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 Proposed Rules and Legal Changes

Emergency Rulemakings


  1. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545)
This rulemaking implements portions of Public Act 100-0775, signed August 10, 2018 and effective January 1, 2019, which amended the Sexual Assault Emergency Treatment Center Act [410 ILCS 70] to provide for emergency treatment for pediatric sexual assault survivors, whether in hospital or in a new category of health care provider, an approved pediatric health care facility.  The purpose of these rules is to ensure that hospitals and pediatric health care facilities submit their plans to the Department for approval on or as close to the January 1, 2019, effective date of Public Act 100-0775 as possible. This rulemaking is part of the Illinois Department of Public Health’s efforts to ensure that sexual assault survivors of all ages receive the proper medical and forensic treatment they need. The amendments in P.A. 100-0775 provide for comprehensive medical and forensic treatment of pediatric sexual assault survivors in hospitals, approved pediatric health care facilities, and in out-of-state hospitals that comply with specific criteria.
In order to meet the statutory deadline the Department proposed this rulemaking as an Emergency rulemaking with an identical proposed rulemaking.


Publication: January 11, 2019; 45 days expires February 25, 2019
Emergency rule effective: January 1, 2019 for a maximum of 150 days
Emergency rule expires: June 10, 2019
Comments should be sent to Dph.Rules@illinois.gov


  1. Compassionate Use of Medical Cannabis Pilot Program (77 Ill. Adm. Code 946)
This rulemaking implements P.A. 100-1114.  It updates the Code by adding definitions, modifying incorporated references, removing references to fingerprint requirements and excluded offenses, and adding requirements for participation in the Opioid Alternative Pilot Program. The rulemaking also adds language to align with P.A. 100-0660, effective August 1, 2018. Additionally, the rulemaking corrects or clarifies changes made in previous amendments.
 
In order to meet the statutory deadline, the Department proposed this rulemaking as an Emergency rulemaking with an identical proposed rulemaking.
 
Publication: December 7, 2018; 45 days expires January 21, 2019
Emergency rule effective: December 1, 2018 for a maximum of 150 days
Emergency rule expires: April 30, 2019
Comments should be sent to Dph.Rules@illinois.gov
Rules on First Notice (minimum of 45 days public comment period)               


  1. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545)
This rulemaking implements portions of Public Act 100-0775, signed August 10, 2018 and effective January 1, 2019, which amended the Sexual Assault Emergency Treatment Center Act [410 ILCS 70] to provide for emergency treatment for pediatric sexual assault survivors, whether in hospital or in a new category of health care provider, an approved pediatric health care facility.The purpose of these rules is to ensure that hospitals and pediatric health care facilities submit their plans to the Department for approval on or as close to the January 1, 2019, effective date of Public Act 100-0775 as possible. This rulemaking is part of the Illinois Department of Public Health’s efforts to ensure that sexual assault survivors of all ages receive the proper medical and forensic treatment they need. The amendments in P.A. 100-0775 provide for comprehensive medical and forensic treatment of pediatric sexual assault survivors in hospitals, approved pediatric health care facilities, and in out-of-state hospitals that comply with specific criteria.
In order to meet the statutory deadline the Department is proposing this rulemaking as an Emergency rulemaking with an identical proposed rulemaking.


Publication: January 11, 2019; 45 days expires February 25, 2019
Emergency rule effective: January 1, 2019
Emergency rule expires: June 10, 2019
Comments should be sent to Dph.Rules@illinois.gov


  1. Illinois Plumbing Code (77 Ill. Ad. Code 890)
This rulemaking addresses public health concerns associated with waterborne opportunistic pathogens (such as Legionella) and hazardous substances (such as lead) in potable water systems and introduces national standards for harvested water systems. The proposed rulemaking includes revisions to language on the installation of dialysis machines to reduce potential cross contamination.
 
The Department will hold a public hearing for this rulemaking on February 4, 2019 in Springfield.
 
Publication: December 28, 2018; 45 days expires February 11, 2019
Comments should be sent to Dph.Rules@illinois.gov


  1. Compassionate Use of Medical Cannabis Pilot Program (77 Ill. Adm. Code 946)
This rulemaking implements P.A. 100-1114.  It updates the Code by adding definitions, modifying incorporated references, removing references to fingerprint requirements and excluded offenses, and adding requirements for participation in the Opioid Alternative Pilot Program. The rulemaking also adds language to align with P.A. 100-0660, effective August 1, 2018. Additionally, the rulemaking corrects or clarifies changes made in previous amendments.
 
In order to meet the statutory deadline, the Department is proposing this rulemaking as an Emergency rulemaking with an identical proposed rulemaking.
Emergency rule effective: December 1, 2018 for a maximum of 150 days


Publication: December 7, 2018; 45 days expires January 21, 2019
Emergency rule expires: April 30, 2019
Comments should be sent to Dph.Rules@illinois.gov


  1. Alzheimer’s Disease And Related Dementias Services Code (77 IAC 973)
This rulemaking creates a new Part, 77 Ill. Adm. Code 973, that implements Public Act 99-0822, which created the Alzheimer's Disease and Related Dementias Services Act [410 ILCS 406], and SB 2808, a trailer bill that amended the Act pursuant to negotiations between the Department and the Alzheimer’s Association. This new Part increases Department oversight of Alzheimer’s care and the training of Alzheimer’s caregivers in facilities licensed under the Assisted Living and Shared Housing Establishment Act, the Nursing Home Care Act, and the Home Health, Home Services, and Home Nursing Agency Licensing Act.


Publication: November 2, 2018; 45 days expires December 17, 2018
Comments should be sent to Dph.Rules@illinois.gov


  1. Certified Local Health Department Code (77 IAC 600)
This proposed rulemaking seeks to amend provisions related to local health department certification requirements and to eliminate the requirements for completion of a community health assessment and plan and the need to seek approval for executive officers.
Publication: September 14, 2018; 45 days expires October 29, 2018
Comments should be sent to Dph.Rules@illinois.gov
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