Rep. Dave Severin

Amends the Community Mental Health Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 405 ILCS 20/0.1 from Ch. 91 1/2, par. 300.1 Adds reference to: 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 Replaces everything after the enacting clause. Amends the Medical Patient Rights Act. Removes language providing that nothing in the Act shall restrict the ability of a health care facility to regulate the hours of visitation, the number of visitors per patient or the movement of visitors within the facility. Provides that, during a period for which the Governor has issued a proclamation declaring that a disaster exists or in the event of an outbreak or epidemic of a communicable disease in the community in which the health care facility is located, a health care facility shall ensure an opportunity for at least one visitor, not counting a clergy person, to visit a resident or patient of the health care facility. Requires visitation to be subject to the guidelines, conditions, and limitations of the health care facility's visitation policy and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that visitors may be required by the health care facility to submit to health screenings necessary to prevent the spread of infectious disease. Provides that a health care facility may restrict a visitor who does not pass its health screening requirement and require a visitor to adhere to infection control procedures. Provides that a health care facility may deny visitation under the Act if the situation demands. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Authorizes a skilled nursing home, extended care facility, or intermediate care facility to prohibit an individual from visiting a resident or patient of the nursing home or facility if specific facts demonstrate that the individual would endanger his or her physical health or safety or the health or safety of a resident, patient, or health care worker of the nursing home or facility. Requires such a denial to be in writing and provided to the individual and the resident or patient with whom the individual was denied visitation. Requires each skilled nursing home, extended care facility, and intermediate care facility to inform each resident of the nursing home or facility (or that individual's representative) of the resident's visitation rights and the facility's visitation-related policies and procedures. Specifies that these nursing homes and facilities must not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability. Requires the nursing homes and facilities to ensure that all visitors enjoy full and equal visitation privileges, consistent with the residents' preferences.

Amends the Technology Advancement and Development Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 700/1001 Adds reference to: 20 ILCS 505/21.6 new Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a child protective investigator is authorized to carry and use personal protection spray devices, such as mace, pepper mace, or pepper gas, for self-defense purposes while investigating a report of child abuse or neglect if the child protective investigator has been trained on the proper use of such personal protection spray devices by the Illinois State Police. Requires the Illinois State Police to establish a training program for child protective investigators on the proper use of personal protection spray devices for self-defense purposes. Requires the Department of Children and Family Services to provide funding for the training program. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a front-line staff member is authorized to carry and use personal protection spray devices, as defined, for self-defense purposes while investigating a report of child abuse or neglect if the front-line staff member has been trained on the proper use of such personal protection spray devices by the Department of Children and Family Services, in consultation with the Illinois State Police. Provides that by January 1, 2023, the Department, in consultation with the Illinois State Police, shall (i) identify a list of approved personal protection spray devices and (ii) jointly develop and approve a training curriculum and program for front-line staff members on the proper use of such personal protection spray devices for self-defense purposes. Requires the Department to provide funding for the training program. Sets forth specific circumstances under which a front-line staff member may use a personal protection spray device including if the front-line staff member: (i) reasonably believes that use is necessary to protect the staff member from an imminent physical assault posed by another person; (ii) uses the device to incapacitate a person attempting a physical assault in order to avoid imminent physical harm and to facilitate escape from danger when there is no other alternative available to the front-line staff member; and (iii) except in exigent circumstances, has issued a verbal warning to persons in close proximity to the spray area. Provides that a front-line staff member's use of personal protection spray devices during the performance of his or her professional duties in any manner other than as expressly authorized under the amendatory Act shall be prohibited by Department policy. Provides that whenever a front-line staff member discharges a personal protection spray device, the front-line staff member shall complete an incident report. Provides that, following the discharge of a personal protection spray device that results in exposure, the front-line staff member shall notify his or her supervisor and, if appropriate, call 9-1-1 for emergency response or responders as soon as reasonably practical and when safe to do so. Requires the Department to annually report and publish on its website, beginning January 1, 2024, the number of front-line staff members trained to carry personal protection spray devices, the number of front-line staff members reporting personal protection spray devices and the make or model of the devices, and the number of reported uses of personal protection spray devices by service region. Provides that, in addition, the Department shall report each incident involving the deployment of a personal protection spray device that occurred during the preceding calendar year, including: (1) the estimated age, gender, and race of the intended target of the personal protection spray device; (2) whether there were injuries to the intended target resulting from the deployment of the personal protection spray device; (3) the age, gender, and race of the front-line staff member who utilized the personal protection spray device; and (4) whether there were injuries to the front-line staff member resulting from the incident. Requires the Department to also report yearly data on the number of personal protection spray device deployments found to be against Department policy. Effective immediately.

Amends the Illinois Controlled Substances Act. Provides that the requirements for transmitting information to the central repository under the Prescription Monitoring Program also apply to opioid treatment programs that prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorder. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Provides that specified requirements also apply to opioid treatment programs that are licensed or certified by the Department of Human Services' Division of Substance Use Prevention and Recovery and are authorized by the federal Drug Enforcement Administration to prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorders. Requires opioid treatment programs to attempt to obtain written patient consent, document attempts to obtain the written consent, and not transmit information without patient consent. Provides that the documentation obtained shall not be utilized for law enforcement purposes. Provides that treatment of a patient shall not be conditioned upon his or her written consent. Makes other changes. Senate Floor Amendment No. 1 Deletes reference to: 720 ILCS 570/316 Adds reference to: 720 ILCS 5/19-2 from Ch. 38, par. 19-2 Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that commission of possession of burglary tools includes when a person, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use or possession of the key to the motor vehicle; or (2) capture or duplicate a signal from the key fob of a motor vehicle to unlock or start the motor vehicle without the use or possession of the key to the motor vehicle.

Amends the Children and Family Services Act. Provides that all youth in care shall be assigned a mental health provider to manage their mental health care needs. Requires a youth's mental health provider to visit the youth and conduct a well-being assessment within 30 days after the youth is removed from his or her home and placed in the temporary custody or guardianship of the Department of Children and Family Services. Provides that additional follow-up visits and well-being checks shall be scheduled and conducted until the youth is no longer under the custody or guardianship of the Department. Provides that any mental health care services provided to the youth shall be in addition to any care or services the youth receives from his or her primary care provider. Grants the Department rulemaking authority. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Creates the Holistic Mental Health Care for Youth in Care Task Force. Requires the Task Force to review and make recommendations regarding mental health and wellness services provided to youth in care, including a program of holistic mental health services provided 30 days after the date upon which a youth is placed in foster care, in order to determine how to best meet the mental health needs of youth in care. Provides that the Task Force shall also assess the capacity of State licensed mental health professionals to provide preventive mental health care to youth in care; review the current payment rates for mental health providers serving the youth in care population; evaluate the recruitment and retention of mental health providers who are persons of color to serve the youth in care population; and perform other specified duties. Provides that the Task Force shall consist of 9 members and that members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. Requires the Task Force to meet at least once each month beginning no later than July 1, 2022 and at other times as determined by the Task Force. Provides that the Task Force may hold electronic meetings and a member of the Task Force shall be deemed present for the purposes of establishing a quorum and voting. Provides that the Department of Healthcare and Family Services, in conjunction with the Department of Children and Family Services, shall provide the Task Force with administrative support. Requires the Task Force to prepare and submit to the Governor and the General Assembly at the end of each quarter a report that summarizes its work and makes recommendations resulting from its study. Effective immediately. Fiscal Note, House Floor Amendment No. 1 (Dept. of Children & Family Services) There is no material cost to this legislation. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes: Provides that the Task Force shall include: (i) a member appointed by the Governor from the Office of the Governor who has a focus on mental health issues, (rather than a member from the Office of the Governor who has a focus on mental health issues); (ii) one member who is a former youth in care, appointed by the Governor (rather than one member who is a former youth in care recommended by the Illinois Chapter of the Foster Care Alumni of America); and (iii) one representative from the managed care entity managing the YouthCare program, appointed by (rather than recommended by) the Director of Healthcare and Family Services. Requires the Task Force to submit its final report to the Governor and the General Assembly no later than December 31, 2024. Provides that upon submission of its final report, the Task Force is dissolved.

Amends the Loan Repayment Assistance for Physicians Act. To address the shortage of obstetrical services in rural communities, provides that a physician who provides obstetrical care and works at a privately owned rural health clinic in this State may qualify for assistance under the Act if all other established criteria are met. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 110 ILCS 949/27 new Adds reference to: 20 ILCS 2310/2310-220 was 20 ILCS 2310/55.73 110 ILCS 935/1 from Ch. 144, par. 1451 110 ILCS 935/3.04 from Ch. 144, par. 1453.04 110 ILCS 935/3.09 110 ILCS 970/1-20 from Ch. 144, par. 2781-20 110 ILCS 980/3 from Ch. 144, par. 2703 305 ILCS 5/12-4.24a from Ch. 23, par. 12-4.24a Replaces everything after the enacting clause. Amends the Underserved Physician Workforce Act. Provides that the Act may be cited as the Underserved Health Care Provider Workforce Act (rather than the Underserved Physician Workforce Act). Adds a government-owned, privately owned, independent, or provider-based Rural Health Clinic or hospital that accepts Medicaid patients and assists patients who are uninsured to qualify for Medicaid or develop a discount payment plan to the definition of "designated shortage area". Makes changes to the definition of "eligible health care provider". Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the Nurses in Advancement Law, the Private Medical Scholarship Agreement Act, and the Illinois Public Aid Code to make related changes. Effective immediately. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1, with the following changes. With respect to the definition of "Designated Shortage Area" in the Underserved Physician Workforce Act, adds a government-owned, privately owned, independent, or provider-based Rural Health Clinic or hospital that accepts Medicaid, Medicare, the State's Children's Health Insurance Program, private insurance, and self-pay (rather than a government-owned, privately owned, independent, or provider-based Rural Health Clinic or hospital that accepts Medicaid patients and assists patients who are uninsured to qualify for Medicaid or develop a discount payment plan, or both, according to financial need). Changes the definition of "eligible health care provider" to mean a primary care physician, general surgeon, emergency medicine physician, obstetrician, advanced practice registered nurse, or physician assistant who accepts Medicaid, Medicare, the State's Children's Health Insurance Program, private insurance, and self-pay (rather than a primary care physician, general surgeon, emergency medicine physician, obstetrician, advanced practice registered nurse, or physician assistant who accepts Medicaid patients or develops a discount payment plan, or both, for patients according to financial need). Effective immediately.

Amends the Downstate Police Article of the Illinois Pension Code. In a provision that disqualifies a surviving spouse from receiving survivors benefits if the police officer marries after retirement, provides that the provision does not disqualify a surviving spouse from receiving a survivor's pension if (i) the police officer was married to the surviving spouse for at least 12 months prior to the death of the police officer and (ii) the surviving spouse has attained age 62. Provides that the benefit shall begin to accrue on the effective date of the amendatory Act or the first day of the month following the police officer's death, whichever is later. Provides that the benefits for such a surviving spouse shall terminate no later than 15 years after the benefits begin to accrue. Provides that the changes apply without regard to whether the police officer was in active service on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement by the State. House Floor Amendment No. 1 Changes from 12 months to 5 years the amount of time a police officer must have been married to the surviving spouse for the surviving spouse to receive a survivor's pension.

Amends the School Code. Adds a special education cooperative that dissolves or reorganizes to provisions concerning the continued employment of educational support personnel employees in a new, annexing, or receiving school district. Provides that with respect to a special education cooperative reorganization, the contractual continued service status of a teacher transfers to the new or different board. Amends the Workers' Compensation Act. Provides that it is unlawful for an employer to demote an employee because of the exercise of his or her rights or remedies under the Act. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 820 ILCS 305/4 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Makes corresponding changes concerning the addition of a special education cooperative that dissolves or reorganizes to provisions concerning the continued employment of educational support personnel employees in a new, annexing, or receiving school district and in provisions specifying that, with respect to a special education cooperative reorganization, the contractual continued service status of a teacher transfers to the new or different board. Provides that, in the case of a special education cooperative that dissolves or reorganizes, the districts that are parties to the joint agreement shall follow specified procedures. Removes changes to the Workers' Compensation Act. Effective immediately. Senate Floor Amendment No. 2 In provisions concerning contractual continued service, provides that if, by reason of a special education cooperative reorganization or dissolution (rather than by reason of a special education cooperative reorganization), the position held by any teacher having a contractual continued service status is transferred from one board to the control of a new or different board, then the contractual continued service status of the teacher is not thereby lost.

Amends the School Code. Requires the school board of each school district to grant full-time employees of the district 5 mental health days each school year at full pay. Provides that the employee is not required to provide a medical note or other documentation to use the mental health day. Provides that used and uncompensated mental health days are not eligible for pensionable service credit under the Illinois Pension Code. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/24-6.5 new Adds reference to: 105 ILCS 5/24-6 Replaces everything after the enacting clause. Amends the School Code. In provisions concerning sick leave for full-time teachers and eligible employees, adds mental or behavioral health complications to the enumerated interpretations of sick leave. Adds that the school board may require a certificate from a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 105 ILCS 5/34-18.78 new Adds provisions to the bill as amended by Senate Amendment No. 1. Amends the Chicago School District Article of the School Code. Provides that, in addition to any interpretation or definition included in a collective bargaining agreement or board of education or district policy, sick leave, or its equivalent, to which a teacher or other eligible employee is entitled shall be interpreted to include mental or behavioral health complications. Provides that, unless contrary to a collective bargaining agreement or board of education or district policy, the board may require a certificate from a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee as a basis for pay during leave after an absence of 3 days for mental or behavioral health complications. Effective immediately.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Modifies requirements concerning entrepreneurship assistance centers to include assistance to youth entrepreneurs. Defines "youth entrepreneur". Makes conforming changes.

Amends the Illinois Vehicle Code. Provides that no registration fee for a Gold Star license plate shall be required from a child (in addition to a surviving widow, widower, or parent) of a person who served in the Armed Forces of the United States and lost his or her life while serving on active duty (instead of "while in service while in wartime"). House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that the Secretary of State shall issue Gold Star license plates to any Illinois resident who is a surviving widow, widower, parent, child, stepchild, child through adoption, brother, half-brother, sister, or half-sister (rather than only a surviving widow, sibling, daughter, son, or parent) of a person who served in the Armed Forces of the United States and lost his or her life while serving in peacetime or war. Provides that no registration fee for a Gold Star license plate shall be required from children of persons who served in the Armed Forces of the United States and who lost their lives while serving during time-specified armed hostilities, military operations, and terrorist attacks (instead of "while in service while in wartime").