Laws and Administrative Rules

Emergency, Proposed and Adopted Rules

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| Regulatory Agenda | Withdrawn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 strikeouts. Rulemakings proposing to add a new code do not require underscoring.

'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.

Emergency Rules

First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn

Control of Communicable Diseases Code
(77 Ill. Adm. Code 690)

Date Published: November 21, 2014

Illinois Register Citation: 38 Ill. Reg. 21954

Effective Date: November 5, 2014

Expiration Date: April 3, 2015

 

The Department is adopting these emergency amendments to expand and clarify actions that the Department may take in regard to persons who are infected with or potentially exposed to infectious or communicable diseases. The amendments are necessary to aid the Department in the restriction of travel in an effort to stop the spread of disease.

In accordance with Section 2 of the Department of Public Health Act (Act) [20 ILCS 2305/2], the Department "has supreme authority in matters of quarantine and isolation, and may declare and enforce quarantine and isolation when none exists, and may modify or relax quarantine and isolation when it has been established."

Section 5-45 of the Illinois Administrative Procedure Act (IAPA) defines "emergency" as "the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare." This rulemaking constitutes an "emergency" because of the threat to the public health posed by unrestricted travel and other activities by persons infected with or potentially exposed to infectious or communicable diseases, including Ebola. The IAPA also states that the emergency situation must require adoption of a rule upon fewer days than is required by the regular rulemaking process. Immediate adoption of these rules is necessary because currently, the Ebola virus is affecting several countries in western Africa and has now appeared in isolated cases within the United States. Infectious and contagious diseases like Ebola can be challenging to contain. Social distancing measures, including the restriction of travel, have proven to be effective in containing the disease. The Department and certified local health departments need to have the clear authority to monitor and restrict the movements of all persons who are potentially at high risk of developing Ebola or any other infectious or contagious disease. These rules will ensure that the Department and certified local health departments can limit the movement of persons potentially exposed to Ebola or any other infectious or contagious disease during the incubation period of the disease.

The amendments to the rules will remove unrestricted travel from the definition of "observation" and will aid the Department's efforts to stop the spread of disease. The additional definitions of "monitoring" and "quarantine, modified" will add specific actions that the Department is authorized to take in particular situations such as excluding children from school, the prohibiting or restricting individuals from engaging in a particular occupation or using public or mass transportation, or requirements for using devices or procedures intended to limit disease transmission.

The proposed amendments will update and add to the definitions in Section 690.10 of the rules. The definition of “observation” will be amended to remove language related to travel. Definitions for "monitoring", "quarantine, modified" and "public transportation" will also be added. The definition of "quarantine" will be amended to include "quarantine, modified." The terms "quarantine", "observation", and "monitoring" are used in the body of the rules and in Section 2 of the Act; however, "monitoring" is not currently defined in the rules.

 

Rules in the First Notice Period

Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn

Home Health, Home Services, and Home Nursing Agency Code
(77 Ill. Adm. Code 245)

Date Published: December 12, 2014

Illinois Register Citation: 38 Ill. Reg. 23298

Comment Period Expires: January 26, 2015

Submit Comments

 

The Home Health, Home Services, and Home Nursing Agency Code regulates home health agencies, home nursing agencies, home services agencies, and home nursing and home services placement agencies. Rules adopted in 2008 implemented then-new statutory requirements for home nursing agencies, home services agencies, and placement agencies for home nursing and home services workers. These amendments are meant to clarify the distinction between home nursing and home services agencies, and nursing and services placement agencies, and to delineate the respective obligations and responsibilities of each kind of agency.

 

Quality of Life Code
(77 Ill. Adm. Code 974)

Date Published: December 5, 2014

Illinois Register Citation: 38 Ill. Reg. 22435

Comment Period Expires: January 19, 2015

Submit Comments

 

The proposed amendments will update and add to the definitions in the rules. The proposed amendments are necessary to aid the Department in the restriction of travel of persons infected with or potentially exposed to infectious or communicable diseases in an effort to stop the spread of disease. The definition of “observation” will be amended to remove language related to travel. Definitions for "monitoring", "quarantine, modified" and "public transportation" will also be added.

 

Control of Communicable Diseases Code
(77 Ill. Adm. Code 690)

Date Published: November 21, 2014

Illinois Register Citation: 38 Ill. Reg. 21756

Comment Period Expires:

Submit Comments

 

The proposed amendments will update and add to the definitions in the rules. The proposed amendments are necessary to aid the Department in the restriction of travel of persons infected with or potentially exposed to infectious or communicable diseases in an effort to stop the spread of disease. The definition of “observation” will be amended to remove language related to travel. Definitions for "monitoring", "quarantine, modified" and "public transportation" will also be added.

 

Immunization Registry Code
(77 Ill. Adm. Code 689)

Date Published: October 31, 2014

Illinois Register Citation: 38 Ill. Reg. 20602

Comment Period Expires: December 15, 2014

Submit Comments

 

These rules are being established to ensure that health care providers or school nurses using the Immunization Registry sign the appropriate forms to gain access to the Immunization Registry and adhere to confidentiality policies. The Immunization Registry Act was signed into law on July 11, 2011.

 

Visa Waiver for International Medical Graduates
(77 Ill. Adm. Code 591)

Date Published: October 24, 2014

Illinois Register Citation: 38 Ill. Reg. 20133

Comment Period Expires: December 8, 2014

Submit Comments

 

Changes to Part 591 are proposed to incorporate language regarding fee assessments on J-1 Visa Waiver applicants. The fee assessment is in response to P.A. 98-1006, which gives the Department the authority to assess a fee on J-1 Visa Waiver applications. Monies collected will be deposited into the Rural/Downstate Health Access Fund and be used, in part, to conduct site visits on physicians who receive a waiver as well as general administrative expenses of the program.

 

Hospital Licensing Requirements
(77 Ill. Adm. Code 250)

Date Published: October 3, 2014

Illinois Register Citation: 38 Ill. Reg. 19431

Comment Period Expires: November 17, 2014

Submit Comments

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which inserted language in the Hospital Licensing Act requiring that hospital procedures for administering pneumococcal vaccines be “in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination,” instead of just for patients aged 65 or older.

 

Skilled Nursing and Intermediate Care Facilities Code
(77 Ill. Adm. Code 300)

Date Published: October 3, 2014

Illinois Register Citation: 38 Ill. Reg. 19444

Comment Period Expires: November 17, 2014

Submit Comments

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from the Nursing Home Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

Sheltered Care Facilities Code
(77 Ill. Adm. Code 330)

Date Published: October 3, 2014

Illinois Register Citation: 38 Ill. Reg. 19458

Comment Period Expires: November 17, 2014

Submit Comments

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from the Nursing Home Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

Illinois Veterans’ Homes Code
(77 Ill. Adm. Code 340)

Date Published: October 3, 2014

Illinois Register Citation: 38 Ill. Reg. 19470

Comment Period Expires: November 17, 2014

Submit Comments

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from the Nursing Home Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

Intermediate Care for the Developmentally Disabled Facilities Code
(77 Ill. Adm. Code 350)

Date Published: October 3, 2014

Illinois Register Citation: 38 Ill. Reg. 19478

Comment Period Expires: November 17, 2014

Submit Comments

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from ID/DD Community Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

Long-Term Care for Under Age 22 Facilities Code
(77 Ill. Adm. Code 390)

Date Published: October 3, 2014

Illinois Register Citation: 38 Ill. Reg. 19491

Comment Period Expires: November 17, 2014

Submit Comments

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from ID/DD Community Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

Student Loan Repayment program Code
(77 Ill. Adm. Code 582)

Date Published: October 10, 2014

Illinois Register Citation: 38 Ill. Reg. 19623

Comment Period Expires: November 24, 2014

Submit Comments

 

A new Part is proposed to assist in the management and oversight of the federal government's Student Loan Repayment Program (SLRP). This program provides loan repayment for educational debt in exchange for the health professional working in a health shortage area. Illinois participates in SLRP and follows the federal guidelines for managing the program. The proposed administrative rules will maintain the federal stipulations and incorporate Illinois specific requirements regarding terms of performance for recipients.

 

Grade A Pasteurized Milk and Milk Products
(77 Ill. Adm. Code 775)

Date Published: September 5, 2014

Illinois Register Citation: 38 Ill. Reg. 18346

Comment Period Expires: October 20, 2014

Submit Comments

 

This rulemaking will address the procedures for permitting and inspecting dairy farms that sell or distribute raw milk from the premises of the dairy farm directly to consumers. This practice has occurred for over 30 years without rules. Per the Act, the practice of selling raw milk from the premises of the dairy farm must be done in accordance with rules. In the absence of rules and with Illinois’ adoption of the federal Pasteurized Milk Ordinance, raw milk sales are currently prohibited. This rulemaking will create a two-tiered permitting system for sales or distribution of raw milk from the premises of the dairy farm to consumers, given that certain requirements are met.

 

Smoke Free Illinois Code
(77 Ill. Adm. Code 949)

Date Published: August 15, 2014

Illinois Register Citation: 38 Ill. Reg. 17283

Comment Period Expires: September 29, 2014

Submit Comments

 

These rules implement the Smoke Free Illinois Act, Public Act 95-0017, which authorizes the Illinois Department of Public Health to enforce the provisions of the Act and to assess fines for violation of the Act. This rulemaking focuses specifically on clarification that smoking is prohibited in a restaurant, bar and any area where food, beverages, or both, are prepared or served by employees, including outdoor areas such as patios, beer gardens, decks, or rooftops or concession areas. Additionally, the proposed rule includes provisions regarding filing of complaints and enforcement provisions.

 

Food Service Sanitation Code
(77 Ill. Adm. Code 750)

Date Published: August 8, 2014

Illinois Register Citation: 38 Ill. Reg. 16682

Comment Period Expires: September 22, 2014

Submit Comments

 

This rulemaking will amend definitions; amend requirements for certification and recertification issuance for Food Service Sanitation Manager Course (FSSMC) Certified Instructors; update course criteria qualifications, the procedure for becoming an instructor and the renewal process; add a new proctor application fee and approval process; and amend enforcement procedures for instructors administering the FSSMC course and exam. Several Sections and Appendices in the Code are being repealed to implement Public Act 93-0566, which reduces the required training hours for an FSSMC from 15 down to seven and eliminates the State FSSMC exam. Clean-up changes are being made in the Section detailing required training hours for the Food Service Sanitation Manager Certification. The outdated number of hours that should have been removed in the amendment effective May 21, 2014 is now being removed.

 

Local Health Protection Grant Rules
(77 Ill. Adm. Code 615)

Date Published: August 1, 2014

Illinois Register Citation: 38 Ill. Reg. 16145

Comment Period Expires: September 15, 2014

Submit Comments

 

The proposed amendments make changes to the program standards for the four public health programs (Infectious Diseases, Food Protection, Potable Water Supply, and Private Sewage Disposal) funded by the Local Health Protection Grants. In addition, the proposed amendments outline the specific program standards that the Department will use to evaluate the local health departments. The proposed amendments also make necessary changes to some definitions and to some referenced materials.

The amendments to Section 615.100 add definitions for terms used in the rules and remove the definition of a term no longer used.

The amendments to Section 615.110 delete an out-of-date publication from the list of incorporated materials and add a list of referenced statutes and administrative rules.

The amendments to Section 615.220 clarify how the Department will conduct reviews of local health departments. In addition, these amendments outline how the Department will determine substantial compliance for each of the four public health programs during the local health department reviews. These amendments also clarify the process the Department will use to notify local health departments of the determination of substantial compliance.

The amendments to Section 615.300 bring the infectious disease reporting requirements into line with the Control of Communicable Diseases Code (77 Ill. Adm. Code 690) and other Department rules. These amendments also update references to certain publications and define the electronic reporting systems to be used for infectious disease reporting and investigations. In addition, these amendments clarify training requirements for infectious disease staff.

The amendments to Section 615.310 replace specific information that is contained in the Food Service Sanitation Code (77 Ill. Adm. Code 750) with appropriate references to those rules instead. This will eliminate the need to amend Section 615.310 when changes to the Food Service Sanitation Code are made in the future. These amendments also clarify the self-evaluation/quality assurance review requirements and expand the training requirements for program staff.

The amendments to Section 615.320 add licensing and inspection responsibilities for closed loop wells, in accordance with recent amendments to the Water Well Construction Code (77 Ill. Adm. Code 920). The amendments to this Section also clarify the requirements for inspecting water wells and closed loop wells. In addition, the amendments clarify training requirements for program staff.

The amendments to Section 615.330 clarify the inspection requirements for private sewage disposal systems and allow local health departments to share inspection reports for septage hauling equipment.

The amendments to Section 615.340 change the reporting requirements for the Food Protection, Potable Water Supply, and Private Sewage Disposal programs from annual reports to quarterly reports. This brings these rules into compliance with the requirements of the Illinois Grant Funds Recovery Act [30 ILCS 705]. These amendments also update references to statutes and Department personnel. In addition, these amendments consolidate the record retention requirements for the four public health programs into the common requirements for all programs and explain how the Department will approve training required for the four public health programs.

The amendment to Section 615.410 updates a reference to Department rules.

 

Water Well Construction Code
(77 Ill. Adm. Code 920)

Date Published: July 25, 2014

Illinois Register Citation: 38 Ill. Reg. 15874

Comment Period Expires: September 8, 2014

Submit Comments

 

The addition of the definition of "Storm Sewer" clarifies the proposed setback changes made to Section 920.Table C. The proposed changes to Section 920.Table C represent the closed loop well advisory board's recommendations to the Department. The changes reflect agreement between the Department and closed loop and water well drilling industries regarding the setback requirements between closed loop wells, water wells, and sources of contamination, specifically sewers. This rulemaking was recommended by the Joint Committee on Administrative Rules (JCAR). As part of a previous rulemaking adopted November 25, 2013, the Department agreed with JCAR to continue its discussions with the commentators on that rulemaking concerning how the current 50-foot setback could be modified to accommodate geothermal applications and still protect the groundwater, and to propose a rulemaking within six months addressing the setback issue.

 

Rules in the Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

Grade A Pasteurized Milk and Milk Products
(77 Ill. Adm. Code 775)

Date Published: May 23, 2014

Illinois Register Citation: 38 Ill. Reg. 10853

JCAR Meeting: October 14, 2014

 

This rulemaking will incorporate administrative procedures for the certified pasteurizer sealer program and the issuance of the certified pasteurizer sealer permit. The certified pasteurizer sealer program allows the Department to authorize a permitted certified sealer, or an employee of the milk plant, to test and temporarily seal pasteurization equipment. The Department will then re-test and re-seal within 10 days. The industry acknowledges that product produced could be recalled if the product was not pasteurized correctly during the time period from when the certified sealer tests and seals the pasteurization equipment to when the Department re-checks the equipment. This rulemaking also makes a technical change to update a referenced document, the Grade A Pasteurized Milk Ordinance, to the most current version.

 

Adopted Rules

Emergency | First Notice | Second Notice | Regulatory Agenda | Withdrawn

Tanning Facilities Code
(77 Ill. Adm. Code 795)

Date Published: December 5, 2014

Illinois Register Citation: 38 Ill. Reg. 23142

Effective Date: November 24, 2014

 

This rulemaking is necessary to clean up language that has been determined to be unclear by tanning facility owners and operators and facility inspectors or is outdated.

 

Specialized Mental Health Rehabilitation Facilities Code
(77 Ill. Adm. Code 380)

Date Published: December 5, 2014

Illinois Register Citation: 38 Ill. Reg. 22897

Effective Date: November 21, 2014

 

Part 380 implements the Specialized Mental Health Rehabilitation Act of 2013. Its six Subparts address provisional licensure, licensure, training of staff, the assessment of consumers, physical plant requirements, and the care to be provided to consumers in the four levels of service to be provided in specialized mental health rehabilitation facilities.

 

Skilled Nursing and Intermediate Care Facilities Code
(77 Ill. Adm. Code 300)

Date Published: December 5, 2014

Illinois Register Citation: 38 Ill. Reg. 22851

Effective Date: November 21, 2014

 

Subpart T of the Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300) established the minimum certification requirements for facilities that participated in the Illinois Department of Healthcare and Family Services’ demonstration program for providing services to persons with serious mental illness. The passage of the Specialized Mental Health Rehabilitation Act of 2013 [210 ILCS 49] in May, 2013, effectively ended the demonstration program. Facilities that were previously licensed under Part 300 and certified under Subpart T of Part 300 will be licensed under the new Act and the Specialized Mental Health Rehabilitation Facilities Code (77 Ill. Adm. Code 380). Emergency rules for Part 380 were filed on May 22, 2014. Because Subpart T is no longer needed, it is being repealed.

 

Lawn Irrigation Contractor and Lawn Sprinkler System Registration Code
(77 Ill. Adm. Code 892)

Date Published: Pending December 5, 2014

Illinois Register Citation: Pending

Effective Date: November 21, 2014

 

Changes to these rules include amendments to the existing irrigation contractor annual registration fees recommended by the Plumbing Code Advisory Council in order to reflect the progressive cost increase that the Department has incurred for over a decade and the progressive cost increase that the Department will incur in the near future for the production and administration of irrigation contractor registration. Minor modifications to format are being made to increase uniformity between the Part and the required codification system established by the Secretary of State.

 

Plumbing Contractor Registration Code
(77 Ill. Adm. Code 894)

Date Published: Pending December 5, 2014

Illinois Register Citation: Pending

Effective Date: November 21, 2014

 

Changes to these rules include amendments to the existing irrigation contractor annual registration fees recommended by the Plumbing Code Advisory Council to reflect the progressive cost increase that the Department has incurred for over a decade and the progressive cost increase that the Department will incur in the near future for the production and administration of irrigation contractor registration. Minor modifications to format are being made to increase uniformity between the Part and the required codification system established by the Secretary of State. A new Referenced Materials Section is being added. In Section 894.40, subsections (d) and (e) are being deleted because the language is redundant. These subsections provide a process whereby the Department is to issue a Notice of Intent to Revoke Registration for a plumbing contractor who does not have a valid certificate of insurance or surety bond. The process described in the deleted subsections duplicates Section 894.60, which establishes the process of providing Notice for any violation of the Code.

 

The Illinois Food, Drug and Cosmetic Act
(77 Ill. Adm. Code 720)

Date Published: Pending December 5, 2014

Illinois Register Citation: Pending

Effective Date: November 21, 2014

 

The Department has issued Certificates of Free Sale for all product items (food, drugs, cosmetics) under the Illinois Food, Drug and Cosmetic Act for a $10 fee to include an unlimited number of items. This rulemaking develops new rules for issuance of Certificates of Free Sale to only Illinois Food and Dairy Manufacturers, Processors, Warehousers and Packers, or those facilities which the Department inspects, permits or surveys. In addition, the rulemaking states that a certificate of free sale will include no more than five items. Section 720.10 is being added to update the statutory citation and to make other technical corrections. A new Section is being added to list referenced materials.

 

Food Service Sanitation Code
(77 Ill. Adm. Code 750)

Date Published: December 5, 2014

Illinois Register Citation: 38 Ill. Reg. 23109

Effective Date: November 21, 2014

 

As currently written, this Part is in conflict with the Food Handling Regulation Enforcement Act, which was recently amended by Public Act 098-0566 to require food handler training for any food handler working in a retail food establishment. This rulemaking will add definitions, course content, course approval, and requirements for food handler training.

 

The Dental Student Grant Act
(77 Ill. Adm. Code 592)

Date Published: December 5, 2014

Illinois Register Citation: 38 Ill. Reg. 23080

Effective Date: November 21, 2014

 

Changes are proposed to Part 592 due to amendments to the Dental Student Grant Act. Public Act 87-665 removed the Act's definition regarding designated shortage area and the requirement that a grant recipient work in a shortage area after graduating from dental school. Public Act 91-0798 repealed the Act's requirement regarding the creation and administration of the Dental Student Grant Advisory Committee. Finally, Public Act 97-396 amended Section 3.07 of the Act regarding the definition of racial minority.

 

Visa Waiver Program for International Medical Graduates
(77 Ill. Adm. Code 591)

Date Published: December 5, 2014

Illinois Register Citation: 38 Ill. Reg. 23048

Effective Date: November 21, 2014

 

Changes to Part 591 are proposed to incorporate new definitions, clarify eligibility requirements, update application criteria, revise selection standards, and amend the term of performance for participating physicians.

 

Laboratory Service Fees
(77 Ill. Adm. Code 475)

Date Published: November 14, 2014

Illinois Register Citation: 38 Ill. Reg. 21494

Effective Date: November 5, 2014

 

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 revise all tests by name and each test’s associated fee. The amendments provide for charging fees based on current calculations of costs, including commodity costs, personnel and 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 establish a fee to recover costs associated with providing patients their laboratory test results as required by federal legislation.

The proposed amendments update information about the acceptability of samples and specimens, the period of time for which they will be retained, and the ability to share those specimens for quality assurance and method development purposes.

 

HIV/AIDS Confidentiality and Testing Code
(77 Ill. Adm. Code 697)

Date Published: October 31, 2014

Illinois Register Citation: 38 Ill. Reg. 20811

Effective Date : October 15, 2014

 

This rulemaking implements Public Act 98-0353, which was passed on August 16, 2013 and removed the requirement to notify school principals of students enrolled in a school program who are HIV infected. Section 697.100 is being amended to change the word "confirmatory" to "supplemental," which is more in line with the new HIV testing algorithm, and to reference the definition of a supplemental test, which is included in Section 697.20.

 

Control of Sexually Transmissible Infections Code
(77 Ill. Adm. Code 693)

Date Published: October 31, 2014

Illinois Register Citation: 38 Ill. Reg. 20788

Effective Date : October 15, 2014

 

Various Sections are being amended to clarify the language. The rulemaking also implements Public Act 98-0353, which was passed on August 16, 2013, and removed the requirement to notify school principals of students enrolled in a school program who are HIV infected. Language on the use of expedited partner therapy is being added to the rules.

 

Plumbers Licensing Code
(68 Ill. Adm. Code 750)

Date Published: October 10, 2014

Illinois Register Citation: 38 Ill. Reg. 19715

Effective Date: September 23, 2014

 

Changes to these rules include amendments to the existing plumbers’ and apprentice plumbers' examination and licensure fees recommended by the Plumbing Code Advisory Council to reflect the progressive cost increase that the Department has incurred for over a decade and the progressive cost increase that the Department will incur in the near future for the production and administration of examination and licensure. Minor modifications to format are being made to increase uniformity between the Part and the required codification system established by the Secretary of State.

 

Practice and Procedure in Administrative Hearings
(77 Ill. Adm. Code 100)

Date Published: October 3, 2014

Illinois Register Citation: 38 Ill. Reg. 19538

Effective Date: September 22, 2014

 

This rulemaking updates and clarifies the Department’s Practice and Procedure in Administrative Hearings. Updates include aligning appearance, discovery, and subpoena provisions with Illinois Supreme Court Rules, the Illinois Code of Civil Procedure, and federal rules concerning discovery of documents belonging to the federal government. The rulemaking clarifies rules concerning stipulations, objections, filing answers and requesting a hearing; streamlines use of official documents and records; and allocates costs for hearing transcripts. Procedures under the Smoke Free Illinois Act are also updated.

 

Collection, Disclosure and Confidentiality of Health Statistics; Institutional Review Board
(77 Ill. Adm. Code 1005)

Date Published: September 26, 2014

Illinois Register Citation: 38 Ill. Reg.19251

Effective Date: September 10, 2014

 

Institutional Review Board (IRB) approval is required for the release of certain data, as required by statute (e.g., the Health Statistics Act). The amendments provide information for external stakeholders regarding submission of applications to the IRB, and explain how the IRB review process takes place.

The Department's Director is signatory to the United States Department of Health and Human Services Federal-wide Assurance (FWA) for the Protection of Human Subjects in Research, and the IRB is responsible for ensuring that when the Department becomes engaged in research to which the FWA applies, it is compliant with federal requirements.

The amendments proposed for Subpart A (General Provisions) clarify definitions, lay out an application procedure for data release, and repeal provisions relating to the Data Protection Review Board (DPRB), which no longer exists.

The amendments proposed for Subpart B (Institutional Review Board) provide information regarding the IRB’s role, composition and review process.

 

Ambulatory Surgical Treatment Center Licensing Requirements
(77 Ill. Adm. Code 205)

Date Published: September 26, 2014

Illinois Register Citation: 38 Ill. Reg. 19208

Effective Date: September 9, 2014

 

Part 205 regulates Ambulatory Surgical Treatment Centers, including ownership, organization, quality assessment, surgical procedures, and sanitation.

The adopted amendments to Part 205 reflect changes in the U.S. Department of Health and Human Services’ Centers for Medicare & Medicaid Services Ambulatory Surgery Centers Conditions for Coverage (42 CFR 416). The amendments create a governing body; expand the requirements for the ASTC’s organizational plan and the standards of professional work; require the ASTC’s policies and procedures manual to include a data-driven quality assessment program; and update the requirements for emergency post-operative and pre-operative care.

A new Section, Infection Control (Section 205.550), is being added, and Section 205.115 (Incorporated and Referenced Materials) is being updated to reflect the requirements in the new Infection Control Section. Sections 205.350 and 205.860 are being amended to clean up obsolete statutory references, and Section 205.610 is being amended to require ASTCs to comply with the Pregnancy Termination Report Code (77 Ill. Adm. Code 505).

 


Withdrawn Rules

Emergency | First Notice | Second Notice | Regulatory Agenda | Withdrawn

There are no withdrawn rules posted at this time.
 


 
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