23 New Healthcare-Related Laws in Illinois

Michael R. Lied, Howard & Howard Attorneys PLLC

The Illinois legislature passed nearly 200 bills which become effective in 2018. Many of them have some connection with healthcare. Several are set forth below, in no particular order:

1. Public Act (“P.A.”) 100-0538 removes the “trigger” provision from Illinois law that would reinstate previous state policy banning abortion in the event Roe v. Wade is overturned by the U.S. Supreme Court.

2. P.A.100-0293 amends the Nursing Home Care Act to make it clear that an identification wristlet may be placed on any resident per a physician’s order.

3. P.A.100-0342 requires the Department of Public Health to develop an informational brochure about meningococcal disease and requires institutions of higher education to provide the brochure to students.

4. P.A.100-0050 expands the list of entities where authorized direct care staff can administer medications to people with developmental disabilities.

5. P.A. 100-0108 allows an EMT or paramedic to transport a police dog (I didn’t say all the laws related to humans!) injured in the line of duty to a veterinary clinic if there are no people requiring medical attention or transport at that time.

6. P.A. 100-0378 provides that consent protections for minors also apply to services performed by chiropractic physicians and licensed optometrists.

7. P.A. 100-0125 allows certain Department of Human Services officials to access prescription monitoring databases.

8. P.A. 100-0306 prohibits hospitals from maintaining a list of individuals that cannot be admitted for treatment, but instead gives the hospital the ability to recommend an alternate provider or arrange access to care services that best meets the needs of an individual patient.

9. P.A. 100-0385 removes the requirement that a psychiatrist be in the same room as a patient, thus allowing the use of treatment via teleconference.

10. P.A. 100-0386 bars health insurance companies from denying coverage to Illinoisans with pre-existing conditions.

11. P.A. 100-0184 creates the Advisory Council on Early Identification and Treatment of Mental Health Conditions, which is required to develop a set of recommendations and an action plan to address the barriers to early and regular screening of mental health conditions in children and young adults in Illinois.

12. P.A. 100-0196 increases the number of counseling visits available to minors 12 years old and older from five to eight sessions without having to receive prior consent from a guardian.

13. P.A. 100-0280 allows emergency medical services personnel to administer Schedule II, III, IV or V controlled substances to a person without a written, electronic or oral prescription.

14. P.A. 100-0395 requires insurance to cover mammograms for heterogeneous or dense breast tissue.

15. P.A. 100-0208 allows a pharmacist to administer progesterone injections to pregnant women to lower the risk of preterm birth if a patient has a valid prescription.

16. P.A. 100-0215 allows dental assistants to remove loose or broken orthodontic appliances and requires basic life support certification for dental assistants performing these expanded procedures.

17. P.A. 100-0530 extends the repeal date of the Illinois Speech-Language Pathology and Audiology Practice Act to January 1, 2028.

18. P.A. 100-0224 requires the Department of Public Health to promote awareness and programs for cancer screening of veterans.

19. P.A. 100-0231 requires the Department of Financial and Professional Regulation to issue a certified registered nurse anesthetist license to an advanced practice nurse who applies for the license before July 1, 2023 (rather than July 1, 2018) and meets certain other requirements.

20. P.A. 100-0099 requires healthcare providers to only refer patients to other home health providers that are properly licensed by the state.

21. P.A. 100-0317 eliminates the requirement for a physician practicing telemedicine to conduct an in-person patient history or physical examination of the patient before engaging in a telemedicine encounter if they meet certain conditions.

22. P.A. 100-0238 amends the School Code to include collection of data about asthma. Also requires the Department of Public Health to collect and maintain health data on asthma.

23. P.A. 100-0236 amends the Hypodermic Syringes and Needles Act to provide that an individual who is at least 18 years of age may purchase from a pharmacy and have in his or her possession up to 100 hypodermic syringes or needles.

Plainly, the legislature covered a wide area with these new healthcare-related laws. We’ll see how it all works out. iBi

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