Emergency
First Notice | Second
Notice
Adopted | Regulatory Agenda | Withdrawn
The following are summaries of rules recently filed by IDPH; they are at various stages in the rulemaking process. The emergency and proposed rules listed here have been or soon will be published by the Secretary of State in the Illinois Register. Click on the name of the rule to view the full text. In viewing the full text, new language added to a current rule would be shown by underscoring and deleted language would be shown with 'Emergency rules' are effective upon filing with the Secretary of State, for a maximum of 150 days. The public may submit comments to the Department during the 150-day effective period of the emergency rules. The 'proposed' rules have no legal effect until after they have been through the first and second notice periods; are adopted by the Department and filed with the Secretary of State's Office. The public may submit comments to the Department during the first-notice period of the proposed rules. The adopted rules may differ from those originally published. DISCLAIMER: The texts of rules provided in the Illinois Department of Public Health Web site are intended for the convenience of interested persons. The provisions have NOT been edited for publication, and are NOT in any sense the "official" text of the proposed rules as published in print form by the Secretary of State. The accuracy of any specific provision originating from this site cannot be assured, and you are urged to consult the official documents or contact legal counsel of your choice. This site should not be cited as an official or authoritative source. Amendments, court decisions and other proceedings may affect the text, interpretation, validity and constitutionality of the laws and rules. In addition to the print version of the rules published by the Secretary of State, the official Illinois Register and Illinois Administrative Code also are available online (after publication in the Illinois Register) at the Illinois General Assembly's web site from the Joint Committee on Administrative Rules at: http://www.ilga.gov/commission/jcar/default.htm. |
First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn
AIDS Drug Assistance Program Illinois Register Citation: 35 Ill. Reg. 16105 Date Published: October 7, 2011 Effective Date: September 26, 2011 Expiration Date: February 22, 2011 JCAR Meeting: November 8, 2011
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The Illinois Department of Public Health administers the AIDS Drug Assistance Program (ADAP), which currently serves on average 4,235 clients each month, accessing an average of 141,100 prescriptions annually. The program is funded through two primary funding streams; federal funding through the Ryan White Care Act (The legislation was first enacted in 1990) administered through the United States Health Resources and Services Administration (HRSA); and State general revenue. As of June 1, 2011, ADAP provides 81 different drugs on its formulary, including all anti-retroviral therapies approved by the U.S. Food and Drug Administration. Clients have a benefit cap of $2,000 per month, except for 3 drugs in Category V, which is sufficient to support triple and quadruple combination therapies. These drug combinations have been successful in treating persons with HIV infection; including the treatment of opportunistic infections frequently associated with HIV; drug treatment adherence; and have been credited with dramatic prolonging of life for individuals infected with HIV. Currently the ADAP program is operating out of compliance of the Health Resources and Service Administration (HRSA) grant requirements. Grant requirements state that ADAP enrollment needs to be conducted at six-month intervals, and the current rules require 12-month intervals. To be compliant with the multi-million dollar federal grant and not face potential financial penalty, HRSA is requiring the Department to abide by their grant requirements. If the State does not comply, funding could be withheld, forcing the program not to fill life-saving drug prescriptions for thousands of Illinois residents who are HIV infected. In addition, the discontinuation of services would have an impact on two large contracts, including the Department’s dispensing pharmacy and wholesaler. The current HRSA award to the Department is approximately $36 million with an additional $18 million of General Revenue Funds (GRF) to supplement the cost of the ADAP program. Section 5-45 of the Illinois Administrative Procedure Act (IAPA) defines an “emergency” as “the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare.” In addition, the situation “requires adoption of a rule upon fewer days than is required” under the regular rulemaking provisions of the IAPA. This situation constitutes an emergency because of the threat to the public interest, safety and welfare indicated by the potential loss of federal funding to provide life-prolonging medication to low-income individuals who have been diagnosed with AIDS/HIV. Since the majority of the funding for this program comes from federal dollars, it is crucial for the Department to make sure that its rules comply with the federal requirements that ensure continuation of the funding. The Department has been informed in federal fiscal year 2011 through notice of grant award that ADAP applicants are to be recertified every six months. The United States Health Resources and Services Administration has informed the Department that failure to comply with the six-month recertification policy would result in federal penalties, including loss of federal funding or repayment of previously awarded funds. The penalties would involve placing the program on “administrative draw down restrictions,” requiring reimbursement to the federal payer with GRF for those agencies which received federal funding and were not recertified in appropriate time parameters dictated by agreements. In the absence of these emergency amendments, the Department will not receive funding for the program, and could even face repaying funds that it has already received, resulting in the discontinuation of services to the Department’s ADAP clients. The prescription medications obtained through ADAP provide a vital public health service and essential medical care to individuals who would not otherwise be able to obtain these medications. The emergency rulemaking amends the rules for the Illinois AIDS Drug Assistance Program (ADAP) to reflect changes required in the Department’s federal grant. Definitions were also added to better explain these changes. The rules also reference new assistance programs in Illinois, including Medicare Part D, Extra Help, and Illinois Cares Rx. The Department is repealing Appendix A, as the guidelines for federal poverty level change annually. |
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Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn
Perinatal HIV Prevention Code Date Published: February 10, 2012 Illinois Register Citation: 36 Ill. Reg. 2060 Comment Period Expires: March 26, 2012 |
The Perinatal HIV Prevention Code will be updated and revised to correspond with new laboratory testing methodologies approved by the U.S. Food and Drug Administration, provide requirements for follow-up services during the perinatal period, and address the protection of confidential information. The sample written informed consent forms are repealed because the Act no longer requires that informed consent be provided in a written format. |
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Assisted Living and Shared Housing Establishment Code Date Published: February 3, 2012 Illinois Register Citation: 36 Ill. Reg. 1442 Comment Period Expires: March 19, 2012 |
The Assisted Living and Shared Housing Establishment Code is being amended to implement PA 93-141. This legislation amended the Assisted Living and Shared Housing Act to add a provision for floating licenses and to clarify requirements concerning care for residents with Alzheimer's disease and dementia, hospice care, and unlicensed establishments. The Alzheimer's and dementia, hospice care, and unlicensed establishments amendments were adopted on October 21, 2004 (28 Ill. Reg. 14593). For floating licenses, in this rulemaking, Section 295.200 (Definitions), Section 295.500
(Application for License), and Section 295.7010 (Establishment Records) are being Section 245.3040 is being amended to replace the existing text with a requirement that facilities comply with the Health Care Worker Background Check Act [225 ILCS 46] and the Health Care Worker Background Check Code (77 Ill. Adm. Code 955). Additionally, references to the Assisted Living and Shared Housing Standards and Quality of Life Advisory Board have been stricken because PA 96-975 eliminated the Advisory Board. |
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HIV/AIDS Confidentiality and Testing Code Date Published: January 27, 2012 Illinois Register Citation: 36 Ill. Reg. 960 Comment Period Expires: March 12, 2012 |
The HIV/AIDS Confidentiality and Testing Code will be updated and revised to correspond to new Centers for Disease Control and Prevention (CDC) standards/guidelines, new laboratory testing methodologies approved by the Food and Drug Administration (FDA), and new Illinois legislation. Archaic tests are being replaced. Examples of the revisions include: 697.30 (Incorporated Materials) cited guidelines and standards that have been replaced by current CDC recommendations; 697.20 (Definitions) has references to outmoded laboratory tests that have been replaced by other technologies with improved sensitivity and specificity; 697.120 (Informed Consent) Illinois legislation no longer requires separate written informed consent for HIV testing. Public Act 96-0007 amended the AIDS Confidentiality Act to state that informed consent may be written or verbal. Section 697.300 is being repealed, since HIV Counseling and Testing Centers are obsolete. The Centers for Disease Control and Prevention recommend universal HIV testing for anyone 13 to 64 years of age. Therefore, HIV testing is occurring in doctor’s offices, emergency rooms and local health department clinics. Early in the HIV epidemic the Department established special HIV Counseling and Testing Centers where residents could be tested anonymously. However, today the recommendation is to test everyone for HIV at least annually in a variety of clinic settings. Section 697, which was advisory, is being repealed. The appendices are being repealed, since written informed consent is no longer required. (See Section 197.120.) |
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Health Care Data Collection and Submission Code Date Published: January 27, 2012 Illinois Register Citation: 36 Ill. Reg. 1009 Comment Period Expires: March 12, 2012 |
These rules implement the Health Finance Reform Act as amended by Public Act 97-0180, effective January 1, 2012. The Health Care Data Collection and Submission Code requires individual hospitals and ambulatory surgical treatment centers to electronically submit claims and encounter data related to inpatient discharges and selected outpatient cases. Data collected from hospitals and ambulatory surgical treatment centers are used in part to compile the “Consumer Guide to Health Care” component of the Department’s Hospital Report Card web site, a report of conditions and procedures demonstrating the widest variation in charges and quality of care. National standard measures are applied to Illinois data in the development of this public report available on the Department’s web site. The “Consumer Guide to Health Care” includes inpatient and outpatient data with current comparison information related to, but not limited to, volume of cases, median charges, risk-adjusted mortality rates, complications and patient safety measures. The “Consumer Guide to Health Care” includes additional information appropriate for interpretation of report content, explanation of causes of variation from provider to provider and a description of standards that facilities meet under voluntary accreditation and state and federal law. The Department will evaluate additional methods of comparing the performance of hospitals and ambulatory surgical treatment centers using accepted national standard measures and methodologies. Data collected under PA 97-0180 shall be made available to government agencies, academic research organizations and private sector organizations for clinical performance measures and analyses. The Department of Public Health Powers and Duties Law of the Civil Administration Code of Illinois authorizes the Department to establish a fee schedule for the sale of this data to requesting agencies and organizations. |
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Control of Tuberculosis Code Date Published: January 20, 2012 Illinois Register Citation: 36 Ill. Reg. 772 Comment Period Expires: March 5, 2012 |
The current rules on tuberculosis (TB) cover the screening, treatment, testing, management and reporting requirements for persons with active or suspected TB disease or latent TB infection (LTBI). The current rules are based on the Department of Public Health Act and on the U.S. Centers for Disease Control and Prevention (CDC) guidelines, which have been updated or replaced since prior rule revisions, and do not include the established web-based reporting system. The proposed rulemaking updates the rules to be consistent with current regulations and guidelines, and removes all language that refers to non-mandated TB prevention and control activities or is solely descriptive of procedures or practices. The proposed rulemaking provides updated definitions to be consistent with current CDC guidelines; updates incorporated and referenced materials to include current federal regulations and guidelines; updates reporting requirements to include electronic submission of reports through the Illinois-National Electronic Disease Surveillance System (I-NEDSS) or other authorized web-based system by providers to the local TB control authority, and by local TB control authorities to the Department; and updates the roles of the Department and the local TB control authority to be consistent with the current Department of Public Health Act for enforcement purposes. The proposed rulemaking is needed because the current rule is not consistent with current federal guidelines, the current Department of Public Health Act, current communicable disease reporting practices, and current professional standards. New CDC guidelines related to TB screening, diagnosis and management of LTBI, diagnosis and management of active TB, TB infection control, TB contact investigation, and TB control in correctional settings have all been issued since the current rule was enacted. |
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Hospital Licensing Requirements Date Published: January 6, 2012 Illinois Register Citation: 36 Ill. Reg. 9 Comment Period Expires: February 20, 2012 |
The Hospital Licensing Requirements regulate hospitals, including all aspects of obstetric and neonatal care. This rulemaking updates Subpart O of the Hospital Licensing Requirements, which contains the Sections on obstetric and neonatal care, and obstetric departments. The amendments update the requirements to reflect current industry and regulatory standards. Additionally, a new Section, 250.1845, containing minimum requirements for caesarean births, is being added, and Section 250.1860 (Special Programs) is being repealed. Section 250.160 (Incorporated and Referenced Materials) is being amended to incorporate new industry standards and relevant State statutes and rules. In other amendments, Section 250.330 (Orders for Medications and Treatments) is being amended to add a 72-hour deadline for signing telephone orders, and Section 250. 1510 (Medical Records) is being amended to clarify who may authenticate telephone orders. Section 250.160 (Incorporated and Referenced Materials) is being updated to add professional guidelines to the list of private and professional association standards. |
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Illinois Health and Hazardous Substances Registry Date Published: January 6, 2012 Illinois Register Citation: 36 Ill. Reg. 84 Comment Period Expires: February 20, 2012 |
The amendments proposed for Subpart B pertaining to the Illinois State Cancer Registry (ISCR) clarify the methods of determining whether data are confidential and meet thresholds for data release. The amendments proposed for Subpart C pertaining to the Adverse Pregnancy Outcomes Reporting System (APORS) provide the mechanism for referral of cases to service-providing agencies and to clarify reporting requirements. The amendments proposed for Subpart D pertaining to the Occupational Disease Registry (ODR) lower the threshold for reporting adult cases of elevated blood lead to reflect the federal requirements for reporting and update operational processes for data collection. Appendix C is being repealed. The Department will be initiating an electronic reporting system, and reportable information is being added to the main portion of the rules. |
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Illinois Water Well and Pump Installation Contractor’s License Code Date Published: January 6, 2012 Illinois Register Citation: 36 Ill. Reg. 139 Comment Period Expires: February 20, 2012 |
New Sections are being added for Definitions and Referenced Materials. Section 915.10. The amendment specifies the documentation an applicant must provide in order to verify experience in the actual construction of water wells and the installation of water well pumps. This falls in line with the requirements of other licensing programs in the Division of Environmental Health. The Water Well and Pump Installation Contractor’s License Board commented that in the past some applicants did not have adequate experience to become licensed water well or pump installation contractors and that documentation must be provided by the applicant to verify such experience. A subsection is being added for the qualifications of the applicants. Subsection c) is being deleted since a character reference is already required as part of the employers affidavits in the application. Section 915.20. The amendment specifies that in order to pass an examination, an applicant would have to obtain a grade of not less than 70 in each part of the examination, rather than achieving an average grade of 75 for both parts of each examination. The minimum passing grade requirement of 70 would fall in line with most of the other licensing programs in the Division of Environmental Health. A subsection is being amended to clarify the parts of the examinations. A subsection is being added for refusal of an applicant to take an examination. A section is being added for the expiration, renewal, reinstatement, and restoration of licenses. Section 915.30 is being repealed because it contains information already set forth in the Authority Note. Section 915.80. The amendment increases the time period that requests for continuing education sessions must be submitted to the Department from 4 weeks to 60 days before any training session is presented. In the past, there was not enough time for both the Department and the Water Well Licensing Board to review and approve any request to present a continuing education session. Extending the time from 4 weeks to 60 days before the date the program begins will provide sufficient time for review and to make any required revisions. The amendment also establishes a time period of 30 days for the Department to approve a continuing education session before it is held. Safety hazards associated with the water well and pump installation industry were added as a continuing education topic. Previously, there were no topic guidelines toward planning an education session, specifically tailored to meet the separate training needs of licensed water well and pump installation contractors. A subsection was added to provide these guidelines. Language was added to clarify what information is needed in a request submitted for a continuing education session. To review a training session plan, the Department needs to know the intended audience for each topic and the procedures for verifying attendance. Sections are being added for the revocation or suspension of a license, enforcement for the revocation or suspension of a license, Administrative Hearings, and the names and addresses of licensed water well and pump installation contractors. |
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Sheltered Care Facilities Code Date Published: June 24, 2011 Illinois Register Citation: 35 Ill. Reg. 9957 Comment Period Expires: August 8, 2011 |
The Sheltered Care
Facilities Code regulates the administration of medications to residents, including Public Act 96-1372, passed by the General Assembly in 2010, overhauled many elements of care in the Nursing Home Care Act [210 ILCS 45]. Among the changes was a new requirement that the Department "adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused." The addition of new Section 330.1156 (Administration of Psychotropic Medications) implements this portion of PA 96-1372. These rules will be withdrawn. |
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Illinois Veterans' Homes Code Date Published: June 24, 2011 Illinois Register Citation: 35 Ill. Reg. 9979 Comment Period Expires: August 8, 2011 |
The Illinois Veterans'
Homes Code regulates the administration of medications to residents, including Public Act 96-1372, passed by the General Assembly in 2010, overhauled many elements of care in the Nursing Home Care Act [210 ILCS 45]. Among the changes was a new requirement that the Department "adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused." The addition of new Section 340.1615 (Administration of Psychotropic Medications) implements this portion of PA 96-1372. These rules will be withdrawn. |
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Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn
Health Care Employee Vaccination Code Date Published: October 14, 2011 Illinois Register Citation: 35 Ill. Reg. 16431 JCAR Meeting: March 6, 2012 |
Under the Health Care Employee Vaccination Code (77 Ill. Adm. Code 956), the Department may require any facility licensed by the Department to implement an influenza vaccination program for its employees. When Part 956 was adopted in May, 2010, long-term care facilities licensed under the MR/DD Community Care Act [210 ILCS 47] were omitted from the health care settings covered by Part 956 and listed in Section 956.10 (Definitions), and the MR/DD Community Care Act was not listed in Section 956.20 (Referenced Materials). This rulemaking fixes that omission, and also adds to those two Sections, respectively, facilities licensed under the Specialized Mental Health Rehabilitation Act [210 ILCS 48], and the Act itself, which was enacted by the General Assembly in 2011. |
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Emergency Medical Services and Trauma Center Code Date Published: November 14, 2011 Illinois Register Citation: 35 Ill. Reg. 18565 JCAR Meeting: February 7, 2012 |
The rules in Part 515 set forth requirements for Emergency Medical Services Systems, including licensing requirements for emergency medical technicians. Section 515.620 was added to the rules in 2011 to implement Public Act 96-1469, which amended the Emergency Medical Services (EMS) Systems Act to authorize the Department to suspend, revoke or refuse to issue or renew the licensee of any licensee who has been convicted of a Class X, Class 1, or Class 2 felony in Illinois or has been convicted of an equivalent offense in another state. Section 515.620 is being amended to add that failure to disclose felony convictions on an application shall be grounds for license denial or revocation. The amendment also states that the Department will have the authority to require that the applicant sign authorization permitting the Department to obtain a criminal history report from the Illinois State Police or other law enforcement agency at the applicant’s cost. |
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Skilled Nursing and Intermediate Care Facilities Code Date Published: June 24, 2011 Illinois Register Citation: 35 Ill. Reg. 9927 JCAR Meeting: March 6, 2012 |
The Skilled Nursing and Intermediate Care Facilities Code regulates the administration of medications to residents, including psychotropic medication, and the staff ratios for direct care staff. Public Act 96-1372, passed by the General Assembly in 2010, overhauled many elements of care in the Nursing Home Care Act [210 ILCS 45]. Among the changes was a new requirement that the Department "adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused." PA 96-1372 also updated the methodology for computing staff-to-resident ratios, especially direct care staff. Amendments to Section 300.1230 (Staffing), including changing its name to "Direct Care Staffing," implement these portions of PA 96-1372. Provisions concerning psychotropic medication have been removed and will be re-proposed. The economic effect of this proposed rulemaking is unknown. Therefore, the Department requests any information that would assist in calculating this effect. |
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AIDS Drug Assistance Program Date Published: October 7, 2011 Illinois Register Citation: 35 Ill. Reg. 15976 JCAR Meeting: February 7, 2012 |
This proposal is to amend the rules for the Illinois AIDS Drug Assistance Program (ADAP) to reflect changes required in the Department’s federal grant. Definitions were also added to better explain these changes. The rules also reference new assistance programs in Illinois including Medicare Part D, Extra Help, and Illinois Cares Rx. A new Section providing application requirements is being added. Appendix A is being repealed because federal poverty guidelines change annually. Second notice for these rules was extended to the February 7, 2012, JCAR meeting. |
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Emergency | First Notice | Second Notice | Regulatory Agenda | Withdrawn
Loan Repayment Assistance for Dentists Date Published: February 10, 2012 Illinois Register Citation: 36 Ill. 2313 Effective Date: January 27, 2012 |
The proposed amendments will add several definitions. New language will be added regarding application requirements and terms of performance. Also, new sections will be added for administrative hearings and the applicable provisions of the Illinois Grant Funds Recovery Act. |
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Loan Repayment Assistance for Physicians Date Published: February 10, 2012 Illinois Register Citation: 36 Ill. 2331 Effective Date: January 27, 2012 |
The proposed amendments will add several definitions. New language will be added regarding the terms of performance required and to clarify the process for repayment of funds. Also, new Sections will be added for administrative hearings and for applicable provisions of the Illinois Grant Funds Recovery Act. |
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Allied Health Care Professional Assistance Law Date Published: February 10, 2012 Illinois Register Citation: 36 Ill. 2345 Effective Date: January 27, 2012 |
The proposed amendments will add several definitions, including advanced practice nurse, primary care and medically underserved populations. New language will also be added regarding the terms of performance required of scholarship recipients and to clarify the process for repayment of scholarship funds. |
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Emergency Medical Services and Trauma Center Code Date Published: February 10, 2012 Illinois Register Citation: 36 Ill. 2296 Effective Date: January 25, 2012 |
The Section of the rules governing certification of Trauma Nurse Specialists is being amended to ensure consistency with current standards of care and health care practices. The amendment has taken out specifics of the Trauma Nurse Specialist Course and has made reference to The State of Illinois Trauma Nurse Specialist Program, which is the Department approved course outline. The amendment changes the continuing education requirements from 80 to 64. |
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Spinal cord Injury Paralysis Cure Research Code Date Published: February 3, 2012 Illinois Register Citation: 36 Ill. Reg. 1736 Effective Date: January 20, 2012 |
The rules in Part 570 set forth the requirements for the Illinois Department of Public Health to award grants to medical research facilities located in Illinois to conduct research to find a cure for spinal cord injury paralysis. The rules will implement Public Act 91-0737, which amended the State Finance Act to authorize the Department of Public Health to use moneys in the Spinal Cord Injury Paralysis Cure Research Trust Fund for this purpose. |
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Newborn Metabolic Screening and Treatment Code Date Published: February 3, 2012 Illinois Register Citation: 36 Ill. Reg. 1753 Effective Date: January 20, 2012 |
These amendments include provisions to describe the mandate for testing all infants born in Illinois for severe combined immunodeficiency (SCID). Newborn screening is described by the Newborn Metabolic Screening Act, enacted in 2007 (PA 95-0695). The proposed rulemaking defined qualifications for the physician specialists who will be providing follow-up care for children identified through newborn screening with a possible diagnosis of SCID. General recommended treatments for infants affected with SCID are also defined, and the current newborn screening fee will be increased to cover the cost of testing for SCID. |
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Emergency Medical Services and Trauma Center Code Date Published: January 20, 2012 Illinois Register Citation: 36 Ill. Reg. 880 Effective Date: January 6, 2012 |
This rulemaking adds a new Section to implement provisions of Public Act 96-1469 (effective January 1, 2011) concerning critical care transport services. The legislation defined critical care transport and authorized the Department to promulgate rules. The proposed amendments include the statutory definition of critical care transport and a tiered system of critical care transport plans that will provide for voluntary certification at one of three levels. For each level, the criteria specified in the legislation are included: personnel staffing and licensure; education, certification, and experience; medical equipment and supplies; vehicle standards; treatment and transport protocols; and quality assurance and data collection. |
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Emergency Medical Services and Trauma Center Code Date Published: December 27, 2011 Illinois Register Citation: 35 Ill. Reg. 20609 Effective Date: December 9, 2011 |
Sections of the Emergency Medical Services and Trauma Center Code have been amended to ensure consistency with current standards of care and health care practices as well as current federal mandates. Definitions have been added for the pediatric facility recognition levels (Emergency Department Approved for Pediatrics (EDAP), Pediatric Critical Care Center (PCCC) and Standby Emergency Department Approved for Pediatrics (SEDP)) and for new terminology, such as child life specialist and hospitalists, and the definition of pediatric trauma patient has been extended to include all pediatric patients. The composition of the Illinois Emergency Medical Services for Children (EMSC) Advisory Board has been amended to reflect current existent health care organizations as well as to ensure consistency with state board membership as outlined in the Federal EMSC/HRSA(Health Resources and Services Administration) performance measures [www.childrensnational.org]. Equipment requirements for ambulance and alternate response vehicles are amended to further address the pediatric population and assure compliance with the Federal EMSC/HRSA mandated performance measures. The pediatric facility recognition requirements are amended as follows: pediatric standardized courses (Advanced Pediatric Life Support (APLS), Emergency Nursing Pediatric Course (ENPC) and Pediatric Advanced Life Support (PALS)) being used to meet continuing education requirements must include both cognitive and practical skills evaluation; individual waivers for physicians and nurse practitioners must be submitted each renewal cycle (as applicable); the names of specific accrediting agencies for physician assistant continuing education hours have been eliminated; specific components that need to be contained in inter-facility transfer guidelines are outlined as mandated by the Federal EMSC/HRSA performance measures; medical audit/quality improvement monitors are afforded the same status as outlined in the Code of Civil Procedure; each hospital participating in pediatric facility recognition will be required to appoint a pediatric physician champion; and the title of the Pediatric CQI Liaison has been changed to Pediatric Quality Coordinator. Pediatric pre-hospital protocols need to address use of an automated external defibrillator (AED) in the pediatric patient and address environmental hyperthermia in the pediatric patient. Equipment requirements for the emergency department are amended to ensure consistency with the American Academy of Pediatrics Joint Policy Statement – Guidelines for Care of Children in the Emergency Department [www.pediatrics.org]. New Sections have been added related to the pediatric facility recognition to assure compliance with current health care standards and federal EMSC/HRSA performance measures. Section 515.3090 and Appendix N outline processes related to pediatric facility recognition initial application, renewal application, termination of recognition and violation of SEDP, EDAP and Pediatric Critical Care Center (PCCC) requirements. Section 515.4020 contains the PCCC requirements, which outline criteria that hospitals must meet to be recognized by the Department for their pediatric intensive/critical care and pediatric specialty services. Section 515. Appendix O provides the application guide that hospital must follow to apply for PCCC recognition. Appendix P contains requirements for equipment, supplies, and medication. |
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Psychiatry Incentive Program Code Date Published: November 18, 2011 Illinois Register Citation: 35 Ill. Reg. 19216 Effective Date: November 4, 2011 |
Enacted by Public Act 96-1411, the Psychiatry Practice Incentive Act mandates that the Illinois Department of Public Health establish and administer a program of grants, loans, and loan forgiveness to recruit and retain physicians who agree to establish and maintain psychiatric practices in areas of Illinois that demonstrate the greatest need for more psychiatric care. This rulemaking established definitions, reference materials, application standards, selection criteria, requirements for the distribution of grant funds, terms of performance, reporting guidelines, and monitoring requirements. |
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Hospital Capital Investments Date Published: November 18, 2011 Illinois Register Citation: 35 Ill. Reg. 19254 Effective Date: November 3, 2011 |
The adopted rulemaking allows hospitals that apply for and receive a Certificate of Need or Certificate of Exemption from the Illinois Health Facilities and Services Review Board for a change of ownership to modify the letter of intent and grant application from the Hospital Capital Investment program to reflect the ownership change. Previous language in 77 Ill. Adm. Code 976.90 required a hospital to submit both a letter of intent and a grant application to the Department within 120 days of the Notice of Grant Opportunity being published. If a hospital submitted the required materials and subsequently changes ownership, there was no mechanism in place to allow the new owner to modify the application materials. The potential existed that if the hospital’s previous owner applied for a capital grant and the hospital changes ownership, the new owner would be unable to receive the grant since it did not submit the application materials. The legislative intent of the program is to provide qualifying hospitals with needed capital to address life safety code and building/structural issues, medical equipment acquisition and information technology upgrades. The lack of flexibility in the rule potentially inhibited the Department with awarding grants to address these issues. This, in turn, hindered qualifying hospitals by preventing funds to be disbursed that could assist in providing higher quality of care and improving patient safety. The revised rule will provide hospitals with needed flexibility to modify grant applications to reflect a new owner, while simultaneously allowing the grant application review and approval process at the Department to continue for that particular applicant. This adopted rule replaces an emergency rule. |
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Heartsaver AED Grant Code Date Published: November 18, 2011 Illinois Register Citation: 35 Ill. Reg. 19211 Effective Date: November 1, 2011 |
Part 530.300 has been amended to include a time frame in which the AED needs to be functioning after receipt of the Heartsaver AED Fund grant monies. Reference to a contract has beendeleted, as a contract is not signed because of the small amount of the grant. The rules have also been amended to change the address to which Applications shall be submitted. The Emergency Medical Systems and Highway Safety Office has re-located to 422 South 5th Street, Springfield, Il, 62701. |
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Emergency Medical Services and Trauma Center Code Date Published: November 4, 2011 Illinois Register Citation: 35 Ill. Reg. 18331 Effective Date: October 21, 2011 |
The rules in Part 515 set forth requirements for Emergency Medical Services Systems, including licensing requirements for emergency medical technicians and vehicle service providers. The rules are being amended to implement several recent statutory changes. Public Act 96-0540 amended the Emergency Medical Services (EMS) Systems Act (Act) to authorize the Department to review applications for EMT licensure from honorably discharged members of the U.S. armed forces who have emergency medical training. Public Act 96-0702 amended the Act to include requirements for stretcher van providers. Stretcher van providers are defined as entities licensed by the Department to provide non-emergency transportation of passengers on a stretcher, in compliance with the Act and this Part, using stretcher vans. Public Act 96-1009 amended the Act to permit limited EMS System participation by facilities operated by the United States Department of Veterans |
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Illinois Vital Records Code Date Published: October 14, 2011 Illinois Register Citation: 35 Ill. Reg. 16682 Effective Date: October 3, 2011 |
Part 500 sets forth procedures for obtaining and amending birth, marriage, adoption, and death records in the State of Illinois. The rules have been amended to add provisions for amendments to birth records following gender-related surgery. A person born in Illinois, with an existing Illinois birth record, may submit an application to the Department seeking to have the gender changed on his or her own birth record after undergoing surgery to reassign gender. |
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Emergency Medical Services and Trauma Center Code Date Published: October 14, 2011 Illinois Register Citation: 35 Ill. Reg. 16697 Effective Date: September 29, 2011 |
The rules in Part 515 set forth requirements for Emergency Medical Services Systems, including emergency medical treatment, System requirements, and vehicle service providers. The amendments to Section 515.330 and Section 515.Appendix D reference Department-approved protocols for medical treatment, such as Basic Life Support (BLS), Emergency Medical Services for Children (EMSC) and other Emergency Medical Services (EMS) protocols, as part of the EMS System Plan. A new Section has been added to set forth a process to end disputes between an EMS System, Vehicle Service Provider, Advisory Committee, EMS Medical Director or between any combination of any elements thereof if the dispute causes an imminent threat to the availability or quality of emergency pre-hospital care within the State of Illinois. Public Act 96-1469 amended the Emergency Medical Services (EMS) Systems Act to authorize the Department to establish standards for the use of reserve ambulances. Section 515.850 has been added to implement this statutory change. |
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Child Health Examination Code Date Published: October 14, 2011 Illinois Register Citation: 35 Ill. Reg. 16723 Effective Date: September 27, 2011 |
Existing rules specify required immunizations, physical examinations, and acceptable exemptions for children attending child care facilities, children entering school-operated programs below the kindergarten level and kindergarten through 12th grade. Proposed changes in this rulemaking will modify existing requirements to align with current accepted clinical practices as recommended by the Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP) and the Academy of Family Physicians (AFP). At least 35 other states have already instituted requirements for adolescent vaccinations to address waning immunity to pertussis. By September 1, 2010, Illinois reported over 445 cases of pertussis, with 45% of cases occurring in school-age children. In an effort to protect unprotected infants who are at highest risk of complications, it is critical to provide full protection to the rest of the community. The proposed amendment will align the vaccination requirement with existing mandatory physical examination requirements at 6th grade and ensure that older students receive “catch up” vaccinations at the time of the next required physical examination required for school entry at 9th grade. The economic effect on this proposed rulemaking is unknown. Therefore, the Department requests any information that would assist in calculating this effect. The Department anticipates adoption of this rulemaking approximately six to nine months after publication of the Notice in the Illinois Register. |
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Emergency Medical Services and Trauma Center Code Date Published: September 16, 2011 Illinois Register Citation: 35 Ill. Reg. 15278 Effective Date: August 30, 2011 |
The rules in Part 515 set forth requirements for EMS Systems, including emergency medical technician (EMT) and vehicle service provider licensure. The rules are being amended to implement Public Act 96-1469, which amended several provisions in the Emergency Medical Services (EMS) Systems Act (Act). Other changes clarify existing requirements. Public Act 96-1469 amended Section 3.130 of the Act to clarify that plans of correction apply only to violations of the Act regarding facilities, systems, and equipment. Section 515.160 is being amended to reflect this change. Public Act 96-1469 authorized the Department to assess fees for licensing and renewal of licensing of emergency medical technicians, in addition to the existing fees for examinations. Section 515.460 has been added and Section 515.530 has been amended to implement this statutory change. Public Act 96-1149 allows an Illinois licensed emergency medical technician whose license has expired for less than 36 months to apply to the Department for reinstatement of the license. Section 515.640 has been added to implement this provision. Public Act 96-1149 clarified that the Department may set a fee for licensure of each EMS transport vehicle. The fee in the existing rule was $500 for 20 or more vehicles. Each vehicle will still pay $25 per vehicle for a new license or renewal of licensure, but the cap has increased to $2500 for 100 or more vehicles. The amendment to Section 515.800 increases this cap to help pay for the cost of Department staff and postage for licensing these vehicles and so that these costs are not being taken from General Revenue Funds. |
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Emergency | First Notice | Second Notice | Adopted | Withdrawn
| January 2012 Regulatory Agenda |
Emergency | First Notice | Second Notice | Adopted | Regulatory Agenda
None at this time. |
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Illinois Department
of Public Health 535 West Jefferson Street Springfield, Illinois 62761 Phone 217-782-4977 Fax 217-782-3987 TTY 800-547-0466 Questions or Comments |