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Proposed Rules

Adopted Rulemakings

1. Sexual Assault Survivors Emergency Treatment Code (77 Ill. Adm. Code 545)
Adopted: March 28, 2023
Publication: 47 Ill Reg. TBA; April TBA, 2023
This rulemaking implemented provisions pertaining to federally qualified health centers in Public Act 102-1097.

2. Youth Camp Code (77 Ill. Adm. Code 810)
Adopted: March 21, 2023
Publication: 47 Ill Reg. TBA; April TBA, 2023
The purpose of this rulemaking was to update the incorporated references and to provide general cleanup of outdated language.

3. Manufactured Home Installation Code (77 Ill. Adm. Code 870)
Adopted: March 21, 2023
Publication: 47 Ill Reg. TBA; April TBA, 2023
The rulemaking included but was not limited to providing cleanup, updating incorporated reference information, and updating continuing education related requirements.

4. Modular Dwellings and Mobile Structures Code (77 Ill. Adm. Code 880)
Adopted: March 21, 2023
Publication: 47 Ill Reg. TBA; April TBA, 2023
This amendment provided general cleanup and updates to the Incorporated and Referenced Materials Section of the Modular Dwellings and Mobile Structures Code.

5. Recreational Area Code (77 Ill. Adm. Code 800)
Adopted: March 17, 2023
Publication: 47 Ill Reg. 4326; March 31, 2023
The purpose of this rulemaking was to update the incorporated references and do general cleanup of a code that has not been updated since 1990.

6. Health Care Data Collection and Submission Code (77 Ill. Adm. Code 1010)
Adopted: March 10, 2023
Publication: 47 Ill Reg. 4017; March 24, 2023
The rulemaking included requirements for syndromic surveillance reporting from healthcare facilities and provided details regarding the syndromic surveillance authority that are set out in the Communicable Disease Code. The rulemaking also added definitions for syndromic surveillance terminology, data elements and timeliness of submissions, technical connections, methods for testing and validation, and data use and dissemination by the Department.

7. Illinois CLEAR-Win Program Code (77 Ill. Adm. Code 843)
Adopted: March 2, 2023
Publication: 47 Ill Reg. 3825; March 17, 2023
The rulemaking for this new Part will implement Public Act 100-0461, which amended the Comprehensive Lead Education, Reduction and Window Replacement (CLEAR-Win) Program Act. The rulemaking includes definitions and regulations governing the implementation of the CLEAR-Win Program Act. The rulemaking also includes responsibilities of fund recipients, authorized work, standards for mitigation and abatement of lead hazards, program requirements, and validation.

8-9. Newborn and Infant Screening and Treatment Code (77 Ill. Adm. Code 661)
Adopted: March 2, 2023
Publication: 47 Ill Reg. 3774 (Repealer) and 3776 (Proposed); March 17, 2023
The repealer and adopted Part are companion rulemakings for Part 661. Because significant portions of Part 661 needed to be updated, the Department repealed the old Part 661 and adopted a new Part 661. In these rulemakings, the Department reorganized Part 661 to add Subparts to give clarity to the Part, and added provisions related to the Early Hearing Detection and Intervention program in order to bring newborn screening services under one Part.

10. Compassionate Use of Medical Cannabis Pilot Program (77 Ill. Adm. Code 946)
Adopted: March 10, 2023
Publication: 47 Ill Reg. 4008; March 24, 2023
This rulemaking sets out online application payment and removed the requirement for a medical cannabis patient to select a single dispensary.

11. Home Health, Home Services, and Home Nursing Agency Code (77 Ill. Adm. Code 245)
Adopted: March 2, 2023
Publication: 47 Ill Reg. 3765; March 17, 2023
This rulemaking clarified requirements related to the training provisions in Section 245.71(g) of the Home Health, Home Services, and Home Nursing Agency Code (the Code) that were amended at 46 Ill. Reg. 10410, effective May 31, 2022. These amendments clarified the training requirements to allow for the required training to be provided by or developed by someone qualified (e.g., licensed or certified) in their respective field, rather than necessarily by someone employed by a home health or home services agency.

12. Visa Waiver Program for International Medical Graduates (77 Ill. Adm. Code 591)
Adopted: February 21, 2023
Publication: 47 Ill Reg. 3093; March 3, 2023
The application cycle for the J-1 Visa Waiver Program is during October of each year. Physicians who apply in October, whose applications are deemed complete, and who receive waiver recommendations from the Department will begin working at their respective medical facilities in July of the following year. The rulemaking was needed for the annual application cycle, as well as assisting and monitoring waiver recipients. Public Act 102-0488 amended the Department of Public Health Powers and Duties Law [20 ILCS 2310] and provided that the Department ensure that a medical examiner’s office be considered to be a medical facility in connection with the J-1 Visa Waiver Program. The rulemaking allows the Department to assist with addressing the shortage of forensic pathologists to alleviate the backlog of inquests and autopsies at Illinois medical examiners’ offices with the expansion of the waivers to include forensic pathologists. The rulemaking was also provided clarification for all applicants and employers regarding the application cycle, waiver process, and the Department’s implementation of the program. Additionally, the rulemaking contains cleanup and updates to the language in this Part.

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. Freestanding Emergency Center Code (77 Ill. Adm. Code 518)
    Subsection 518.2010(i)(5) of 77 Ill. Adm. Code 518, which limits the operation of fluoroscopes to credentialed physicians, conflicts with language in subsection 360.50(n) of 32 Ill. Adm. Code 360, which permits the operation of fluoroscopes by an accredited medical radiographer, an accredited radiation therapist, or an accredited radiologist assistant under certain conditions. This rulemaking aligns 77 Ill. Adm. Code 518 with 32 Ill. Adm. Code 360 and makes needed updates to Sections 518.1000 and 518.1050.
    Publication: 47 Ill Reg. TBA; April TBA, 2023
  2. Intermediate Care for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 350)
    This rulemaking amends Section 350.340 (Incorporated and Referenced Materials) to correct outdated references and citations.
    First Notice Expires: End of day on Monday, May 8, 2023
    Publication: 47 Ill Reg. 3959; March 24, 2023
  3. Medically Complex for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 390)
    This rulemaking amends Section 390.340 (Incorporated and Referenced Materials) to correct outdated references and citations.
    Publication: 47 Ill Reg. 3981; March 24, 2023
  4. Birth Center Licensing Code (77 Ill. Adm. Code 264)
    These proposed rules were drafted to implement Public Act 102-0518, which created the Birth Center Licensing Act [210 ILCS 170]. The proposed rules incorporate requirements currently in place under the existing Birth Center Demonstration Program Code, with necessary adjustments to reflect statutory requirements under the new Act and Public Act 102-0964, which added licensed certified professional midwife to the list of statutorily defined terms. Per the Birth Center Licensing Act, all birth centers in existence as of August 20, 2021 (the effective date of the new Act) shall obtain a valid license to operate within two years after the adoption of this Part.
    Publication: 47 Ill Reg. 1846; February 10, 2023
  5. Assisted Living and Shared Housing Establishment Code (77 Ill. Adm. Code 295)
    This rulemaking proposes an increase in the license fee and fines for assisted living and shared housing establishments to meet current program demands and to address an increase in complaint investigations. This rulemaking also updates provisions related to the Department's complaint investigation procedures to clarify timeframes within which complaints will be investigated and makes other changes necessary to reflect current Department procedures. Additionally, the rulemaking updates provisions related to the physical environment to reflect updated life safety requirements and makes related updates to definitions. Finally, the rulemaking implements Public Act 102-1007 to include statutory requirements regarding employee assistance programs.
    Publication: 47 Ill Reg. 356; January 13, 2023
  6. AIDS Drug Assistance Program Code (77 IAC 692)
    The purpose of this rulemaking is to update Appendix A with respect to the federal poverty level changing from the 2022 federal poverty level to the 2023 federal poverty level, as is required by the federal funder, the United States Health Resources and Services Administration.
    First Notice Publication: 47 Ill Reg. 4003; March 24, 2023

Rules Filed for Second Notice Review by JCAR

  1. Hospital Licensing Requirements (77 Ill. Adm. Code 250)
    This rulemaking implements Public Act 102-0155, which requires hospitals to offer facility-provided medications to patients upon discharge, when the medication is required for continuous treatment. The rulemaking also implements Public Act 102-0989 regarding patient visitation rights, policies, and procedures. Additionally, the rulemaking implements Public Act 102-1007, which requires hospitals to ensure its employees are made aware of employee assistance programs or other like programs available for the physical and mental well-being of the employees. In addition to the statutory requirements, the rulemaking includes several industry-requested changes including clarification of requirements related to licensure categories of service and notification of closure, requirements for reinstatement of hospital operations due to natural or human-made disaster, a new requirement for notification of local law enforcement agencies related to unusual incidents, and updated requirements related to policies and procedures regarding the care and treatment of psychiatric patients. The rulemaking also makes technical updates.
    Publication: 46 Ill Reg. 19403; December 9, 2022
  2. Hospital Licensing Requirements (77 Ill. Adm. Code 250)
    Subsection 250.630(e) of 77 Ill. Adm. Code 250, which limits the operation of fluoroscopes to credentialed physicians, conflicts with language in subsection 360.50(n) of 32 Ill. Adm. Code 360, which permits the operation of fluoroscopes by an accredited medical radiographer, an accredited radiation therapist, or an accredited radiologist assistant under certain conditions. This rulemaking aligns 77 Ill. Adm. 250 Code with 32 Ill. Adm. Code 360 and makes needed updates to the other two Sections in Subpart F and to Section 250.105.
    Publication: 46 Ill Reg. 19115; December 2, 2022
  3. Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
    This rulemaking amends Section 300.340 (Incorporated and Referenced Materials) to correct outdated references and citations.
    Publication: 46 Ill Reg. 20656; December 30, 2022
  4. Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
    This rulemaking amends Section 330.340 (Incorporated and Referenced Materials) to correct outdated references and citations.
    Publication: 46 Ill Reg. 20681; December 30, 2022
    Program contact: Sean Dailey, Sara Ettinger
  5. Illinois Veterans' Homes Code (77 Ill. Adm. Code 340)
    This rulemaking amends Section 340.1010 (Incorporated and Referenced Materials) to correct outdated references and citations.
    Publication: 46 Ill Reg. 20701; December 30, 2022
  6. Specialized Mental Health Rehabilitation Facilities Code (77 Ill. Adm. Code 380)
    This rulemaking amends Section 380.110 (Incorporated and Referenced Materials) to correct outdated references and citations.
    Publication: 46 Ill Reg. 20716; December 30, 2022
  7. Health Care Worker Background Check Code (77 Ill. Adm. Code 955)
    This rulemaking implements Public Act 102-1063, which allows for an individual’s federal taxpayer identification number to be included as an alternative to their Social Security number on the Department’s Health Care Worker Registry.
    Publication: 46 Ill Reg. 20767; December 30, 2022
  8. UNDERSERVED HEALTH CARE PROVIDERS WORKFORCE CODE (77 Ill. Adm. Code 590)
    This rulemaking implements Public Act 102-0888, which amended the Underserved Health Care Provider Act, formerly known as the Underserved Physician Workforce Act. Public Act 102-0888 made changes to the statute’s definition of "Designated Shortage Area" and "Eligible Health Care Provider". Through these definition changes, advanced practice registered nurses and physician assistants qualify to participate in educational loan repayment offered through the statute. In addition, hospitals and rural health clinics now qualify as medical facilities where eligible health care providers can provide service.
    Publication: 46 Ill Reg. 20730; December 30, 2022

Rules Transferred to Another Agency

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.

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