked, suspended, or canceled for 3 years immediately
24		prior to the date of application, or have not had his or
25		her commercial motor vehicle driving privileges
26		disqualified within the 3 years immediately prior to the

HB0421 Engrossed - 145 - LRB099 05828 HAF 25872 b
1		date of application;
2		4. successfully pass a written test, administered by
3		the Secretary of State, on school bus operation, school bus
4		safety, and special traffic laws relating to school buses
5		and submit to a review of the applicant's driving habits by
6		the Secretary of State at the time the written test is
7		given;
8		5. demonstrate ability to exercise reasonable care in
9		the operation of school buses in accordance with rules
10		promulgated by the Secretary of State;
11		6. demonstrate physical fitness to operate school
12		buses by submitting the results of a medical examination,
13		including tests for drug use for each applicant not subject
14		to such testing pursuant to federal law, conducted by a
15		licensed physician, a licensed an advanced practice nurse
16		who has a written collaborative agreement with a
17		collaborating physician which authorizes him or her to
18		perform medical examinations, or a licensed physician
19		assistant who has been delegated the performance of medical
20		examinations by his or her supervising physician within 90
21		days of the date of application according to standards
22		promulgated by the Secretary of State;
23		7. affirm under penalties of perjury that he or she has
24		not made a false statement or knowingly concealed a
25		material fact in any application for permit;
26		8. have completed an initial classroom course,

HB0421 Engrossed - 146 - LRB099 05828 HAF 25872 b
1		including first aid procedures, in school bus driver safety
2		as promulgated by the Secretary of State; and after
3		satisfactory completion of said initial course an annual
4		refresher course; such courses and the agency or
5		organization conducting such courses shall be approved by
6		the Secretary of State; failure to complete the annual
7		refresher course, shall result in cancellation of the
8		permit until such course is completed;
9		9. not have been under an order of court supervision
10		for or convicted of 2 or more serious traffic offenses, as
11		defined by rule, within one year prior to the date of
12		application that may endanger the life or safety of any of
13		the driver's passengers within the duration of the permit
14		period;
15		10. not have been under an order of court supervision
16		for or convicted of reckless driving, aggravated reckless
17		driving, driving while under the influence of alcohol,
18		other drug or drugs, intoxicating compound or compounds or
19		any combination thereof, or reckless homicide resulting
20		from the operation of a motor vehicle within 3 years of the
21		date of application;
22		11. not have been convicted of committing or attempting
23		to commit any one or more of the following offenses: (i)
24		those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
25		9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
26		10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,

HB0421 Engrossed - 147 - LRB099 05828 HAF 25872 b
1		11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
2		11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
3		11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
4		11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
5		11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
6		12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
7		12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
8		12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
9		12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
10		12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
11		18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
12		20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
13		24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
14		31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
15		8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
16		(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
17		in subsection (a) and subsection (b), clause (1), of
18		Section 12-4, and in subsection (A), clauses (a) and (b),
19		of Section 24-3, and those offenses contained in Article
20		29D of the Criminal Code of 1961 or the Criminal Code of
21		2012; (ii) those offenses defined in the Cannabis Control
22		Act except those offenses defined in subsections (a) and
23		(b) of Section 4, and subsection (a) of Section 5 of the
24		Cannabis Control Act; (iii) those offenses defined in the
25		Illinois Controlled Substances Act; (iv) those offenses
26		defined in the Methamphetamine Control and Community

HB0421 Engrossed - 148 - LRB099 05828 HAF 25872 b
1		Protection Act; (v) any offense committed or attempted in
2		any other state or against the laws of the United States,
3		which if committed or attempted in this State would be
4		punishable as one or more of the foregoing offenses; (vi)
5		the offenses defined in Section 4.1 and 5.1 of the Wrongs
6		to Children Act or Section 11-9.1A of the Criminal Code of
7		1961 or the Criminal Code of 2012; (vii) those offenses
8		defined in Section 6-16 of the Liquor Control Act of 1934;
9		and (viii) those offenses defined in the Methamphetamine
10		Precursor Control Act;
11		12. not have been repeatedly involved as a driver in
12		motor vehicle collisions or been repeatedly convicted of
13		offenses against laws and ordinances regulating the
14		movement of traffic, to a degree which indicates lack of
15		ability to exercise ordinary and reasonable care in the
16		safe operation of a motor vehicle or disrespect for the
17		traffic laws and the safety of other persons upon the
18		highway;
19		13. not have, through the unlawful operation of a motor
20		vehicle, caused an accident resulting in the death of any
21		person;
22		14. not have, within the last 5 years, been adjudged to
23		be afflicted with or suffering from any mental disability
24		or disease; and
25		15. consent, in writing, to the release of results of
26		reasonable suspicion drug and alcohol testing under

HB0421 Engrossed - 149 - LRB099 05828 HAF 25872 b
1		Section 6-106.1c of this Code by the employer of the
2		applicant to the Secretary of State.
3		(b) A school bus driver permit shall be valid for a period
4		specified by the Secretary of State as set forth by rule. It
5		shall be renewable upon compliance with subsection (a) of this
6		Section.
7		(c) A school bus driver permit shall contain the holder's
8		driver's license number, legal name, residence address, zip
9		code, and date of birth, a brief description of the holder and
10		a space for signature. The Secretary of State may require a
11		suitable photograph of the holder.
12		(d) The employer shall be responsible for conducting a
13		pre-employment interview with prospective school bus driver
14		candidates, distributing school bus driver applications and
15		medical forms to be completed by the applicant, and submitting
16		the applicant's fingerprint cards to the Department of State
17		Police that are required for the criminal background
18		investigations. The employer shall certify in writing to the
19		Secretary of State that all pre-employment conditions have been
20		successfully completed including the successful completion of
21		an Illinois specific criminal background investigation through
22		the Department of State Police and the submission of necessary
23		fingerprints to the Federal Bureau of Investigation for
24		criminal history information available through the Federal
25		Bureau of Investigation system. The applicant shall present the
26		certification to the Secretary of State at the time of

HB0421 Engrossed - 150 - LRB099 05828 HAF 25872 b
1		submitting the school bus driver permit application.
2		(e) Permits shall initially be provisional upon receiving
3		certification from the employer that all pre-employment
4		conditions have been successfully completed, and upon
5		successful completion of all training and examination
6		requirements for the classification of the vehicle to be
7		operated, the Secretary of State shall provisionally issue a
8		School Bus Driver Permit. The permit shall remain in a
9		provisional status pending the completion of the Federal Bureau
10		of Investigation's criminal background investigation based
11		upon fingerprinting specimens submitted to the Federal Bureau
12		of Investigation by the Department of State Police. The Federal
13		Bureau of Investigation shall report the findings directly to
14		the Secretary of State. The Secretary of State shall remove the
15		bus driver permit from provisional status upon the applicant's
16		successful completion of the Federal Bureau of Investigation's
17		criminal background investigation.
18		(f) A school bus driver permit holder shall notify the
19		employer and the Secretary of State if he or she is issued an
20		order of court supervision for or convicted in another state of
21		an offense that would make him or her ineligible for a permit
22		under subsection (a) of this Section. The written notification
23		shall be made within 5 days of the entry of the order of court
24		supervision or conviction. Failure of the permit holder to
25		provide the notification is punishable as a petty offense for a
26		first violation and a Class B misdemeanor for a second or

HB0421 Engrossed - 151 - LRB099 05828 HAF 25872 b
1		subsequent violation.
2		(g) Cancellation; suspension; notice and procedure.
3		(1) The Secretary of State shall cancel a school bus
4		driver permit of an applicant whose criminal background
5		investigation discloses that he or she is not in compliance
6		with the provisions of subsection (a) of this Section.
7		(2) The Secretary of State shall cancel a school bus
8		driver permit when he or she receives notice that the
9		permit holder fails to comply with any provision of this
10		Section or any rule promulgated for the administration of
11		this Section.
12		(3) The Secretary of State shall cancel a school bus
13		driver permit if the permit holder's restricted commercial
14		or commercial driving privileges are withdrawn or
15		otherwise invalidated.
16		(4) The Secretary of State may not issue a school bus
17		driver permit for a period of 3 years to an applicant who
18		fails to obtain a negative result on a drug test as
19		required in item 6 of subsection (a) of this Section or
20		under federal law.
21		(5) The Secretary of State shall forthwith suspend a
22		school bus driver permit for a period of 3 years upon
23		receiving notice that the holder has failed to obtain a
24		negative result on a drug test as required in item 6 of
25		subsection (a) of this Section or under federal law.
26		(6) The Secretary of State shall suspend a school bus

HB0421 Engrossed - 152 - LRB099 05828 HAF 25872 b
1		driver permit for a period of 3 years upon receiving notice
2		from the employer that the holder failed to perform the
3		inspection procedure set forth in subsection (a) or (b) of
4		Section 12-816 of this Code.
5		(7) The Secretary of State shall suspend a school bus
6		driver permit for a period of 3 years upon receiving notice
7		from the employer that the holder refused to submit to an
8		alcohol or drug test as required by Section 6-106.1c or has
9		submitted to a test required by that Section which
10		disclosed an alcohol concentration of more than 0.00 or
11		disclosed a positive result on a National Institute on Drug
12		Abuse five-drug panel, utilizing federal standards set
13		forth in 49 CFR 40.87.
14		The Secretary of State shall notify the State
15		Superintendent of Education and the permit holder's
16		prospective or current employer that the applicant has (1) has
17		failed a criminal background investigation or (2) is no longer
18		eligible for a school bus driver permit; and of the related
19		cancellation of the applicant's provisional school bus driver
20		permit. The cancellation shall remain in effect pending the
21		outcome of a hearing pursuant to Section 2-118 of this Code.
22		The scope of the hearing shall be limited to the issuance
23		criteria contained in subsection (a) of this Section. A
24		petition requesting a hearing shall be submitted to the
25		Secretary of State and shall contain the reason the individual
26		feels he or she is entitled to a school bus driver permit. The

HB0421 Engrossed - 153 - LRB099 05828 HAF 25872 b
1		permit holder's employer shall notify in writing to the
2		Secretary of State that the employer has certified the removal
3		of the offending school bus driver from service prior to the
4		start of that school bus driver's next workshift. An employing
5		school board that fails to remove the offending school bus
6		driver from service is subject to the penalties defined in
7		Section 3-14.23 of the School Code. A school bus contractor who
8		violates a provision of this Section is subject to the
9		penalties defined in Section 6-106.11.
10		All valid school bus driver permits issued under this
11		Section prior to January 1, 1995, shall remain effective until
12		their expiration date unless otherwise invalidated.
13		(h) When a school bus driver permit holder who is a service
14		member is called to active duty, the employer of the permit
15		holder shall notify the Secretary of State, within 30 days of
16		notification from the permit holder, that the permit holder has
17		been called to active duty. Upon notification pursuant to this
18		subsection, (i) the Secretary of State shall characterize the
19		permit as inactive until a permit holder renews the permit as
20		provided in subsection (i) of this Section, and (ii) if a
21		permit holder fails to comply with the requirements of this
22		Section while called to active duty, the Secretary of State
23		shall not characterize the permit as invalid.
24		(i) A school bus driver permit holder who is a service
25		member returning from active duty must, within 90 days, renew a
26		permit characterized as inactive pursuant to subsection (h) of

HB0421 Engrossed - 154 - LRB099 05828 HAF 25872 b
1		this Section by complying with the renewal requirements of
2		subsection (b) of this Section.
3		(j) For purposes of subsections (h) and (i) of this
4		Section:
5		"Active duty" means active duty pursuant to an executive
6		order of the President of the United States, an act of the
7		Congress of the United States, or an order of the Governor.
8		"Service member" means a member of the Armed Services or
9		reserve forces of the United States or a member of the Illinois
10		National Guard.
11		(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
12		96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
13		7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
14		Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
15		97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
16		1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
17		eff. 1-25-13.)
18		(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
19		Sec. 6-901. Definitions. For the purposes of this Article:
20		"Board" means the Driver's License Medical Advisory Board.
21		"Medical examiner" or "medical practitioner" means:
22		(i) any person licensed to practice medicine in all its
23		branches in the State of Illinois or any other state;
24		(ii) a licensed physician assistant who has been
25		delegated the performance of medical examinations by his or

HB0421 Engrossed - 155 - LRB099 05828 HAF 25872 b
1		her supervising physician; or
2		(iii) a licensed advanced practice nurse who has a
3		written collaborative agreement with a collaborating
4		physician which authorizes him or her to perform medical
5		examinations.
6		(Source: P.A. 96-962, eff. 7-2-10; 97-185, eff. 7-22-11.)
7		Section 120. The Illinois Controlled Substances Act is
8		amended by changing Sections 102 and 303.05 as follows:
9		(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
10		Sec. 102. Definitions. As used in this Act, unless the
11		context otherwise requires:
12		(a) "Addict" means any person who habitually uses any drug,
13		chemical, substance or dangerous drug other than alcohol so as
14		to endanger the public morals, health, safety or welfare or who
15		is so far addicted to the use of a dangerous drug or controlled
16		substance other than alcohol as to have lost the power of self
17		control with reference to his or her addiction.
18		(b) "Administer" means the direct application of a
19		controlled substance, whether by injection, inhalation,
20		ingestion, or any other means, to the body of a patient,
21		research subject, or animal (as defined by the Humane
22		Euthanasia in Animal Shelters Act) by:
23		(1) a practitioner (or, in his or her presence, by his
24		or her authorized agent),

HB0421 Engrossed - 156 - LRB099 05828 HAF 25872 b
1		(2) the patient or research subject pursuant to an
2		order, or
3		(3) a euthanasia technician as defined by the Humane
4		Euthanasia in Animal Shelters Act.
5		(c) "Agent" means an authorized person who acts on behalf
6		of or at the direction of a manufacturer, distributor,
7		dispenser, prescriber, or practitioner. It does not include a
8		common or contract carrier, public warehouseman or employee of
9		the carrier or warehouseman.
10		(c-1) "Anabolic Steroids" means any drug or hormonal
11		substance, chemically and pharmacologically related to
12		testosterone (other than estrogens, progestins,
13		corticosteroids, and dehydroepiandrosterone), and includes:
14		(i) 3[beta],17-dihydroxy-5a-androstane,
15		(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
16		(iii) 5[alpha]-androstan-3,17-dione,
17		(iv) 1-androstenediol (3[beta],
18		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
19		(v) 1-androstenediol (3[alpha],
20		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
21		(vi) 4-androstenediol
22		(3[beta],17[beta]-dihydroxy-androst-4-ene),
23		(vii) 5-androstenediol
24		(3[beta],17[beta]-dihydroxy-androst-5-ene),
25		(viii) 1-androstenedione
26		([5alpha]-androst-1-en-3,17-dione),

HB0421 Engrossed - 157 - LRB099 05828 HAF 25872 b
1		(ix) 4-androstenedione
2		(androst-4-en-3,17-dione),
3		(x) 5-androstenedione
4		(androst-5-en-3,17-dione),
5		(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
6		hydroxyandrost-4-en-3-one),
7		(xii) boldenone (17[beta]-hydroxyandrost-
8		1,4,-diene-3-one),
9		(xiii) boldione (androsta-1,4-
10		diene-3,17-dione),
11		(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
12		[beta]-hydroxyandrost-4-en-3-one),
13		(xv) clostebol (4-chloro-17[beta]-
14		hydroxyandrost-4-en-3-one),
15		(xvi) dehydrochloromethyltestosterone (4-chloro-
16		17[beta]-hydroxy-17[alpha]-methyl-
17		androst-1,4-dien-3-one),
18		(xvii) desoxymethyltestosterone
19		(17[alpha]-methyl-5[alpha]
20		-androst-2-en-17[beta]-ol)(a.k.a., madol),
21		(xviii) [delta]1-dihydrotestosterone (a.k.a.
22		'1-testosterone') (17[beta]-hydroxy-
23		5[alpha]-androst-1-en-3-one),
24		(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
25		androstan-3-one),
26		(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

HB0421 Engrossed - 158 - LRB099 05828 HAF 25872 b
1		5[alpha]-androstan-3-one),
2		(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
3		hydroxyestr-4-ene),
4		(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
5		1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
6		(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
7		17[beta]-dihydroxyandrost-1,4-dien-3-one),
8		(xxiv) furazabol (17[alpha]-methyl-17[beta]-
9		hydroxyandrostano[2,3-c]-furazan),
10		(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
11		(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
12		androst-4-en-3-one),
13		(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
14		dihydroxy-estr-4-en-3-one),
15		(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
16		hydroxy-5-androstan-3-one),
17		(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
18		[5a]-androstan-3-one),
19		(xxx) methandienone (17[alpha]-methyl-17[beta]-
20		hydroxyandrost-1,4-dien-3-one),
21		(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
22		dihydroxyandrost-5-ene),
23		(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
24		5[alpha]-androst-1-en-3-one),
25		(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
26		dihydroxy-5a-androstane),

HB0421 Engrossed - 159 - LRB099 05828 HAF 25872 b
1		(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
2		-5a-androstane),
3		(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
4		dihydroxyandrost-4-ene),
5		(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
6		methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
7		(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
8		hydroxyestra-4,9(10)-dien-3-one),
9		(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
10		hydroxyestra-4,9-11-trien-3-one),
11		(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
12		hydroxyandrost-4-en-3-one),
13		(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
14		hydroxyestr-4-en-3-one),
15		(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
16		(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
17		androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
18		1-testosterone'),
19		(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
20		(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
21		dihydroxyestr-4-ene),
22		(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
23		dihydroxyestr-4-ene),
24		(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
25		dihydroxyestr-5-ene),
26		(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

HB0421 Engrossed - 160 - LRB099 05828 HAF 25872 b
1		dihydroxyestr-5-ene),
2		(xlvii) 19-nor-4,9(10)-androstadienedione
3		(estra-4,9(10)-diene-3,17-dione),
4		(xlviii) 19-nor-4-androstenedione (estr-4-
5		en-3,17-dione),
6		(xlix) 19-nor-5-androstenedione (estr-5-
7		en-3,17-dione),
8		(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
9		hydroxygon-4-en-3-one),
10		(li) norclostebol (4-chloro-17[beta]-
11		hydroxyestr-4-en-3-one),
12		(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
13		hydroxyestr-4-en-3-one),
14		(liii) normethandrolone (17[alpha]-methyl-17[beta]-
15		hydroxyestr-4-en-3-one),
16		(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
17		2-oxa-5[alpha]-androstan-3-one),
18		(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
19		dihydroxyandrost-4-en-3-one),
20		(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
21		17[beta]-hydroxy-(5[alpha]-androstan-3-one),
22		(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
23		(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
24		(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
25		(5[alpha]-androst-1-en-3-one),
26		(lix) testolactone (13-hydroxy-3-oxo-13,17-

HB0421 Engrossed - 161 - LRB099 05828 HAF 25872 b
1		secoandrosta-1,4-dien-17-oic
2		acid lactone),
3		(lx) testosterone (17[beta]-hydroxyandrost-
4		4-en-3-one),
5		(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
6		diethyl-17[beta]-hydroxygon-
7		4,9,11-trien-3-one),
8		(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
9		11-trien-3-one).
10		Any person who is otherwise lawfully in possession of an
11		anabolic steroid, or who otherwise lawfully manufactures,
12		distributes, dispenses, delivers, or possesses with intent to
13		deliver an anabolic steroid, which anabolic steroid is
14		expressly intended for and lawfully allowed to be administered
15		through implants to livestock or other nonhuman species, and
16		which is approved by the Secretary of Health and Human Services
17		for such administration, and which the person intends to
18		administer or have administered through such implants, shall
19		not be considered to be in unauthorized possession or to
20		unlawfully manufacture, distribute, dispense, deliver, or
21		possess with intent to deliver such anabolic steroid for
22		purposes of this Act.
23		(d) "Administration" means the Drug Enforcement
24		Administration, United States Department of Justice, or its
25		successor agency.
26		(d-5) "Clinical Director, Prescription Monitoring Program"

HB0421 Engrossed - 162 - LRB099 05828 HAF 25872 b
1		means a Department of Human Services administrative employee
2		licensed to either prescribe or dispense controlled substances
3		who shall run the clinical aspects of the Department of Human
4		Services Prescription Monitoring Program and its Prescription
5		Information Library.
6		(d-10) "Compounding" means the preparation and mixing of
7		components, excluding flavorings, (1) as the result of a
8		prescriber's prescription drug order or initiative based on the
9		prescriber-patient-pharmacist relationship in the course of
10		professional practice or (2) for the purpose of, or incident
11		to, research, teaching, or chemical analysis and not for sale
12		or dispensing. "Compounding" includes the preparation of drugs
13		or devices in anticipation of receiving prescription drug
14		orders based on routine, regularly observed dispensing
15		patterns. Commercially available products may be compounded
16		for dispensing to individual patients only if both of the
17		following conditions are met: (i) the commercial product is not
18		reasonably available from normal distribution channels in a
19		timely manner to meet the patient's needs and (ii) the
20		prescribing practitioner has requested that the drug be
21		compounded.
22		(e) "Control" means to add a drug or other substance, or
23		immediate precursor, to a Schedule whether by transfer from
24		another Schedule or otherwise.
25		(f) "Controlled Substance" means (i) a drug, substance, or
26		immediate precursor in the Schedules of Article II of this Act

HB0421 Engrossed - 163 - LRB099 05828 HAF 25872 b
1		or (ii) a drug or other substance, or immediate precursor,
2		designated as a controlled substance by the Department through
3		administrative rule. The term does not include distilled
4		spirits, wine, malt beverages, or tobacco, as those terms are
5		defined or used in the Liquor Control Act of 1934 and the
6		Tobacco Products Tax Act of 1995.
7		(f-5) "Controlled substance analog" means a substance:
8		(1) the chemical structure of which is substantially
9		similar to the chemical structure of a controlled substance
10		in Schedule I or II;
11		(2) which has a stimulant, depressant, or
12		hallucinogenic effect on the central nervous system that is
13		substantially similar to or greater than the stimulant,
14		depressant, or hallucinogenic effect on the central
15		nervous system of a controlled substance in Schedule I or
16		II; or
17		(3) with respect to a particular person, which such
18		person represents or intends to have a stimulant,
19		depressant, or hallucinogenic effect on the central
20		nervous system that is substantially similar to or greater
21		than the stimulant, depressant, or hallucinogenic effect
22		on the central nervous system of a controlled substance in
23		Schedule I or II.
24		(g) "Counterfeit substance" means a controlled substance,
25		which, or the container or labeling of which, without
26		authorization bears the trademark, trade name, or other

HB0421 Engrossed - 164 - LRB099 05828 HAF 25872 b
1		identifying mark, imprint, number or device, or any likeness
2		thereof, of a manufacturer, distributor, or dispenser other
3		than the person who in fact manufactured, distributed, or
4		dispensed the substance.
5		(h) "Deliver" or "delivery" means the actual, constructive
6		or attempted transfer of possession of a controlled substance,
7		with or without consideration, whether or not there is an
8		agency relationship.
9		(i) "Department" means the Illinois Department of Human
10		Services (as successor to the Department of Alcoholism and
11		Substance Abuse) or its successor agency.
12		(j) (Blank).
13		(k) "Department of Corrections" means the Department of
14		Corrections of the State of Illinois or its successor agency.
15		(l) "Department of Financial and Professional Regulation"
16		means the Department of Financial and Professional Regulation
17		of the State of Illinois or its successor agency.
18		(m) "Depressant" means any drug that (i) causes an overall
19		depression of central nervous system functions, (ii) causes
20		impaired consciousness and awareness, and (iii) can be
21		habit-forming or lead to a substance abuse problem, including
22		but not limited to alcohol, cannabis and its active principles
23		and their analogs, benzodiazepines and their analogs,
24		barbiturates and their analogs, opioids (natural and
25		synthetic) and their analogs, and chloral hydrate and similar
26		sedative hypnotics.

HB0421 Engrossed - 165 - LRB099 05828 HAF 25872 b
1		(n) (Blank).
2		(o) "Director" means the Director of the Illinois State
3		Police or his or her designated agents.
4		(p) "Dispense" means to deliver a controlled substance to
5		an ultimate user or research subject by or pursuant to the
6		lawful order of a prescriber, including the prescribing,
7		administering, packaging, labeling, or compounding necessary
8		to prepare the substance for that delivery.
9		(q) "Dispenser" means a practitioner who dispenses.
10		(r) "Distribute" means to deliver, other than by
11		administering or dispensing, a controlled substance.
12		(s) "Distributor" means a person who distributes.
13		(t) "Drug" means (1) substances recognized as drugs in the
14		official United States Pharmacopoeia, Official Homeopathic
15		Pharmacopoeia of the United States, or official National
16		Formulary, or any supplement to any of them; (2) substances
17		intended for use in diagnosis, cure, mitigation, treatment, or
18		prevention of disease in man or animals; (3) substances (other
19		than food) intended to affect the structure of any function of
20		the body of man or animals and (4) substances intended for use
21		as a component of any article specified in clause (1), (2), or
22		(3) of this subsection. It does not include devices or their
23		components, parts, or accessories.
24		(t-5) "Euthanasia agency" means an entity certified by the
25		Department of Financial and Professional Regulation for the
26		purpose of animal euthanasia that holds an animal control

HB0421 Engrossed - 166 - LRB099 05828 HAF 25872 b
1		facility license or animal shelter license under the Animal
2		Welfare Act. A euthanasia agency is authorized to purchase,
3		store, possess, and utilize Schedule II nonnarcotic and
4		Schedule III nonnarcotic drugs for the sole purpose of animal
5		euthanasia.
6		(t-10) "Euthanasia drugs" means Schedule II or Schedule III
7		substances (nonnarcotic controlled substances) that are used
8		by a euthanasia agency for the purpose of animal euthanasia.
9		(u) "Good faith" means the prescribing or dispensing of a
10		controlled substance by a practitioner in the regular course of
11		professional treatment to or for any person who is under his or
12		her treatment for a pathology or condition other than that
13		individual's physical or psychological dependence upon or
14		addiction to a controlled substance, except as provided herein:
15		and application of the term to a pharmacist shall mean the
16		dispensing of a controlled substance pursuant to the
17		prescriber's order which in the professional judgment of the
18		pharmacist is lawful. The pharmacist shall be guided by
19		accepted professional standards including, but not limited to
20		the following, in making the judgment:
21		(1) lack of consistency of prescriber-patient
22		relationship,
23		(2) frequency of prescriptions for same drug by one
24		prescriber for large numbers of patients,
25		(3) quantities beyond those normally prescribed,
26		(4) unusual dosages (recognizing that there may be

HB0421 Engrossed - 167 - LRB099 05828 HAF 25872 b
1		clinical circumstances where more or less than the usual
2		dose may be used legitimately),
3		(5) unusual geographic distances between patient,
4		pharmacist and prescriber,
5		(6) consistent prescribing of habit-forming drugs.
6		(u-0.5) "Hallucinogen" means a drug that causes markedly
7		altered sensory perception leading to hallucinations of any
8		type.
9		(u-1) "Home infusion services" means services provided by a
10		pharmacy in compounding solutions for direct administration to
11		a patient in a private residence, long-term care facility, or
12		hospice setting by means of parenteral, intravenous,
13		intramuscular, subcutaneous, or intraspinal infusion.
14		(u-5) "Illinois State Police" means the State Police of the
15		State of Illinois, or its successor agency.
16		(v) "Immediate precursor" means a substance:
17		(1) which the Department has found to be and by rule
18		designated as being a principal compound used, or produced
19		primarily for use, in the manufacture of a controlled
20		substance;
21		(2) which is an immediate chemical intermediary used or
22		likely to be used in the manufacture of such controlled
23		substance; and
24		(3) the control of which is necessary to prevent,
25		curtail or limit the manufacture of such controlled
26		substance.

HB0421 Engrossed - 168 - LRB099 05828 HAF 25872 b
1		(w) "Instructional activities" means the acts of teaching,
2		educating or instructing by practitioners using controlled
3		substances within educational facilities approved by the State
4		Board of Education or its successor agency.
5		(x) "Local authorities" means a duly organized State,
6		County or Municipal peace unit or police force.
7		(y) "Look-alike substance" means a substance, other than a
8		controlled substance which (1) by overall dosage unit
9		appearance, including shape, color, size, markings or lack
10		thereof, taste, consistency, or any other identifying physical
11		characteristic of the substance, would lead a reasonable person
12		to believe that the substance is a controlled substance, or (2)
13		is expressly or impliedly represented to be a controlled
14		substance or is distributed under circumstances which would
15		lead a reasonable person to believe that the substance is a
16		controlled substance. For the purpose of determining whether
17		the representations made or the circumstances of the
18		distribution would lead a reasonable person to believe the
19		substance to be a controlled substance under this clause (2) of
20		subsection (y), the court or other authority may consider the
21		following factors in addition to any other factor that may be
22		relevant:
23		(a) statements made by the owner or person in control
24		of the substance concerning its nature, use or effect;
25		(b) statements made to the buyer or recipient that the
26		substance may be resold for profit;

HB0421 Engrossed - 169 - LRB099 05828 HAF 25872 b
1		(c) whether the substance is packaged in a manner
2		normally used for the illegal distribution of controlled
3		substances;
4		(d) whether the distribution or attempted distribution
5		included an exchange of or demand for money or other
6		property as consideration, and whether the amount of the
7		consideration was substantially greater than the
8		reasonable retail market value of the substance.
9		Clause (1) of this subsection (y) shall not apply to a
10		noncontrolled substance in its finished dosage form that was
11		initially introduced into commerce prior to the initial
12		introduction into commerce of a controlled substance in its
13		finished dosage form which it may substantially resemble.
14		Nothing in this subsection (y) prohibits the dispensing or
15		distributing of noncontrolled substances by persons authorized
16		to dispense and distribute controlled substances under this
17		Act, provided that such action would be deemed to be carried
18		out in good faith under subsection (u) if the substances
19		involved were controlled substances.
20		Nothing in this subsection (y) or in this Act prohibits the
21		manufacture, preparation, propagation, compounding,
22		processing, packaging, advertising or distribution of a drug or
23		drugs by any person registered pursuant to Section 510 of the
24		Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
25		(y-1) "Mail-order pharmacy" means a pharmacy that is
26		located in a state of the United States that delivers,

HB0421 Engrossed - 170 - LRB099 05828 HAF 25872 b
1		dispenses or distributes, through the United States Postal
2		Service or other common carrier, to Illinois residents, any
3		substance which requires a prescription.
4		(z) "Manufacture" means the production, preparation,
5		propagation, compounding, conversion or processing of a
6		controlled substance other than methamphetamine, either
7		directly or indirectly, by extraction from substances of
8		natural origin, or independently by means of chemical
9		synthesis, or by a combination of extraction and chemical
10		synthesis, and includes any packaging or repackaging of the
11		substance or labeling of its container, except that this term
12		does not include:
13		(1) by an ultimate user, the preparation or compounding
14		of a controlled substance for his or her own use; or
15		(2) by a practitioner, or his or her authorized agent
16		under his or her supervision, the preparation,
17		compounding, packaging, or labeling of a controlled
18		substance:
19		(a) as an incident to his or her administering or
20		dispensing of a controlled substance in the course of
21		his or her professional practice; or
22		(b) as an incident to lawful research, teaching or
23		chemical analysis and not for sale.
24		(z-1) (Blank).
25		(z-5) "Medication shopping" means the conduct prohibited
26		under subsection (a) of Section 314.5 of this Act.

HB0421 Engrossed - 171 - LRB099 05828 HAF 25872 b
1		(z-10) "Mid-level practitioner" means (i) a physician
2		assistant who has been delegated authority to prescribe through
3		a written delegation of authority by a physician licensed to
4		practice medicine in all of its branches, in accordance with
5		Section 7.5 of the Physician Assistant Practice Act of 1987,
6		(ii) an advanced practice nurse who has been delegated
7		authority to prescribe through a written delegation of
8		authority by a physician licensed to practice medicine in all
9		of its branches or by a podiatric physician, in accordance with
10		Section 65-40 of the Nurse Practice Act, (iii) an advanced
11		practice nurse certified as a nurse practitioner, nurse
12		midwife, or clinical nurse specialist who has been granted
13		authority to prescribe by a hospital affiliate in accordance
14		with Section 65-45 of the Nurse Practice Act, (iv) an animal
15		euthanasia agency, or (v) (iv) a prescribing psychologist.
16		(aa) "Narcotic drug" means any of the following, whether
17		produced directly or indirectly by extraction from substances
18		of vegetable origin, or independently by means of chemical
19		synthesis, or by a combination of extraction and chemical
20		synthesis:
21		(1) opium, opiates, derivatives of opium and opiates,
22		including their isomers, esters, ethers, salts, and salts
23		of isomers, esters, and ethers, whenever the existence of
24		such isomers, esters, ethers, and salts is possible within
25		the specific chemical designation; however the term
26		"narcotic drug" does not include the isoquinoline

HB0421 Engrossed - 172 - LRB099 05828 HAF 25872 b
1		alkaloids of opium;
2		(2) (blank);
3		(3) opium poppy and poppy straw;
4		(4) coca leaves, except coca leaves and extracts of
5		coca leaves from which substantially all of the cocaine and
6		ecgonine, and their isomers, derivatives and salts, have
7		been removed;
8		(5) cocaine, its salts, optical and geometric isomers,
9		and salts of isomers;
10		(6) ecgonine, its derivatives, their salts, isomers,
11		and salts of isomers;
12		(7) any compound, mixture, or preparation which
13		contains any quantity of any of the substances referred to
14		in subparagraphs (1) through (6).
15		(bb) "Nurse" means a registered nurse licensed under the
16		Nurse Practice Act.
17		(cc) (Blank).
18		(dd) "Opiate" means any substance having an addiction
19		forming or addiction sustaining liability similar to morphine
20		or being capable of conversion into a drug having addiction
21		forming or addiction sustaining liability.
22		(ee) "Opium poppy" means the plant of the species Papaver
23		somniferum L., except its seeds.
24		(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
25		solution or other liquid form of medication intended for
26		administration by mouth, but the term does not include a form

HB0421 Engrossed - 173 - LRB099 05828 HAF 25872 b
1		of medication intended for buccal, sublingual, or transmucosal
2		administration.
3		(ff) "Parole and Pardon Board" means the Parole and Pardon
4		Board of the State of Illinois or its successor agency.
5		(gg) "Person" means any individual, corporation,
6		mail-order pharmacy, government or governmental subdivision or
7		agency, business trust, estate, trust, partnership or
8		association, or any other entity.
9		(hh) "Pharmacist" means any person who holds a license or
10		certificate of registration as a registered pharmacist, a local
11		registered pharmacist or a registered assistant pharmacist
12		under the Pharmacy Practice Act.
13		(ii) "Pharmacy" means any store, ship or other place in
14		which pharmacy is authorized to be practiced under the Pharmacy
15		Practice Act.
16		(ii-5) "Pharmacy shopping" means the conduct prohibited
17		under subsection (b) of Section 314.5 of this Act.
18		(ii-10) "Physician" (except when the context otherwise
19		requires) means a person licensed to practice medicine in all
20		of its branches.
21		(jj) "Poppy straw" means all parts, except the seeds, of
22		the opium poppy, after mowing.
23		(kk) "Practitioner" means a physician licensed to practice
24		medicine in all its branches, dentist, optometrist, podiatric
25		physician, veterinarian, scientific investigator, pharmacist,
26		physician assistant, advanced practice nurse, licensed

HB0421 Engrossed - 174 - LRB099 05828 HAF 25872 b
1		practical nurse, registered nurse, hospital, laboratory, or
2		pharmacy, or other person licensed, registered, or otherwise
3		lawfully permitted by the United States or this State to
4		distribute, dispense, conduct research with respect to,
5		administer or use in teaching or chemical analysis, a
6		controlled substance in the course of professional practice or
7		research.
8		(ll) "Pre-printed prescription" means a written
9		prescription upon which the designated drug has been indicated
10		prior to the time of issuance; the term does not mean a written
11		prescription that is individually generated by machine or
12		computer in the prescriber's office.
13		(mm) "Prescriber" means a physician licensed to practice
14		medicine in all its branches, dentist, optometrist,
15		prescribing psychologist licensed under Section 4.2 of the
16		Clinical Psychologist Licensing Act with prescriptive
17		authority delegated under Section 4.3 of the Clinical
18		Psychologist Licensing Act, podiatric physician, or
19		veterinarian who issues a prescription, a physician assistant
20		who issues a prescription for a controlled substance in
21		accordance with Section 303.05, a written delegation, and a
22		written supervision agreement required under Section 7.5 of the
23		Physician Assistant Practice Act of 1987, or an advanced
24		practice nurse with prescriptive authority delegated under
25		Section 65-40 of the Nurse Practice Act and in accordance with
26		Section 303.05, a written delegation, and a written

HB0421 Engrossed - 175 - LRB099 05828 HAF 25872 b
1		collaborative agreement under Section 65-35 of the Nurse
2		Practice Act, or an advanced practice nurse certified as a
3		nurse practitioner, nurse midwife, or clinical nurse
4		specialist who has been granted authority to prescribe by a
5		hospital affiliate in accordance with Section 65-45 of the
6		Nurse Practice Act and in accordance with Section 303.05.
7		(nn) "Prescription" means a written, facsimile, or oral
8		order, or an electronic order that complies with applicable
9		federal requirements, of a physician licensed to practice
10		medicine in all its branches, dentist, podiatric physician or
11		veterinarian for any controlled substance, of an optometrist
12		for a Schedule II, III, IV, or V controlled substance in
13		accordance with Section 15.1 of the Illinois Optometric
14		Practice Act of 1987, of a prescribing psychologist licensed
15		under Section 4.2 of the Clinical Psychologist Licensing Act
16		with prescriptive authority delegated under Section 4.3 of the
17		Clinical Psychologist Licensing Act, of a physician assistant
18		for a controlled substance in accordance with Section 303.05, a
19		written delegation, and a written supervision agreement
20		required under Section 7.5 of the Physician Assistant Practice
21		Act of 1987, or of an advanced practice nurse with prescriptive
22		authority delegated under Section 65-40 of the Nurse Practice
23		Act who issues a prescription for a controlled substance in
24		accordance with Section 303.05, a written delegation, and a
25		written collaborative agreement under Section 65-35 of the
26		Nurse Practice Act, or of an advanced practice nurse certified

HB0421 Engrossed - 176 - LRB099 05828 HAF 25872 b
1		as a nurse practitioner, nurse midwife, or clinical nurse
2		specialist who has been granted authority to prescribe by a
3		hospital affiliate in accordance with Section 65-45 of the
4		Nurse Practice Act and in accordance with Section 303.05 when
5		required by law.
6		(nn-5) "Prescription Information Library" (PIL) means an
7		electronic library that contains reported controlled substance
8		data.
9		(nn-10) "Prescription Monitoring Program" (PMP) means the
10		entity that collects, tracks, and stores reported data on
11		controlled substances and select drugs pursuant to Section 316.
12		(oo) "Production" or "produce" means manufacture,
13		planting, cultivating, growing, or harvesting of a controlled
14		substance other than methamphetamine.
15		(pp) "Registrant" means every person who is required to
16		register under Section 302 of this Act.
17		(qq) "Registry number" means the number assigned to each
18		person authorized to handle controlled substances under the
19		laws of the United States and of this State.
20		(qq-5) "Secretary" means, as the context requires, either
21		the Secretary of the Department or the Secretary of the
22		Department of Financial and Professional Regulation, and the
23		Secretary's designated agents.
24		(rr) "State" includes the State of Illinois and any state,
25		district, commonwealth, territory, insular possession thereof,
26		and any area subject to the legal authority of the United

HB0421 Engrossed - 177 - LRB099 05828 HAF 25872 b
1		States of America.
2		(rr-5) "Stimulant" means any drug that (i) causes an
3		overall excitation of central nervous system functions, (ii)
4		causes impaired consciousness and awareness, and (iii) can be
5		habit-forming or lead to a substance abuse problem, including
6		but not limited to amphetamines and their analogs,
7		methylphenidate and its analogs, cocaine, and phencyclidine
8		and its analogs.
9		(ss) "Ultimate user" means a person who lawfully possesses
10		a controlled substance for his or her own use or for the use of
11		a member of his or her household or for administering to an
12		animal owned by him or her or by a member of his or her
13		household.
14		(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,
15		eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;
16		revised 10-1-14.)
17		(720 ILCS 570/303.05)
18		Sec. 303.05. Mid-level practitioner registration.
19		(a) The Department of Financial and Professional
20		Regulation shall register licensed physician assistants,
21		licensed advanced practice nurses, and prescribing
22		psychologists licensed under Section 4.2 of the Clinical
23		Psychologist Licensing Act to prescribe and dispense
24		controlled substances under Section 303 and euthanasia
25		agencies to purchase, store, or administer animal euthanasia

HB0421 Engrossed - 178 - LRB099 05828 HAF 25872 b
1		drugs under the following circumstances:
2		(1) with respect to physician assistants,
3		(A) the physician assistant has been delegated
4		written authority to prescribe any Schedule III
5		through V controlled substances by a physician
6		licensed to practice medicine in all its branches in
7		accordance with Section 7.5 of the Physician Assistant
8		Practice Act of 1987; and the physician assistant has
9		completed the appropriate application forms and has
10		paid the required fees as set by rule; or
11		(B) the physician assistant has been delegated
12		authority by a supervising physician licensed to
13		practice medicine in all its branches to prescribe or
14		dispense Schedule II controlled substances through a
15		written delegation of authority and under the
16		following conditions:
17		(i) Specific Schedule II controlled substances
18		by oral dosage or topical or transdermal
19		application may be delegated, provided that the
20		delegated Schedule II controlled substances are
21		routinely prescribed by the supervising physician.
22		This delegation must identify the specific
23		Schedule II controlled substances by either brand
24		name or generic name. Schedule II controlled
25		substances to be delivered by injection or other
26		route of administration may not be delegated;

HB0421 Engrossed - 179 - LRB099 05828 HAF 25872 b
1		(ii) any delegation must be of controlled
2		substances prescribed by the supervising
3		physician;
4		(iii) all prescriptions must be limited to no
5		more than a 30-day supply, with any continuation
6		authorized only after prior approval of the
7		supervising physician;
8		(iv) the physician assistant must discuss the
9		condition of any patients for whom a controlled
10		substance is prescribed monthly with the
11		delegating physician;
12		(v) the physician assistant must have
13		completed the appropriate application forms and
14		paid the required fees as set by rule;
15		(vi) the physician assistant must provide
16		evidence of satisfactory completion of 45 contact
17		hours in pharmacology from any physician assistant
18		program accredited by the Accreditation Review
19		Commission on Education for the Physician
20		Assistant (ARC-PA), or its predecessor agency, for
21		any new license issued with Schedule II authority
22		after the effective date of this amendatory Act of
23		the 97th General Assembly; and
24		(vii) the physician assistant must annually
25		complete at least 5 hours of continuing education
26		in pharmacology;

HB0421 Engrossed - 180 - LRB099 05828 HAF 25872 b
1		(2) with respect to advanced practice nurses,
2		(A) the advanced practice nurse has been delegated
3		authority to prescribe any Schedule III through V
4		controlled substances by a collaborating physician
5		licensed to practice medicine in all its branches or a
6		collaborating podiatric physician in accordance with
7		Section 65-40 of the Nurse Practice Act. The advanced
8		practice nurse has completed the appropriate
9		application forms and has paid the required fees as set
10		by rule; or
11		(B) the advanced practice nurse has been delegated
12		authority by a collaborating physician licensed to
13		practice medicine in all its branches or collaborating
14		podiatric physician to prescribe or dispense Schedule
15		II controlled substances through a written delegation
16		of authority and under the following conditions:
17		(i) specific Schedule II controlled substances
18		by oral dosage or topical or transdermal
19		application may be delegated, provided that the
20		delegated Schedule II controlled substances are
21		routinely prescribed by the collaborating
22		physician or podiatric physician. This delegation
23		must identify the specific Schedule II controlled
24		substances by either brand name or generic name.
25		Schedule II controlled substances to be delivered
26		by injection or other route of administration may

HB0421 Engrossed - 181 - LRB099 05828 HAF 25872 b
1		not be delegated;
2		(ii) any delegation must be of controlled
3		substances prescribed by the collaborating
4		physician or podiatric physician;
5		(iii) all prescriptions must be limited to no
6		more than a 30-day supply, with any continuation
7		authorized only after prior approval of the
8		collaborating physician or podiatric physician;
9		(iv) the advanced practice nurse must discuss
10		the condition of any patients for whom a controlled
11		substance is prescribed monthly with the
12		delegating physician or podiatric physician or in
13		the course of review as required by Section 65-40
14		of the Nurse Practice Act;
15		(v) the advanced practice nurse must have
16		completed the appropriate application forms and
17		paid the required fees as set by rule;
18		(vi) the advanced practice nurse must provide
19		evidence of satisfactory completion of at least 45
20		graduate contact hours in pharmacology for any new
21		license issued with Schedule II authority after
22		the effective date of this amendatory Act of the
23		97th General Assembly; and
24		(vii) the advanced practice nurse must
25		annually complete 5 hours of continuing education
26		in pharmacology;

HB0421 Engrossed - 182 - LRB099 05828 HAF 25872 b
1		(2.5) with respect to advanced practice nurses
2		certified as nurse practitioners, nurse midwives, or
3		clinical nurse specialists practicing in a hospital
4		affiliate,
5		(A) the advanced practice nurse certified as a
6		nurse practitioner, nurse midwife, or clinical nurse
7		specialist has been granted authority to prescribe any
8		Schedule II through V controlled substances by the
9		hospital affiliate upon the recommendation of the
10		appropriate physician committee of the hospital
11		affiliate in accordance with Section 65-45 of the Nurse
12		Practice Act, has completed the appropriate
13		application forms, and has paid the required fees as
14		set by rule; and
15		(B) an advanced practice nurse certified as a nurse
16		practitioner, nurse midwife, or clinical nurse
17		specialist has been granted authority to prescribe any
18		Schedule II controlled substances by the hospital
19		affiliate upon the recommendation of the appropriate
20		physician committee of the hospital affiliate, then
21		the following conditions must be met:
22		(i) specific Schedule II controlled substances
23		by oral dosage or topical or transdermal
24		application may be designated, provided that the
25		designated Schedule II controlled substances are
26		routinely prescribed by advanced practice nurses

HB0421 Engrossed - 183 - LRB099 05828 HAF 25872 b
1		in their area of certification; this grant of
2		authority must identify the specific Schedule II
3		controlled substances by either brand name or
4		generic name; authority to prescribe or dispense
5		Schedule II controlled substances to be delivered
6		by injection or other route of administration may
7		not be granted;
8		(ii) any grant of authority must be controlled
9		substances limited to the practice of the advanced
10		practice nurse;
11		(iii) any prescription must be limited to no
12		more than a 30-day supply;
13		(iv) the advanced practice nurse must discuss
14		the condition of any patients for whom a controlled
15		substance is prescribed monthly with the
16		appropriate physician committee of the hospital
17		affiliate or its physician designee; and
18		(v) the advanced practice nurse must meet the
19		education requirements of this Section;
20		(3) with respect to animal euthanasia agencies, the
21		euthanasia agency has obtained a license from the
22		Department of Financial and Professional Regulation and
23		obtained a registration number from the Department; or
24		(4) with respect to prescribing psychologists, the
25		prescribing psychologist has been delegated authority to
26		prescribe any nonnarcotic Schedule III through V

HB0421 Engrossed - 184 - LRB099 05828 HAF 25872 b
1		controlled substances by a collaborating physician
2		licensed to practice medicine in all its branches in
3		accordance with Section 4.3 of the Clinical Psychologist
4		Licensing Act, and the prescribing psychologist has
5		completed the appropriate application forms and has paid
6		the required fees as set by rule.
7		(b) The mid-level practitioner shall only be licensed to
8		prescribe those schedules of controlled substances for which a
9		licensed physician or licensed podiatric physician has
10		delegated prescriptive authority, except that an animal
11		euthanasia agency does not have any prescriptive authority. A
12		physician assistant and an advanced practice nurse are
13		prohibited from prescribing medications and controlled
14		substances not set forth in the required written delegation of
15		authority.
16		(c) Upon completion of all registration requirements,
17		physician assistants, advanced practice nurses, and animal
18		euthanasia agencies may be issued a mid-level practitioner
19		controlled substances license for Illinois.
20		(d) A collaborating physician or podiatric physician may,
21		but is not required to, delegate prescriptive authority to an
22		advanced practice nurse as part of a written collaborative
23		agreement, and the delegation of prescriptive authority shall
24		conform to the requirements of Section 65-40 of the Nurse
25		Practice Act.
26		(e) A supervising physician may, but is not required to,

HB0421 Engrossed - 185 - LRB099 05828 HAF 25872 b
1		delegate prescriptive authority to a physician assistant as
2		part of a written supervision agreement, and the delegation of
3		prescriptive authority shall conform to the requirements of
4		Section 7.5 of the Physician Assistant Practice Act of 1987.
5		(f) Nothing in this Section shall be construed to prohibit
6		generic substitution.
7		(Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11;
8		97-813, eff. 7-13-12; 98-214, eff. 8-9-13; 98-668, eff.
9		6-25-14.)
10		Section 999. Effective date. This Act takes effect upon
11		becoming law.