Proposed Rules

1. Essential Support Person Code (77 Ill. Adm. Code 50)
   Adopted: August 1, 2024
   Publication: 48 Ill Reg. 12360; August 16, 2024
   The purpose of this rulemaking is to implement Public Act 103-0261, the Essential Support Person Act, which establishes requirements regarding visitation in various facilities during a public health emergency.
2. Home Health, Home Services, and Home Nursing Agency Code (77 Ill. Adm. Code 245
   Adopted: August 5, 2024
   Publication: 48 Ill Reg. 12368; August 16, 2024
   This rulemaking implements Public Act 103-0257, which amends the Home Health, Home Services, and Home Nursing Agency Licensing Act (the Act) to increase the provisional licensure period in the Home Health, Home Services, and Home Nursing Agency Code (the Code) from 120 days to 240 days and the provisional license renewal period from 120 days to 90 days. Also amends the type of license and fee for home health agencies from an annual license with a $25 annual fee to a two-year license with a $1,500 fee. Allows for multiple licenses with applicable license fees to be paid for each license. Makes other changes to align the Code with the Act.
   
3. Assisted Living and Shared Housing Establishment Code (77 Ill. Adm. Code 295)
   Adopted: July 29, 2024
   Publication: 48 Ill Reg. 12026; August 9, 2024
   This rulemaking implements Public Act 103-0261, which creates the Essential Support Person Act and Public Act 103-0444, which removes the residency prohibition for individuals who require sliding scale insulin administration. The rulemaking also implements Public Act 102-1037, creating the Certified Nursing Assistant Intern Program and makes additional technical changes to align the Assisted Living and Shared Housing Establishment Code with the statute.
   
4. Lead Poisoning Prevention Code (77 Ill. Adm. Code 845)
   Adopted: August 5, 2024
   Publication: 48 Ill Reg. 12384; August 16, 2024
   Changes to these rules align the Department with the CDC recommendation for public health intervention when a child is diagnosed with a blood lead level of 3.5 micrograms per deciliter of blood or higher.
   
5. Health Care Professional Credentials Data Collection Code (77 Ill. Adm. Code 965)
   Adopted: August 1, 2024
   Publication: 48 Ill Reg. 12398; August 16, 2024
   This rulemaking implements Public Acts 103-0096 and 103-0436, which amends the Health Care Professionals Data Collection Act to make technical changes and allows for credentials forms to be prescribed in print or electronic formats. The rulemaking makes additional changes to align with current industry standards and to ensure the Code aligns with the statute in addition to numerous technical cleanup changes.
   

1. Home Health, Home Services, and Home Nursing Agency Code (77 Ill. Adm. Code 245)
   This rulemaking implements Public Act 103-0257, which amends the Home Health, Home Services, and Home Nursing Agency Licensing Act (the Act) to increase the provisional licensure period in the Home Health, Home Services, and Home Nursing Agency Code (the Code) from 120 days to 240 days and the provisional license renewal period from 120 days to 90 days. Also amends the type of license and fee for home health agencies from an annual license with a $25 annual fee to a two-year licenses with a $1,500 fee. Allows for multiple licenses with applicable license fees to be paid for each license. Makes other changes to align the Code with the Act.
   First Notice Published: 48 Ill. Reg. 3397; March 8, 2024
2. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
   This rulemaking amends Section 300.3300 (Transfer or Discharge) to implement Public Act 103-0320, which provides that the State Long Term Care Ombudsman shall be notified when a resident is involuntarily transferred or discharged from a facility. Section 300.340 (Incorporated and Referenced Materials) is being amended to add 89 Ill. Adm. Code 240 to the list of referenced administrative rules.
   First Notice Published: 48 Ill. Reg. 3008; March 1, 2024
3. Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
   This rulemaking amends Section 330.4300 (Transfer or Discharge) to implement Public Act 103-0320, which provides that the State Long Term Care Ombudsman shall be notified when a resident is involuntarily transferred or discharged from a facility. Section 330.340 (Incorporated and Referenced Materials) is being amended to add 89 Ill. Adm. Code 240 to the list of referenced administrative rules.
   First Notice Published: 48 Ill. Reg. 3042; March 1, 2024
4. Lead Poisoning Prevention Code (77 Ill. Adm. Code 845)
   Changes to these rules align the Department with the CDC recommendation for public health intervention when a child is diagnosed with a blood lead level of 3.5 micrograms per deciliter of blood or higher.
   First Notice Published: 48 Ill. Reg. 3071; March 1, 2024
5. Hospital Licensing Requirements (77 Ill. Adm. Code 250)
   This rulemaking seeks to implement requirements of several Public Acts that amend the Hospital Licensing Act (the Act). Public Act 102-1095 created the Latex Glove Ban Act and prohibits the use of latex gloves by health care facility personnel if the patient upon whom the latex gloves are to be used is unconscious or otherwise physically unable to communicate and whose medical history lacks sufficient information to indicate whether the patient has a latex allergy. Public Act 103-0057 makes changes to the requirements for a hospital's influenza and pneumococcal immunization policy regarding the ages for identifying patients of immunization, lowering the requirement for influenza immunization from age 65 to age 50 and adding age 65 for pneumococcal immunization. Public Act 103-0160 requires hospitals to provide information and instructional materials to parents of newborns, upon discharge from the hospital, regarding the option to voluntarily donate milk to non-profit milk banks. Public Act 103-0169 requires hospitals to have written policies and continuing education that addresses airway emergencies experienced during childbirth. Public Act 103-0211 adds a requirement that hospital nursing care committees must annually notify the hospital nursing staff of the staff's rights under Section 10.10 of the Act; Finally, Public Act 103-0213 amends the Act to include a new provision prohibiting the delay of treatment in an emergency room to inquire about the individual's method of payment of insurance status.
   First Notice Published: 48 Ill. Reg. 1787; February 2, 2024
6. Emergency Medical Services, Trauma Center, Comprehensive Stroke Center, Primary Stroke Center and Acute Stroke Ready Hospital Code (77 Ill. Adm. Code 515)
   Although there have been revisions to individual sections of the EMS rules and regulations over the years, a comprehensive review and revision has not been conducted since 2000. These amendments reflect current national and state standards as well as new state laws that have been enacted. In addition, these revisions will assure consistency with current EMS System and EMS provider practices at the local level. Some amendments to Sections were recommended by the EMS System Medical Directors and EMS stakeholders.
   Publication: 48 Ill Reg. 95; January 5, 2024
7. Control of Tuberculosis Code (77 Ill. Adm. Code 696)
   The rulemaking will provide federal Center for Disease Control (CDC) recommendations. The rulemaking will also provide cleanup.
   Publication: 48 Ill Reg. 437; January 5, 2024
8. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545), Filed with SOS Index on March 6, 2024
   These amendments to Section 545.65 in the Sexual Assault Survivors Treatment Code update existing requirements for transfer hospitals and add five new subsections that provide for treatment requirements for sexual assault survivors who opt not to be transferred to a treatment hospital for medical forensic services. The amendments were requested by the Sexual Assault Medical Forensic Services Implementation Task Force because of the increase in the number of hospitals applying for approval as transfer hospitals for sexual assault survivors. For survivors who do not want to be transferred for medical forensic evidence collection, the transfer hospital must still provide medical emergency care for treatment of possible sexual transmitted infections, pregnancy prevention, and medical follow up. This will ensure the transfer hospital meets the medical needs of sexual assault survivors outside of the collection of medical forensic evidence.
   First Notice Published: 48 Ill. Reg. TBD; March TBD, 2024
9. Assisted Living and Shared Housing Establishment Code (77 Ill. Adm. Code 295), Filed with SOS Index on March 6, 2024
   This rulemaking seeks to implement Public Act 103-0261, which creates the Essential Support Person Act and Public Act 103-0444, which removes the residency prohibition for individuals who require sliding scale insulin administration. The rulemaking also implements Public Act 102-1037, creating the Certified Nursing Assistant Intern Program and makes additional technical changes to align the Assisted Living and Shared Housing Establishment Code with the statute.
   First Notice Published: 48 Ill. Reg. TBD; March TBD, 2024

1. Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
   This rulemaking implements Public Acts 99-0376, 100-0099, 100-0293, and 100-0432, 101-0116, 102-1007, 102-1080, 102-0646 and 103-0489. The rulemaking updates statutory language regarding medical foster homes pursuant to P.A. 99-0376, adds language regarding requirements for patient referrals pursuant to Public Act 100-0099, adds language regarding the use of identification wristlets for residents of an Alzheimer’s disease unit pursuant to P.A. 100-0293, adds requirements related to the use of closed captioning feature on televisions in common areas pursuant to P.A. 101-0116, and makes necessary updates to align the rule with revisions to statutory language regarding the Health Care Worker Registry pursuant to P.A. 100-0432. The rulemaking also adds requirements related to employee assistance programs and resident rights pursuant to P.A. 102-1007 and 102-1080, respectively. In addition to the statutorily required updates, this rulemaking incorporates federal requirements regarding antibiotic stewardship programs and brings language into alignment with current National Fire Protection Association standards. This rulemaking will bring the Sheltered Care Facilities Code into compliance with the Nursing Home Care Act.
   Publication: 47 Ill Reg. 15139; October 27, 2023
2. Food Code (77 Ill. Adm. Code 750)
   The proposed rulemaking seeks to adopt the latest version of the FDA Food Code, update definitions, and update provisions for inspection to reflect recent legislation including allergen notices, default beverages for children’s meals, and the latex glove ban for food handling and preparation.
   Publication: 47 Ill Reg. 17932; December 8, 2023
3. Illinois Modular Dwellings and Mobile Structures Code (77 Ill. Adm. Code 880)
   This amendment provides updated contact information for a referenced organization.
   Publication: 47 Ill Reg. 18891; December 26, 2023

Nurse Education Scholarship Code (77 Ill. Adm. Code 597)
Pursuant to Public Act 102-0699, "Nursing Education Scholarships", the rules transferred from the authority of the Department of Public Health to the authority of the Illinois Student Assistance Commission, at 23 Ill. Adm. Code 2749.