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Proposed Rules

Emergency Rulemaking

  • Visa Waiver Program for International Medical Graduates (77 Ill. Adm. Code 591)
    Amended Sections, contained in the emergency rules that were effective September 19, 2022, are applicable to the October 2022 application cycle and subsequent implementation in addition to the Part 591 Sections that were not amended.
  • These emergency amendments are necessary to implement Public Act 102-0488 and allow the Department to consider forensic pathologists and medical examiners’ offices for the J-1 Visa Waiver Program. Pursuant to 77 Ill. Adm. Code 591.110(a), the Department will accept J-1 Visa (medical education) Waiver applications beginning October 1, 2022, with the intent to include forensic pathologists of Illinois medical examiners’ offices.
    Publication: 46 Ill. Reg. TBD; September TBD, 2022

Adopted Rulemakings

  1. 77-250, Hospital Licensing Requirements
    Adopted: September 1, 2022
    Adoption Published: 46 Ill. Reg. TBA; September TBA, 2022
    This rulemaking implements Public Act 102-0004, including new requirements that hospitals establish policies for testing their water supply for Legionella bacteria; Public Acts 102-0533 and 102-0750, regarding the use of surgical smoke plume evacuation systems; Public Act 102-0641 regarding nurse staffing requirements, and Public Act 102-0665 regarding policies and education related to severe maternal hypertension, obstetric hemorrhage, and other causes of maternal mortality. In addition to the statutory requirements, this rulemaking also addresses industry requests for amendments regarding non-medical staff orders for outpatient treatments. Additionally, this rulemaking updates incorporated and referenced materials consistent with updated guidelines and other incorporated and referenced materials. Further, the rulemaking includes statutory updates regarding posting and notification requirements related to information hospitals are required to make available to the public and will bring the Hospital Licensing Requirements into compliance with the Hospital Licensing Act.
  2. African-American HIV/AIDS Response Code (77 Ill. Adm. Code 691)
    Adopted: September 1, 2022
    Adoption Published: 46 Ill. Reg. TBA; September TBA, 2022
    This rulemaking seeks to clarify the Department’s understanding and intent to help streamline processes. In Section 691.100 regarding "Definitions", the proposed change from "majority" to "at least 51%" is to clarify what is meant by majority, to remove any confusion with "plurality".
  3. Head and Spinal Cord Injury Code (77 IAC 550)
    Adopted: August 30, 2022
    Adoption Published: 46 Ill. Reg. TBA; September TBA, 2022
    Second Notice was sent to JCAR on June 15, 2022.
    This rulemaking seeks to revise the current language to be reflective of current International Classification of Diseases (ICD) Injury Diagnosis Codes from the previous version of codes. Eliminate outdated Appendixes and revise the availability of head and spinal cord injury data received by the Department. The changes are consistent with the Department’s use of data and the confidentiality of Protected Health Information for research or quality improvement.
  4. Violent Injury Reporting Code (77 IAC 560)
    Adopted: August 30, 2022
    Adoption Published: 46 Ill. Reg. TBA; September TBA, 2022
    This rulemaking seeks to revise the current language to be reflective of current International Classification of Diseases (ICD) Cause of Injury Codes from the previous version of codes. Eliminate outdated Appendixes and revise the availability of violent injury data received by the Department. The changes are consistent with the Department’s use of data and the confidentiality of Protected Health Information for research or quality improvement.
  5. Water Well Construction Code (77 IAC 920)
    Adopted: August 30, 2022
    Adoption Published: 46 Ill. Reg. TBA; September TBA, 2022
    This rulemaking addresses language inconsistencies and reorganizes Sections of the Water Well Code to increase clarity of the requirements. The rulemaking also further protects the environment and decreases regulatory burden by removing the permit requirement for well casing repairs above the pitless unit/adaptor. This allows homeowners to quickly repair a broken casing without waiting for a permit. Additionally, the rulemaking defines the quality of materials for bored wells and for the materials used in closed loop wells. This rulemaking increases safety at the well site.
  6. School-Based/Linked Health Centers (77 IAC 641)
    Adopted: July 28, 2022
    Adoption Published: 46 Ill. Reg. 14329; August 12, 2022
    This rulemaking adds age-appropriate social, emotional, and developmental screenings of school-aged children to the list of services that may be provided by school-based health centers.
  7. Ambulatory Surgical Treatment Center Licensing Requirements, 77 Ill. Adm. Code 205
    Adopted: July 28, 2022
    Adoption Published: 46 Ill. Reg. 14215; August 12, 2022
    This rulemaking includes statutory requirements pursuant to Public Act 102-0533 regarding the use of surgical smoke plume evacuation systems and Public Act 101-0116 regarding the enabling of closed captioning feature on televisions in public areas. In addition to the statutory requirements, this rulemaking also amends the Ambulatory Surgical Treatment Center Licensing Requirements to align with federal Centers for Medicare and Medicaid Services (CMS) regulations that reduce administrative burden and increase efficiency and transparency.
  8. 77-597 Nurse Education Scholarship Code
    Adopted: July 27, 2022
    Adoption Published: 46 Ill. Reg. 14298; August 12, 2022
    This rulemaking implements Public Acts 100-0183, 100-0513, and 100-0872, which amended the Nursing Education Scholarship Law. These amendments made changes to several definitions, clarified the distinction between pre-licensure and post-licensure nursing programs, and updated the State’s Nursing Workforce Center Advisory Board. Also, amendments are needed to revise the scholarship program’s rules since the Department can no longer pursue disciplinary action regarding an individual’s nursing license with the Illinois Department of Financial and Professional Regulation (IDFPR).
  9. AIDS Drug Assistance Program Code (77 IAC 692)
    Adopted: July 27, 2022
    Adoption Published: 46 Ill. Reg. 14338; August 12, 2022
    The purpose of this rulemaking is to update Appendix A with respect to the federal poverty level changing from the 2021 federal poverty level to the 2022 federal poverty level, as is required by the federal funder, the United States Health Resources and Services Administration.
  10. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
    Adopted: July 27, 2022
    Adoption Published: 46 Ill. Reg. 14237; August 12, 2022
    These proposed amendments implement Section 3-318 of the Nursing Home Care Act (the Act) into Part 300, bring Section 300.286 into conformity with the Act, and add a new Section (300.697) requiring facilities to comply with provisions in the Act pertaining to electronic monitoring, and with the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Further, this rulemaking adds a new Section, 300.3340, that implements P.A. 102-0640, which requires facilities to adopt and implement written policies that provide for the availability of assistive and supportive technology and devices to facility residents to facilitate communication with family, friends, and clergy. This new Section also allows facilities to apply for competitive civil monetary penalty fund grants other available federal and State funds.
  11. Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
    Adopted: July 27, 2022
    Adoption Published: 46 Ill. Reg. 14268; August 12, 2022
    This rulemaking adds a new Section, 330.4340, that implements P.A. 102-0640, which requires facilities to adopt and implement written policies that provide for the availability of assistive and supportive technology and devices to facility residents to facilitate communication with family, friends, and clergy. This rulemaking also allows facilities to apply for competitive civil monetary penalty fund grants other available federal and State funds.
  12. Illinois Veterans’ Homes Code (77 IAC 340)
    Adopted: July 27, 2022
    Adoption Published: 46 Ill. Reg. 14285; August 12, 2022
    This rulemaking adds a new Section, 340.1491, that implements P.A. 102-0640, which requires facilities to adopt and implement written policies that provide for the availability of assistive and supportive technology and devices to facility residents to facilitate communication with family, friends, and clergy. This rulemaking also allows facilities to apply for competitive civil monetary penalty fund grants other available federal and State funds.

Rules on First Notice (Comments are accepted in the manner and place set out in the published Notice, commencing on the first day the Notice is published in the Illinois Register through 45 days from the date of publication)

  1. Newborn and Infant Screening and Treatment Code (77 Ill. Adm. Code 661)
    This proposed Part is a companion to a proposed repeal of Part 661. Because significant portions of Part 661 need to be updated the Department is proposing to repeal the old Part 661 and adopt a new Part 661. In these rulemakings, the Department is reorganizing Part 661 to add Subparts to give clarity to the Part, and add provisions related to the Early Hearing Detection and Intervention program in order to bring newborn screening services under one Part rather than several.
    Publication: 46 Ill Reg. TBD; September TBD, 2022
    First Notice Expires: End of day on TBD
  2. Assisted Living and Shared Housing Establishment Code (77 Ill. Adm. Code 295)
    This rulemaking updates current incorporated and referenced materials and provides cleanup regarding laws, administrative rules, and other citations.
    Publication: 46 Ill Reg. 14406; August 19, 2022
    First Notice Expires: End of day on Monday, October 3, 2022
  3. Recreational Area Code (77 Ill. Adm. Code 800)
    The purpose of this rulemaking is to update the incorporated references and do general cleanup of a code that has not been updated since 1990.
    Publication: 46 Ill Reg. 14415; August 19, 2022
    First Notice Expires: End of day on Monday, October 3, 2022
  4. Youth Camp Code (77 Ill. Adm. Code 810)
    The purpose of this rulemaking is to update the incorporated references and to provide general cleanup of outdated language.
    Publication: 46 Ill Reg. 14438; August 19, 2022
    First Notice Expires: End of day on Monday, October 3, 2022
  5. Manufactured Home Installation Code (77 Ill. Adm. Code 870)
    The rulemaking includes but is not limited to providing cleanup, updating incorporated reference information, and updating continuing education related requirements.
    Publication: 46 Ill Reg. 14463; August 19, 2022
    First Notice Expires: End of day on Monday, October 3, 2022
  6. Modular Dwellings and Mobile Structures Code (77 Ill. Adm. Code 880)
    This amendment proposes general cleanup and updates to the Incorporated and Referenced Materials Section of the Modular Dwellings and Mobile Structures Code.
    Publication: 46 Ill Reg. 14473; August 19, 2022
    First Notice Expires: Monday, October 3, 2022
  7. Compassionate Use of Medical Cannabis Pilot Program (77 Ill. Adm. Code 946)
    This rulemaking will set out online application payment and remove the requirement for a medical cannabis patient to select a single dispensary.
    Publication: 46 Ill Reg. 14483; August 19, 2022
    First Notice Expires: End of day on Monday, October 3, 2022
  8. Control of Sexually Transmissible Infections Code (77 Ill. Adm. Code 693)
    This rulemaking addresses the addition of trichomoniasis bacteria (Trichomonas vaginalis) to existing language on expedited partner therapy (EPT). EPT allows a health care professional who makes a clinical diagnosis of trichomoniasis to prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the infected person's sexual partner or partners for the treatment of the sexually transmitted infections (STI) without physical examination of the partner or partners, if in the judgment of the health care professional the partner is unlikely or unable to present for comprehensive healthcare, including evaluation, testing, and treatment for STIs. The rulemaking also updates outdated nomenclature for “early latent syphilis” to be “early non-primary non-secondary” or “NPNS”. Finally, the rulemaking also adds pregnancy status to be reported in electronic laboratory reporting (ELR) if that information is available.
    Publication: 46 Ill Reg. 11680; July 15, 2022
    First Notice Expires: End of day on Monday, August 29, 2022
  9. 77-500 Vital Records
    The rulemaking adds and clarifies the definitions, clarifies who may access vital records, adds new language regarding fee waivers for certified copies of birth records, and add new language regarding fees for the provision of vital records. The proposed rulemaking also adds language requiring coroners and medical examiners to report overdose deaths to the Department of Public Health, and when possible, to report the cause of the overdose, and requires those completing the medical certification of the death record to report the presence of antibiotic-resistant bacteria.
    Publication: 46 Ill Reg. 11400; July 8, 2022
    First Notice Expires: End of day on Monday, August 22, 2022
  10. 77-515: Emergency Medical Services, Trauma Center, Comprehensive Stroke Center, Primary Stroke Center and Acute Stroke Ready Hospital Code
    The amendments will allow the Department to closely monitor bypass and EMS staff can be immediately notified of hospital bypass requests and status. The need for such became evident during the COVID-19 pandemic. The amendments will assure that patients who are critical are transported to the closest hospital and that multiple hospitals in a geographic location do not go on bypass simultaneously. Some amendments are critical given the EMS personnel shortage. Furthermore, the amendments are critical in order to allow EMS providers to purchase new ambulances in accordance with national standards.
    Some amendments to Sections were agreed upon with the Illinois Ambulance Association and/or private ambulance providers, as well as resulting from legislative changes. These amendments were submitted on February 8, 2022 to the Trauma Advisory Council members and to the Emergency Medical Services (EMS) Advisory Council members.
    Publication: 46 Ill Reg. 8984; June 3, 2022
    First Notice Expires: End of day on Monday, July 18, 2022

Rules Filed for Second Notice Review by JCAR

  1. Skilled Nursing and Intermediate Care Facilities Code (77 IAC 300)
    This rulemaking amends the Skilled Nursing and Intermediate Care Facilities Code to address monthly census reporting of Medicaid-eligible residents in these facilities and the provision of educational materials and information to residents admitted to facilities pursuant to the Colbert Consent Decree and Implementation Plan.
    This rulemaking also corrects changes to the definitions for "existing facility" and "new facility" in Section 300.330 (Definitions) that were adopted August 27, 2021, at 45 Ill. Reg. 11096, which changed the cut-off date for existing and new facilities from March 1, 1980, to January 1, 2022. This proposed amendment restores the original March 1, 1980, cut-off date.
    Publication: 46 Ill Reg. 9478; June 10, 2022
    JCAR Meeting/Objection: Tuesday, September 13, 2022
  2. 77-380: Specialized Mental Health Rehabilitation Facilities Code
    This rulemaking amends the Specialized Mental Health Rehabilitation Facilities Code to address monthly census reporting of Medicaid-eligible residents in these facilities and the provision of educational materials and information to residents admitted to facilities pursuant to the Williams Consent Decree and Implementation Plan.
    Publication: 46 Ill Reg. 9520; June 10, 2022
    JCAR Meeting/Objection: Tuesday, September 13, 2022
  3. Birth Center Demonstration Program Code (77 Ill. Adm. Code 265)
    This rulemaking implements Public Act 102-0665 regarding policies and education related to severe maternal hypertension, obstetric hemorrhage, and other causes of maternal mortality and Public Act 101-0116 regarding the enabling of the closed captioning feature on televisions in public areas.
    Publication: 46 Ill Reg. 11279; July 1, 2022
    JCAR Meeting: Tuesday, October 18, 2022
  4. Hospital Licensing Requirements (77 Ill. Adm. Code 250)
    This amendment addresses the need for requirements regarding reinstatement of hospital operations after suspension of operations due to outstanding violations or termination by Medicare. Currently, the Hospital Licensing Requirements do not address procedures for a hospital to reinstate operations after a suspension of operations. The amendment includes requirements for hospitals to reinstate operations and outlines Department procedures in the process of approving such reinstatement.
    Publication: 46 Ill Reg. 11279; July 1, 2022
    JCAR Meeting: Tuesday, October 18, 2022
  5. Certification and Operation of Environmental Laboratories (77 Ill. Adm. Code 465)
    To establish compliance with 40 CFR Parts 141 and 142, National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule as published in the Federal Register, Vol. 78, No. 30, February 13, 2013 by updating reference 40 CFR 141, 142, National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule (Including E. coli), April 15, 2013); updating referenced versions of Standard Methods for the Examination of Water and Wastewater eliminating the 20th edition and adding the 21st 22nd, 23rd and online editions; repealing Appendix A – Colisure is referenced in added versions of Standard Methods; replacing Tecta method with Tecta 2.0 method; Eliminating Chromocult and Clark’s Presence/Absence methods; updating 465.360 to contain all methods referenced to federal or state rule; updating 465.400 to include requirements for dataloggers and autoclave options for outside service calibrations; adding requirements for Certification Program Manager; updating requirements for newer equipment that can be used in the laboratory; remove references to outdated technology and equipment; adding pH ranges for all media used in the certification process; and updating incorporated reference information.
    Publication: 46 Ill Reg. 12419; July 22, 2022
    JCAR Meeting: Tuesday, October 18, 2022

Resources

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