As the new year begins, there are a number of new and amended laws going into effect in Illinois starting on January 1, 2023. A good portion of these laws impact and influence the practice of licensed professionals. It is necessary to review these laws and regulations in order to properly abide and comply with all relevant changes. A comprehensive list of related newly enacted and amended laws can be found below.
The Illinois Controlled Substance Act – Opioid Prescriptions
720 ILCS 570/311.6
Public Act 102-0490 / HB3596
Prescriptions for substances classified in Schedule II, III, IV, and V must be sent electronically, and the electronic format must be accepted by the dispenser. Any prescriber who certifies to the IDFPR that they will not issue more than 25 prescriptions (including in both oral and written form) during a 12-month period shall not be required to issue prescriptions electronically. For more information regarding this Act, please see here: Public Act 102-0490 / HB3596
The Illinois Controlled Substance Act – Confidentiality of Information
720 ILCS 570/318
Public Act 102-0751 / SB3024
A medical director, or a public health administrator and their delegated analysts, of a county or municipal health department or the Department of Public Health shall now have access to data from the IL PMP for certain purposes in accordance with a confidentiality agreement entered into with the IDFPR. Such purposes include (1) developing education programs or public health interventions relating to prescribing trends and controlled substance use, or (2) conducting analyses and publish reports on prescribing trends in their respective jurisdictions. More information regarding the amendments made to data privacy and the IL PMP can be found here: Public Act 102-0751 / SB3024
The Illinois Physician Assistant Practice Act
225 ILCS 95/6
Public Act 102-0735 / SB0145
Collaborating physicians must file with the IDFPR notices of employment, discharge or collaboration with a physician assistant within sixty (60) days of employment, discharge, or assumption of collaboration with a physician assistant. However, physician assistants may begin their employment before the notice of employment or collaboration has been filed. More information on this amendment can be found here: Public Act 102-0735 / SB0145
The Illinois Clinical Social Work and Social Work Practice Act
225 ILCS 20/4
Public Act 102-0785 / HB4797
Several exemptions have been added to the Clinical Social Work and Social Work Practice Act related to the practice of telehealth within Illinois by non-residents of Illinois. More information regarding these specific telehealth exemptions can be found here: Public Act 102-0785 / HB4797
The Task Force on Internationally-Licensed Health Care Professionals Act
225 ILCS 51/1
Public Act 102-0812 / HB5465
This new Act has been created with the hope to (1) remove barriers to licensure and practice for health care professionals licensed and practicing in other countries to get licensed and practice in Illinois; (2) address the health care workforce shortage in Illinois by increasing the supply of culturally competent physicians, nurses, and other health care professionals; and (3) protect the safety of patients and the broader public. More information about the new Task Force on Internationally-Licensed Health Care Professionals can be found here: Public Act 102-0812 / HB5465
The Vital Records Act
410 ILCS 535/1
Public Act 102-0844 / SB3498
The amended Act now allows physician assistants the ability to complete medical death certificates if so delegated by their collaborating physician. Additional information on this expanded role can be found here: Public Act 102-0844 / SB3498
The Abused and Neglected Child Reporting Act
325 ILCS 5/4
Public Act 102-0861 / SB3833
Physical therapists, physical therapy assistants, occupational therapists, and occupational therapy assistants have been added to the list of medical personnel that are required to immediately report to the Department of Children and Family Services (DCFS) when they have reasonable cause to believe that a child known to them in their professional or official capacities may be an abused or neglected child. More information can be found at: Public Act 102-0861 / SB3833
The Illinois Human Rights Act
775 ILCS 5/1-102
Public Act 102-0896 / HB2775
The people of Illinois now have the freedom from discrimination based on source of income when it comes to real estate transactions. “Source of income” is defined as the lawful manner by which an individual supports themselves or their dependents. It is now considered a civil rights violation for an owner or other person engaging in a real estate transaction, or for a real estate broker or salesman to unlawfully discriminate based on source of income in relation to transactions, terms, offers, negotiations, publications of intent, listings, solicitations, statements, and creating alarms. Financial institutions, however, are exempted from this regulation when considering source of income in a real estate transaction in compliance with State or federal law. Additional information regarding this Act can be found at: Public Act 102-0896 / HB2775
The Illinois Dental Practice Act
225 ILCS 25/17.1
Public Act 102-0936 / HB4501
Dental assistants that have completed the proper training now have the ability to perform coronal scaling and intracoronal temporization of teeth and thus hold themselves out as an “expanded function dental assistant.” Additional information on this amendment and the specific training requirements can be found here: Public Act 102-0936 / HB4501
The Nursing Home Care Act
210 ILCS 45/2-101
Public Act 102-1080 / SB1633
Residents of nursing homes have been granted the right to be treated with respect and maintain their human and civil rights as granted by federal and Illinois law. This also includes the requirement that all residents have their basic human needs met, which include water, food, medication, toileting, and personal hygiene, accommodated in a timely manner. Additional information on the rights of those living in nursing or long-term care facilities, including resident grievances, resident labor, and required posting of information, can be found here: Public Act 102-1080 / SB1633
The Nursing Home Care Act
210 ILCS 45/3-212
Public Act 102-0947 / HB4674
The Nursing Home Care Act has been amended to require IDPH to establish guidelines that will assist long-term care facilities and IDPH surveyors to ensure safe and effective care for seniors. More information regarding this effort can be found here: Public Act 102-0947 / HB4674
The Illinois Vehicle Code
625 ILCS 5/1-159.1
Public Act 102-1011 / SB3216
This Act has been amended to allow licensed physical therapists the ability to determine if a person falls under the definition of “person with disabilities.” For additional information regarding this specific determination, the amended Act can be found here: Public Act 102-1011 / SB3216
The Pharmacy Practice Act
720 ILCS 570/312
Public Act 102-1040 / SB2535
Pharmacists are now required, when dispensing opioids, to inform the patient that opioids are addictive, and to offer to dispense an opioid antagonist. More information can be found here: Public Act 102-1040 / SB2535
The Illinois Clinical Laboratory and Blood Bank Act
225 ILCS 85/3
Public Act 102-1051 / HB4430
Pharmacists may now provide patients with pre-exposure and post-exposure HIV prophylaxis drugs in accordance with a standing order by a licensed physician or the medical director of a county or local health department. Additional information on this expansion of the role of pharmacists and medication availability can be found here: Public Act 102-1051 / HB4430
The Health Care Worker Background Check Act
225 ILCS 46/26
Public Act 102-1063 / HB4332
Within the IDFPR’s Health Care Worker Registry, health care workers now have the option to include their federal taxpayer identification number as an alternative to providing their Social Security number. Information regarding the Health Care Worker Registry Background Check Act can be found here: Public Act 102-1063 / HB4332
The Latex Glove Ban Act
410 ILCS 180/1
Public Act 102-1095 / HB0209
Health care facility personnel are now prohibited from using latex gloves on a patient who is unconscious or otherwise unable to physically communicate and whose medical history lacks sufficient information to indicate whether or not the patient has a latex allergy. More information on this Act, including exemptions to this prohibition, can be found here: Public Act 102-1095 / HB0209
The Illinois Power of Attorney Act
755 ILCS 45/4-7
Public Act 102-0794 / HB5047
Agents may now use an electronic device to display an electronic copy of executed power of attorney documents as proof of the existence of a health care agency. A health care worker must accept the electronic version and make it part of the patient’s medical record. More information can be found here: Public Act 102-0794 / HB5047
The Illinois Public Trainers Practice Act
225 ILCS 5
Public Act 102-0940 / HB4629
Within the Act are several new grounds for discipline against an athletic trainer’s license, which include (1) failing to provide monthly reports on patients’ progress to their referring healthcare practitioners; (2) violation of the Health Care Worker Self-Referral Act; and (3) failure by a supervising athletic trainer of an aide to maintain contact, including personal supervision and instruction, to ensure the safety and welfare of an athlete. Additional information on the grounds for discipline, as well as a new option regarding licensure by endorsement, can be found here: Public Act 102-0940 / HB4629
The University of Illinois Hospital Act
The Assisted Living and Shared Housing Act
The Community Living Facilities Licensing Act
The Life Care Facilities Act
The Nursing Home Care Act
The MC/DD Act
The ID/DD Community Care Act
The Hospital Licensing Act
Public Act 102-1007 / SB3166
These Acts have been amended to require hospitals and other facilities licensed under these Acts to ensure that nurses employed by the hospitals and other facilities are aware of the Illinois Professionals Health Program (IPHP) by completing specified requirements. In addition, RNs and APRNs are now required to complete one hour of continuing education on substance abuse and disorders for nurses. More information regarding these amended Acts can be found here: Public Act 102-1007 / SB3166
If you would like additional information or assistance complying with any new law or regulation, please do not hesitate to contact us.