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Adopted | Regulatory Agenda | Withdrawn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First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn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 Date Published: March 29, 2013 Illinois Register Citation: 37 Ill. Reg. 3899 Effective Date: March 18, 2013 Expiration Date: August 14, 2013 |
The emergency nature of these amendments results from the recent decision of the U.S. Department of Health and Human Services (DHHS) to suspend enrollment into pre-existing condition insurance plans (PCIP), which functioned as a bridge for those uninsured Illinoisans to obtain creditable health insurance coverage for the care of their health conditions. The AIDS Drug Assistance Program used the Illinois PCIP to assist those who were outside the 300% federal poverty level (FPL) threshold, not to exceed 500% (FPL), to ensure that this population had access to life-sustaining medications for the treatment of HIV and AIDS. With the suspension of the Illinois-operated PCIP, a unique cohort of at-risk Illinoisans will go without regular HIV pharmaceutical therapies that will sustain quality of life and in some cases enhance potential life mortality. This emergency rule will secure the bridge to the population of Illinois citizens who now have no affordable access to drug coverage with the suspension of Illinois PCIP. These rules will function as a bridge to the Affordable Care Act’s full implementation on January 1, 2014, when all Illinoisans will either migrate to expanded Medicaid (if legislatively approved by the General Assembly) or the health insurance market place. These emergency rules are critical to bridging a group of underserved and disenfranchised population to the full implementation of the Affordable Care Act on January 1, 2014. Until January 1, 2014, it is critical that AIDS Drug Assistance Program continues to function as a safety net for a population of uninsured clients that would have had access to insurance through the Illinois PCIP until DHHS suspended this program starting March 2, 2013. The short notice from DHHS (February 21, 2013) prevented the Illinois Department of Public Health from moving efficiently moving through the regular rulemaking process. The Illinois Department of Public Health is adding a definition of what is considered “creditable coverage”; those applicants who have not been covered under creditable coverage for a continuous six-month period prior to the date of application, but would have been eligible for a creditable coverage program recently offered under the State or federal government entity, will be assessed on the same standard as those with active prescription coverage, which is 500% of the federal poverty level. This language ensures that those at the lowest end of economic brackets in the State, who are uninsured and suffering with a chronic/life threatening health condition (HIV), are provided a safety net for the pharmaceutical therapy coverage through the AIDS Drug Assistance Program. |
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Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn
AIDS Drug Assistance Program Date Published: March 29, 2013 Illinois Register Citation: 37 Ill. Reg. 3624 Comment Period Expires: May 13, 2013 |
These amendments result from the recent decision of the U.S. Department of Health and Human Services (DHHS) to suspend enrollment into pre-existing condition insurance plans (PCIP), which functioned as a bridge for those uninsured Illinoisans to obtain creditable health insurance coverage for the care of their health conditions. The AIDS Drug Assistance Program (ADAP) used the Illinois PCIP to assist those who were outside the 300% federal poverty level (FPL) threshold, not to exceed 500% (FPL), to ensure that this population had access to life sustaining medications for the treatment of HIV and AIDS. With the suspension of the Illinois-operated PCIP a unique cohort of at-risk Illinoisans will go without regular HIV pharmaceutical therapies that will sustain quality of life and in some case enhance potential life mortality. This rule will secure the bridge to the population of Illinois citizens who now have no affordable access to drug coverage with the suspension of Illinois PCIP. These rules will function as a bridge to the Affordable Care Act’s full implementation on January 1, 2014, when all Illinoisans will either migrate to expanded Medicaid (if legislatively approved by the assembly) or the health insurance market place. Until January 1, 2014, it is critical that the AIDS Drug Assistance Program continues to function as a safety net for a population of uninsured clients that would have had access to insurance through the Illinois PCIP until DHHS suspended this program starting March 2, 2013. The rulemaking removes all language associated with Illinois Cares Rx (ICRx), which was eliminated by the State on July 1, 2012. ICRx was a state-operated pharmaceutical assistance program that ADAP coordinated to ensure that ADAP was “payer of last resort.” |
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Emergency Medical Services and Trauma Center Code Date Published: February 15, 2013 Illinois Register Citation: 37 Ill. Reg. 1850 Comment Period Expires: April 1, 2013 |
The rules in Sections 515.720 and 515.725 are being combined as there is no longer a need for a First Responder-AED. Current National Standards now require all First Responders/Medical Emergency Responders to have AED training. Section 515.720 will be repealed and 515.725 will be amended to keep current with national standards for the First Responder/Emergency Medical Responder. |
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Animal Population Control Code Date Published: January 18, 2013 Illinois Register Citation: 37 Ill. Reg. 521 Comment Period Expires: March 4, 2013 |
This proposed rulemaking addresses how the Department will administer the Illinois Public Health and Safety Animal Population Control Program, which was established under the Illinois Public Health and Safety Animal Population Control Act [510 ILCS 92]. This program provides low-cost dog or cat sterilizations for eligible owners of companion animals and eligiblemanagers of feral cat colonies. This proposed rulemaking specifies the required proof of eligibility for the program, the format and content of program forms, and the pre-surgical immunizations covered by the program. This proposed rulemaking also describes how the Pet Population Control Fund will be administered and how the fines imposed under the Act will be used. |
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Child Health Examination Code Date Published: January 4, 2013 Illinois Register Citation: 37 Ill. Reg. 60 Comment Period Expires: February 18, 2013 |
Existing rules set forth the required physical examinations, immunizations and acceptable exemptions for children entering school-operated programs below the kindergarten level and kindergarten through 12th grade. Proposed changes to the immunizations rules 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). Current requirements for Mumps, Rubella and Varicella vaccines reflect receipt of only one dose of each. Originally, one dose of the Measles-Mumps-Rubella (MMR) vaccine was recommended. In 1989, the American Academy of Family Physicians, the American Academy of Pediatrics, and the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices changed the recommendation to two doses. As a result, Illinois established the routine two-dose measles vaccine requirement in 1990. Single antigen products for mumps and rubella vaccines are no longer available in the U.S., making the MMR vaccine the only recommended product of use. Therefore, a two-dose schedule for mumps and rubella vaccines is consistent with all nationally recognized medical practices. Varicella vaccine has been required for school entry since July 2002. In June 2006, ACIP approved a routine two-dose recommendation for children. The first dose should be administered at age 12 to15 months and the second dose at age four to six years. The rationale for the second dose of varicella vaccine for children is to further decrease varicella disease and its complications in the United States. Despite the successes of the one-dose vaccination program in children, vaccine effectiveness has not been sufficient to prevent varicella outbreaks, which, although less than in the pre-vaccine era, have continued to occur in highly vaccinated school populations. Breakthrough varicella is contagious. The recommended ages for routine first (at age 12 to 15 months) and second (at age four to six years) doses of varicella vaccine are harmonized with the recommendations for MMR vaccine use. In addition, pneumococcal conjugate vaccine is required for children attending pre-school and/or day care facilities operated by school districts. Public Act 095-0159 was signed into law on August 14, 2007 and provides IDPH with the authority to prescribe rules. The Act requires that children under age two attending a day care facility shall receive the age appropriate series of pneumococcal conjugate vaccine, known as Prevnar, as recommended by the Advisory Committee on Immunization Practices. Definitions are being amended and added to eliminate the need for repetitive language in the rules. The economic effect of this proposed rulemaking remains unknown. For the 2010-2011 school year, the 2.3 million students attending public and nonpublic schools in Illinois had a 97 percent compliance level within existing immunization requirements. In future years, we can expect that at least 3 percent of students (~69,000) may need vaccination(s) to comply with this proposed rule. According to the Kaiser Family Foundation, almost 280,000 of the 3.35 million Illinois children aged 0-18 years had no public or private health insurance coverage in 2010. All vaccines recommended with this rule change are readily available through the federal Vaccines for Children (VFC) program administered by the Department; uninsured children are eligible for vaccines through this program. |
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Immunization Code Date Published: January 4, 2013 Illinois Register Citation: 37 Ill. Reg. 77 Comment Period Expires: February 18, 2013 |
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). Currently requirements for Mumps, Rubella and Varicella vaccines reflect receipt of only one dose of each. Originally, one dose of the Measles-Mumps-Rubella (MMR) vaccine was recommended. In 1989, the American Academy of Family Physicians, the American Academy of Pediatrics, and the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices changed the recommendation to two doses. As a result, Illinois established the routine two-dose measles vaccine requirement in 1990. Single antigen products for mumps and rubella vaccines are no longer available in the U.S., making the MMR vaccine the only recommended product of use. Therefore, a two-dose schedule for mumps and rubella vaccines is consistent with all nationally recognized medical practices. Varicella vaccine has been required for school entry since July 2002. In June 2006, ACIP approved a routine two-dose recommendation for children. The first dose should be administered at age 12 to15 months and the second dose at age four to six years. The rationale for the second dose of varicella vaccine for children is to further decrease varicella disease and its complications in the United States. Despite the successes of the one-dose vaccination program in children, vaccine effectiveness has not been sufficient to prevent varicella outbreaks, which, although less than in the pre-vaccine era, have continued to occur in highly vaccinated school populations. Breakthrough varicella is contagious. The recommended ages for the routine first (at age 12 to 15 months) and second (at age 4 to 6 years) doses of varicella vaccine are harmonized with the recommendations for MMR vaccine use. In addition, pneumococcal conjugate vaccine is required for children attending pre-school and/or day care facilities operated by school districts. Public Act 95-0159 was signed into law on August 14, 2007, and provides IDPH with the authority to prescribe rules. The Act requires that children under age two attending a day care facility shall receive the age appropriate series of pneumococcal conjugate vaccine, known as Prevnar, as recommended by the Advisory Committee on Immunization Practices. This rulemaking will also align the Immunization Code with recent adopted changes to the Child Health Examination Code related to Tetanus/Diphtheria/Acellular Pertussis vaccine recommendations for students entering sixth grade and a prescribed catch-up program for older students as recommended by the ACIP. This rulemaking also includes a new Definitions Section and a new Referenced Materials Section. The economic effect of this proposed rulemaking remains unknown. For the 2010-2011 school year, the 2.3 million students attending public and nonpublic schools in Illinois had a 97 percent compliance level within existing immunization requirements. In future years, we can expect that at least 3 percent of students (~69,000) may need vaccination(s) to comply with this proposed rule. According to the Kaiser Family Foundation, almost 280,000 of the 3.35 million Illinois children aged 0-18 years had no public or private health insurance coverage in 2010. All vaccines recommended with this rule change are readily available through the federal Vaccines for Children (VFC) program administered by the Department; uninsured children are eligible for vaccines through this program. |
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Illinois Water Well Construction Code Date Published: December 14, 2012 Illinois Register Citation: 36 Ill. Reg. 17308 Comment Period Expires: January 28, 2013 |
Amendments to this Part clarify existing provisions and add new requirements to implement Public Act 97-0363, which amended the Water Well and Pump Installation Contractor’s License Act and the Illinois Water Well Construction Code to include new provisions and amend existing provisions governing closed loop wells and to add requirements for closed loop well contractor certification. Existing definitions in the rules are clarified and new definitions are being added for Closed Loop Well System, Modification, Creviced, Consolidated Formation, and Flowing Artesian Well. The definitions of Potential Route and Aquifer are being amended and Potable and Well are added to conform to the Environmental Protection Act. The definition for Closed Loop Well is being amended, and definitions for Closed Loop Well Contractor, Ground Heat Exchange Borehole, Ground Heat Exchange System and Horizontal Closed Loop Well are being added. Section 920.15 is being amended to update incorporated and referenced materials. Section 920.20 is being amended to update statutory and regulatory references. Section 920.30 is being amended to clarify existing requirements and terminology. The amendment to Section 920.40 will delete the NSF International Standard Number 56, since it has been discontinued. Section 920.50 will be amended to delete existing requirements for minimal lateral separation distances, which will be incorporated into the new Section 920.Table C. Existing requirements and terminology in Sections 920.60 and 920.70 will be clarified. The amendments to Section 920.90 clarity the requirements for the installation of plastic well casing and grouting procedures; it establishes requirements for bored well construction materials. Section 920.120 is being amended to allow water well contractors to prepare a well for sealing before notifying the Department or local health department as to the date that the well would be sealed. Sealing of a non-producing well is clarified to protect the water bearing formation. Sections 920.130, 920.150 and 920.160 are being amended to implement P.A. 97-0363. Section 920.140 is being amended to update a reference to the Department’s hearing rules. Other amendments establish requirements for approved local health departments having agent agreements with the Department. Existing requirements for closed loop wells are clarified in Section 920.180. Sections 920.200, 920.210, 920.220, 920.230, 920.240 and 920.250 are being added. Section 920.Table C combines the setback requirements between closed loop wells, water wells, and sources of contamination, and establishes setback requirements between sources of contamination and closed-loop wells using United States Pharmacopeia (USP) food grade propylene glycol as the coolant and closed loop wells using other coolants. Amendments to Section 920.Illustrations A, E, and H bring them in line with other proposed changes to the rules. |
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Newborn Metabolic Screening and Treatment Code Date Published: November 30, 2012 Illinois Register Citation: 36 Ill. Reg. 16738 Comment Period Expires: January 14, 2013 |
The amendment is necessary to ensure that the definition of “Lysosomal Storage Disorders” (LSDs) corresponds with the expansion of screening testing specified in P.A. 97-0532 which became effective on August 23, 2011. The amendment to the Act adds Mucopolysaccharidosis Type I (Hurlers syndrome) and Mucopolysaccharidosis Type II (Hunters syndrome) to the list of disorders included in the Lysosomal Storage Disorders category. |
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Private Sewage Disposal Code Date Published: November 9, 2012 Illinois Register Citation: 36 Ill. Reg. 15940 Comment Period Expires: December 24, 2012 Notice of Public Hearing Published: February 15, 2013 Illinois Register Citation: 37 Ill. Reg. 2377 Date of Public Hearing: March 26, 2013
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Section 905.10 – Provides new definitions and clarification to existing definitions.
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Control of Communicable Diseases Code Date Published: November 9, 2012 Illinois Register Citation: 36 Ill. Reg. 15918 Comment Period Expires: December 24, 2012 |
The amendments establish new provisions for the Department’s Multi-Drug Resistant Organism (MDRO) Registry. The Registry will allow the Department to collect data on persons entering health care facilities who have been diagnosed with an MDRO infection. The amendments include definitions; the entities that are required to submit information; the information required to be reported; reporting methods; and availability of Registry information. |
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Control of Sexually Transmissible Diseases Code Date Published: September 21, 2012 Illinois Register Citation: 36 Ill. Reg. 14146 Comment Period Expires: November 5, 2012 |
The Control of Sexually Transmissible Diseases 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) replacing archaic tests, and new Illinois legislation (PA 97-0244). In Section 693.15 (Incorporated Materials), cited guidelines and standards that have been replaced by current CDC recommendations. Section 693.20 (Definitions) has references to outmoded laboratory tests that have been replaced by other technologies with improved sensitivity and specificity. Reporting requirements in Section 69.30 are being updated to reflect recent legislation (PA 97-0550) and updated testing requirements. Public Act 97-0550 amended the HIV/AIDS Registry Act to remove the requirement that cases included in the Registry be identified by a code rather than by name, to update reporting requirements and to specify the information that is to be included in the Registry. Section 693.40 has been updated to reflect current practices in the provision of counseling and partner services. In the remaining Sections, isolation and quarantine provisions for syphilis, gonorrhea, chlamydia, and chancroid have been combined and isolation and quarantine provisions for HIV/AIDS are being repealed. Revisions reflect consistency with the Department’s Control of Communicable Disease Code. |
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Long-Term Care Assistants and Aides Training Programs Code Date Published: July 20, 2012 Illinois Register Citation: 36 Ill. Reg. 10584 Comment Period Expires: September 3, 2012 |
The Long-Term Care Assistants and Aides Training Programs Code regulates the training of Certified Nursing Assistants, Child Care/Habilitation Aides, and Developmental Disabilities Aides, including minimum requirements for instructors and the curriculum. The amendments are being undertaken to update and revamp the minimum requirements for the Basic Nursing Assistant Training Program (Section 395.300), which have not been changed since 1993, and to add course requirements and a curriculum for a Train the Trainer program. The other extensive updates to Part 395 amend nearly every Section, add six new Sections and repeal one Section, completely revamping the Code, particularly the requirements for instructors of training programs. |
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Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn
Laboratory Service Fees Date Published: January 18, 2013 Illinois Register Citation: 37 Ill. Reg. 508 JCAR Meeting: April 16, 2013
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The Department of Public Health laboratories provide testing to support the Department’s programs. The Department’s laboratories provide these same tests to public health clinics or community based organizations if funding can be obtained and if the surveillance data that would be created is of value to the Department’s programs. The use of the Department’s laboratories for testing is voluntary. The amendments and edits delete all tests by name and each test’s associated fee. The amendments and edits provide for charging fees based on current calculations of costs, including commodity costs, personnel and fringe benefits, building expenses, equipment maintenance and replacement, quality assurance support, information technology applications, and indirect costs. This change will allow the laboratory to collect reimbursement based on current costs which change with commodity and operating costs. It will allow the laboratory to obtain Medicaid reimbursement at current operating costs. The proposed amendments update the fee for returned checks or insufficient payment to cover processing costs. |
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Grade A Pasteurized Milk and Milk Products Date Published: January 4, 2013 Illinois Register Citation: 37 Ill. Reg. 98 JCAR Meeting: April 16, 2013
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This rulemaking will update references to several documents that are incorporated by reference in the Grade A Pasteurized Milk and Milk Products rules. Documents that are being updated include the Grade A Pasteurized Milk Ordinance (PMO), the Methods of Making Sanitation Ratings of Milk Shippers (MMSR), the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration (FDA) Program of the National Conference on Interstate Milk Shipments and the incorporated sections of the Code of Federal Regulations and the Evaluation of Milk Laboratories, all published by the FDA. Key changes to the 2011 revision of the PMO include updating tests required for nonfat dry milk and dry dairy products. The PMO also requires the reading of the airspace thermometer to be recorded on the batch pasteurizer only at the start of the holding time; clarifies requirements for use of magnetic flow meter based timing; eliminates the sampling and testing requirement for bulk shipped heat treated milk products; makes corrections to the chemical and bacteriological tests; and accepts flunixin for Appendix N screening. Section 775.140 is being repealed because pesticide, herbicide and mycotoxin residue control is addressed in the PMO. The rulemaking also includes technical and grammatical changes. |
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Emergency Medical Services and Trauma Center Code Date Published: January 4, 2013 Illinois Register Citation: 37 Ill. Reg. 21 JCAR Meeting: April 16, 2013
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Section 515.100 will clarify that a Registered Nurse, Nurse Practitioner and Physician Assistant must carry an unencumbered license in the State in which he or she practices. Several out of State hospitals have Illinois recognitions, such as Trauma Centers and Emergency Medical Services for Children Facility Recognition (Emergency Department Approved for Pediatrics). To avoid having to grant waivers to these professionals, the Department clarified that the professional must have an unencumbered license in the State in which he or she practices. Section 515.180, Administrative Hearings, is a new Section that will give the Director or an individual designated by the Director the right to conduct a hearing and issue a final order specifying his or her findings of fact and conclusions of law. Section 515.315 changes the hospital bypass reporting to the internet “Illinois Hospital Bypass/State Disaster Reporting System”. A hospital reporting bypass status in the past was done by fax. Hospitals will still have to fax hospital bypass information if the internet is not functioning. Section 515.330 is being amended to outline the requirements of a Veterans’ Administration (VA) Facility that wants to participate in an EMS system. Section 515.470 is being amended to require VA Facilities to maintain operational two- way radio communication pursuant to Section 515.400 and as required by the EMS System in which they participate. This Section also requires VA Facilities to commit to accepting patients during a disaster, overload or bypass situations. Section 515.530 is being amended to clarify that an EMT candidate needs to retake a refresher course if he or she has failed the exam two times instead of having to retake the training program. |
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Emergency Medical Services and Trauma Center Code Date Published: December 21, 2012 Illinois Register Citation: 36 Ill. Reg. 17778 JCAR Meeting: March 12, 2013
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Section 515.715 is a new rule to implement PA 097-1014, which amended the Emergency Medical Services (EMS) Systems Act to add provisional licenses for first responders and to require the Department to develop standards for alternate vehicle staffing in rural or semi-rural areas. The rule will create a provisional licensure for First Responders (FR) and Emergency Medical Responders (EMR). This rule will allow 16 and 17 year olds to be licensed as a Provisional FR or EMR until their 18th birthday, when their license will then become an FR or EMR license. Section 515.830 updates the ambulance medical equipment list to include electronic documentation with paper backup, and to increase the number of adult, pediatric and infant oxygen masks from one to two. The equipment changes also include the addition of a current safety inspection sticker, the Illinois poison center telephone number and the IDPH central complaint hotline. The amendment eliminates personnel requirements for Basic Life Support (BLS) ambulances that have an Automated External Defibrillator on board, since these are now required on all BLS ambulances. The amendments also implement PA 097-1014 by describing the requirements necessary for alternate rural staffing and alternate response authorization for rural areas of the State. |
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Emergency | First Notice | Second Notice | Regulatory Agenda | Withdrawn
Skilled Nursing and Intermediate
Care Facilities Code Date Published: Pending Illinois Register Citation: Pending Effective Date: March 29, 2013
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The Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300) regulates all aspects of resident care, including mandating that facilities draft policies and procedures governing resident care services provided by the facility. This rulemaking implements Public Act 96-0389, enacted by the General Assembly in 2009. PA 96-0389 mandates that facilities draft “a policy to identify, assess, and develop strategies to control risk of injury to residents and nurses” in the transferring and moving of residents. |
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Sheltered Care Facilities Code Date Published: Pending Illinois Register Citation: Pending Effective Date: March 29, 2013 |
The Sheltered Care Facilities Code (77 Ill. Adm. Code 330) regulates all aspects of resident care, including mandating that facilities draft policies and procedures governing resident care services provided by the facility. This rulemaking implements Public Act 96-0389, enacted by the General Assembly in 2009. PA 96-0389 mandates that facilities draft “a policy to identify, assess, and develop strategies to control risk of injury to residents and nurses” in the transferring and moving of residents. |
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Illinois Veterans’ Homes Code Date Published: Pending Effective Date: Pending JCAR Meeting: March 29, 2013 |
The Illinois Veterans’ Homes Code (77 Ill. Adm. Code 340) regulates all aspects of resident care, including mandating that facilities draft policies and procedures governing resident care services provided by the facility. This rulemaking implements Public Act 96-0389, enacted by the General Assembly in 2009. PA 96-0389 mandates that facilities draft “a policy to identify, assess, and develop strategies to control risk of injury to residents and nurses” in the transferring and moving of residents. |
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Structural Pest Control Code Date Published: March 15, 2013 Illinois Register Citation: 37 Ill. Reg. 3288 Effective Date: March 1, 2013 |
Sections 830.20 and 830.820 will be amended to reference the Electronic Commerce Security Act. Section 830.820 will also be amended to require the time of the pesticide application on pesticide application records. Sections 830.100 and 830.110 will be amended to clarify the requirements for obtaining an initial license or registration; Section 830.300 will be amended to clarify requirements for obtaining and maintaining reciprocal certification; and Section 830.180 will be amended to clarify the license and registration renewal requirements, including the timelines for imposing late fees and when licenses and registrations are no longer subject to renewal. Section 830.210 will be amended to indicate when late fees are due for licenses, registrations, and certification renewals. Section 830.460, regarding an applicant’s ability to review his or her examination, will be repealed to protect the examination confidentiality. Section 830.470 will list requirements that applicants must follow if they are unable to attend an examination. Sections 830.200, 830.220, and 830.630 will be amended to increase the minimum number of classroom hours required for continuing education from seven hours to nine hours and to indicate that seminars may be in increments of three hours or more. Sections 830.600 and 830.640 will be amended to list additional sponsor requirements for approving pest control training seminar courses to be attended by certified technicians. Section 830.700 is being amended to update reference to the Department’s administrative hearing rules. Section 830.710 will be amended to indicate those subject to administrative fines under the Act and Code and to establish a classification for violations of stop sale and use orders issued by the Department, as well as violations of pesticide notification and other integrated pest management requirements of the Act. Sections 830.2000 – 830.2500 will be added under a new Subpart J to include specific integrated pest management course requirements to be consistent with the Act. |
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AIDS Drug Assistance Program Code Date Published: March 1, 2013 Illinois Register Citation: 37 Ill. Reg. 2563 Effective Date: February 15, 2013
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The Department adopted a peremptory amendment to this Part on February 15, 2013. The amendment updates the Federal Poverty Level Guidelines in Appendix A of the rules. The United States Department of Health and Human Services (DHHS) establishes the federal poverty level at the end of January of each year. Once the new poverty level is established by the federal government, all Ryan White Programs are required to adopt the new standard. Neither the program nor the State has any discretion to operate on another standard of federal poverty level. On January 24, 2013, DHHS posted the new 2013 federal poverty level (FPL) in the Illinois Register. The Department is updating its rules to reflect this new standard. The federal poverty level is posted on the following website: |
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Skilled Nursing and Intermediate
Care Facilities Code Date Published: February 15, 2013 Illinois Register Citation: 37 Ill. Reg. 2298 Effective Date: February 4, 2013
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The Skilled Nursing and Intermediate Care Facilities Code regulates skilled nursing and intermediate care facilities, including the records they are required to keep on incidents and accidents, and the procedures for reporting incidents and accidents to the Department. This rulemaking adds a requirement for reporting the death of a resident when that death is the result of an incident or accident. The facility will be required to notify the Department “by phone only,” which is described as speaking with a Department representative who confirms that the requirement to notify the Regional Office by phone has been met. This rulemaking should ensure that the Department is properly informed when an incident or accident results in the death of a resident. Section 300.670 has been amended to correct a cross-reference. |
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Sheltered Care Facilities Code Date Published: February 15, 2013 Illinois Register Citation: 37 Ill. Reg. 2315 Effective Date: February 4, 2013 |
The Sheltered Care Facilities Code regulates sheltered care facilities, including the records they are required to keep on incidents and accidents, and the procedures for reporting incidents and accidents to the Department. The amendment to Section 330.780 adds a requirement for reporting the death of a resident when that death is the result of an incident or accident. The facility will be required to notify the Department “by phone only,” which is described as speaking with a Department representative who confirms that the requirement to notify the Regional Office by phone has been met. This rulemaking should ensure that the Department is properly informed when an incident or accident results in the death of a resident. Section 330.770 also has been amended to correct a cross-reference. |
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Illinois Veterans’ Homes Code Date Published: February 15, 2013 Illinois Register Citation: 37 Ill. Reg. 2330 Effective Date: February 4, 2013
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The Illinois Veterans’ Homes Code regulates veterans’ homes, including the records they are required to keep on incidents and accidents, and the procedures for reporting incidents and accidents to the Department. The amendment to Section 340.1330 adds a requirement for reporting the death of a resident when that death is the result of an incident or accident. The facility will be required to notify the Department “by phone only,” which is described as speaking with a Department representative who confirms that the requirement to notify the Regional Office by phone have been met. This rulemaking should ensure that the Department is properly informed when an incident or accident results in the death of a resident. Section 340.1320 has been amended to correct a cross-reference. |
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Pregnancy Termination Report Code Date Published: Pending Illinois Register Citation: Pending Effective Date: January 23, 2013 |
Part 505 is being amended to clarify statutory requirements for reporting complications of abortion. Statutory citations are being updated. A definition of “complications” is being added, as well as a new Section setting forth requirements for reporting the complications of abortion. New reporting forms are being added and the existing form is being repealed. |
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Physical Fitness Facility Medical Emergency Preparedness Code Date Published: February 1, 2013 Illinois Register Citation: 37 Ill. Reg. 1247 Effective Date: January 18, 2013 |
Section 527.600 is being amended to implement a portion of PA 96-0748, which amended the Physical Fitness Facility Medical Emergency Preparedness Act to require a physical fitness facility to have a trained AED user present during “staffed business hours” rather than during all physical fitness activities. Sections 527.200 and 527.1100 are being amended to update references to the Department’s hearing rules. Section 527.1000 is being amended to update the mailing address for the Department’s Division of Emergency Medical Services and Highway Safety. |
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Perinatal HIV Prevention Code Date Published: January 4, 2013 Illinois Register Citation: 37 Ill. Reg. 226 Effective Date: December 18, 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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Hospital Licensing Requirements Date Published: December 14, 2012 Illinois Register Citation: 36 Ill. Reg. 17413 Effective Date: December 3, 2012
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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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Emergency Medical Services and
Trauma Center Code Date Published: December 14, 2012 Illinois Register Citation: 36 Ill. Reg. 17490 Effective Date: December 3, 2012
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Section 515.Appendix L provides
the equipment list required by all Emergency Departments Approved for
Pediatrics (EDAP) and Standby Emergency Departments Approved for Pediatrics
(SEDP). This Section is being amended to delete the use of gastric lavage
equipment, which is no longer considered standard care. |
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Emergency | First Notice | Second Notice | Regulatory Agenda | Withdrawn
Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois Notice of Withdrawal Published: February 15, 2013 Illinois Register Citation: 37 Ill. Reg. 2375 Effective Date of Withdrawal: February 15, 2013 |
These rules will implement revisions to the Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois. The rules have been revised to implement Public Act 93-894, which amended Commercial and Public Building Asbestos Abatement Act [225 ILCS 207] to require the Department to license asbestos consultants and to establish licensing requirements. The rules are being revised to require that commercial and public building asbestos abatement requirements are consistent with school asbestos abatement requirements. Section 855.105 is being added to necessitate the licensing of Asbestos Consultants and define application procedures. Section 855.125 is being added to further qualify the responsibilities of Licensed Asbestos Inspectors. Section 855.130 is being added to further qualify the responsibilities of Asbestos Abatement Contractors. Section 855.135 is being added to further qualify the responsibilities of Asbestos Consultants. Section 855.180 is being added to further qualify the responsibilities of Air Sampling Professionals. Section 855.200 is being added to further qualify the responsibilities of Commercial and Public Building (CPB) Owners. Section 855.210 is being added to explain procedures for inspections of Commercial and Public Buildings. Requirements in Section 855.230, Equipment and Waste Container Removal Procedures are being moved to section 855.460, Removal Procedures. New provisions in Section 855.250, Local Education Agency (LEA) and Designated Person Requirements, are being moved from Section 855.300, Local Education Agency (LEA) Requirements. New provisions in Section 855.260, Procedure for School Inspections and Reinspections, are being moved from section 855.310, Procedures for School Inspections and Reinspections. A new Section 855.270, Management Plan, will replace Section 855.325, Management Plan, which is being repealed. A new Section 855.280, Operations and Maintenance, will replace Section 855.330, Operations and Maintenance, which is being repealed. New requirements in Section 855.290, Submissions and Notices for Abatement of Asbestos in Schools are being moved from Section 855.350, Submissions and Notices, which is being repealed. Section 855.340 is being added to facilitate the procedures for whole tile removal. Section 855.490 is being repealed, as the Response Contractor Indemnification Fund no longer exists. Requirements in Section 855.510, Enclosure Procedures for Schools, are being included in Section 855.500, Encapsulation and Enclosure Procedures. Section 855.APPENDIX B. ILLUSTRATION J is being added for LEA Designated Person responsibilities. Section 855. APPENDIX C is being added to illustrate the electronic format for a Project Manager’s Comprehensive Final Report. Two existing Appendices are being amended. |
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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 |