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What New Laws Pertaining to Medicine Kicked in on January 1?
Posted on: 1/3/2018

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In between the negotiations to end Illinois' longest budget impasse in history, lawmakers managed to pass about 200 laws that took effect on January 1. Among them, corn is now the official grain of Illinois, bike riding is the official exercise and pet owners can create partial or joint custody for pets as part of a divorce agreement!

Closer to home, here are highlights of new laws as they pertain to medicine:

Opioid crisis, drug abuse prevention

  • Public Act 100-0564 requires anyone possessing an Illinois controlled substance license to register with Illinois' Prescription Monitoring Program (PMP). There is also a new requirement for prescribers to access the PMP before writing an initial prescription for a Schedule II narcotic, such as an opioid (some exceptions apply).

  • Public Act 100-0368 makes changes to the Illinois Controlled Substances Act to prohibit synthetic drugs like bath salts.*

  • Public Act 100-0404 creates an imprisonment term for a person who unlawfully delivers a controlled substance to another person, and that other person’s death is caused by any amount of that controlled substance.

Health IT

  • Public Act 100-0385 removes the requirement that a psychiatrist be in the same room as a Medicaid patient when providing services, thus allowing treatment via teleconference.

  • Public Act 100-0317 creates the Telehealth Act and amends the definition of "telemedicine" to include treatment of a patient in Illinois by a person in a different location than the patient. Telemedicine does not include health care services provided to an existing patient while the Illinois physician or patient is traveling.

 

Medical Service

  • Public Act 100-0041 allows driver's license or identification card applicants who are 16 years old or older (rather than 18) the opportunity to be included in the First Person Consent Organ and Tissue Donor Registry.

  • Public Act 100-0280 allows emergency medical services personnel to administer Schedule II, III, IV or V controlled substances to a person in the scope of their employment without a written, electronic or oral prescription.

  • Public Act 100-0099 requires hospitals and health care providers that receive funds from the State to only refer patients to agencies that are properly licensed under the Home Health, Home Services, and Home Nursing Agency Licensure Act.

  • Public Act 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.

  • Public Act 100-0247 requires the Illinois Law Enforcement Training Standards Board to create a course on mental health awareness including recognizing mental crises that require an immediate response.

  • Public Act 100-0306 prohibits hospitals from maintaining a list of individuals who cannot be admitted for treatment.

  • Public Act 100-0050 amends the Mental Health and Developmental Disabilities Administrative Act to expand the list of entities in which authorized direct care staff can administer medications to people with developmental disabilities.

  • Public Act 100-0395  requires insurance to cover comprehensive ultrasound screening and MRI if a mammogram demonstrates dense breast tissue, when medically necessary as determined by a physician.


Medical Legal 

  • Public Act 100-0549 expands the list of goods or services covered by the Prompt Payment Act to include prevention, intervention, or treatment services and supports for youth. (The list already includes covered health care provided to eligible adults and their covered dependents.)

  • Public Act 100-0386 bars health insurance companies from denying coverage to Illinoisans with pre‐existing conditions.

  • Public Act 100-0513 renews the Nurse Practice Act with modifications to provide advanced practice registered nurses practice more independence and prescribing rights. ISMS successfully reeled back the APRN agenda and initiated legislation that keeps in place many important patient safeguards, while allowing some additional authority for advanced practice registered nurses who pursue further education and clinical training.

  • Public Act 100-0286 requires the Department of Financial and Professional Regulation to consider mitigating factors when considering applicants with criminal convictions for certain licenses, certificates and registrations.

  *As it is widely believed that most bath salts are made with methylenedioxypyrovalerone (MDPV), the ISMS House of Delegates adopted policy in 2011 to ban MDPV because it was being sold as bath salts. Later, ISMS-supported legislation was signed into law adding MDPV to the list of Schedule I Controlled Substances, making it illegal to possess MDPV in Illinois.



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