Legislative Update
Following a two-week spring break, the Illinois General Assembly started its final stretch of the 2023 Spring Session on Tuesday, April 18. An early adjournment is still scheduled for May 19.
Both chambers will begin to consider the opposite chamber’s legislation at the committee level and also finalize original chamber legislation that remains pending with extended deadlines. Appropriations committees in both chambers continue to review the Governor’s introduced budget at the agency level. April 28 is the deadline to pass substantive bills out of committee in the opposite chamber.
Don’t forget to:
- Circulate the Local Health Protection Grant Increase letter to your Senator and Representative
- Register for the May 3 Capitol Visit Day (registration form included in the packet)
2023 Key Dates:
April 28: Deadline – Substantive Bills Out of Committee in both chambers
May 11: Deadline – Third Reading Substantive House Bills in Senate
May 12: Deadline – Third Reading Substantive Senate Bills in House
May 19: Adjournment
HB2 DHS-OVERDOSE PREVENTION SITES (FORD L) Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.
Current Status: 3/22/2023 - House Appropriations-Health & Human Services
Bill Position: Support
HB1558 IDPH-MEDICAID FEES (HIRSCHAUER M) Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Removes language requiring the Department of Public Health to establish, by rule, and charge a fee to any facility or program applying to be certified to participate in the Medicare program or in the Medicaid program to cover the costs associated with the application, inspection, and survey of the facility or program and processing of the application.
Current Status: 4/18/2023 - House Bills on Second Reading Bill
Position: Support
HB1558 HB1632 FOSTER CARE-SNAP BENEFITS (SCHERER S) Amends the Administration Article of the Illinois Public Aid Code. Provides that all foster families shall automatically qualify for Supplemental Nutrition Assistance Program benefits regardless of income, subject to federal approval if required. Requires the Department of Human Services to apply for any federal waivers or approvals necessary to implement the amendatory Act. Effective immediately.
Current Status: 3/22/2023 - House Appropriations-Health & Human Services
Bill Position: Support
HB2039 ACCESS TO PUBLIC HEALTH DATA (MOELLER A) Creates the Access to Public Health Data Act. Provides that the Department of Public Health, the Department of Human Services, and the Department of Children and Family Services shall, at the request of a local health department in Illinois, make any and all public health data related to residents of that local health department's jurisdiction available to that local health department for the purposes of preventing or controlling disease, injury, or disability. Provides that the Department of Public Health, the Department of Human Services, and the Department of Healthcare and Family Services may adopt any rules necessary to implement the Act. Exempts specified information from inspection and copying under the Freedom of Information Act and makes a conforming change in that Act. Contains other provisions. Amends the Vital Records Act. Provides that no rule adopted by the Department of Public Health shall be construed as restricting access to vital records by any municipality, county, multicounty, public health district, or regional health officer recognized by the Department for the purposes described in specified provisions.
Current Status: 4/18/2023 - Assigned to Senate Public Health
Bill Position: Support State
HB2086 CONSUMER-OWNED CONTAINERS (STAVA-MURRAY A) Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.
House Floor Amendment No. 1 - Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that self-service by consumers is not prohibited if the take-home containers are maintained clean, sanitary, free from debris, smooth, durable, and easy-to-clean, and are not capable of causing, through cleanliness or design, conditions that may cause or spread disease (rather than cleaned, stored, and dispensed in a sanitary manner). Provides that a restaurant or retailer may fill or refill a consumer-owned container with ready-to-eat or dry bulk foods (rather than ready-made food). Provides that the local (rather than county) health departments and municipalities shall not prohibit specified actions by a retailer or restaurant. Removes language providing that the Department of Public Health shall produce materials for restaurants and retailers in print format. Allows the Department of Public Health to adopt administrative rules necessary to implement, interpret, and administer the provisions. Effective immediately.
Current Status: 4/20/2023 - Senate Environment and Conservation Time & Location: 9:30 AM, Room 400 Capitol Building
Bill Position: Monitoring
HB2267 DENTAL PRACTICE-VARIOUS (STUART K) Amends the Illinois Dental Practice Act. Changes the definition of "public health supervision". Provides that without the supervision of a dentist, a dental hygienist may perform dental health education functions, including instruction in proper oral health care and dental hygiene in, for example, a school setting, a long-term care facility, and a health fair (rather than just either a school setting and a long-term care facility). Provides that a dental hygienist may record case (rather than care) histories and oral conditions. Provides that a dentist may enter into an agreement for public health supervision with 4 (rather than 2) public health dental hygienists. Provides that the Department of Public Health Oral Health Section shall compile and publicize public health dental hygienist service data annually. Makes other changes.
Current Status: 4/19/2023 - Senate Licensed Activities Time & Location: 2:00 PM, Capitol Building Room 400
Bill Position: Support
SB78 DHS-OVERDOSE PREVENTION SITES (FEIGENHOLTZ S) Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.
Current Status: 1/20/2023 - Referred to Senate Assignments
Bill Position: Support
SB182 IEMA-LOCAL HEALTH DEPARTMENTS (MURPHY L) Amends the Illinois Emergency Management Agency Act. Provides that, if the Governor has issued a statewide disaster proclamation under the Act, all local health departments shall, for the period during which that proclamation remains in effect, report to and be directed by the Department of Public Health.
Current Status: 3/31/2023 - Rule 3-9(a) / Re-referred to Assignments. This bill is probably dead for this session, but we will continue to monitor it.
Bill Position: Oppose
SB199 NURSES-PRESCRIBE AUTHORITY (FEIGENHOLTZ S) Senate Floor Amendment No. 1 - Replaces everything after the enacting clause. Amends the Nurse Practice Act. Provides that the scope of practice of an advanced practice registered nurse with full practice authority includes prescribing up to a 120-day supply of benzodiazepines without a consultation relationship with a physician. Provides that thereafter, continued prescription of benzodiazepines shall require a consultation with a physician. Makes other changes.
Current Status: 4/19/2023 - House Health Care Licenses Time & Location: 10:00 AM, Room 122B Capitol Building
Bill Position: Support
SB1402 DHS-NALOXONE KIT PILOT PROGRAM (FINE L) Amends the Early Mental Health and Addictions Treatment Act. Requires the Department of Human Services to implement a 2-year pilot program to provide FDA-approved 8-milligram naloxone nasal spray kits to licensed community substance use providers and public health departments in Cook County, DuPage County, Winnebago County, Sangamon County, and St. Clair County. Requires the Department to implement a data collection program to determine the number of 8-milligram naloxone nasal spray kits administered by emergency medical service providers and bystanders per overdose incident during the 2-year term of the pilot program. Provides that the data collected must also include the number of overdose reversals and deaths following the administration of the 8-milligram naloxone nasal spray. Requires the Department to prepare a report on the results of the 2-year pilot program and submit the report to the General Assembly by July 1, 2026. Effective January 1, 2024.
Senate Committee Amendment No. 1 - In a provision requiring the Department of Human Services to implement a data collection program to determine the number of 8-milligram naloxone nasal spray kits administered by emergency service providers and bystanders during the 2-year pilot program, provides that the data must (i) include the number of individuals who survived as a result of the 8-milligram naloxone nasal spray intervention and those who became deceased and (ii) include the number of opioid overdose reversals attributed to the administration of the 8- milligram naloxone nasal spray intervention, by county (rather that requiring that the data collected must also include the number of individuals who survived an opioid overdose after receiving the 8-milligram naloxone nasal spray and the number of individuals who died of an opioid overdose after receiving the 8-milligram naloxone nasal spray).
Current Status: 4/20/2023 - House Mental Health & Addiction Time & Location: 10:00 AM, Room C-1 Stratton Building
Bill Position: Support
SB1561 SMOKE FREE ILLINOIS-E-CIG (MORRISON J) Senate Committee Amendment No. 2 - Replaces everything after the enacting clause. Amends the Smoke Free Illinois Act. Provides that a retail tobacco store that derives at least 80% of its gross revenue from the sale of electronic cigarettes and electronic cigarette equipment and accessories in operation before the effective date of the amendatory Act qualifies for a specified exemption for electronic cigarettes only. Provides that a retail tobacco store claiming an exemption for electronic cigarettes shall annually file with the Department of Public Health by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of electronic cigarettes. Includes a workplace that manufactures, imports, or distributes electronic cigarettes in the definition of "retail tobacco store". Includes the use of an electronic cigarette in the definition of "smoke". Defines "electronic cigarette".
Current Status: 4/20/2023 - House Public Health Time & Location: 9:00 AM, Room D-1 Stratton Building
Bill Position: Support
SB1803 LYME DISEASE INNOVATION PROG (MURPHY L) Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Provides that the Department of Natural Resources shall coordinate with the Department of Agriculture, the Department of Public Health, and members of the University of Illinois' INHS Medical Entomology Program to establish the Lyme Disease Innovation Program no later than one year after the effective date of the amendatory Act. Provides that the Department shall contract with a not-for-profit organization whose purpose is to raise awareness of tick-borne diseases with the public and the medical community to operate the Program. Provides that the Program's purpose is to raise awareness with the public and to assist persons at risk of Lyme disease and other tick-borne diseases with education and awareness materials and campaigns while developing evidence-based approaches that are costeffective. Includes provisions relating to the Program's objectives. Provides that the Program shall be funded by the Lyme Disease Awareness Fund. Amends the Recreational Trails of Illinois Act. Provides that the Department of Natural Resources shall issue to an off-highway vehicle owner an Off-Highway Vehicle Usage Stamp, and the Stamp shall be $10 or $5 depending on the size of the vehicle's engine capacity. Provides that the proceeds from the Stamp must be deposited into the Lyme Disease Awareness Fund. Makes a conforming change. Amends the State Finance Act to make a conforming change. Effective immediately.
Senate Floor Amendment No. 1 - Replaces everything after the enacting clause with provisions of the introduced bill, and makes the following changes. Provides that the Department of Natural Resources shall consult with (rather than coordinate with) the Department of Agriculture, the Department of Public Health, and members of the University of Illinois' INHS Medical Entomology Program to establish the Lyme Disease Innovation Program. Specifies that the Department shall contract with an Illinois not-for-profit organization to operate the Program. Provides that the Program's objectives include issuing grants to be funded by the Lyme Disease Awareness Fund and other appropriations to State agencies and Illinois not-for profit organizations. Provides that the Program may issue grants for the purpose of the University of Illinois' INHS Medical Entomology Program maintaining a passive tick and tick-borne pathogen surveillance program, based on ticks contributed by the Illinois public, and including tick identifications and disease-agent testing of a subset of identified ticks; compiling evidence and conducting research on tick bite prevention and risk of tick and tick-borne pathogen exposure; and providing evidence, results, and analysis and insight from both the passive surveillance program, on tick species and tick-borne disease-agent distributions and diversity in the State, and its related research on tick bite exposure and prevention, to support the Lyme Disease Innovation Program objectives. Requires the University of Illinois' Prairie Research Institute to be paid for the INHS Medical Entomology Program's operation of a passive tick surveillance and research program from moneys deposited into the Fund or from other appropriations. Removes provisions concerning the falsification of OffHighway Vehicle Stamps. Removes language that establishes the Off-Highway Vehicle Lyme Disease Awareness Stamp. Makes other changes. Effective immediately.
Current Status: 4/18/2023 - Assigned to House Agriculture & Conservation
Bill Position: Monitoring
SB2271 HOME HEALTH SERVICES (AQUINO O) Amends the Home Health, Home Services, and Home Nursing Agency Licensing Act. Provides that (i) a professional license shall be valid for a period of 240 days (rather than 120 days) unless sooner suspended or revoked, (ii) the Director of Public Health may renew a provisional license once for a period not to exceed 90 days (rather than 120 days) from the expiration date of the initial provisional license, and (iii) the fee for each single home health agency license or any renewal shall be $1,000 (rather than $25). Removes language requiring the Department of Public Health to develop and implement one application to be used even if a combination of licenses authorized under the Act is sought. Provides that the Home Health and Home Services Advisory Committee shall be composed of 15 voting members and one nonvoting member (rather than just 15 members). Provides that 2 (rather than one) of the voting members shall be individuals who represent an organization that advocates for consumers, and the nonvoting member shall be a home services worker. Provides that if the Department finds that a violation does not pose a substantial risk to the health or safety of an agency's clients or patients, the Department may choose to request a plan of correction for the Department's approval prior to issuing a notice of violation to the agency. Provides that if the agency fails to submit an acceptable plan of correction or fails to implement a Department-approved plan of correction within the time provided by the Department, the Department shall then issue the notice of violation. Makes other changes.
Senate Floor Amendment No. 1 - Provides that a 2-year license (rather than an annual license) shall be issued to any person conducting or maintaining a home health agency upon receipt of an application and payment of the licensure fee. Provides that the fee for each single home health agency license or any renewal shall be $1,500 (rather than $1,000 in the introduced bill).
Current Status: 4/18/2023 - Assigned to House Human Services
Bill Position: Monitor