ILLINOIS...January 22, 2021 Volume 45, Issue 4 PROPOSED RULES FINANCIAL AND PROFESSIONAL REGULATION,...

ILLINOIS REGISTER RULES

OF GOVERNMENTAL AGENCIES

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE

Index DepartmentAdministrative Code Division111 E. Monroe St.Springfield, IL 62756217-782-7017www.cyberdriveillinois.com

Printed on recycled paper

i

TABLE OF CONTENTS

January 22, 2021 Volume 45, Issue 4

PROPOSED RULES FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF

Illinois Credit Union Act

38 Ill. Adm. Code 190...........................................................................1093

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Specialized Healthcare Delivery Systems

89 Ill. Adm. Code 146...........................................................................1096

Reimbursement for Nursing Costs for Geriatric Facilities

89 Ill. Adm. Code 147...........................................................................1103

Long Term Care Reimbursement Changes

89 Ill. Adm. Code 153...........................................................................1112

SECRETARY OF STATE, OFFICE OF THE

Business Corporation Act

14 Ill. Adm. Code 150...........................................................................1114

Issuance of Licenses

92 Ill. Adm. Code 1030.........................................................................1117

School Bus Driver Permit

92 Ill. Adm. Code 1035.........................................................................1132

ADOPTED RULES PUBLIC HEALTH, DEPARTMENT OF

Skilled Nursing and Intermediate Care Facilities Code

77 Ill. Adm. Code 300...........................................................................1134

EMERGENCY RULES FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF

Illinois Credit Union Act

38 Ill. Adm. Code 190...........................................................................1186

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Long Term Care Reimbursement Changes

89 Ill. Adm. Code 153...........................................................................1191

PUBLIC HEALTH, DEPARTMENT OF

Hospital Licensing Requirements

77 Ill. Adm. Code 250...........................................................................1202

SECRETARY OF STATE, OFFICE OF THE

Business Corporation Act

14 Ill. Adm. Code 150...........................................................................1215

School Bus Driver Permit

92 Ill. Adm. Code 1035.........................................................................1222

SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES

Second Notices Received..............................................................................1226

ii

OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE

ILLINOIS REGISTER EDUCATIONAL LABOR RELATIONS BOARD, ILLINOIS

General Procedures (Agency Response to JCAR Objection)

80 Ill. Adm. Code 1100.........................................................................1228

EXECUTIVE ORDERS AND PROCLAMATIONS EXECUTIVE ORDERS

Executive Order 2021-1 (COVID-19 Executive Order No. 71)

2021-1....................................................................................................1232

PROCLAMATIONS

National Problem Gambling Awareness Month

2020-76..................................................................................................1241

Gerald M. Brookhart Arts in Education Spring Celebration Months

2020-77..................................................................................................1241

Prevent Child Abuse Illinois Day

2020-78..................................................................................................1242

AmeriCorps Week

2020-79..................................................................................................1243

Peripartum Cardiomyopathy Awareness Week

2020-80..................................................................................................1244

Vive tu Vida! Get Up! Get Moving! Wellness Day

2020-81..................................................................................................1245

Apraxia Awareness Day

2020-82..................................................................................................1246

Blount's Disease Day

2020-83..................................................................................................1247

Fabry Disease Awareness Month

2020-84..................................................................................................1248

National School Breakfast Week

2020-85..................................................................................................1248

Public Health Week

2020-86..................................................................................................1249

Women Veterans Recognition Month

2020-87..................................................................................................1250

Day of Prayer

2020-88..................................................................................................1251

Foster Parent Appreciation Month

2020-89..................................................................................................1251

National Nurses Week and National Nurses Day

2020-90..................................................................................................1252

Peace Officers Memorial Day

2020-91..................................................................................................1253

Congenital Diaphragmatic Hernia Awareness Month

2020-92..................................................................................................1254

iii

Parkinson's Disease Awareness Month in Illinois

2020-93..................................................................................................1255

Illinois Community College Month

2020-94..................................................................................................1256

Illinois Pollinator Week

2020-95..................................................................................................1257

American Eagle Day

2020-96..................................................................................................1257

Pollution Control Board Day

2020-97..................................................................................................1258

Bob Molaro Day

2020-98..................................................................................................1259

Honorary Poet Laureate

2020-99..................................................................................................1261

Chronic Disease Awareness Day

2020-100................................................................................................1262

ISEPS 50 Years of Service Day

2020-101................................................................................................1263

Wind Week in Illinois

2020-102................................................................................................1263

Gastroparesis Awareness Month

2020-103................................................................................................1264

Immunization Awareness Week in Illinois

2020-104................................................................................................1265

IARF Membership Appreciation Week

2020-105................................................................................................1266

Illinois Rail Safety Week

2020-106................................................................................................1266

Chiropractic Health Care Month

2020-107................................................................................................1267

Direct Support Professionals Week

2020-108................................................................................................1268

Gold Star Mother's Day

2020-109................................................................................................1269

Principals Week and Principals Day

2020-110................................................................................................1270

Family Meals Month

2020-111................................................................................................1271

Manufacturing Month in Illinois

2020-112................................................................................................1271

Suicide Prevention Month

2020-113................................................................................................1272

Cybersecurity Awareness Month

2020-114................................................................................................1274

iv

Domestic Violence Awareness Month

2020-115................................................................................................1275

Fire Prevention Week

2020-116................................................................................................1275

Malnutrition Awareness Week

2020-117................................................................................................1277

Filipino American History Awareness Month

2020-118................................................................................................1278

St. Augustine College 40th Anniversary

2020-119................................................................................................1279

Infant Safe Sleep Awareness Month

2020-120................................................................................................1280

Adoption Awareness Month

2020-121................................................................................................1281

Breast Cancer Awareness Month and Mammography Day

2020-122................................................................................................1281

Women's Small Business Month in Illinois

2020-123................................................................................................1282

National Samosa Day

2020-124................................................................................................1283

TAR Syndrome Awareness Month

2020-125................................................................................................1284

Election Hero Day

2020-126................................................................................................1285

Disability Employment Awareness Month

2020-127................................................................................................1285

American Pharmacists Month

2020-128................................................................................................1286

Illinois Rural Health Day

2020-129................................................................................................1288

Congenital Heart Defect Awareness Week

2020-130................................................................................................1288

NET Cancer Awareness Day

2020-131................................................................................................1289

Volunteers of America Day

2020-132................................................................................................1290

Antibiotics Awareness Week

2020-133................................................................................................1291

Manuel Barbosa Conference Room

2020-134................................................................................................1291

National Apprenticeship Week

2020-135................................................................................................1292

First Generation Students' Day

2020-136................................................................................................1293

v

National Adoption Day

2020-137................................................................................................1294

Wilton D. Gregory Day

2020-138................................................................................................1295

Pearl Harbor Remembrance Day

2020-139................................................................................................1296

National Native American Heritage Month

2020-140................................................................................................1297

Lois M. Moorman Day

2020-141................................................................................................1298

Move Over Day

2020-142................................................................................................1300

Flag Lowering - CPD Titus Theopsy Moore

2020-143................................................................................................1300

Gubernatorial Disaster Proclamation

2021-1....................................................................................................1301

vi

INTRODUCTION

The Illinois Register is the official state document for publishing public notice of rulemaking

activity initiated by State governmental agencies. The table of contents is arranged categorically

by rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of

existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and

Proclamations issued by the Governor; notices of public information required by State Statute;

and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint

Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors

the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules

adopted by State agencies). The most recent edition of the Code, along with the Register,

comprise the most current accounting of State agencies’ rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois

Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2021

Issue# Rules Due Date Date of Issue

1 December 21, 2020 January 4, 2021

2 December 28, 2020 January 8, 2021

3 January 4, 2021 January 15, 2021



6 January 25, 2021 February 5, 2021

7 February 1, 2021 February 16, 2021



10 February 22, 2021 March 5, 2021

11 March 1, 2021 March 12, 2021

12 March 8, 2021 March 19, 2021

13 March 15, 2021 March 26, 2021

14 March 22, 2021 April 2, 2021

15 March 29, 2021 April 9, 2021

16 April 5, 2021 April 16, 2021

17 April 12, 2021 April 23, 2021

18 April 19, 2021 April 30, 2021

19 April 26, 2021 May 7, 2021

20 May 3, 2021 May 14, 2021

21 May 10, 2021 May 21, 2021

vii

22 May 17, 2021 May 28, 2021

23 May 24, 2021 June 4, 2021

24 June 1, 2021 June 11, 2021

25 June 7, 2021 June 18, 2021

26 June 14, 2021 June 25, 2021

27 June 21, 2021 July 2, 2021

28 June 28, 2021 July 9, 2021

29 July 6, 2021 July 16, 2021

30 July 12, 2021 July 23, 2021

31 July 19, 2021 July 30, 2021

32 July 26, 2021 August 6, 2021

33 August 2, 2021 August 13, 2021

34 August 9, 2021 August 20, 2021

35 August 16, 2021 August 27, 2021

36 August 23, 2021 September 3, 2021

37 August 30, 2021 September 10, 2021

38 September 7, 2021 September 17, 2021

39 September 13, 2021 September 24, 2021

40 September 20, 2021 October 1, 2021

41 September 27, 2021 October 8, 2021

42 October 4, 2021 October 15, 2021

43 October 12, 2021 October 22, 2021

44 October 18, 2021 October 29, 2021

45 October 25, 2021 November 5, 2021

46 November 1, 2021 November 12, 2021



49 November 22, 2021 December 3, 2021

50 November 29, 2021 December 10, 2021

51 December 6, 2021 December 17, 2021



ILLINOIS REGISTER 1093

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DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Illinois Credit Union Act

2) Code Citation: 38 Ill. Adm. Code 190

3) Section Number: Proposed Action:

190.230 New Section

4) Statutory Authority: Implementing and authorized by the Illinois Credit Union Act [205

ILCS 305].

5) A Complete Description of the Subjects and Issues Involved: The proposed amendment

permits the Board of Directors of Credit Unions to provide by resolution that all members

may attend, participate in, act, and vote at the annual meeting or special meeting of the

members through audio or video conference or other communication technology that

enables meeting participants to communicate with each other. The rule provides that

attendance through such means shall constitute in person attendance. Permitting remote

meeting eliminates unnecessary travel and will likely lead to greater member

participation. The Board of Directors is in the best position to determine whether remote

meetings are appropriate for a specific credit union. Remote meetings are commonly

permitted in other contexts (e.g. shareholder meetings) under Illinois law. This

amendment also modernizes the Act by removing ambiguity regarding the permissibility

of remote meetings.

The proposed language is materially consistent with language in many other Illinois laws

including the General Not For Profit Corporation Act of 1986 and the Business

Incorporation Act of 1983.

6) Any published studies or reports, along with the sources of underlying data, that were

used when comprising this rulemaking, in accordance with 1 Ill. Adm. Code 100.355:

None

7) Will this rulemaking replace any emergency rule currently in effect? Yes

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other rulemakings pending on this Part? No


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11) Statement of Statewide Policy Objective: This rulemaking will not require a local

government to establish, expand or modify its activities in such a way as to necessitate

additional expenditures from local revenues.

12) Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking: Persons who wish to comment on this proposed rulemaking may submit

written comments no later than 45 days after the publication of this Notice to:

Department of Financial and Professional Regulation

Attention: Craig Cellini

320 West Washington, 2nd Floor

Springfield IL 62786

217/785-0813

fax: 217/557-4451

All written comments received within 45 days after this issue of the Illinois Register will

be considered.

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations

affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis:

A) Types of businesses subject to the proposed rule:

54 professional, scientific and technical services

B) Categories that the Agency reasonably believes the rulemaking will impact,

including:

ii regulatory requirements


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15) Regulatory Agenda on which this rulemaking was summarized: This rule was not

included on either of the 2 most recent agendas because the need for it was unanticipated.

The full text of the Proposed Amendment is identical to that of the Emergency Amendment for

this Part, and begins in this issue of the Illinois Register on page 1186.


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DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES


1) Heading of the Part: Specialized Health Care Delivery Systems



146.910 Amendment

4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]

5) Complete Description of the Subjects and Issues Involved: This proposed amendment

implements a change made to 210 ILCS 49/5-106 by PA 101-636 (the FY2021 Budget

Implementation Act), by clarifying the therapeutic visit reimbursement rate for facilities

licensed or provisionally licensed by June 1, 2018 under the Specialized Mental Health

Rehabilitation Act of 2013 is 75% of the facility's current paid rate instead of 75% of the

rate in effect on July 27, 2018.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None




10) Are there any other rulemakings pending on this Part? Yes

Section Number: Proposed Action: Illinois Register Citation:

146.550 Amendment 44 Ill. Reg. 13629; August 21, 2020

11) Statement of Statewide Policy Objective: This rulemaking does not affect units of local

government.

12) Time, Place, and Manner in which interested persons may comment on this rulemaking:

Any interested parties may submit comments, data, views, or arguments concerning this

proposed rulemaking. All comments must be in writing and should be addressed to:

Steffanie Garrett

General Counsel


21



Illinois Department of Healthcare and Family Services

201 South Grand Avenue East, 3rd Floor

Springfield IL 62763-0002

[email protected]

The Department requests the submission of written comments within 45 days after the

publication of this Notice. The Department will consider all written comments it receives

during the first notice period as required by Section 5-40 of the Illinois Administrative

Procedure Act [5 ILCS 100/5-40].



affected: None



14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: July 2020

The full text of the Proposed Amendment begins on the next page:


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TITLE 89: SOCIAL SERVICES

CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

SUBCHAPTER d: MEDICAL PROGRAMS

PART 146

SPECIALIZED HEALTH CARE DELIVERY SYSTEMS

SUBPART A: AMBULATORY SURGICAL TREATMENT CENTERS

Section

146.100 General Description

146.105 Definitions

146.110 Participation Requirements

146.115 Records and Data Reporting Requirements

146.125 Covered Ambulatory Surgical Treatment Center Services

146.130 Reimbursement for Services

SUBPART B: SUPPORTIVE LIVING PROGRAM (SLP) SETTINGS

Section


146.205 Definitions

146.210 Structural Requirements

146.215 SLP Participation Requirements

146.220 Resident Participation Requirements

146.225 Reimbursement for Medicaid Residents

146.230 Services

146.235 Staffing

146.240 Resident Contract

146.245 Assessment and Service Plan and Quarterly Evaluation

146.250 Resident Rights

146.255 Discharge

146.260 Grievance Procedure

146.265 Records and Reporting Requirements

146.270 Quality Assurance Plan

146.275 Monitoring

146.280 Non-Compliance Action

146.285 Voluntary Surrender of Certification

146.290 Geographic Groups


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146.295 Emergency Contingency Plan

146.300 Waivers

146.305 Reporting of Suspected Abuse, Neglect and Financial Exploitation

146.310 Facility Management of Resident Funds

SUBPART C: STATE HEMOPHILIA PROGRAM

Section

146.400 Definitions

146.410 Patient Eligibility

146.420 Hemophilia Treatment Centers

146.430 Comprehensive Care Evaluation

146.440 Home Transfusion Arrangements

146.450 Obligations of the Department

SUBPART D: CHILDREN'S COMMUNITY-BASED HEALTH CARE CENTERS

Section


146.510 Definitions


146.530 Records and Data Reporting Requirements

146.540 Covered Children's Community-Based Health Care Center Services

146.550 Reimbursement for Services

146.560 Individuals Eligible for Services Provided in a Children's Community-Based

Health Care Center

146.570 Prior and Post Approval of Services

SUBPART E: SUPPORTIVE LIVING PROGRAM (SLP) SETTINGS

WITH DEMENTIA CARE UNITS

Section


146.610 Structural Requirements


146.630 Resident Participation Requirements

146.640 Services

146.650 Reimbursement for Medicaid Residents

146.660 Staffing


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146.670 Assessment and Service Plan and Quarterly Evaluation

146.680 Monitoring

146.690 Reporting Requirements

146.700 Resident Rights

146.710 Discharge

SUBPART F: BIRTH CENTERS

Section



146.820 Record Requirements

146.830 Covered Birth Center Services

146.840 Reimbursement of Birth Center Services

SUBPART G: SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES

Section

146.900 General Provisions

146.910 Reimbursement

AUTHORITY: Implementing and authorized by Articles III, IV, V, VI and Section 12-13 of the

Illinois Public Aid Code [305 ILCS 5].

SOURCE: Old Part repealed at 14 Ill. Reg. 13800, effective August 15, 1990; new Part adopted

at 20 Ill. Reg. 4419, effective February 29, 1996; emergency amendment at 21 Ill. Reg. 13875,

effective October 1, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 4430, effective

February 27, 1998; emergency amendment at 22 Ill. Reg. 13146, effective July 1, 1998, for a

maximum of 150 days; amended at 22 Ill. Reg. 19914, effective October 30, 1998; amended at

23 Ill. Reg. 5819, effective April 30, 1999; emergency amendment at 23 Ill. Reg. 8256, effective

July 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 13663, effective November 1,

1999; amended at 24 Ill. Reg. 8353, effective June 1, 2000; emergency amendment at 26 Ill. Reg.

14882, effective October 1, 2002, for a maximum of 150 days; amended at 27 Ill. Reg. 2176,

effective February 1, 2003; emergency amendment at 27 Ill. Reg. 10854, effective July 1, 2003,

for a maximum of 150 days; amended at 27 Ill. Reg. 18671, effective November 26, 2003;

emergency amendment at 28 Ill. Reg. 12218, effective August 11, 2004, for a maximum of 150

days; emergency amendment at 28 Ill. Reg. 14214, effective October 18, 2004, for a maximum

of 150 days; amended at 29 Ill. Reg. 852, effective January 1, 2005; emergency amendment at 29

Ill. Reg. 2014, effective January 21, 2005, for a maximum of 150 days; amended at 29 Ill. Reg.


21



4360, effective March 7, 2005; expedited correction at 29 Ill. Reg. 14127, effective March 7,

2005; amended at 29 Ill. Reg. 6967, effective May 1, 2005; amended at 29 Ill. Reg. 14987,

effective September 30, 2005; amended at 30 Ill. Reg. 8845, effective May 1, 2006; amended at


April 1, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 11681, effective August 1,

2007; amended at 33 Ill. Reg. 11803, effective August 1, 2009; emergency amendment at 36 Ill.

Reg. 6751, effective April 13, 2012, for a maximum of 150 days; amended at 36 Ill. Reg. 13885,

effective August 27, 2012; amended at 37 Ill. Reg. 17624, effective October 28, 2013; expedited

correction at 38 Ill. Reg. 4518, effective October 28, 2013; amended at 38 Ill. Reg. 13255,

effective June 11, 2014; amended at 38 Ill. Reg. 13893, effective June 23, 2014; amended at 38

Ill. Reg. 15152, effective July 2, 2014; emergency amendment at 38 Ill. Reg. 15713, effective

July 7, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 23768, effective December 2,

2014; emergency amendment at 39 Ill. Reg. 6945, effective May 1, 2015 through June 30, 2015;

emergency amendment at 42 Ill. Reg. 13733, effective July 2, 2018, for a maximum of 150 days;

emergency amendment to emergency rule at 42 Ill. Reg. 16311, effective August 13, 2018, for

the remainder of the 150 days; emergency expired November 28, 2018; amended at 42 Ill. Reg.

16731, effective August 28, 2018; emergency amendment at 42 Ill. Reg. 17935, effective

September 24, 2018, for a maximum of 150 days; emergency expired February 20, 2019;

amended at 43 Ill. Reg. 6803, effective May 28, 2019; Subpart B and Subpart E recodified at 43

Ill. Reg. 7014; amended at 44 Ill. Reg. 2331, effective January 15, 2020; emergency amendment

at 44 Ill. Reg. 12825, effective July 17, 2020, for a maximum of 150 days; amended at 44 Ill.

Reg. 19760, effective December 11, 2020; amended at 45 Ill. Reg. ______, effective

____________.

SUBPART G: SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES

Section 146.910 Reimbursement

a) Facilities licensed under Specialized Mental Health Rehabilitation Act of 2013

shall be reimbursed at:

1) the rate in effect on June 30, 2014, less $7.07 for each facility previously

licensed under the Nursing Home Care Act on June 30, 2013;

2) the rate in effect on June 30, 2013 for each facility licensed under the

Specialized Mental Health Rehabilitation Act on June 30, 2013;

3) effective for services provided on or after July 1, 2017, the rate in effect

on June 30, 2017 increased by 2.8%; or


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4) effective for services provided on or after July 1, 2018, the rate in effect

on June 30, 2018 increased by 4%.

b) Any adjustment in the support component or the capital component for facilities

licensed by the Department of Public Health under the Nursing Home Care Act

shall apply equally to facilities licensed by the Department of Public Health under

the Specialized Mental Health Rehabilitation Act of 2013.

c) Notwithstanding the provisions set forth in 89 Ill. Adm. Code 153, facilities

licensed under the Specialized Mental Health Rehabilitation Act of 2013 shall

receive a payment in the amount of $29.43 per licensed bed, per day, for the

period beginning June 1, 2014 and ending June 30, 2014.

d) Facilities licensed or provisionally licensed under the Specialized Mental Health

Rehabilitation Act of 2013 on or before June 1, 2018 will be reimbursed for

therapeutic visits that have been indicated by an interdisciplinary team as

therapeutically beneficial at the following:

1) Effective for dates of service June 4, 2018 through July 26, 2018,

therapeutic visits are reimbursed at a rate of 75% of the facility's rate as of

June 4, 2018.

2) Effective for dates of service on or after July 27, 2018 through June 30,

2020, therapeutic visits are reimbursed at a rate of 75% of the facility's

rate as of July 27, 2018.

3) Effective for dates of service on or after July 1, 2020, therapeutic visits are

reimbursed at a rate of 75% of the facility's current rate.

43) Facilities may not be reimbursed for more than 10 consecutive days of

therapeutic visits and no more than 20 days of therapeutic visits per State

fiscal year.

(Source: Amended at 45 Ill. Reg. ______, effective ____________)


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1) Heading of the Part: Reimbursement for Nursing Costs for Geriatric Facilities



147.310 Amendment


5) Complete Description of the Subjects and Issues Involved: This amendment proposes a

change to the long term care regional wage adjustor.


rulemaking: None

7) Will this rulemaking replace any emergency rule currently in effect? No





government.


Any interested parties may submit comments, data, views, or arguments concerning this

proposed rulemaking. All comments must be in writing and should be addressed to:

Steffanie Garrett

General Counsel




[email protected]


21









affected: None




15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

anticipated by the Department when the most recent Regulatory Agendas were published.

The full text of the Proposed Amendment begins on the next page:


21





SUBCHAPTER d: MEDICAL PROGRAMS

PART 147

REIMBURSEMENT FOR NURSING COSTS FOR GERIATRIC FACILITIES

Section

147.5 Minimum Data Set-Mental Health (MDS-MH) Based Reimbursement System

(Repealed)

147.15 Comprehensive Resident Assessment (Repealed)

147.25 Functional Needs and Restorative Care (Repealed)

147.50 Service Needs (Repealed)

147.75 Definitions (Repealed)

147.100 Reconsiderations (Repealed)

147.105 Midnight Census Report

147.125 Nursing Facility Resident Assessment Instrument (Repealed)

147.150 Minimum Data Set (MDS) Based Reimbursement System (Repealed)

147.175 Minimum Data Set (MDS) Integrity (Repealed)

147.200 Minimum Data Set (MDS) On-Site Review Documentation (Repealed)

147.205 Reimbursement for Ventilator Dependent Residents (Repealed)

147.250 Costs Associated with the Omnibus Budget Reconciliation Act of 1987 (P.L. 100-

203) (Repealed)

147.300 Payment to Nursing Facilities Serving Persons with Mental Illness

147.301 Sanctions for Noncompliance

147.305 Psychiatric Rehabilitation Service Requirements for Individuals With Mental

Illness in Residential Facilities (Repealed)

147.310 Implementation of a Case Mix System

147.315 Nursing Facility Resident Assessment Instrument

147.320 Definitions

147.325 Resident Reimbursement Classifications and Requirements

147.330 Resource Utilization Groups (RUGs) Case Mix Requirements

147.335 Enhanced Care Rates

147.340 Minimum DataDate Set On-Site Reviews

147.345 Quality Incentives

147.346 Appeals of Nursing Rate Determination

147.350 Reimbursement for Additional Program Costs Associated Withwith Providing

Specialized Services for Individuals with Developmental Disabilities in Nursing

Facilities


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147.355 Reimbursement for Residents with Exceptional Needs (Repealed)

147.TABLE A Staff Time (in Minutes) and Allocation by Need Level (Repealed)

147.TABLE B MDS-MH Staff Time (in Minutes and Allocation by Need Level) (Repealed)

147.TABLE C Comprehensive Resident Assessment (Repealed)

147.TABLE D Functional Needs and Restorative Care (Repealed)

147.TABLE E Service (Repealed)

147.TABLE F Social Services (Repealed)

147.TABLE G Therapy Services (Repealed)

147.TABLE H Determinations (Repealed)

147.TABLE I Activities (Repealed)

147.TABLE J Signatures (Repealed)

147.TABLE K Rehabilitation Services (Repealed)

147.TABLE L Personal Information (Repealed)


Illinois Public Aid Code [305 ILCS 5/Arts. III, IV, V, VI and 12-13].

SOURCE: Recodified from 89 Ill. Adm. Code 140.900 thru 140.912 and 140.Table H and

140.Table I at 12 Ill. Reg. 6956; amended at 13 Ill. Reg. 559, effective January 1, 1989; amended

at 13 Ill. Reg. 7043, effective April 24, 1989; emergency amendment at 13 Ill. Reg. 10999,

effective July 1, 1989, for a maximum of 150 days; emergency expired November 28, 1989;

amended at 13 Ill. Reg. 16796, effective October 13, 1989; amended at 14 Ill. Reg. 210, effective

December 21, 1989; emergency amendment at 14 Ill. Reg. 6915, effective April 19, 1990, for a

maximum of 150 days; emergency amendment at 14 Ill. Reg. 9523, effective June 4, 1990, for a

maximum of 150 days; emergency expired November 1, 1990; emergency amendment at 14 Ill.

Reg. 14203, effective August 16, 1990, for a maximum of 150 days; emergency expired January

13, 1991; emergency amendment at 14 Ill. Reg. 15578, effective September 11, 1990, for a

maximum of 150 days; emergency expired February 8, 1991; amended at 14 Ill. Reg. 16669,

effective September 27, 1990; amended at 15 Ill. Reg. 2715, effective January 30, 1991;

amended at 15 Ill. Reg. 3058, effective February 5, 1991; amended at 15 Ill. Reg. 6238, effective

April 18, 1991; amended at 15 Ill. Reg. 7162, effective April 30, 1991; amended at 15 Ill. Reg.

9001, effective June 17, 1991; amended at 15 Ill. Reg. 13390, effective August 28, 1991;

emergency amendment at 15 Ill. Reg. 16435, effective October 22, 1991, for a maximum of 150

days; amended at 16 Ill. Reg. 4035, effective March 4, 1992; amended at 16 Ill. Reg. 6479,

effective March 20, 1992; emergency amendment at 16 Ill. Reg. 13361, effective August 14,

1992, for a maximum of 150 days; amended at 16 Ill. Reg. 14233, effective August 31, 1992;

amended at 16 Ill. Reg. 17332, effective November 6, 1992; amended at 17 Ill. Reg. 1128,

effective January 12, 1993; amended at 17 Ill. Reg. 8486, effective June 1, 1993; amended at 17


21



Ill. Reg. 13498, effective August 6, 1993; emergency amendment at 17 Ill. Reg. 15189, effective

September 2, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 2405, effective January

25, 1994; amended at 18 Ill. Reg. 4271, effective March 4, 1994; amended at 19 Ill. Reg. 7944,

effective June 5, 1995; amended at 20 Ill. Reg. 6953, effective May 6, 1996; amended at 21 Ill.

Reg. 12203, effective August 22, 1997; amended at 26 Ill. Reg. 3093, effective February 15,

2002; emergency amendment at 27 Ill. Reg. 10863, effective July 1, 2003, for a maximum of 150

days; amended at 27 Ill. Reg. 18680, effective November 26, 2003; expedited correction at 28 Ill.

Reg. 4992, effective November 26, 2003; emergency amendment at 29 Ill. Reg. 10266, effective

July 1, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 18913, effective November 4,

2005; amended at 30 Ill. Reg. 15141, effective September 11, 2006; expedited correction at 31

Ill. Reg. 7409, effective September 11, 2006; amended at 31 Ill. Reg. 8654, effective June 11,

2007; emergency amendment at 32 Ill. Reg. 415, effective January 1, 2008, for a maximum of

150 days; emergency amendment suspended at 32 Ill. Reg. 3114, effective February 13, 2008;

emergency suspension withdrawn in part at 32 Ill. Reg. 4399, effective February 26, 2008 and 32

Ill. Reg. 4402, effective March 11, 2008 and 32 Ill. Reg. 9765, effective June 17, 2008; amended

at 32 Ill. Reg. 8614, effective May 29, 2008; amended at 33 Ill. Reg. 9337, effective July 1,

2009; emergency amendment at 33 Ill. Reg. 14350, effective October 1, 2009, for a maximum of

150 days; emergency amendment modified in response to the objection of the Joint Committee

on Administrative Rules at 34 Ill. Reg. 1421, effective January 5, 2010, for the remainder of the

150 days; emergency expired February 27, 2010; amended at 34 Ill. Reg. 3786, effective March

14, 2010; amended at 35 Ill. Reg. 19514, effective December 1, 2011; amended at 36 Ill. Reg.

7077, effective April 27, 2012; emergency amendment at 38 Ill. Reg. 1205, effective January 1,

2014, for a maximum of 150 days; Sections 147.335(a)(7)(B) and 147.355(b) of the emergency

amendment suspended by the Joint Committee on Administrative Rules at 38 Ill. Reg. 3385,

effective January 14, 2014; suspension withdrawn at 38 Ill. Reg. 5898, effective March 7, 2014;

emergency amendment modified in response to JCAR Objection at 38 Ill. Reg. 6707, effective

March 7, 2014, for the remainder of the 150 days; amended at 38 Ill. Reg. 12173, effective May

30, 2014; emergency amendment at 38 Ill. Reg. 15723, effective July 7, 2014, for a maximum of

150 days; amended at 38 Ill. Reg. 23778, effective December 2, 2014; amended at 45 Ill. Reg.

______, effective ____________.

Section 147.310 Implementation of a Case Mix System

a) P.A. 98-0104 requires the Department to implement, effective January 1, 2014, an

evidence-based payment methodology for the reimbursement of nursing services.

The methodology shall take into consideration the needs of individual residents,

as assessed and reported by the most current version of the nursing facility

Minimum Data Set (MDS), adopted and in use by the federal government.


21



b) This Section establishes the method and criteria used to determine the resident

reimbursement classification based upon the assessments of residents in nursing

facilities. Resident reimbursement classification shall be established utilizing the

48-group, Resource Utilization Groups IV (RUG-IV) classification scheme and

weights as published by the United States Department of Health and Human

Services, Centers for Medicare and Medicaid Services (federal CMS). An Illinois

specific default group is established in subsection (f)(3) and identified as AA1

with an assigned weight equal to the weight assigned to group PA1.

c) The pool of funds available for distribution by case mix shall be determined using

the formula contained below. Base rate spending pool shall be:

1) The base year resident days, which are calculated by multiplying the

number of Medicaid residents in each nursing facility based on MDS

comprehensive assessments for Medicaid residents on March 31, 2012,

multiplied by 365 days.

2) Each facility's nursing component per diem in effect on July 1, 2012 shall

be multiplied by the number determined in subsection (c)(1).

3) Thirteen million is added to the result of subsection (c)(2) of this Section,

to adjust for the exclusion of nursing facilities defined as Class I IMDs.

d) For each nursing facility with Medicaid residents as indicated by the MDS data

defined in subsection (c)(1) of this Section, weighted days adjusted for case mix

and regional wage adjustment shall be calculated. For each nursing facility this

calculation is the product of:

1) Base year resident days as calculated in subsection (c)(1).

2) The nursing facility's regional wage adjustor based on the Health Service

Areas (HSA) groupings and adjustors in effect on April 30, 2012.

3) Facility weighted case mix, which is the number of Medicaid residents as

indicated by the MDS data defined in subsection (c)(1) multiplied by the

associated case weight for the RUG-IV 48-group model using standard

RUG-IV procedures for index maximization.


21



4) The sum of the products calculated for each nursing facility in subsections

(d)(1) through (d)(3) shall be the base year case mix, rate adjusted

weighted days.

e) The statewide RUG-IV nursing base per diem rate effective on:

1) January 1, 2014 shall be the quotient of subsection (c) divided by the sum

calculated under subsection (d)(4) and is $83.49.

2) July 1, 2014 shall be the rate calculated in subsection (e)(1) increased by

$1.76.

f) Nursing Component Per DiemFor services provided on or after:

1) For services provided on or after January 1, 2014, the Department shall

compute and pay a facility-specific nursing component of the per diem

rate as the arithmetic mean of the resident-specific nursing components, as

determined in subsection (d), assigned to Medicaid-enrolled residents on

record, as of 30 days prior to the beginning of the rate period, in the

Department's Medicaid Management Information System (MMIS), or any

successor system, as present in the facility on the last day of the second

quarter preceding the rate period. The RUG-IV nursing component per

diem for a nursing facility shall be the product of the statewide RUG-IV

nursing base per diem rate, the facility average case mix index to be

calculated quarterly, and the regional wage adjustor. Transition rates for

services provided between January 1, 2014 and December 31, 2014 shall

be as follows:

A) The transition RUG-IV per diem nursing rate for nursing facilities

whose rate calculated in this subsection (f) is greater than the

nursing component rate in effect July 1, 2012 shall be paid the sum

of:

i) The nursing component rate in effect July 1, 2012; plus

ii) The difference of the RUG-IV nursing component per diem

calculated for the current quarter minus the nursing

component rate in effect July 1, 2012, multiplied by 0.88.


21



B) The transition RUG-IV per diem nursing rate for nursing facilities

whose rate calculated in this subsection (f) is less than the nursing

component rate in effect July 1, 2012 shall be paid the sum of:

i) The nursing component rate in effect July 1, 2012; plus

ii) The difference of the RUG-IV nursing component per diem

calculated for the current quarter minus the nursing

component rate in effect July 1, 2012, multiplied by 0.13.

C) Effective January 1, 2020, the regional wage adjustor referenced in

this subsection (f)(1) cannot be lower than 0.95.

D) Effective July 1, 2020, the regional wage adjustor referenced in

this subsection (f)(1) cannot be lower than 1.0.

2) Effective for dates of service on or after July 1, 2014, a per diem add-on to

the RUGS methodology will be included as follows:

A) $0.63 for each resident who scores I4200 Alzheimer's Disease or

I4800 non-Alzheimer's Dementia.

B) $2.67 for each resident who scores "1" or "2" in any items S1200A

through S1200I and also scores in the RUG groups PA1, PA2,

BA1 and BA2.

3) The Department shall determine the group to which a resident is assigned

using the 48-group RUG-IV classification scheme with an index

maximization approach. A resident for whom RUGs resident

identification information is missing, or inaccurate, or for whom there is

no current MDS record for that quarter, shall be assigned to default group

AA1. A resident for whom an MDS assessment does not meet the federal

CMS edit requirements as described in the Long Term Care Resident

Assessment Instrument (RAI) Users Manual or for whom an MDS

assessment has not been submitted within 14 calendar days after the time

requirements in Section 147.315 shall be assigned to default group AA1.


21



4) The assessment used for the purpose of rate calculation shall be identified

as an Omnibus Budget Reconciliation Act (OBRA) assessment on the

MDS following the guidance in the RAI Manual.

5) The MDS used for the purpose of rate calculation shall be determined by

the Assessment Reference Date (ARD) identified on the MDS assessment.

g) The Department shall provide each nursing facility with information that

identifies the group to which each resident has been assigned.



21



1) Heading of the Part: Long Term Care Reimbursement Changes



153.125 Amendment


5) Complete Description of the Subjects and Issues Involved: This proposed amendment

implements medical assistance program reimbursement rate increases for facilities

licensed under ID/DD Community Care Act and the MC/DD Act as required by PA 101-

636.


rulemaking: None




10) Are there any other rulemakings pending on this Part? Yes

Section Number: Proposed Action: Illinois Register Citation:

140.80 Amendment 44 Ill. Reg 12721; July 31, 2020


government.


rulemaking: Any interested parties may submit comments, data, views, or arguments

concerning this proposed rulemaking. All comments must be in writing and should be

addressed to:

Steffanie Garrett

General Counsel



21





[email protected]







affected: Long Term Care facilities




15) Regulatory Agenda on which this rulemaking was summarized: July 2020

The full text of the Proposed Amendment is identical to the Emergency Amendment that begins

on page 1191.


21

OFFICE OF THE SECRETARY OF STATE


1) Heading of the Part: Business Corporation Act



150.740 Amendment

4) Statutory Authority: Implementing and authorized by the Business Corporation Act of

1983 [805 ILCS 5].

5) A Complete Description of the Subjects and Issues Involved: This amendment authorizes

the Secretary of State to collect fees for late filings of materials required to be filed with

the Secretary of State. New language is added stating that the statutory fees for the late

filing of certain documents, including franchise tax, penalties, interest and filing fees are

in full force and effect.


rulemaking: None

7) Will this rulemaking replace an emergency rule currently in effect? Yes




11) Statement of Statewide Policy Objective: This rulemaking does not create or enlarge a

mandate as described in Section 3(b) of the State Mandates Act.


rulemaking:

Pamela Wright

Office of the General Counsel

298 Howlett Building


[email protected]


21





affected: All corporations with past due deadlines for the filing of documents.



14) Small Business Impact Analysis: All corporations with past due deadlines for filing of

documents.


11 Agriculture, Forestry, Fishing and Hunting

21 Mining

22 Utilities

23 Construction

31-33 Manufacturing

42 Wholesale Trade

44-45 Retail Trade

48-49 Transportation and Warehousing

51 Information

52 Finance and Insurance

53 Real Estate Rental and Leasing

54 Professional, Scientific, and Technical Services

55 Management of Companies and Enterprises

56 Administrative and Support and Waste Management

and Remediation Services

61 Educational Services

62 Health Care and Social Assistance

71 Arts, Entertainment, and Recreation

72 Accommodation and Food Services

81 Other Services (except Public Administration)


including:


21



ii. regulatory requirements;

vii. record keeping;


included on either of the 2 most recent agendas because the Department did not anticipate

this rulemaking at the time the agendas were filed.

The full text of the Proposed Amendment is identical to that of the text of the Emergency

Amendment for this Part, and begins in this issue of the Illinois Register on page 1215.


21


NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Issuance of Licenses


3) Section Numbers: Proposed Actions:

1030.80 Amendment

1030.85 Amendment

4) Statutory Authority: Implementing Article I of the Illinois Driver Licensing Law of the

Illinois Vehicle Code [625 ILCS 5] and authorized by Section 2-104(b) of the Illinois

Vehicle Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5].

5) A Complete Description of the Subjects and Issues Involved: This rulemaking makes no

substantive changes, but moves the provision exempting certain veterans from CDL

knowledge tests to the appropriate section of Part 1030.


rulemaking: None

7) Will this rulemaking replace any emergency rule currently in effect? No




11) Statement of Statewide Policy Objective: No expenditures by units of local government.


Persons who wish to comment on this proposed rulemaking may submit written

comments no later than 45 days after the publication of this Notice to:

Pamela Wright




[email protected]


21





affected: None




A) Types of businesses subject to the proposed rule: Any business which requires a

CDL be held by an employee may be affected.


including:

i. hiring and additional staffing

ii. regulatory requirements;

iv. insurance charges;

vii. training requirements;

viii. record keeping

ix. compensation and benefits; or

x. other potential impacted categories




The full text of the Proposed Amendments begins on the next page:


21



TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1030

ISSUANCE OF LICENSES

Section

1030.1 Definitions

1030.5 Procedure for Obtaining a Standard Driver's License or Identification Card

1030.6 Procedure for Obtaining a Visa Status Temporary Visitor's Driver's License

Pursuant to IVC Section 6-105.1(a)

1030.7 Procedure for Obtaining a Non-Visa Status Temporary Visitor's Driver's License

Pursuant to IVC Section 6-105.1(a-5)

1030.8 Procedure for Obtaining a Real ID Compliant Driver's License or Identification

Card

1030.10 What Persons Shall Not Be Licensed or Granted Permits

1030.11 Procedure for Obtaining a Driver's License/Temporary Visitor's Driver's License

(Renumbered)

1030.12 Identification Cards for the Homeless

1030.13 Denial of License or Permit

1030.14 Emergency Contact Database

1030.15 Cite for Re-testing

1030.16 Physical and Mental Evaluation

1030.17 Errors in Issuance of Driver's License/Cancellation

1030.18 Medical Criteria Affecting Driver Performance

1030.20 Classification of Drivers – References (Repealed)

1030.22 Medical Examiner's Certificate − CLP or CDL Holders

1030.25 Safe Driver License Renewals

1030.26 Identification Cards for IDOC/IDJJ Applicants

1030.27 Identification Cards for Youth in Care

1030.30 Classification Standards

1030.40 Fifth Wheel Equipped Trucks

1030.50 Bus Driver's Authority, Religious Organization and Senior Citizen Transportation

1030.55 Commuter Van Driver Operating a For-Profit Ridesharing Arrangement

1030.60 Third-Party Certification Program

1030.63 Religious Exemption for Social Security Numbers (Repealed)

1030.65 Instruction Permits

1030.66 Adult Driver Education

1030.70 Driver's License Testing/Vision Screening


21



1030.75 Driver's License Testing/Vision Screening With Vision Aid Arrangements Other

Than Standard Eye Glasses or Contact Lenses

1030.80 Driver's License Testing/Written Test

1030.81 Endorsements

1030.82 Charter Bus Driver Endorsement Requirements

1030.83 Hazardous Material Endorsement

1030.84 Vehicle Inspection

1030.85 Driver's License Testing/Road Test

1030.86 Multiple Attempts − Written and/or Road Tests

1030.88 Exemption of Facility Administered Road Test

1030.89 Temporary Driver's Licenses and Temporary Instruction Permits

1030.90 Requirement for Photograph and Signature of Licensee on Driver's License

1030.91 Person with a Disability Identification Card

1030.92 Restrictions

1030.93 Restricted Local Licenses

1030.94 Duplicate or Corrected Driver's License or Instruction Permit

1030.95 Consular Licenses (Repealed)

1030.96 Seasonal Restricted Commercial Driver's License

1030.97 Invalidation of a Driver's License, Permit and/or Driving Privilege

1030.98 School Bus Endorsement or Learner's Permit

1030.100 Anatomical Gift Donor (Repealed)

1030.110 Emergency Medical Information Card

1030.115 Change-of-Address

1030.120 Issuance of a Probationary License

1030.130 Grounds for Cancellation of a Probationary License

1030.140 Use of Captured Images

1030.150 Veteran Designation on Driver's License or Identification Card

1030.160 Extension of Expiration Dates

1030.APPENDIX A Questions Asked of a Driver's License Applicant

1030.APPENDIX B Acceptable Identification Documents – Applicants for a Standard

Identification Card, Driver's License, Instruction Permit, Visa Status

Temporary Visitor's Driver's License Pursuant to IVC Section 6-

105.1(a) or Visa Status Temporary Visitor's Instruction Permit (Non-

Real ID)

1030.APPENDIX C Acceptable Identification Documents – Applicants for a Non-Visa

Status Temporary Visitor's Driver's License or Non-Visa Status

Temporary Visitor's Instruction Permit Pursuant to IVC Section 6-

105.1(a-5)


21



1030.APPENDIX D Acceptable Identification Documents – Applicants for a Real ID

Compliant Driver's License or Identification Card

AUTHORITY: Implementing Article I of the Illinois Driver Licensing Law of the Illinois

Vehicle Code [625 ILCS 5] and authorized by Section 2-104(b) of the Illinois Vehicle Title and

Registration Law of the Illinois Vehicle Code [625 ILCS 5].

SOURCE: Filed March 30, 1971; amended at 3 Ill. Reg. 7, p. 13, effective April 2, 1979;

amended at 4 Ill. Reg. 27, p. 422, effective June 23, 1980; amended at 6 Ill. Reg. 2400, effective

February 10, 1982; codified at 6 Ill. Reg. 12674; amended at 9 Ill. Reg. 2716, effective February

20, 1985; amended at 10 Ill. Reg. 303, effective December 24, 1985; amended at 10 Ill. Reg.

15130, effective September 2, 1986; amended at 10 Ill. Reg. 18182, effective October 14, 1986;

amended at 11 Ill. Reg. 9331, effective April 28, 1987; amended at 11 Ill. Reg. 18292, effective

October 23, 1987; amended at 12 Ill. Reg. 3027, effective January 14, 1988; amended at 12 Ill.

Reg. 13221, effective August 1, 1988; amended at 12 Ill. Reg. 16915, effective October 1, 1988;


effective April 1, 1989; amended at 13 Ill. Reg. 7808, effective June 1, 1989; amended at 13 Ill.

Reg. 12880, effective July 19, 1989; amended at 13 Ill. Reg. 12978, effective July 19, 1989;

amended at 13 Ill. Reg. 13898, effective August 22, 1989; amended at 13 Ill. Reg. 15112,

effective September 8, 1989; amended at 13 Ill. Reg. 17095, effective October 18, 1989;

amended at 14 Ill. Reg. 4570, effective March 8, 1990; amended at 14 Ill. Reg. 4908, effective

March 9, 1990; amended at 14 Ill. Reg. 5183, effective March 21, 1990; amended at 14 Ill. Reg.

8707, effective May 16, 1990; amended at 14 Ill. Reg. 9246, effective May 16, 1990; amended at

14 Ill. Reg. 9498, effective May 17, 1990; amended at 14 Ill. Reg. 10111, effective June 11,

1990; amended at 14 Ill. Reg. 10510, effective June 18, 1990; amended at 14 Ill. Reg. 12077,

effective July 5, 1990; amended at 14 Ill. Reg. 15487, effective September 10, 1990; amended at

15 Ill. Reg. 15783, effective October 18, 1991; amended at 16 Ill. Reg. 2182, effective January

24, 1992; emergency amendment at 16 Ill. Reg. 12228, effective July 16, 1992, for a maximum

of 150 days; emergency expired on December 13, 1992; amended at 16 Ill. Reg. 18087, effective

November 17, 1992; emergency amendment at 17 Ill. Reg. 1219, effective January 13, 1993, for

a maximum of 150 days; amended at 17 Ill. Reg. 2025, effective February 1, 1993; amended at

17 Ill. Reg. 7065, effective May 3, 1993; amended at 17 Ill. Reg. 8275, effective May 24, 1993;

amended at 17 Ill. Reg. 8522, effective May 27, 1993; amended at 17 Ill. Reg. 19315, effective


Reg. 7478, effective May 2, 1994; amended at 18 Ill. Reg. 16457, effective October 24, 1994;

amended at 19 Ill. Reg. 10159, effective June 29, 1995; amended at 20 Ill. Reg. 3891, effective

February 14, 1996; emergency amendment at 20 Ill. Reg. 8358, effective June 4, 1996, for a

maximum of 150 days; emergency amendment repealed in response to an objection of the Joint

Committee on Administrative Rules at 20 Ill. Reg. 14279; amended at 21 Ill. Reg. 6588,


21



effective May 19, 1997; amended at 21 Ill. Reg. 10992, effective July 29, 1997; amended at 22

Ill. Reg. 1466, effective January 1, 1998; emergency amendment at 23 Ill. Reg. 9552, effective

August 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 13947, effective November

8, 1999; amended at 24 Ill. Reg. 1259, effective January 7, 2000; emergency amendment at 24

Ill. Reg. 1686, effective January 13, 2000, for a maximum of 150 days; amended at 24 Ill. Reg.

6955, effective April 24, 2000; emergency amendment at 24 Ill. Reg. 13044, effective August

10, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 18400, effective December 4,

2000; amended at 25 Ill. Reg. 959, effective January 5, 2001; amended at 25 Ill. Reg. 7742,

effective June 5, 2001; amended at 25 Ill. Reg. 12646, effective September 24, 2001; emergency

amendment at 25 Ill. Reg. 12658, effective September 24, 2001, for a maximum of 150 days;

emergency expired February 20, 2002; amended at 26 Ill. Reg. 9961, effective June 24, 2002;

amended at 27 Ill. Reg. 855, effective January 3, 2003; emergency amendment at 27 Ill. Reg.

7340, effective April 14, 2003, for a maximum of 150 days; emergency expired September 10,

2003; emergency amendment at 27 Ill. Reg. 16968, effective October 17, 2003, for a maximum

of 150 days; emergency expired March 14, 2004; emergency amendment at 28 Ill. Reg. 384,

effective January 1, 2004, for a maximum of 150 days; emergency expired May 29, 2004;


July 13, 2004; amended at 29 Ill. Reg. 920, effective January 1, 2005; emergency amendment at

29 Ill. Reg. 2469, effective January 31, 2005, for a maximum of 150 days; emergency expired

June 29, 2005; amended at 29 Ill. Reg. 9488, effective June 17, 2005; amended at 29 Ill. Reg.

12519, effective July 28, 2005; amended at 29 Ill. Reg. 13237, effective August 11, 2005;

amended at 29 Ill. Reg. 13580, effective August 16, 2005; amended at 30 Ill. Reg. 910, effective

January 6, 2006; amended at 30 Ill. Reg. 5621, effective March 7, 2006; amended at 30 Ill. Reg.

11365, effective June 15, 2006; emergency amendment at 30 Ill. Reg. 11409, effective June 19,

2006, for a maximum of 150 days; emergency expired November 15, 2006; amended at 31 Ill.

Reg. 4782, effective March 12, 2007; amended at 31 Ill. Reg. 5096, effective March 15, 2007;


April 12, 2007; amended at 31 Ill. Reg. 7643, effective May 16, 2007; amended at 31 Ill. Reg.

11342, effective July 18, 2007; amended at 31 Ill. Reg. 14547, effective October 9, 2007;

amended at 31 Ill. Reg. 14849, effective October 22, 2007; amended at 31 Ill. Reg. 16543,

effective November 27, 2007; amended at 31 Ill. Reg. 16843, effective January 1, 2008;

emergency amendment at 32 Ill. Reg. 208, effective January 2, 2008, for a maximum of 150

days; amended at 32 Ill. Reg. 6544, effective April 4, 2008; amended at 33 Ill. Reg. 2391,

effective January 21, 2009; amended at 33 Ill. Reg. 8489, effective June 5, 2009; amended at 33

Ill. Reg. 9794, effective June 29, 2009; amended at 33 Ill. Reg. 11620, effective July 22, 2009;

amended at 33 Ill. Reg. 14185, effective September 28, 2009; amended at 34 Ill. Reg. 563,

effective December 22, 2009; amended at 34 Ill. Reg. 9457, effective June 23, 2010; amended at

34 Ill. Reg. 15418, effective September 22, 2010; amended at 34 Ill. Reg. 19071, effective

November 22, 2010; amended at 35 Ill. Reg. 2197, effective January 21, 2011; amended at 35 Ill.


21



Reg. 4692, effective March 3, 2011; amended at 35 Ill. Reg. 19664, effective November 23,

2011; amended at 36 Ill. Reg. 3924, effective February 27, 2012; amended at 36 Ill. Reg. 7255,

effective April 26, 2012; amended at 36 Ill. Reg. 14755, effective September 18, 2012; amended

at 37 Ill. Reg. 7776, effective May 22, 2013; amended at 37 Ill. Reg. 14176, effective September

1, 2013; amended at 37 Ill. Reg. 19342, effective November 28, 2013; amended at 38 Ill. Reg.

7946, effective March 28, 2014; emergency amendment at 38 Ill. Reg. 8429, effective April 4,

2014, for a maximum of 150 days; amended at 38 Ill. Reg. 12515, effective July 1, 2014;

amended at 38 Ill. Reg. 16366, effective July 21, 2014; amended at 38 Ill. Reg. 20039, effective


Reg. 5083, effective March 23, 2015; amended at 39 Ill. Reg. 8028, effective May 21, 2015;



Reg. 7330, effective May 2, 2016; amended at 40 Ill. Reg. 13637, effective September 19, 2016;


December 29, 2016; amended at 41 Ill. Reg. 3009, effective February 24, 2017; amended at 41

Ill. Reg. 13665, effective October 30, 2017; amended at 42 Ill. Reg. 1886, effective January 3,


effective March 5, 2018; amended at 42 Ill. Reg. 11499, effective June 8, 2018; amended at 42

Ill. Reg. 20548, effective October 30, 2018; amended at 43 Ill. Reg. 3724, effective March 4,

2019; amended at 43 Ill. Reg. 5322, effective April 24, 2019; amended at 44 Ill. Reg. 2041,

effective December 31, 2019; emergency amendment at 44 Ill. Reg. 5477, effective March 16,

2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 5839, effective March

17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg.

6650, effective April 9, 2020, for the remainder of the 150 days; emergency amendment at 44 Ill.

Reg. 10011, effective May 21, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 16818,

effective September 29, 2020; emergency amendment effective March 17, 2020, as amended

April 9, 2020, repealed at 44 Ill. Reg. 11603, effective June 30, 2020; emergency amendment at

44 Ill. Reg. 11898, effective June 30, 2020, for a maximum of 150 days; emergency amendment

to emergency rule at 44 Ill. Reg. 13823, effective August 7, 2020, for the remainder of the 150

days; emergency amendment to emergency rule at 44 Ill. Reg 16534, effective September 22,

2020, for the remainder of the 150 days; amended at 44 Ill. Reg. 12607, effective July 7, 2020;


effective November 19, 2020; amended at 45 Ill. Reg. 732, effective December 23, 2020;

amended at 45 Ill. Reg. ______, effective ____________.

Section 1030.80 Driver's License Testing/Written Test

Any applicant for an initial or renewal driver's license who is required to take a written test

pursuant to IVC Section 6-109 shall comply with the following provisions:


21



a) Classification of licenses is established in Sections 1030.30 through 1030.40.

b) An applicant for a Class D license shall be required to take a written test

consisting of a minimum of 35 questions, of which 80% percent must be

answered correctly in order to be eligible for a Class D license.

c) An applicant for a Class C, B, A or L-M license shall be required to take the

written test as set forth in subsection (b). The applicant shall also take a written

test established by the Secretary of State for the classifications and/or

endorsements applied for. The number of questions required to be answered is

dependent upon the classifications and/or endorsements applied for. Each written

classification and/or endorsement test shall consist of a minimum of 35 questions,

of which 80% percent must be answered correctly in order for the applicant to be

eligible for the classifications and/or endorsements applied for.

d) The written tests set forth in subsections (b) and (c) shall be in the English

language, and may be in any other languages deemed necessary by the Secretary

of State, based upon an identifiable demand.

e) An applicant who is illiterate may be given the written test orally.

f) An applicant who cannot read or write in the English language, or other available

foreign language, shall be eligible to take the written test. The Driver Services

Facility supervisor or designee may provide or recommend use of an interpreter

for the applicant's language if an interpreter is readily available. If an interpreter

is not readily available, it will be the responsibility of the applicant to obtain the

services of an interpreter. The CDL knowledge test shall be administered only in

the English language. An interpreter shall not be used when the applicant is

attempting to complete the CDL knowledge tests.

g) An applicant shall demonstrate the ability to read and understand official traffic

control devices.

h) Any licensee who wants to change a classification and/or endorsements prior to

renewal of a license shall be required to take the written test for the classification

or classifications and/or endorsements the applicant wants to obtain.

i) Prior to obtaining a Commercial Learner's Permit, an applicant must successfully


21



complete the appropriate CDL knowledge tests specific to the learner's permit

classification.

j) An applicant for a permit to operate a school bus must have in his/her possession

an application for Illinois School Bus Driver's Permit Letter of Intent or its

superseding form. The applicant shall be given a special test consisting of not

more than 24 questions, of which 22 or 90% must be answered correctly in order

to be eligible for a permit.

k) Any person found cheating on any portion of a written test will be deemed to have

failed that portion of the test. In addition, that person will be prohibited from

retaking the written test for a period of 30 days. For purposes of this subsection,

"cheating" shall be defined as receiving or using unauthorized assistance in the

taking of any portion of a test. This includes, but is not limited to, the use of any

notes, books or written information.

l) All persons with a valid out-of-state CDL applying for an Illinois CDL shall be

required to successfully complete the written tests set forth in subsections (b) and

(c), pursuant to IVC Section 6-508(a)(1).

m) Qualified and eligible military service members with certain MOS/Ratings (U.S.

armed forces specialist designations) are exempt from the CDL administered

general knowledge written exam (excluding school bus endorsement) if the

applicant:

1) Is a current resident of this State;

2) Is a current or former member of the military services, including a

member of any reserve component or National Guard unit;

3) Within one year prior to the date of application, was regularly employed in

a military position that requires the operation of large trucks;

4) Received formal military training in the operation of a vehicle similar to

the commercial motor vehicle the applicant expects to operate; and

5) Provides the Secretary of State with a State of Illinois Application for

Exchange of US Military Commercial Driving Experience for Commercial

Driver's License (CDL) signed by the applicant and his or her


21



commanding officer certifying that the applicant qualifies for the general

knowledge written exam waiver.


Section 1030.85 Driver's License Testing/Road Test

a) Classification of licenses is established in Section 1030.30.

b) Persons applying for a Class C or Class D (CDL or Non-CDL) driver's license, a

religious organization restriction, for-profit ridesharing arrangement restriction, or

senior citizen transportation restriction in a First Division vehicle who are

required by IVC Section 6-109 to complete a road test shall be evaluated on the

following driving skills: start, posture, use of mirrors, steering, lane observance,

right-of-way, left and right turns (signal, speed, lane, turn), attention (distraction

level), following (too closely), speed (too fast/too slow), parking (up and/or down

hill), starting (up and/or down hill), final park, signal (pulling into and away from

curb, changing lanes), stop signs, other signs (yield, school, railroad, regulatory,

warning, special), traffic lights, backing, turn about, and use of clutch or

automatic transmission.

c) In addition to those maneuvers listed in subsection (b), persons applying for a

Class A or B driver's license (CDL) shall also be evaluated on the following:

1) Pre-Trip Inspection − the applicant shall demonstrate skills necessary to

conduct a pre-trip inspection, which include the ability to:

A) locate and verbally identify air brake operating controls and

monitoring devices;

B) determine the motor vehicle's brake system condition for proper

adjustments and that the air system connections between vehicles

have been properly made and secured;

C) inspect low pressure warning devices to ensure they will activate in

emergency situations;

D) ascertain, with the engine running, that the system contains an

adequate supply of compressed air;


21



E) determine that the required minimum air pressure build up at the

time is within acceptable limits and that required alarms and

emergency devices automatically deactivate at the proper pressure

level; and

F) operationally check the brake system for proper performance.

2) Vehicle skills test that shall include dock parking, straight line backing,

stop at marked line, and predetermined right turn.

3) Additional road test driving skills of use of gears, railroad crossing,

expressway, bridge and underpass.

d) In addition to those maneuvers listed in subsection (b), persons applying for a

Class A or B driver's license (non-CDL) shall also be evaluated on straight line

backing.

e) In addition to those maneuvers listed in subsection (c), persons applying for a

school bus driver permit must complete a road test in a representative vehicle,

which shall consist of the following: use of gears, railroad crossing (stop and

observation), curb bus (simulate loading/unloading passengers), use of stop arm,

and use of flasher lights.

f) Applicants for a Class L or Class M driver's license who are required to complete

a road test shall be evaluated by using of the following drive tests: ALMOST –

Alternate Motorcycle Operator Skill Test; 5 dot test; and Offstreet Illinois

Department of Transportation Motorcycle Operator Skill Test.

1) Test exercises for the ALMOST and Offstreet Illinois Department of

Transportation Motorcycle Operation Skill Test, for both Class L and

Class M, shall consist of the following: stalling (improper shift, failure to

shift), sharp turn (path, foot down), normal stop (skid, position), cone

weave (skips, hits, foot down), U-Turn (path, foot down), quick stop

(distance), obstacle turn (path), slow drive (time, path, foot down).

2) Test exercises for the 5 dot test, for both Class L and Class M, shall

consist of the following: knowledge of controls, figure U Walk (walk

vehicle without engine running), start from rest, slow drive, gear shifting


21



skill, figure 8 ride, serpentine ride (balanced cone weave), posture,

mounting/dismounting.

g) Test exercises and skills are evaluated on a point system. When the applicant

commits an error, a point or points are assessed based upon the severity of the

error. Applicants for a CDL or Non-CDL Class A, B, C or D license or a

religious organization vehicle restriction, for-profit ridesharing arrangement

restriction or senior citizen transportation restriction are allowed 36 points.

Applicants for a Second Division school bus permit are allowed 40 points.

Applicants for a First Division school bus permit are allowed 36 points.

Applicants for a Class L or M license taking the ALMOST or Offstreet Illinois

Department of Transportation Motorcycle Operation Skill Test evaluation shall be

allowed 11 points. Applicants for an L or M license taking the 5 dot test shall be

allowed seven points.

h) The following acts will result in immediate disqualification: violation in which an

applicant receives a ticket; dangerous action; lack of cooperation or refusal to

perform; or letting the cycle fall or falling off a cycle.

i) A road test will be considered incomplete for the following reasons: the applicant

becomes ill or disabled and is unable to continue the road test; the vehicle

develops mechanical problems after the road test has begun; weather conditions

make the continuation of the road test hazardous; or an accident occurs for which

the applicant does not receive a ticket.

j) No persons are allowed to accompany the applicant and examiner on the road test.

When necessary, exceptions may be made for any applicants who may require a

translator and for the training and evaluation of facility personnel.

k) Any applicant who is suspected by a Driver Services Facility employee of having

consumed alcohol and/or drugs must seek the approval of a Driver Services

Facility manager prior to being administered the road test. If a Driver Services

Facility manager has reasonable cause to believe that an applicant has consumed

alcohol and/or drugs, the applicant shall not be administered the road test.

Evidence of alcohol and/or drug consumption shall include, but not be limited to,

one or more of the following conditions:

1) the applicant admits he/she has consumed alcohol and/or drugs;


21



2) the applicant has a strong odor of alcohol on his/her breath;

3) the applicant's eyes are red and the pupils are dilated;

4) the applicant's speech is slurred; or

5) the applicant is unsteady when walking.

l) All persons applying for a CDL, with the exception of those persons renewing

their Illinois CDL, or those persons holding an Illinois CLP who successfully

completed federally approved CDL training and testing in another CDL certified

state, shall be required to successfully complete the examinations set forth in

subsections (c) and (d) pursuant to IVC Section 6-508(a)(1).

m) Military personnel are exempt from the CDL administered pre-trip, skills and road

test (excluding school bus and passenger endorsements) if:

1) In the two-year period immediately prior to application for a CDL the

applicant has not:

A) had more than one license, except for a military-issued driver's

license;

B) had any driver's license suspended, revoked or cancelled;

C) had any convictions in any type of motor vehicle for the

disqualifying offenses contained in 49 CFR 383.51(b) (October 1,

2012);

D) had more than one conviction in any type of motor vehicle for a

serious traffic violation contained in 49 CFR 383.51(c) (October 1,

2012); and

E) had any conviction for a violation of military, State or local law

relating to motor vehicle traffic control (other than a parking

violation) arising in connection with any traffic accident and has

no record of an accident in which the applicant was at fault.

2) The applicant certifies that:


21



A) he/she is regularly employed or was regularly employed within the

last 12 months in a military position requiring operation of a

commercial motor vehicle;

B) he/she was exempted from the CDL requirements of 49 CFR

383.3(c) (October 1, 2012); and

C) he/she was operating a vehicle representative of the commercial

motor vehicle the applicant operates or expects to operate for at

least the two years immediately preceding discharge from the

military.

3) The applicant submits a completed Secretary of State CDL-ST WVR

form, including signature of the applicant's commanding officer.

n) The use of any recording device, including but not limited to cell phones,

cameras, tape recorders or video recorders, is prohibited during the administration

of a road test. If an examiner discovers a recording device is in use during the

road test, the examiner shall request the applicant to stop the recording device and

delete any recordings of the road test. If the applicant refuses to do so, the

examiner shall immediately terminate the road test and the applicant will be

deemed to have failed the road test.

o) Qualified and eligible military service members with certain MOS/Ratings (U.S.

armed forces specialist designations) are exempt from the CDL administered

general knowledge written exam (excluding school bus endorsement) if the

applicant:

1) Is a current resident of this State;

2) Is a current or former member of the military services, including a

member of any reserve component or National Guard unit;

3) Within one year prior to the date of application, was regularly employed in

a military position that requires the operation of large trucks;

4) Received formal military training in the operation of a vehicle similar to

the commercial motor vehicle the applicant expects to operate; and


21



5) Provides the Secretary of State with a State of Illinois Application for

Exchange of US Military Commercial Driving Experience for Commercial

Driver's License (CDL) signed by the applicant and his or her

commanding officer certifying that the applicant qualifies for the general

knowledge written exam waiver.



21



1) Heading of the Part: School Bus Driver Permit



1035.30 Amendment

4) Statutory Authority: Implementing Section 6-106.1 and authorized by Section 6-521 of

the Illinois Vehicle Code [625 ILCS 5].

5) A Complete Description of the Subjects and Issues Involved: Due to COVID-19

mitigations, annual refresher training for school bus permit holders provided by Regional

Superintendents of Education have been postponed until Spring of 2021. This

rulemaking will provide an additional 90 days for school bus permit holders to complete

their annual refresher training. All other requirements for renewal of a school bus permit

remain in effect.


rulemaking: None

7) Will this rulemaking replace an emergency rule currently in effect? Yes






rulemaking: Persons who wish to comment on this proposed rulemaking may submit

written comments no later than 45 days after the publication of this Notice to:

Pamela Wright





21



[email protected]



affected: School bus companies and school districts





48-49 Transportation and Warehousing

61 Educational Services

92 Public Administration


including:

vii. record keeping;




The full text of the Proposed Amendment is identical to the text of the Emergency Amendment

for this Part, and begins in this issue of the Illinois Register on page 1222.


21

DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Skilled Nursing and Intermediate Care Facilities Code


3) Section Numbers: Adopted Actions:

300.230 Amendment

300.650 Amendment

300.686 Amendment

300.1230 Amendment

300.1231 New Section




300.Appendix A New Section

300.Appendix B New Section

4) Statutory Authority: Nursing Home Care Act [210 ILCS 45]

5) Effective Date of Rules: January 8, 2021



8) A copy of the adopted rules, including any material incorporated by reference, is on file

in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 435; January 10, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: In response to First Notice comments,

lists of what constitutes skilled care and intermediate care were removed from

subsections 300.1230(b) and (c), respectively. As a result of negotiations between the

Department and stakeholders, subsection 300.1230(b)(2) was redrafted for the sake of

clarity during Second Notice. In subsection 300.1230(l)(1), "duty or duties" was changed

to "job title or titles" in response to a question from JCAR during Second Notice.


21



In Section 300.1232, a requirement to tie staffing waivers to violations was deleted in

response to First Notice comments.

In subsection 300.1234(a)(7), "unforeseen circumstances" and "six times" were defined

in response to First Notice comments. A new subsection (d), defining wages and benefits

and describing the calculation of penalties for staffing violations, was added to Section

300.1234 in response to First Notice Comments. Subsection (d) was revised during

Second Notice as a result of negotiations between the Department and stakeholders. A

new subsection (e), describing sanctions the Department may take against facilities for

non-compliance with a written demand for payment of fines, was added to Section

300.1234 in response to First Notice comments.

In addition, various typographical, grammatical, and form changes were made in

response to comments from JCAR.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the

agreements issued by JCAR? Yes

13) Will this rulemaking replace an emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: These adopted amendments implement

amendments to the Nursing Home Care Act (the Act) contained in PA 101-10. The

amendments provide for increased Department oversight, including increased penalties,

for facilities licensed under the Act and 77 Ill. Adm. Code 300 in obtaining informed

consent from residents prior to administering psychotropic drugs. PA 101-10 and this

rulemaking also provide for increased oversight and fines for violations of the minimum

staffing ratios in the Act, and for signage in facilities found in violation of the staffing

requirements.

These adopted amendments also implement PA 100-217, which provides for facilities to

apply for a waiver from minimum registered nurse staffing ratios under certain

conditions.

16) Information and questions regarding these adopted rules shall be directed to:

Elizabeth Paton

Acting Rules Coordinator


21



Illinois Department of Public Health

Division of Legal Services

535 W. Jefferson St., 5th Floor


217/782-2043

[email protected]

The full text of the Adopted Amendments begins on the next page:


21



TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER c: LONG-TERM CARE FACILITIES

PART 300

SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE

SUBPART A: GENERAL PROVISIONS

Section

300.110 General Requirements

300.120 Application for License

300.130 Licensee

300.140 Issuance of an Initial License for a New Facility

300.150 Issuance of an Initial License Due to a Change of Ownership

300.160 Issuance of a Renewal License

300.163 Alzheimer's Special Care Disclosure

300.165 Criteria for Adverse Licensure Actions

300.170 Denial of Initial License

300.175 Denial of Renewal of License

300.180 Revocation of License

300.190 Experimental Program Conflicting With Requirements

300.200 Inspections, Surveys, Evaluations and Consultation

300.210 Filing an Annual Attested Financial Statement

300.220 Information to Be Made Available to the Public By the Department

300.230 Information to Be Made Available to the Public byBy the Licensee

300.240 Municipal Licensing

300.250 Ownership Disclosure

300.260 Issuance of Conditional Licenses

300.270 Monitor and Receivership

300.271 Presentation of Findings

300.272 Determination to Issue a Notice of Violation or Administrative Warning

300.274 Determination of the Level of a Violation

300.276 Notice of Violation

300.277 Administrative Warning

300.278 Plans of Correction

300.280 Reports of Correction

300.282 Conditions for Assessment of Penalties

300.284 Calculation of Penalties (Repealed)


21



300.286 Notice of Penalty Assessment; Response by Facility

300.287 Consideration of Factors for Assessing Penalties

300.288 Reduction or Waiver of Penalties

300.290 Quarterly List of Violators (Repealed)

300.300 Alcoholism Treatment Programs In Long-Term Care Facilities

300.310 Department May Survey Facilities Formerly Licensed

300.315 Supported Congregate Living Arrangement Demonstration

300.320 Waivers

300.330 Definitions

300.340 Incorporated and Referenced Materials

SUBPART B: ADMINISTRATION

Section

300.510 Administrator

SUBPART C: POLICIES

Section

300.610 Resident Care Policies

300.615 Determination of Need Screening and Request for Resident Criminal History

Record Information

300.620 Admission, Retention and Discharge Policies

300.624 Criminal History Background Checks for Persons Who Were Residents on May

10, 2006 (Repealed)

300.625 Identified Offenders

300.626 Discharge Planning for Identified Offenders

300.627 Transfer of an Identified Offender

300.630 Contract Between Resident and Facility

300.640 Residents' Advisory Council

300.650 Personnel Policies

300.651 Whistleblower Protection

300.655 Initial Health Evaluation for Employees

300.660 Nursing Assistants

300.661 Health Care Worker Background Check

300.662 Resident Attendants

300.663 Registry of Certified Nursing Assistants

300.665 Student Interns

300.670 Disaster Preparedness


21



300.680 Restraints

300.682 Nonemergency Use of Physical Restraints

300.684 Emergency Use of Physical Restraints

300.686 Unnecessary, Psychotropic, and Antipsychotic MedicationsDrugs

300.690 Incidents and Accidents

300.695 Contacting Local Law Enforcement

300.696 Infection Control

SUBPART D: PERSONNEL

Section

300.810 General

300.820 Categories of Personnel

300.830 Consultation Services

300.840 Personnel Policies

SUBPART E: MEDICAL AND DENTAL CARE OF RESIDENTS

Section

300.1010 Medical Care Policies

300.1020 Communicable Disease Policies

300.1025 Tuberculin Skin Test Procedures

300.1030 Medical Emergencies

300.1035 Life-Sustaining Treatments

300.1040 Care and Treatment of Sexual Assault Survivors

300.1050 Dental Standards

300.1060 Vaccinations

SUBPART F: NURSING AND PERSONAL CARE

Section

300.1210 General Requirements for Nursing and Personal Care

300.1220 Supervision of Nursing Services

300.1230 Direct Care Staffing

300.1231 Calculation of Direct Care Staffing During Inspections, Surveys and Evaluations

300.1232 Waiver of Registered Professional Nurse Staffing Requirements

300.1233 Quarterly Administrative Staffing Compliance Review

300.1234 Penalties and Notice of Violation

300.1240 Additional Requirements


21



SUBPART G: RESIDENT CARE SERVICES

Section

300.1410 Activity Program

300.1420 Specialized Rehabilitation Services

300.1430 Work Programs

300.1440 Volunteer Program

300.1450 Language Assistance Services

SUBPART H: MEDICATIONS

Section

300.1610 Medication Policies and Procedures

300.1620 Compliance with Licensed Prescriber's Orders

300.1630 Administration of Medication

300.1640 Labeling and Storage of Medications

300.1650 Control of Medications

SUBPART I: RESIDENT AND FACILITY RECORDS

Section

300.1810 Resident Record Requirements

300.1820 Content of Medical Records

300.1830 Records Pertaining to Residents' Property

300.1840 Retention and Transfer of Resident Records

300.1850 Other Resident Record Requirements

300.1860 Staff Responsibility for Medical Records

300.1870 Retention of Facility Records

300.1880 Other Facility Record Requirements

SUBPART J: FOOD SERVICE

Section

300.2010 Director of Food Services

300.2020 Dietary Staff in Addition to Director of Food Services

300.2030 Hygiene of Dietary Staff

300.2040 Diet Orders

300.2050 Meal Planning


21



300.2060 Therapeutic Diets (Repealed)

300.2070 Scheduling Meals

300.2080 Menus and Food Records

300.2090 Food Preparation and Service

300.2100 Food Handling Sanitation

300.2110 Kitchen Equipment, Utensils, and Supplies

SUBPART K: MAINTENANCE, HOUSEKEEPING, AND LAUNDRY

Section

300.2210 Maintenance

300.2220 Housekeeping

300.2230 Laundry Services

SUBPART L: FURNISHINGS, EQUIPMENT, AND SUPPLIES

Section

300.2410 Furnishings

300.2420 Equipment and Supplies

300.2430 Sterilization of Equipment and Supplies

SUBPART M: WATER SUPPLY AND SEWAGE DISPOSAL

Section

300.2610 Codes

300.2620 Water Supply

300.2630 Sewage Disposal

300.2640 Plumbing

SUBPART N: DESIGN AND CONSTRUCTION STANDARDS

FOR NEW INTERMEDIATE CARE AND SKILLED NURSING FACILITIES

Section

300.2810 Applicability of these Standards

300.2820 Codes and Standards

300.2830 Preparation of Drawings and Specifications

300.2840 Site

300.2850 Administration and Public Areas

300.2860 Nursing Unit


21



300.2870 Dining, Living, Activities Rooms

300.2880 Therapy and Personal Care

300.2890 Service Departments

300.2900 General Building Requirements

300.2910 Structural

300.2920 Mechanical Systems

300.2930 Plumbing Systems

300.2940 Electrical Systems

SUBPART O: DESIGN AND CONSTRUCTION STANDARDS

FOR EXISTING INTERMEDIATE CARE AND SKILLED NURSING FACILITIES

Section

300.3010 Applicability


300.3030 Preparation of Drawings and Specifications

300.3040 Site

300.3050 Administration and Public Areas

300.3060 Nursing Unit

300.3070 Living, Dining, Activities Rooms

300.3080 Treatment and Personal Care

300.3090 Service Departments

300.3100 General Building Requirements

300.3110 Structural

300.3120 Mechanical Systems

300.3130 Plumbing Systems

300.3140 Electrical Requirements

SUBPART P: RESIDENT'S RIGHTS

Section

300.3210 General

300.3220 Medical Care

300.3230 Restraints (Repealed)

300.3240 Abuse and Neglect

300.3250 Communication and Visitation

300.3260 Resident's Funds

300.3270 Residents' Advisory Council

300.3280 Contract With Facility


21



300.3290 Private Right of Action

300.3300 Transfer or Discharge

300.3310 Complaint Procedures

300.3320 Confidentiality

300.3330 Facility Implementation

SUBPART Q: SPECIALIZED LIVING FACILITIES FOR THE MENTALLY ILL

Section

300.3410 Application of Other Sections of These Minimum Standards (Repealed)

300.3420 Administrator (Repealed)

300.3430 Policies (Repealed)

300.3440 Personnel (Repealed)

300.3450 Resident Living Services Medical and Dental Care (Repealed)

300.3460 Resident Services Program (Repealed)

300.3470 Psychological Services (Repealed)

300.3480 Social Services (Repealed)

300.3490 Recreational and Activities Services (Repealed)

300.3500 Individual Treatment Plan (Repealed)

300.3510 Health Services (Repealed)

300.3520 Medical Services (Repealed)

300.3530 Dental Services (Repealed)

300.3540 Optometric Services (Repealed)

300.3550 Audiometric Services (Repealed)

300.3560 Podiatric Services (Repealed)

300.3570 Occupational Therapy Services (Repealed)

300.3580 Nursing and Personal Care (Repealed)

300.3590 Resident Care Services (Repealed)

300.3600 Record Keeping (Repealed)

300.3610 Food Service (Repealed)

300.3620 Furnishings, Equipment and Supplies (New and Existing Facilities) (Repealed)

300.3630 Design and Construction Standards (New and Existing Facilities) (Repealed)

SUBPART R: DAYCARE PROGRAMS

Section

300.3710 Day Care in Long-Term Care Facilities

SUBPART S: PROVIDING SERVICES TO PERSONS WITH SERIOUS MENTAL ILLNESS


21



Section

300.4000 Applicability of Subpart S

300.4010 Comprehensive Assessments for Residents with Serious Mental Illness Residing

in Facilities Subject to Subpart S

300.4020 Reassessments for Residents with Serious Mental Illness Residing in Facilities

Subject to Subpart S

300.4030 Individualized Treatment Plan for Residents with Serious Mental Illness Residing

in Facilities Subject to Subpart S

300.4040 General Requirements for Facilities Subject to Subpart S

300.4050 Psychiatric Rehabilitation Services for Facilities Subject to Subpart S

300.4060 Discharge Plans for Residents with Serious Mental Illness Residing in Facilities


300.4070 Work Programs for Residents with Serious Mental Illness Residing in Facilities


300.4080 Community-Based Rehabilitation Programs for Residents with Serious Mental

Illness Residing in Facilities Subject to Subpart S

300.4090 Personnel for Providing Services to Persons with Serious Mental Illness for

Facilities Subject to Subpart S

SUBPART T: FACILITIES PARTICIPATING IN ILLINOIS DEPARTMENT OF

HEALTHCARE AND FAMILY SERVICES'

DEMONSTRATION PROGRAM FOR PROVIDING

SERVICES TO PERSONS WITH SERIOUS MENTAL ILLNESS

Section

300.6000 Applicability of Subpart T (Repealed)

300.6005 Quality Assessment and Improvement for Facilities Subject to Subpart T

(Repealed)

300.6010 Comprehensive Assessments for Residents of Facilities Subject to Subpart T

(Repealed)

300.6020 Reassessments for Residents of Facilities Subject to Subpart T (Repealed)

300.6030 Individualized Treatment Plan for Residents of Facilities Subject to Subpart T

(Repealed)

300.6040 General Requirements for Facilities Subject to Subpart T (Repealed)

300.6045 Serious Incidents and Accidents in Facilities Subject to Subpart T (Repealed)

300.6047 Medical Care Policies for Facilities Subject to Subpart T (Repealed)

300.6049 Emergency Use of Restraints for Facilities Subject to Subpart T (Repealed)

300.6050 Psychiatric Rehabilitation Services for Facilities Subject to Subpart T (Repealed)


21



300.6060 Discharge Plans for Residents of Facilities Subject to Subpart T (Repealed)

300.6070 Work Programs for Residents of Facilities Subject to Subpart T (Repealed)

300.6080 Community-Based Rehabilitation Programs for Residents of Facilities Subject to

Subpart T (Repealed)

300.6090 Personnel for Providing Services to Residents of Facilities Subject to Subpart T

(Repealed)

300.6095 Training and Continuing Education for Facilities Subject to Subpart T (Repealed)

SUBPART U: ALZHEIMER'S SPECIAL CARE UNIT OR CENTER PROVIDING

CARE TO PERSONS WITH ALZHEIMER'S DISEASE OR OTHER DEMENTIA

Section


300.7010 Admission Criteria

300.7020 Assessment and Care Planning

300.7030 Ability-Centered Care

300.7040 Activities

300.7050 Staffing

300.7060 Environment

300.7070 Quality Assessment and Improvement

300.7080 Variances to Enhance Residents' Quality of Life

300.APPENDIX A Example of Staffing Calculations from Section 300.1230Interpretation,

Components, and Illustrative Services for Intermediate Care Facilities and

Skilled Nursing Facilities (Repealed)

300.APPENDIX B Crosswalk of Nursing Home Care Act Job Descriptions and Payroll Based

Journal Job TitlesClassification of Distinct Part of a Facility for Different

Levels of Service (Repealed)

300.APPENDIX C Federal Requirements Regarding Patients'/Residents' Rights (Repealed)

300.APPENDIX D Forms for Day Care in Long-Term Care Facilities

300.APPENDIX E Criteria for Activity Directors Who Need Only Minimal Consultation

(Repealed)

300.APPENDIX F Guidelines for the Use of Various Drugs

300.APPENDIX G Facility Report

300.TABLE A Sound Transmission Limitations in New Skilled Nursing and Intermediate

Care Facilities

300.TABLE B Pressure Relationships and Ventilation Rates of Certain Areas for New

Intermediate Care Facilities and Skilled Nursing Facilities

300.TABLE C Construction Types and Sprinkler Requirements for Existing Skilled


21



Nursing Facilities/Intermediate Care Facilities

300.TABLE D Heat Index Table/Apparent Temperature

AUTHORITY: Implementing and authorized by the Nursing Home Care Act [210 ILCS 45].

SOURCE: Emergency rules adopted at 4 Ill. Reg. 10, p. 1066, effective March 1, 1980, for a

maximum of 150 days; adopted at 4 Ill. Reg. 30, p. 311, effective July 28, 1980; emergency

amendment at 6 Ill. Reg. 3229, effective March 8, 1982, for a maximum of 150 days; amended at

6 Ill. Reg. 5981, effective May 3, 1982; amended at 6 Ill. Reg. 6454, effective May 14, 1982;


September 14, 1982; amended at 6 Ill. Reg. 14550 and 14554, effective November 8, 1982;

amended at 6 Ill. Reg. 14684, effective November 15, 1982; amended at 7 Ill. Reg. 285, effective

December 22, 1982; amended at 7 Ill. Reg. 1972, effective January 28, 1983; amended at 7 Ill.

Reg. 8579, effective July 11, 1983; amended at 7 Ill. Reg. 15831, effective November 10, 1983;


effective December 14, 1983; amended at 8 Ill. Reg. 15599, 15603, and 15606, effective August

15, 1984; amended at 8 Ill. Reg. 15947, effective August 17, 1984; amended at 8 Ill. Reg. 16999,

effective September 5, 1984; codified at 8 Ill. Reg. 19766; amended at 8 Ill. Reg. 24186,

effective November 29, 1984; amended at 8 Ill. Reg. 24668, effective December 7, 1984;

amended at 8 Ill. Reg. 25102, effective December 14, 1984; amended at 9 Ill. Reg. 132, effective

December 26, 1984; amended at 9 Ill. Reg. 4087, effective March 15, 1985; amended at 9 Ill.

Reg. 11049, effective July 1, 1985; amended at 11 Ill. Reg. 16927, effective October 1, 1987;

amended at 12 Ill. Reg. 1052, effective December 24, 1987; amended at 12 Ill. Reg. 16811,

effective October 1, 1988; emergency amendment at 12 Ill. Reg. 18477, effective October 24,

1988, for a maximum of 150 days; emergency expired March 23, 1989; amended at 13 Ill. Reg.

4684, effective March 24, 1989; amended at 13 Ill. Reg. 5134, effective April 1, 1989; amended

at 13 Ill. Reg. 20089, effective December 1, 1989; amended at 14 Ill. Reg. 14950, effective

October 1, 1990; amended at 15 Ill. Reg. 554, effective January 1, 1991; amended at 16 Ill. Reg.

681, effective January 1, 1992; amended at 16 Ill. Reg. 5977, effective March 27, 1992; amended

at 16 Ill. Reg. 17089, effective November 3, 1992; emergency amendment at 17 Ill. Reg. 2420,

effective February 3, 1993, for a maximum of 150 days; emergency expired on July 3, 1993;

emergency amendment at 17 Ill. Reg. 8026, effective May 6, 1993, for a maximum of 150 days;

emergency expired on October 3, 1993; amended at 17 Ill. Reg. 15106, effective September 3,


effective October 26, 1993; amended at 17 Ill. Reg. 19604, effective November 4, 1993;


effective January 14, 1994; amended at 18 Ill. Reg. 15868, effective October 15, 1994; amended

at 19 Ill. Reg. 11600, effective July 29, 1995; emergency amendment at 20 Ill. Reg. 567,

effective January 1, 1996, for a maximum of 150 days; emergency expired May 29, 1996;


21




September 10, 1996; amended at 21 Ill. Reg. 15000, effective November 15, 1997; amended at

22 Ill. Reg. 4094, effective February 13, 1998; amended at 22 Ill. Reg. 7218, effective April 15,

1998; amended at 22 Ill. Reg. 16609, effective September 18, 1998; amended at 23 Ill. Reg.

1103, effective January 15, 1999; amended at 23 Ill. Reg. 8106, effective July 15, 1999;


effective April 1, 2001; amended at 26 Ill. Reg. 3113, effective February 15, 2002; amended at

26 Ill. Reg. 4846, effective April 1, 2002; amended at 26 Ill. Reg. 10523, effective July 1, 2002;

emergency amendment at 27 Ill. Reg. 2181, effective February 1, 2003, for a maximum of 150

days; emergency expired June 30, 2003; emergency amendment at 27 Ill. Reg. 5452, effective

March 25, 2003, for a maximum of 150 days; emergency expired August 21, 2003; amended at


August 15, 2003, for a maximum of 150 days; emergency expired January 11, 2004; amended at

27 Ill. Reg. 15855, effective September 25, 2003; amended at 27 Ill. Reg. 18105, effective

November 15, 2003; expedited correction at 28 Ill. Reg. 3528, effective November 15, 2003;


October 20, 2004; amended at 29 Ill. Reg. 876, effective December 22, 2004; emergency

amendment at 29 Ill. Reg. 11824, effective July 12, 2005, for a maximum of 150 days;

emergency rule modified in response to JCAR Recommendation at 29 Ill. Reg. 15101, effective

September 23, 2005, for the remainder of the maximum 150 days; emergency amendment

expired December 8, 2005; amended at 29 Ill. Reg. 12852, effective August 2, 2005; amended at

30 Ill. Reg. 1425, effective January 23, 2006; amended at 30 Ill. Reg. 5213, effective March 2,

2006; amended at 31 Ill. Reg. 6044, effective April 3, 2007; amended at 31 Ill. Reg. 8813,

effective June 6, 2007; amended at 33 Ill. Reg. 9356, effective June 17, 2009; amended at 34 Ill.

Reg. 19182, effective November 23, 2010; amended at 35 Ill. Reg. 3378, effective February 14,

2011; amended at 35 Ill. Reg. 11419, effective June 29, 2011; expedited correction at 35 Ill. Reg.

17468, effective June 29, 2011; amended at 36 Ill. Reg. 14090, effective August 30, 2012;

amended at 37 Ill. Reg. 2298, effective February 4, 2013; amended at 37 Ill. Reg. 4954, effective

March 29, 2013; amended at 38 Ill. Reg. 22851, effective November 21, 2014; amended at 39 Ill.

Reg. 5456, effective March 25, 2015; amended at 41 Ill. Reg. 14811, effective November 15,

2017; amended at 43 Ill. Reg. 3536, effective February 28, 2019; emergency amendment at 44

Ill. Reg. 8521, effective May 5, 2020, for a maximum of 150 days; emergency amendment to

emergency rule at 44 Ill. Reg. 16264, effective September 15, 2020, for the remainder of the 150

days; emergency rule as amended expired October 1, 2020; emergency amendment at 44 Ill.

Reg. 10217, effective May 28, 2020, for a maximum of 150 days; amended by emergency

amendment to emergency rule at 44 Ill. Reg. 12931, effective July 14, 2020, for the remainder of

the 150 days; emergency rule as amended repealed at 44 Ill. Reg. 17790, effective October 23,

2020; emergency amendment at 44 Ill. Reg. 16894, effective October 2, 2020, for a maximum of

150 days; emergency amendment at 44 Ill. Reg. 18462, effective October 23, 2020, for a


21



maximum of 150 days; emergency amendment at 44 Ill. Reg. 19551, effective December 2,

2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 393,

effective December 18, 2020, for the remainder of the 150 days; amended at 45 Ill. Reg. 1134,

effective January 8, 2021.


Section 300.230 Information to Be Made Available to the Public byBy the Licensee

a) Every facility shall conspicuously post foror display in an area of its offices

accessible to residents, employees, and visitors the following:

1) Its current license;

2) A description, provided by the Department of complaint procedures

established under the Act and the name, address, and telephone number of

a person authorized by the Department to receive complaints;

3) A copy of any order pertaining to the facility issued by the Department or

a court; and

4) A list of the material available for public inspection under subsection (b)

andsubsection (b) of this Section and Section 3-210 of the Act. (Section 3-

209 of the Act)

b) A facility shall retain the following for public inspection:

1) A complete copy of every inspection report of the facility received from the

Department during the past five years;

2) A copy of every order pertaining to the facility issued by the Department

or a court during the past five years;

3) A description of the services provided by the facility and the rates charged

for those services and items for which a resident may be separately

charged;

4) A copy of the statement of ownershipStatement of Ownership required by

Section 3-207 of the Act;


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5) A record of personnel employed or retained by the facility who are

licensed, certified or registered by the Department of Financial and

Professional Regulation; and

6) A complete copy of the most recent inspection report of the facility

received from the Department; and. (Section 3-210 of the Act)

7) A copy of the current Consumer Choice Information Report required by

Section 2-214 of the Act. (Section 3-210 of the Act)

c) A facility that has received a notice of violation for a violation of the minimum

staffing requirements under Section 3-202.05 of the Act and Section 300.1230 of

this Part shall display, during the period of time the facility is out of compliance, a

notice stating in Calibri (body) font and 26-point type in black letters on an 8.5 by

11 inch white paper the following:

"Notice Dated: ...................

This facility does not currently meet the minimum staffing ratios required by law.

Posted at the direction of the Illinois Department of Public Health."

1) The notice shall be posted, at a minimum, at all publicly used exterior

entryways into the facility, inside the main entrance lobby, and next to any

registration desk for easily accessible viewing. The notice shall also be

posted on the main page of the facility's website.

2) Pursuant to Section 300.1234(a)(5), the Department shall have the

discretion to determine the gravity of any violation and, taking into

account mitigating and aggravating circumstances and facts, may reduce

the requirement of, and amount of time for, posting the notice. (Section 3-

209 of the Act)

(Source: Amended at 45 Ill. Reg. 1134, effective January 8, 2021)

SUBPART C: POLICIES

Section 300.650 Personnel Policies

a) Each facility shall develop and maintain written personnel policies that are


21



followed in the operation of the facility. These policies shall include, at a

minimum, each of the following requirements of this Section.

b) Employee Records

1) Employment application forms shall be completed for each employee and

kept on file in the facility. Completed forms shall be available to

Department personnel for review.

2) Individual personnel files for each employee shall contain date of birth;

home address; educational background; experience, including types and

places of employment; date of employment and position employed to fill

in this facility; and (if no longer employed in this facility) last date

employed and reasons for leaving.

3) Individual personnel files for each employee shall also contain health

records, including the initial health evaluation and the results of the

tuberculin skin test required under Section 300.655, and any other

pertinent health records.

4) Individual personnel records for each employee shall also contain records

of evaluation of performance.

c) Prior to employing any individual in a position that requires a State license, the

facility shall contact the Illinois Department of Financial and Professional

Regulation to verify that the individual's license is active. A copy of the license

shall be placed in the individual's personnel file.

d) The facility shall check the status of all applicants with the Health Care Worker

Registry prior to hiring.

e) All personnel shall have either training or experience, or both, in the job assigned

to them.

f) Orientation and In-Service Training

1) All new employees, including student interns, shall complete an

orientation program covering, at a minimum, the following: general

facility and resident orientation; job orientation, emphasizing allowable


21



duties of the new employee; resident safety, including fire and disaster,

emergency care and basic resident safety; and understanding and

communicating with the type of residents being cared for in the facility.

In addition, all new direct care staff, including student interns, shall

complete an orientation program covering the facility's policies and

procedures for resident care services before being assigned to provide

direct care to residents. This orientation program shall include

information on the prevention and treatment of decubitus ulcers and the

importance of nutrition in general health care.

2) All employees, except student interns shall attend in-service training

programs pertaining to their assigned duties at least annually. These in-

service training programs shall include the facility's policies, skill training

and ongoing education to enable all personnel to perform their duties

effectively. The in-service training sessions regarding personal care,

nursing and restorative services shall include information on the

prevention and treatment of decubitus ulcers. In-service training

concerning dietary services shall include information on the effects of diet

in treatment of various diseases or medical conditions and the importance

of laboratory test results in determining therapeutic diets. Written records

of program content for each session and of personnel attending each

session shall be kept.

3) All facilities shall provide training and education on the requirements of

Section 2-106.1 of the Act and Section 300.686 of this Part to all personnel

involved in providing care to residents, and train and educate those

personnel on the methods and procedures to effectively implement the

facility's policies. Training and education provided under Section 2-106.1

of the Act and Section 300.686 shall be documented in each personnel file.

(Section 2-106.1(b-15) of the Act)

g) Employees shall be assigned duties that are directly related to their functions, as

identified in their job descriptions. Exceptions may be made in emergencies.

h) Personnel policies shall include a plan to provide personnel coverage for regular

staff when they are absent.

i) Every facility shall have a current, dated weekly employee time schedule posted

where employees may refer to it. This schedule shall contain the employee's


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name, job title, job duty (identifying the duty or duties listed in Section

300.1230(f)(1) through (10), if applicable), shift assignment, hours of work, and

days off. If an employee works in two different job duties during the same week,

specifically including those job duties listed in Section 300.1230(f), if applicable,

the facility shall separately state the hours of work for each job duty. The

schedule shall be kept on file in the facility for one year after the week for which

the schedule was used.

j) Time spent in scheduled breaks and scheduled in-service training when staff are

not providing direct care shall be documented.


Section 300.686 Unnecessary, Psychotropic, and Antipsychotic MedicationsDrugs

a) For the purposes of this Section, the following definitions shall apply:

1) "Adverse consequence" – unwanted, uncomfortable, or dangerous effects

that a medication may have, such as impairment or decline in an

individual's mental or physical condition or functional or psychosocial

status. It may include, but is not limited to, various types of adverse

medication reactions and interactions (e.g., medication-medication,

medication-food, and medication-disease).

2) "Antipsychotic medication" – a medication that is used to treat symptoms

of psychosis such as delusions, hearing voices, hallucinations, paranoia, or

confused thoughts. Antipsychotic medications are used in the treatment of

schizophrenia, severe depression, and severe anxiety. Older antipsychotic

medications tend to be called typical antipsychotics. Those developed

more recently are called atypical antipsychotics.

3) "Dose" – the total amount/strength/concentration of a medication given at

one time or over a period of time. The individual dose is the

amount/strength/concentration received at each administration. The

amount received over a 24-hour period may be referred to as the daily

dose.

4) "Duplicative therapy" – multiple medications of the same pharmacological

class or category or any medication therapy that substantially duplicates a


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particular effect of another medication that the individual is taking.

5) "Emergency" – has the same meaning as in Section 1-112 of the Act and

Section 300.330 of this Part. (Section 2-106.1(b) of the Act)

6) "Excessive dose" – the total amount of any medication (including

duplicative therapy) given at one time or over a period of time that is

greater than the amount recommended by the manufacturer's label,

package or insert, and the accepted standards of practice for a resident's

age and condition.

7) "Gradual dose reduction" – the stepwise tapering of a dose to determine if

symptoms, conditions or risks can be managed by a lower dose or if the

dose or medication can be discontinued.

8) "Informed consent" – documented, written permission for specific

medications, given freely, without coercion or deceit, by a capable

resident, or by a resident's surrogate decision maker, after the resident, or

the resident's surrogate decision maker, has been fully informed of, and

had an opportunity to consider, the nature of the medications, the likely

benefits and most common risks to the resident of receiving the

medications, any other likely and most common consequences of

receiving or not receiving the medications, and possible alternatives to the

proposed medications.

9) "Licensed nurse" – an advanced practice registered nurse or a registered

professional nurse, as defined in the Nurse Practice Act.

10) "Psychotropic medication" – medication that is used for or listed as used

for psychotropic, antidepressant, antimanic or antianxiety behavior

modification or behavior management purposes in the Prescribers Digital

Reference database, the Lexicomp-online database, or the American

Society of Health-System Pharmacists database. Psychotropic medication

also includes any medication listed in 42 CFR 483.45(c)(3).

11) "Surrogate decision maker" – an individual representing the resident's

interests in regard to consent to receive psychotropic medications, as

permitted by Section 2-106.1(b) of the Act and this Section. (Section 2-

106.1(b) of the Act)


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ba) A resident shall not be given unnecessary medicationsdrugs in accordance with

Section 300.Appendix F. AnIn addition, an unnecessary medicationdrug is any

drug used:

1) Inin an excessive dose, including in duplicative therapy;

2) Forfor excessive duration;

3) Withoutwithout adequate monitoring;

4) Withoutwithout adequate indications for its use; or

5) Inin the presence of adverse consequences that indicate the

medicationsdrugs should be reduced or discontinued. (Section 2-106.1(a)

of the Act); or

6) Any combination of the circumstances stated in subsections (b)(1) through

(5).

c) Residents shall not be given antipsychotic medications unless antipsychotic

medication therapy is ordered by a physician or an authorized prescribing

professional, as documented in the resident's comprehensive assessment, to treat a

specific symptom or suspected condition as diagnosed and documented in the

clinical record or to rule out the possibility of one of the conditions in accordance

with Appendix F.

d) Residents who use antipsychotic medications shall receive gradual dose

reductions and behavior interventions, unless clinically contraindicated, in an

effort to discontinue these medications in accordance with Appendix F. In

compliance with subsection 2-106.1(b) of the Act and this Section, the facility

shall obtain informed consent for each dose reduction.

eb) Except in the case of an emergency, psychotropicPsychotropic medication shall

not be administeredprescribed or administered without the informed consent of

the resident or, the resident's surrogate decision makerguardian, or other

authorized representative. (Section 2-106.1(b) of the Act) Additional informed

consent is not required for reductions in dosage level or deletion of a specific

medication, pursuant to subsection (f)(9). Informed consent is requiredThe


21



informed consent may provide for a medication administration program of

sequentially increased doses or a combination of medications to establish the

lowest effective dose that will achieve the desired therapeutic outcome, pursuant

to subsection (f)(9). The most common sideSide effects of the medications shall

be described. In an emergency, a facility shall:

1) Document the alleged emergency in detail, including the facts surrounding

the medication's need, pursuant to the requirements of Section 300.1820;

and

2) Present this documentation to the resident and the resident's

representative or other surrogate decision maker no later than 24 hours

after the administration of emergency psychotropic medication. (Section

2-106.1(b) of the Act)

c) Residents shall not be given antipsychotic drugs unless antipsychotic drug therapy

is necessary, as documented in the resident's comprehensive assessment, to treat a

specific or suspected condition as diagnosed and documented in the clinical

record or to rule out the possibility of one of the conditions in accordance with

Section 300.Appendix F.

d) Residents who use antipsychotic drugs shall receive gradual dose reductions and

behavior interventions, unless clinically contraindicated, in an effort to

discontinue these drugs in accordance with Section 300.Appendix F.

e) For the purposes of this Section:

1) "Duplicative drug therapy" means any drug therapy that duplicates a

particular drug effect on the resident without any demonstrative

therapeutic benefit. For example, any two or more drugs, whether from

the same drug category or not, that have a sedative effect.

2) "Psychotropic medication" means medication that is used for or listed as

used for antipsychotic, antidepressant, antimanic or antianxiety behavior

modification or behavior management purposes in the latest edition of the

AMA Drug Evaluations (Drug Evaluation Subscription, American Medical

Association, Vols. I-III, Summer 1993), United States Pharmacopoeia

Dispensing Information Volume I (USP DI) (United States

Pharmacopoeial Convention, Inc., 15th Edition, 1995), American Hospital


21



Formulary Service Drug Information 1995 (American Society of Health

Systems Pharmacists, 1995), or the Physician's Desk Reference (Medical

Economics Data Production Company, 49th Edition, 1995) or the United

States Food and Drug Administration approved package insert for the

psychotropic medication. (Section 2-106.1(b) of the Act)

3) "Antipsychotic drug" means a neuroleptic drug that is helpful in the

treatment of psychosis and has a capacity to ameliorate thought disorders.

f) Protocol for Securing Informed Consent for Psychotropic Medication

1) Except in the case of an emergency as described in subsection (e), no

resident shall be administered psychotropic medication prior to a

discussion between the resident or the resident's surrogate decision

maker, or both, and the resident's physician or a physician the resident

was referred to, a registered pharmacist who is not a dispensing

pharmacist for the facility where the resident lives, or a licensed nurse

about the most common possible risks and benefits of a recommended

medication and the use of standardized consent forms designated by the

Department. (Section 2-106.1(b) of the Act)

2) Prior to initiating any detailed discussion designed to secure informed

consent, a licensed health care professional shall inform the resident or the

resident's surrogate decision maker that the resident's physician has

prescribed a psychotropic medication for the resident, and that informed

consent is required from the resident or the resident's surrogate decision

maker before the resident may be given the medication.

3) The discussion shall include information about:

A) The name of the medication;

B) The condition or symptoms that the medication is intended to treat,

and how the medication is expected to treat those symptoms;

C) How the medication is intended to affect those symptoms;

D) Other common effects or side effects of the medication, and any

reasons (e.g., age, health status, other medications) that the resident


21



is more or less likely to experience side effects;

E) Dosage information, including how much medication would be

administered, how often, and the method of administration (e.g.,

orally or by injection; with, before, or after food);

F) Any tests and related procedures that are required for the safe and

effective administration of the medication;

G) Any food or activities the resident should avoid while taking the

medication;

H) Any possible alternatives to taking the medication that could

accomplish the same purpose; and

I) Any possible consequences to the resident of not taking the

medication.

4) Pursuant to Section 2-105 of the Act, the discussion designed to secure

informed consent shall be private, between the resident or the resident's

surrogate decision maker and the resident's physician, or a physician the

resident was referred to, or a registered pharmacist who is not a dispensing

pharmacist for the facility where the resident lives, or a licensed nurse.

5) In addition to the oral discussion, the resident or his or her surrogate

decision maker shall be given the information in subsection (f)(3) in

writing. The information shall be in plain language, understandable to the

resident or his or her surrogate decision maker. If the written information

is in a language not understood by the resident or his or her surrogate

decision maker, the facility, in compliance with the Language Assistance

Services Act and the Language Assistance Services Code, shall provide, at

no cost to the resident or the resident's surrogate decision maker, an

interpreter capable of communicating with the resident or his or her

surrogate decision maker and the authorized prescribing professional

conducting the discussion. The authorized prescribing professional shall

guide the resident through the written information. The written

information shall include a place for the resident or his or her surrogate

decision maker to give, or to refuse to give, informed consent. The written

information shall be placed in the resident's record. Informed consent is


21



not secured until the resident or surrogate decision maker has given

written informed consent. If the resident has dementia and the facility is

unable to contact the resident's surrogate decision maker, the facility shall

not administer psychotropic medication to the resident except in an

emergency as provided by subsection (e).

6) Informed consent shall be sought first from a resident, then from a

surrogate decision maker, in the following order or priority:

A) The resident's guardian of the person if one has been named by a

court of competent jurisdiction.

B) In the absence of a court-ordered guardian, informed consent shall

be sought from a health care agent under the Illinois Power of

Attorney Act [755 ILCS 45] who has authority to give consent.

C) If neither a court-ordered guardian of the person, nor a health

care agent under the Power of Attorney Act, is available, and the

attending physician determines that the resident lacks capacity to

make decisions, informed consent shall be sought from the

resident's attorney-in-fact designated under the Mental Health

Treatment Preference Declaration Act [755 ILCS 43], if

applicable, or the resident's representative. (Section 2-106.1(b) of

the Act)

7) Regardless of the availability of a surrogate decision maker, the resident

may be notified and present at any discussion required by this Section.

Upon request, the resident or the resident's surrogate decision maker shall

be given, at a minimum, written information about the medication and an

oral explanation of common side effects of the medication to facilitate the

resident in identifying the medication and in communicating the existence

of side effects to the direct care staff.

8) The facility shall inform the resident, surrogate decision maker, or both of

the existence of a copy of:

A) The resident's care plan;

B) The facility policies and procedures adopted in compliance with


21



Section 2-106.1(b-15) of the Act, and this Section; and

C) A notification that the most recent of the resident's care plans and

the facility's policies are available to the resident or surrogate

decision maker upon request.

9) The maximum possible period for informed consent shall be until:

A) A change in the prescription occurs, either as to type of

psychotropic medication or dosage; or

B) A resident's care plan changes in a way that affects the

prescription or dosage of the psychotropic medication. (Section 2-

106.1(b) of the Act).

10) A resident or his or her surrogate decision maker shall not be asked to

consent to the administration of a new psychotropic medication in a

dosage or frequency that exceeds the maximum recommended daily

dosage as found in the Prescribers Digital Reference database, the

Lexicomp-online database, or the American Society of Health-System

Pharmacists database unless the reason for exceeding the recommended

daily dosage is explained to the resident or his or her surrogate decision

maker by a licensed medical professional, and the reason for exceeding the

recommended daily dosage is justified by the prescribing professional in

the clinical record. The dosage and frequency shall be reviewed and re-

justified by the licensed prescriber on a weekly basis and reviewed by a

consulting pharmacist. The justification for exceeding the recommended

daily dosage shall be recorded in the resident's record and shall be

approved within seven calendar days after obtaining informed consent, in

writing, by the medical director of the facility.

11) Pursuant to Section 2-104(c) of the Act, the resident or the resident's

surrogate decision maker shall be informed, at the time of the discussion

required by subsection (f)(1), that his or her informed consent may be

withdrawn at any time, and that, even with informed consent, the resident

may refuse to take the medication.

12) The facility shall obtain informed consent using forms provided by the

Department on its official website, or on forms approved by the


21



Department, pursuant to Section 2-106.1(b) of the Act. The facility shall

document on the consent form whether the resident is capable of giving

informed consent for medication therapy, including for receiving

psychotropic medications. If the resident is not capable of giving informed

consent, the identity of the resident's surrogate decision maker shall be

placed in the resident's record.

13) No facility shall deny continued residency to a person on the basis of the

person's or resident's, or the person's or resident's surrogate decision

maker's, refusal of the administration of psychotropic medication, unless

the facility can demonstrate that the resident's refusal would place the

health and safety of the resident, the facility staff, other residents, or

visitors at risk. A facility that alleges that the resident's refusal to consent

to the administration of psychotropic medication will place the health and

safety of the resident, the facility staff, other residents, or visitors at risk

shall:

A) Document the alleged risk in detail, along with a description of all

nonpharmacological or alternative care options attempted and

why they were unsuccessful;

B) Present this documentation to the resident or the resident's

surrogate decision maker, to the Department, and to the Office of

the State Long Term Care Ombudsman; and

C) Inform the resident or his or her surrogate decision maker of his or

her right to appeal an involuntary transfer or discharge to the

Department as provided in the Act and this Part. (Section 2-

106.1(b-10) of the Act)

g) By April 10, 2021, all facilities shall implement written policies and procedures

for compliance with Section 2-106.1 of the Act and this Section. A facility's

failure to make available to the Department the documentation required under

this subsection is sufficient to demonstrate its intent to not comply with Section 2-

106.1 of the Act and this Section and shall be grounds for review by the

Department. (Section 2-106.1(b-15) of the Act)

h) Upon the receipt of a report of any violation of Section 2-106.1 of the Act and this

Section, the Department will investigate and, upon finding sufficient evidence of a


21



violation of Section 2-106.1 of the Act and this Section, may proceed with

disciplinary action against the licensee of the facility. In any administrative

disciplinary action under this subsection, the Department will have the discretion

to determine the gravity of the violation and, taking into account mitigating and

aggravating circumstances and facts, may adjust the disciplinary action

accordingly. (Section 2-106.1(b-20) of the Act)

i) A violation of informed consent that, for an individual resident, lasts for seven

days or more under this Section is, at a minimum, a Type "B" violation. A second

violation of informed consent within a year from a previous violation in the same

facility regardless of the duration of the second violation is, at a minimum, a Type

"B" violation. (Section 2-106.1(b-25) of the Act)

j) Any violation of Section 2-106.1 of the Act and this Section by a facility may be

enforced by an action brought by the Department in the name of the People of

Illinois for injunctive relief, civil penalties, or both injunctive relief and civil

penalties. The Department may initiate the action upon its own complaint or the

complaint of any other interested party. (Section 2-106.1(b-30) of the Act)

k) Any resident who has been administered a psychotropic medication in violation of

Section 2-106.1 of the Act and this Section may bring an action for injunctive

relief, civil damages, and costs and attorney's fees against any facility responsible

for the violation. (Section 2-106.1(b-35) of the Act)

l) An action under this Section shall be filed within two years after either the date of

discovery of the violation that gave rise to the claim or the last date of an instance

of a noncompliant administration of psychotropic medication to the resident,

whichever is later. (Section 2-106.1(b-40) of the Act)

m) A facility subject to action under Section 2-106.1 of the Act and this Section shall

be liable for damages of up to $500 for each day, after discovery of a violation,

that the facility violates the requirements of Section 2-106.1 of the Act and this

Section. (Section 2-106.1(b-45) of the Act)

n) The rights provided for in Section 2-106.1 of the Act and this Section are

cumulative to existing resident rights. No part of this Section shall be interpreted

as abridging, abrogating, or otherwise diminishing existing resident rights or

causes of action at law or equity. (Section 2-106.1(b-55) of the Act)


21



o) In addition to the penalties described in this Section and any other penalty

prescribed by law, a facility that is found to have violated Section 2-106.1 of the

Act and this Section, or the federal certification requirement that informed

consent be obtained before administering a psychotropic medication, shall

thereafter be required to obtain the signatures of two licensed health care

professionals on every form purporting to give informed consent for the

administration of a psychotropic medication, certifying the personal knowledge of

each health care professional that the consent was obtained in compliance with

the requirements of Section 2-106.1 of the Act and this Section. (Section 2-

106.1(b) of the Act)


SUBPART F: NURSING AND PERSONAL CARE

Section 300.1230 Direct Care Staffing

a) For purposes of the minimum staffing ratios in Section 3-202.05 of the Act and

this Section, all residents shall be classified as requiring either skilled care or

intermediate care. (Section 3-202.05(b-5) of the Act)

ba) For the purposes of this Section, the following definitions shall apply:

1) "Direct care" − is the provision of nursing care or personal care as defined

in Section 300.330, therapies, and care provided by staff listed in

subsection (if). Direct care staff are those individuals who, through

interpersonal contact with residents or resident care management, provide

care and services to allow residents to attain or maintain the highest

practicable physical, mental and psychosocial well-being. Direct care staff

does not include individuals whose primary duty is maintaining the

physical environment of the facility (e.g., housekeeping).

2) "Skilled care" – skilled nursing care, continuous skilled nursing

observations, restorative nursing, and other services under professional

direction with frequent medical supervision. (Section 3-202.05(b-5) of the

Act) Skilled nursing services are either nursing or therapy care services,

furnished pursuant to physician orders, that require the skills of a licensed

nurse to treat, manage, and observe a resident's condition and evaluate a

resident's care. The skilled nursing services may be provided by a CNA,


21



under the supervision of a licensed nurse to ensure the safety of the patient

and to achieve the medically desired result. A resident in a skilled nursing

facility is classified as receiving skilled care if:

A) The resident is receiving care covered by Medicare under any

arrangement allowed by Title XVIII of the Social Security Act;

B) The resident is receiving care that would be covered by Medicare,

but the resident has exhausted his or her Medicare benefits; or

C) The resident is not Medicare eligible, but is receiving care that

would be covered by Medicare if the resident were eligible.Skilled

care is skilled nursing care, continuous skilled nursing

observations, restorative nursing, and other services under

professional direction with frequent medical supervision.

3) "Intermediate care" – basic nursing care and other restorative services

under periodic medical direction. (Section 3-202.05(b-5) of the Act)

Services not classified as skilled care will be classified as intermediate

care.Intermediate care is basic nursing care and other restorative services

under periodic medical direction.

c) A minimum of 25% of nursing and personal care time shall be provided by

licensed nurses, with at least 10% of nursing and personal care time provided by

registered nurses. Registered nurses and licensed practical nurses employed by a

facility in excess of these requirements may be used to satisfy the remaining 75%

of the nursing and personal care time requirements. (Section 3-202.05(e) of the

Act)

d) The minimum staffing ratios shall be 3.8 hours of nursing and personal care each

day for a resident needing skilled care and 2.5 hours of nursing and personal

care each day for a resident needing intermediate care. (Section 3-202.05(d) of

the Act) For the purpose of this subsection, "nursing care" and "personal care"

mean direct care provided by staff listed in subsection (i).

e) The facility shall schedule nursing personnel so that the nursing needs of all

residents are met.

fb) The number of staff who provide direct care who are needed at any time in the


21



facility shall be based on the needs of the residents, and shall be determined by

figuring the number of hours of direct care each resident needs peron each shift of

the day.

c) If residents participate in regularly scheduled therapeutic programs outside the

facility, such as school or sheltered workshops, the minimum hours per day of

direct care staffing in the facility are reduced for the hours the residents are not in

the facility.

gd) Each facility shall provide minimum direct care staff by complying with

subsection (f) and meeting the minimum direct care staffing ratios set forth in this

Section.:

1) Determining the amount of direct care staffing needed to meet the needs

of its residents; and

2) Meeting the minimum direct care staffing ratios set forth in this Section.

he) The direct care staffing calculationsrequirements in this Section shall include only

apply to the number of staffpersons actually on duty on siteand not to the number

of persons scheduled to be on duty. The following shall not be included in direct

care staffing calculations:

1) Meal and break times (paid or unpaid);

2) Scheduled training; and

3) When a facility is utilized as a clinical site for nurse aide training, if the

facility is not paying the employee for the services provided.

if) For the purpose of computing staff to resident ratios, direct care staff shall

include the following:, as long as the person is assigned to duties consistent with

the identified job title and documented in employee time schedules as required by

Section 300.650(i):

1) Registered professionalregistered nurses;

2) Licensedlicensed practical nurses;


21



3) Certifiedcertified nurse assistants;

4) Psychiatricpsychiatric services rehabilitation aides (see Section

300.4090);

5) Rehabilitationrehabilitation and therapy aides;

6) Psychiatricpsychiatric services rehabilitation coordinators (see Section

300.4090);

7) Assistantassistant directors of nursing;

8) 50% of the Director of Nurses' time;

9) 30% of the Social Services Directors' time (Section 3-202.05 of the Act);

and

10) Licensedlicensed physical, occupational, speech and respiratory therapists.

jg) Facilities subject to Subpart S may utilize specialized clinical staff, as defined in

Section 300.4090(c) and (f), to count towards the staffing ratios. (Section 3-

202.05(a) of the Act)

h) Care Determinations

When differences of opinion occur between facility staff and Department

surveyors regarding the care an individual resident may require, the surveyor shall

determine whether the resident is receiving appropriate care. If the resident is

receiving appropriate care, the surveyor will accept the facility's determination of

the number of direct care hours the facility shall provide.

i) The facility shall schedule nursing personnel so that the nursing needs of all

residents are met.

j) Skilled Nursing and Intermediate Care

For the purpose of this subsection, "nursing care" and "personal care" mean direct

care provided by staff listed in subsection (f).

1) Effective July 1, 2010, for each resident needing skilled care, a minimum

staffing ratio of 2.5 hours of nursing and personal care each day must be


21



provided; for each resident needing intermediate care, 1.7 hours of

nursing and personal care each day must be provided.

2) Effective January 1, 2011, the minimum staffing ratios shall be increased

to 2.7 hours of nursing and personal care each day for a resident needing

skilled care and 1.9 hours of nursing and personal care each day for a

resident needing intermediate care.












resident needing intermediate care. (Section 3-202.05(d) of the Act)

k) Effective September 12, 2012, a minimum of 25% of nursing and personal care

time shall be provided by licensed nurses, with at least 10% of nursing and

personal care time provided by registered nurses. Registered nurses and licensed

practical nurses employed by a facility in excess of these requirements may be

used to satisfy the remaining 75% of the nursing and personal care time

requirements. (Section 3-202.05(e) of the Act)

k) To determine the direct care staffing required to meet daily minimum staffing

ratios for skilled care and intermediate care, the following staffing formula shall

be used:

1) Determine the number of residents requiring skilled care and the number

of residents requiring intermediate care.

2) Calculate the total daily required nursing and personal care hours for each

level of care:


21



A) The number of residents requiring skilled care shall be multiplied

by the required number of hours (3.8) per resident.

B) The number of residents requiring intermediate care shall be

multiplied by the required number of hours (2.5) per resident.

3) Add the total number of hours of direct care required for each level of care

to determine the total number of hours required to provide direct care for

all residents in the facility.

4) Multiplying the total minimum hours of direct care hours required for all

residents, determined under subsection (k)(3), by 25% results in the

minimum amount of licensed nurse hours that shall be provided during a

24-hour period.

5) Multiplying the total minimum hours of direct care time required for all

residents, determined under subsection (k)(3), by 10% results in the

minimum amount of registered nurse hours that shall be provided during a

24-hour period.

6) The remaining 75% of the minimum required direct care hours may also

be fulfilled by other staff identified in subsection (i) as long as it can be

documented that those staff provide direct care, and that nursing care and

nursing delegation is in accordance with the Nurse Practice Act.

7) The amount of time determined in subsections (k)(4), (5) and (6) is

expressed in hours.

8) See Appendix A for an example of staffing calculations.

l) A written work schedule shall be posted at least 10 days prior to the first day on

the schedule. The work schedule shall be posted in a location conspicuous and

accessible only to employees.

1) This work schedule shall contain the employee's name, job title,

(identifying the job title or titles listed in subsection (i), if applicable), shift

assignment, hours of work, and days off.


21



2) If an employee works in more than one job during the same week,

specifically including those job duties listed in subsection (i), if applicable,

the facility shall separately state the hours of work for each job duty.

3) The work schedule, whether a hard copy or in an electronic format, shall

be kept on file in the facility in the administrator's office for a minimum of

three years after the week for which the schedule was used.

m) Time spent in scheduled breaks and mealtimes, and scheduled training, when staff

are not providing direct care shall be documented.

n) A facility operating under a waiver from the minimum registered professional

nurse staffing requirements (see Section 300.1232) shall provide written

documentation of the waiver to the Department upon request.

l) To determine the numbers of direct care personnel needed to staff any facility, the

following procedures shall be used:

1) The facility shall determine the number of residents needing skilled or

intermediate care.

2) The number of residents in each category shall be multiplied by the overall

hours of direct care needed each day for each category.

3) Adding the hours of direct care needed for the residents in each category

will give the total hours of direct care needed by all residents in the

facility.

4) Multiplying the total minimum hours of direct care needed by 25% will

give the minimum amount of licensed nurse time that shall be provided

during a 24-hour period. Multiplying the total minimum hours of direct

care needed by 10% will give the minimum amount of registered nurse

time that shall be provided during a 24-hour period.

5) Additional Direct Care Hours Equal to at Least 75% of the Minimum

Required

The remaining 75% of the minimum required direct care hours may be

fulfilled by other staff identified in subsection (f) as long as it can be

documented that they provide direct care and as long as nursing care is


21



provided in accordance with the Nurse Practice Act.

6) The amount of time determined in subsections (l)(4) and (5) is expressed

in hours. Dividing the total number of hours needed by the number of

hours each person works per shift (usually 7.5 or 8 hours) will give the

number of persons needed to staff each shift. Calculations shall not

include time for scheduled breaks or scheduled in-service training. The

number of residents used to calculate staff ratios shall be based on the

facility's midnight census.

m) Example of Staffing Calculations

1) Following is an example of this computation assuming a l00-bed Skilled

Nursing Facility that has 25 residents needing skilled care and 75 residents

needing intermediate care, and assuming that the identified needs of the

residents have led the facility to assign 45% of the staff to the day shift;

35% to the evening shift and 20% to the night shift.

2) Under the subsection (j) requirements for January 1, 2014, staffing would

be computed as follows:

A) Total Minimum Hours of Care Needed

Level of

Care

# of

Residents

Total Hrs.

Needed/Day

Per Resident

Total Hrs.

Needed/Day

Per Facility

Skilled 25 [times] 3.8 = 95.0

Intermediate 75 [times] 2.5 = 187.5

Total hours needed 282.5

B) Minimum Total Hours Needed Per Shift

Shift

Total Hrs.

Per Day

Minimum

Percent

Total Hrs.

Needed

7-3 282.5 [times] 45% = 127.125


21



3-11 282.5 [times] 35% = 98.875

11-7 282.5 [times] 20% = 56.500

100% 282.500

C) Licensed Nurse Time Per Shift

Shift

Minimum Hrs.

Per Shift

Minimum

Percent

Minimum Lic.

Nurse Hrs.

Required

7-3 127.125 [times] 25% = 31.781

3-11 98.875 [times] 25% = 24.719

11-7 56.500 [times] 25% = 14.125

D) Licensed Nurses Required

Shift

Minimum

Nurse Hrs.

Required

Hrs. Worked

Per Shift

# of Lic.

Nurses

Needed

7-3 31.781 [divided by] 8 = 3.973

3-11 24.719 [divided by] 8 = 3.090

11-7 14.125 [divided by] 8 = 1.766

E) Registered Nurse Time

Shift

Minimum

Registered

Nurse Hrs.

Per Shift

Minimum

Percent

Minimum

Registered

Nurse Hrs.

Required

7-3 127.125 [times] 10% = 12.712

3-11 98.875 [times] 10% = 9.887

11-7 56.500 [times] 10% = 5.650

F) Registered Nurses Required

Shift

Minimum

Registered

Nurse Hrs.

Hrs. Worked

Per Shift

# of Registered

Nurses Needed


21



Required

7-3 12.712 [divided by] 8 = 1.589

3-11 9.887 [divided by] 8 = 1.236

11-7 5.650 [divided by] 8 = .706

G) Additional Direct Care Hours*

Shift

Minimum

Total Hrs.

Needed Per

Shift

Lic. Nurse

Time

Worked Per

Shift

# of

Additional

Direct Care

Staff Hrs.*

Needed

7-3 127.125 [minus] 31.781 = 95.344

3-11 98.875 [minus] 24.719 = 74.156

11-7 56.500 [minus] 14.125 = 42.375

H) Additional Direct Care Staff* Required

Shift

Minimum

Additional

Direct Care

Hrs.

Required

Hrs.

Worked Per

Shift

# of Additional

Direct Care

Staff* Needed

7-3 95.344 [divided by] 8 = 11.918

3-11 74.156 [divided by] 8 = 9.270

11-7 42.375 [divided by] 8 = 5.300

*See subsection (l)(5).


Section 300.1231 Calculation of Direct Care Staffing During Inspections, Surveys and

Evaluations

a) Calculation of direct care staffing during inspections, surveys and evaluations will

be based on the finalized working schedule and daily census report totals for the

two-week period preceding the first day of the inspection. The work schedule


21



shall be determined as outlined in Section 300.1230(k) and shall be provided upon

request.

b) For certified facilities, copies of nurse staffing information required by 42 CFR

483.35(g) for the two-week period preceding the first day of the inspection shall

be provided upon request.

(Source: Added at 45 Ill. Reg. 1134, effective January 8, 2021)

Section 300.1232 Waiver of Registered Professional Nurse Staffing Requirements

a) Upon application by a facility, the Director may grant or renew a waiver, in

whole or in part, of the registered professional nurse staffing requirements

contained in Section 3-202.05(e) of the Act and Section 300.1230(c) of this Part,

considering the criteria in Section 300.320, if the facility demonstrates to the

Director's satisfaction that the facility is unable, despite diligent efforts, including

offering wages at a competitive rate for registered professional nurses in the

community, to employ the required number of registered professional nurses and

that the waivers will not endanger the health or safety of residents of the facility.

b) A facility in compliance with the terms of a waiver granted under Section 3-

303.1(c) of the Act and this Section will not be subject to fines or penalties

imposed by the Department for violating the registered professional nurse staffing

requirements of Section 3-202.05(e) of the Act and Section 300.1230(c). Nothing

in the Act or this Section allows the Director to grant or renew a waiver of the

minimum registered professional nurse staffing requirements provided in 42 CFR

483.35(b) to a facility that is Medicare-certified or to a facility that is both

Medicare-certified and Medicaid-certified.

c) Waivers granted under the Act and this Section will be reviewed quarterly by the

Department, including requiring a demonstration by the facility that it has

continued to make diligent efforts to employ the required number of registered

professional nurses, and shall be revoked for noncompliance with any of the

following requirements:

1) For periods in which the number of registered professional nurses

required by law is not in the facility, a physician or registered

professional nurse shall respond immediately to a telephone call from the

facility.


21



2) The facility to notify the following of the waiver: the Office of the State

Long Term Care Ombudsman, the residents of the facility, the residents'

guardians, and the residents' representatives. (Section 3-303.1(c) of the

Act)

d) A copy of each waiver application and each waiver granted or renewed by the

Department will be on file with the Department and available for public

inspection. The Director will annually review the file and recommend to the

Long-Term Care Facility Advisory Board any modification in this Part suggested

by the number and nature of waivers requested and granted and the difficulties

faced in compliance by similarly situated facilities. (Section 3-303.1(d) of the

Act)

e) If the Department grants a waiver to a facility under this Section, the facility shall

immediately notify the following of the waiver:

1) The Office of the State Long Term Care Ombudsman;

2) The residents of the facility;

3) The residents' guardians;

4) The residents' representatives (Section 3-303.1(c)(2) of the Act);

5) Individuals seeking information from the facility prior to admission to the

facility; and

6) The Illinois Department of Healthcare and Family Services Bureau of

Long-Term Care.

f) A request for a waiver from the registered professional nurse staffing

requirements shall be made in writing to the Department, specifying the

following:

1) A detailed explanation of why the facility is unable, despite diligent

efforts, including offering wages at a competitive rate for registered

professional nurses in the community, to employ the required number of

registered professional nurses (Section 3-303.1(c) of the Act);


21



2) A detailed description of the programs or services offered by the facility

for which the waiver is requested;

3) A detailed explanation of why the waiver will not endanger the health or

safety of residents of the facility (Section 3-303.1(c) of the Act);

4) The number of residents in the facility and the level of care they require,

the location and number of ambulatory and non-ambulatory residents, and

residents' decision making capacity; and

5) The time period for which the waiver is requested.

g) The Department may revoke a waiver granted to a facility if the facility fails to

comply with any of the requirements in the Act and this Section.

h) A facility operating under an initial license shall not be eligible for a waiver of

registered professional nurse staffing requirements.

i) A facility that has been subject to any of the following actions by the Department

in the three years prior to application shall not be eligible for a waiver of

registered professional nurse staffing requirements:

1) Issuance of one or more Type "AA" violations if operated by the same

owner at the time of the waiver application;

2) Issuance of two or more Type "A" violations if operated by the same

owner at the time of the waiver application; or

3) Issuance of two consecutive annual or bi-annual certification surveys with

substantiated substandard quality of care deficiencies.

j) No waiver shall exceed the duration of the current license or, in the case of an

application for license renewal, the duration of the renewal period. (Section 3-

303.1(a) of the Act) For facilities with two-year licenses, no waiver shall be

granted for a period that exceeds one year. Waivers shall not be transferable.

k) The Department will post on its website a list of facilities with approved waivers

by no later than June 30 of each year.


21




Section 300.1233 Quarterly Administrative Staffing Compliance Review

a) The Department will determine compliance quarterly by comparing the number of

hours provided per resident per day using the Centers for Medicare and Medicaid

Services' payroll-based journal (PBJ) and the facility's daily census. (Section 3-

202.05(f) of the Act) PBJ data that is utilized for compliance shall not be

contested. For a crosswalk of job titles from Section 300.1230(i) versus PBJ job

titles, see Appendix B.

b) The quarterly deadlines for submitting PBJ data to the Department are as follows:

1) For the first fiscal quarter reporting period of October 1 through December

31, quarterly PBJ data is due to the Department on March 1.

2) For the second fiscal quarter reporting period of January 1 through March

31, quarterly PBJ data is due to the Department on June 1.

3) For the third fiscal quarter reporting period of April 1 through June 30,

quarterly PBJ data is due to the Department on September 1.

4) For the fourth fiscal quarter reporting period of July 1 through September

30, quarterly PBJ data is due to the Department on December 1.

c) Licensed-only facilities are not required to submit PBJ data to the Department but

shall submit quarterly staffing data to the Department in a format and manner

determined by the Department, adhering to the same deadlines as in subsection

(b).

d) The facility's daily census report shall be broken down by intermediate and skilled

care. (Section 3-202.05(f) of the Act) Required information for each day listed

on the report is as follows:

1) The date;

2) The total number of residents requiring skilled care for the date;


21



3) The total number of residents requiring intermediate care for the date; and

4) The total census for the date.

e) Facilities shall submit to [email protected] a separate daily

census report for each day of the month of the quarter, adhering to the same

deadlines as in subsection (b).

f) Failure to submit a required daily census report by the submission deadline shall

result in calculations based on skilled care direct care staffing requirements for

any of the missing information.


Section 300.1234 Penalties and Notice of Violation

a) Notwithstanding any other provision of the Act or this Part, the Department will

impose penalties for violations of the minimum staffing requirements of the Act

and Section 300.1230, as follows:

1) No monetary penalty will be issued for noncompliance during the

implementation period, which will be July 1, 2020 through September 30,

2020. If a facility is found to be noncompliant during the implementation

period, the Department will provide a written notice identifying the

staffing deficiencies. The facility shall provide a sufficiently detailed

correction plan to meet the statutory minimum staffing levels.

2) Monetary penalties will be imposed by the Department beginning no later

than January 1, 2021, and quarterly thereafter, and shall be based on the

latest quarter for which the Department has data.

3) Monetary penalties shall be established based on a formula that

calculates, on a daily basis, the cost of wages and benefits for the missing

staffing hours. All notices of noncompliance issued by the Department

will include the computations used to determine noncompliance and

establishing the variance between minimum staffing ratios and the

Department's computations.


21



4) The penalty for the first offense shall be 125% of the cost of wages and

benefits for the missing staffing hours. The penalty will increase to 150%

of the cost of wages and benefits for the missing staffing hours for the

second offense and 200% of the cost of wages and benefits for the missing

staffing hours for the third and all subsequent offenses.

5) The penalty shall be imposed regardless of whether the facility has

committed other violations of the Act and this Part during the same period

that the staffing offense occurred.

6) The penalty may not be waived, but the Department may determine the

gravity of the violation in situations in which there is no more than a 10%

deviation from the staffing requirements and make appropriate

adjustments to the penalty.

A) A facility shall have 30 days from the receipt of the notice of

violation to request an adjustment to the penalty pursuant to this

subsection (a)(6).

B) This subsection does not apply to deviations due to a waiver

granted under Section 300.1232.

7) The Department may waive the penalty when unforeseen circumstances

have occurred that resulted in call-offs of scheduled staff. This provision

will be applied no more than 6 times per quarter. (Section 3-202.05(g) of

the Act) A facility shall have 30 days from the receipt of the notice of

violation to request a waiver of the penalty pursuant to this subsection

(a)(7). If the Department declines to waive the penalty, it will inform the

facility of the reasons why. For the purposes of this Section:

A) An unforeseen circumstance includes, but is not limited to, a

disaster as defined in Section 300.670(a), labor unrest, civil unrest,

a viral epidemic or pandemic, family emergency, or any cause

beyond the reasonable control of the facility.

B) "Six Times" means 6 unforeseen circumstances. If an unforeseen

circumstance occurs, the facility shall document the type of

unforeseen circumstance, the beginning and end dates of the

unforeseen circumstance, and how many scheduled staff called off


21



during the unforeseen circumstance. The facility shall submit the

report to the Department within 24 hours after the end of the

unforeseen circumstance. If the unforeseen circumstance is a viral

epidemic or pandemic, the facility shall submit regular reports to

the Department pursuant to Section 300.696.

b) Nothing in the Act or this Section diminishes a facility's right to appeal a

Department finding of non-compliance with the minimum staffing requirements

of Section 300.1230. (Section 3-202.05(g) of the Act) A facility shall have 30

days from the receipt of the notice of violation to file an appeal on a Department

finding of non-compliance.

c) The Department will notify the facility of non-compliance with the minimum

staffing requirements within 30 days after the latest quarter for which the

Department has complete staffing data. The notice shall contain, at a minimum:

1) The year and quarter the staffing shortfall occurred;

2) A summary breakdown of the total penalty showing results of calculations

made pursuant to subsection (d);

3) Citations to the Act and this Part relative to the violation;

4) The total amount of the fine, if any, the date by which payment is due to

be paid, and accepted forms of payment;

5) An explanation of consequences for nonpayment, incomplete payment, or

late payment (see subsection (e));

6) A statement of the facility's right to file an appeal of the violation, to

request an adjustment of the penalty when there is no more than a 10%

deviation from the staffing requirements, or request a waiver of the

penalty for an unforeseen circumstance; and

7) The process for filing an appeal or requesting an adjustment or a waiver of

the penalty.

d) The Department will use the following procedures to determine penalties for

facilities that fail to meet minimum direct care staffing ratios:


21



1) The Department will calculate penalties for unmet direct care staffing

hours using the most current median hourly wage data reported by U.S.

Department of Labor Bureau of Labor Statistics (BLS) in the BLS'

Occupational Employment Statistics' metropolitan and nonmetropolitan

Area Occupational Employment and Wage Estimates for the State of

Illinois, which is published at https://www.bls.gov/oes/current/

oessrcma.htm.

A) The hourly wage for unmet registered professional nurse hours will

be determined by the most current median hourly wage available

for RNs (defined as "registered nurses" with the BLS occupational

code 29-1141) in the metropolitan area in which the nursing

facility is located.

B) The hourly wage for unmet licensed practical nurse hours will be

determined by the most recent median hourly wage available for

LPNs (defined as "licensed practical and licensed vocational

nurses" with the BLS occupational code 29-2061) in the

metropolitan area in which the nursing facility is located.

C) The hourly wage for unmet hours of direct care staff who are not

registered nurses or licensed practical nurses will be determined by

the most recent median hourly wage available for CNAs (defined

as "nursing assistants" with the BLS occupational code 31-1014) in

the metropolitan area in which the nursing facility is located.

2) The Department will use the following formulas to determine the wage

cost for each day's unmet direct care staffing hours when a staffing-hours

shortfall is greater than zero. For the purposes of this Section, "median

wage" refers to the BLS wage rate for the metropolitan or non-

metropolitan area in which the facility is located.

A) The cost of RN hours shortfall = the RN hours shortfall x the

median RN wage.

B) The cost of LPN hours shortfall = the LPN hours shortfall x the

median LPN wage.


21



C) The cost of direct care hours shortfall = the direct care hours

shortfall x the median CNA wage.

3) The Department will use the following procedures to add the cost of

benefits to the cost of hourly wages identified in subsection (d)(2):

A) The Department will use a multiplier of 120% of the hourly wage

that would have been paid for each hour of deficiency in skilled,

intermediate or direct care. When calculating, under this subsection

(d)(3), the combined wage and benefit value basis to determine a

penalty for each violation, the wage per hour values shall be

determined by the most recent cost reports filed with the

Department of Healthcare and Family Services by facilities

licensed under the Nursing Home Care Act.

B) The Department will calculate the total compensation costs

(employee wages and benefits) of unmet direct care staffing hours

using the following formula, which applies a multiplier based on

the percentage identified in subsection (d)(3)(A) to the total direct

care staffing hour shortfalls identified in subsections (d)(2)(A),

(B), and (C):

Total Compensation Cost of Unmet Direct Care Staffing

Hours = (1.0 + (the Cost of Benefits Per Hour Worked/the

Cost of Wages Per Hour Worked)) X (Cost of RN Hours

Shortfall + Cost of LPN Hours Shortfall + Cost of Direct

Care Hours Shortfall)

4) The total penalty amount will be calculated based on the total

compensation cost of unmet direct care staffing hours calculated in

subsection (d)(3)(B), as follows:

A) If the violation is the facility's first violation for unmet direct care

staffing hours, the Total Compensation Cost for Unmet Direct Care

Staffing Hours will be multiplied by 125%.

B) If the violation is the facility's second violation for unmet direct

care staffing hours, the Total Compensation Cost for Unmet Direct

Care Staffing Hours will be multiplied by 150%.


21



C) If the violation is the facility's third violation or any violation

beyond the third, the Total Compensation Cost for Unmet Direct

Care Staffing Hours will be multiplied by 200%.

D) Any shortfall of hours within a quarter, regardless of whether the

shortfall is in all or only one direct care staff category, constitutes

one violation.

e) If the person or facility against whom a penalty has been assessed does not

comply with a written demand for payment within 30 days after receiving a notice

of violation, the Department will issue an order to do any of the following:

1) Direct the State Treasurer or Comptroller to deduct the amount of the fine

from amounts otherwise due from the State for the penalty and remit that

amount to the Department;

2) Add the amount of the penalty to the facility's licensing fee. If the licensee

refuses to make the payment at the time of application for renewal of its

license, the license shall not be renewed; or

3) Bring an action in circuit court to recover the amount of the penalty.

(Section 3-310 of the Act)



21



Section 300.APPENDIX A Example of Staffing Calculations from Section

300.1230Interpretation, Components, and Illustrative Services for Intermediate Care

Facilities and Skilled Nursing Facilities: (Repealed)

A. Following is an example of staffing calculations assuming a 100-bed Skilled Nursing

Facility that has 25 residents needing skilled care and 75 residents needing intermediate

care.

Under Section 300.1230(d) requirements, staffing would be computed as follows:

1. Total Minimum Hours of Care Needed

Level of

Care

# of

Residents

Total Hrs.

Needed Per

Day Per

Resident

Total Hrs.

Needed Per

Day Per

Facility

Skilled 25 [times] 3.8 = 95.0

Intermediate 75 [times] 2.5 = 187.5

Total Hours Needed 282.5

2. Licensed Practical Nurse (LPN) Hours Required

Level of

Care

Total Hrs.

Needed Per

Day Per

Facility

Minimum

Percent

Minimum

LPN Hrs.

Required

Skilled 95.0 [times] 25% = 23.75

Intermediate 187.5 [times] 25% = 46.875

Total LPN Hours Needed 70.625

3. Registered Professional Nurse (RN) Hours Required


21



Level of

Care

Total Hrs.

Needed Per

Day Per

Facility

Minimum

Percent

Minimum

RN Hrs.

Required

Skilled 95.0 [times] 10% = 9.5

Intermediate 187.5 [times] 10% = 18.75

Total RN Hours Needed 28.25

4. Additional Direct Care Hours*

Level of

Care

Total Hrs.

Needed Per

Day Per

Facility

Licensed

Nurse

Hours

# of Additional

Direct Care

Staff Hrs.*

Needed

Per Day

Skilled 95.0 [minus] 23.75 = 71.25

Intermediate 187.5 [minus] 46.875 = 140.625

Additional Direct Care Hours Needed 211.875

*See Section 300.1230(k).

(Source: Former Appendix A repealed at 23 Ill. Reg. 8106, effective July 15, 1999; new

Appendix A added at 45 Ill. Reg. 1134, effective January 8, 2021)


21



Section 300.APPENDIX B Crosswalk of Nursing Home Care Act Job Descriptions and

Payroll Based Journal Job TitlesClassification of Distinct Part of a Facility for Different

Levels of Service (Repealed)

Nursing Staff

Illinois Category

Section 300.1230(i)

PBJ Job Title Code PBJ Job Description

Section 300.1230(i)(1)

Registered Nurses

Section 300.1230(i)(7)

Assistant Directors of

Nursing (DON) and

(i)(8) 50% DON

Job Titles 5, 7, 13 and 14 Registered Nurse

Registered Nurse, DON

Nurse Practitioner

Clinical Nurse Specialist

Section 300.1230(i)(2)

Licensed Practical Nurse

Job Title 9 Licensed Practical/Vocational

Nurse

Section 300.1230(i)(3)

Certified Nurse Assistants

Job Titles 10, 11 and 12 Certified Nurse Aide

Nurse Aide in Training

Medication Aide/Technician

Non-Nurse Direct Care Staff

Illinois Category

Section 300.1230(i)

PBJ Job Title Code PBJ Job Description

Section 300.1230(i)(4)

Psychiatric Services

Rehabilitation Aide

Section 300.1230(i)(6)

Psychiatric Services

Rehabilitation Coordinator

Job Title 34 Mental Health Service

Worker

Section 300.1230(i)(5)

Rehabilitation and Therapy

Aides

Job Titles 19, 20, 22, 23, 25

and 29

Occupational Therapy

Assistant

Occupational Therapy Aide

Physical Therapy Assistant

Physical Therapy Aide

Respiratory Therapy

Technician

Other Activities Staff

Section 300.1230(i)(9)

30% of Social Services

Job Titles 28 and 30 Qualified Activities

Professional


21



Director Qualified Social Worker

Section 300.1230(i)(10)

Licensed Physical,

Occupational, Speech, and

Respiratory Therapists

Job Titles 18, 21, 24, 26 Occupational Therapist

Physical Therapy Therapist

Respiratory Therapist

Speech/Language Pathologist

(Source: Former Appendix B repealed at 16 Ill. Reg. 17089, effective November 3,

1992; new Appendix B added at 45 Ill. Reg. 1134, effective January 8, 2021)


21


NOTICE OF EMERGENCY AMENDMENT

1) Heading of the Part: Illinois Credit Union Act


3) Section Number: Emergency Action:

190.230 New Section

4) Statutory Authority: Implementing and authorized by the Illinois Credit Union Act [205

ILCS 305].

5) Effective Date of Rule: January 8, 2021

6) If this emergency rule is to expire before the end of the 150-day period, please specify the

date on which it is to expire: The Department has not set a date for the emergency to

expire before the end of the 150-day period.

7) Date Filed with Index Department: January 8, 2021

8) A copy of the emergency rule, including any material incorporated by reference, is on file

in the Division of Financial and Professional Regulation's principal office of the Division

of Professional Regulation and is available for public inspection.

9) Reason for Emergency: The Department finds that the COVID-19 pandemic reasonably

constitutes a threat to the public interest, safety, or welfare and that members physically

attending meetings poses risks to public health. Remote meetings promote social

distancing and reduce the risk of virus transmission. The amendment is also consistent

with flexibility provided by the National Credit Union Association due to the COVID-19

pandemic.

10) A Complete Description of the Subjects and Issues Involved: The amendment permits

the Board of Directors of Credit Unions to provide by resolution that all members may

attend, participate in, act, and vote at the annual meeting or special meeting of the

members through audio or video conference or other communication technology that

enables meeting participants to communicate with each other. The rule provides that

attendance through such means shall constitute in person attendance. Permitting remote

meeting eliminates unnecessary travel and will likely lead to greater member

participation. The Board of Directors is in the best position to determine whether remote

meetings are appropriate for a specific credit union. Remote meetings are commonly

permitted in other contexts (e.g. shareholder meetings) under Illinois law. This


21



amendment also modernizes the Act by removing ambiguity regarding the permissibility

of remote meetings.

The language is materially consistent with language in many other Illinois laws including

the General Not For Profit Corporation Act of 1986 and the Business Incorporation Act

of 1983.


12) Statement of Statewide Policy Objective: This rulemaking will not require a local

government to establish, expand or modify its activities in such a way as to necessitate

additional expenditures from local revenues.

13) Information and questions regarding this emergency rule shall be directed to: Persons

who wish to comment on this emergency rule may submit written comments no later than

45 days after the publication of this Notice to:

Department of Financial and Professional Regulation

Attention: Craig Cellini

320 West Washington, 2nd Floor


217/785-0813

fax: 217/557-445

The full text of the Emergency Amendment begins on the next page:


21



TITLE 38: FINANCIAL INSTITUTIONS

CHAPTER I: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

PART 190

ILLINOIS CREDIT UNION ACT


Section

190.2 Definitions

190.5 Credit Union Service Organizations

190.10 Field of Membership Procedures

190.15 Civil Penalty

190.20 Hearings

190.25 Regulatory Examination Consistency and Due Process

190.30 Cease and Desist Procedures

190.40 Removal or Suspension Procedures

190.50 Fees

190.60 General Accounting Procedures

190.70 Loan Loss Accounting Procedures

190.80 Use of Electronic Data Processing

190.90 Fixed Asset Investments

190.100 Classes of Share and Special Purpose Share Accounts

190.110 Share Drafts

190.120 Bond and Insurance Requirements

190.130 Verification of Share and Loan Accounts

190.140 Real Estate Lending

190.150 Reverse Mortgage (Repealed)

190.160 Lending Limits – Consumer Loans

190.165 Business Loans

190.170 Group Purchasing

190.180 Investments

190.185 Investment in "Other Financial Institutions"

190.190 Liquidation

190.200 Conversion of Charter

190.210 Reimbursement for Financial Records

190.220 Registration of Out of State Credit Unions

190.230 Remote Meetings

EMERGENCY


21



SUBPART B: HIGH RISK HOME LOANS

Section

190.500 Definitions (Repealed)

190.505 Applicability of Rule (Repealed)

190.510 Good Faith Requirements (Repealed)

190.515 Fraudulent or Deceptive Practices (Repealed)

190.520 Prohibited Refinances (Repealed)

190.525 Negative Amortization (Repealed)

190.530 Negative Equity (Repealed)

190.535 Balloon Payments (Repealed)

190.540 Financing of Certain Points and Fees (Repealed)

190.545 Financing of Single Premium Insurance Products (Repealed)

190.550 Lending Without Due Regard to Ability to Repay (Repealed)

190.555 Verification of Ability to Repay (Repealed)

190.560 Payments to Contractors (Repealed)

190.565 Counseling Prior to Perfecting Foreclosure (Repealed)

190.570 Mortgage Awareness Program (Repealed)

190.575 Offer of Mortgage Awareness Program (Repealed)

190.580 Third Party Review (Repealed)

SUBPART C: PAYDAY LOANS

Section

190.600 Definitions

190.601 Purpose and Scope

190.605 Applicability of Rule

190.610 Issuance of Payday Loans by Credit Unions

190.APPENDIX A Estimated Monthly Income and Expenses Worksheet (Repealed)

190.APPENDIX B Mortgage Ratio Worksheet (Repealed)

AUTHORITY: Implementing and authorized by the Illinois Credit Union Act [205 ILCS 305].

SOURCE: Adopted at 4 Ill. Reg. 20, p. 17, effective May 7, 1980; amended at 6 Ill. Reg. 11154,

effective September 7, 1982; amended and codified at 7 Ill. Reg. 14973, effective October 26,

1983; emergency amendment at 9 Ill. Reg. 14378, effective September 11, 1985, for a maximum

of 150 days; amended at 9 Ill. Reg. 16231, effective October 10, 1985; amended at 10 Ill. Reg.


21



14667, effective August 27, 1986; amended at 12 Ill. Reg. 10464, effective June 7, 1988;


effective March 10, 1989; amended at 13 Ill. Reg. 15998, effective October 2, 1989; emergency

amendment at 16 Ill. Reg. 12781, effective July 29, 1992, for a maximum of 150 days; amended

at 16 Ill. Reg. 17073, effective October 26, 1992; amended at 19 Ill. Reg. 2826, effective

February 24, 1995; amended at 20 Ill. Reg. 5803, effective April 8, 1996; emergency amendment

at 20 Ill. Reg. 13093, effective September 27, 1996, for a maximum of 150 days; emergency

expired February 17, 1997; amended at 22 Ill. Reg. 17317, effective September 15, 1998;

emergency amendment at 23 Ill. Reg. 3086, effective February 23, 1999, for a maximum of 150

days; emergency expired July 22, 1999; amended at 23 Ill. Reg. 12614, effective October 4,

1999; amended at 23 Ill. Reg. 14031, effective November 12, 1999; amended at 25 Ill. Reg.

6244, effective May 17, 2001; amended at 25 Ill. Reg. 13278, effective October 19, 2001;

amended at 26 Ill. Reg. 17999, effective December 9, 2002; amended at 28 Ill. Reg. 11699,

effective July 29, 2004; amended at 29 Ill. Reg. 10579, effective July 8, 2005; amended at 30 Ill.

Reg. 18919, effective December 4, 2006; amended at 32 Ill. Reg. 1377, effective January 16,

2008; amended at 34 Ill. Reg. 10500, effective July 12, 2010; amended at 37 Ill. Reg. 12450,

effective July 16, 2013; amended at 38 Ill. Reg. 19910, effective October 17, 2014; amended at

41 Ill. Reg. 4764, effective May 1, 2017; amended at 41 Ill. Reg. 11307, effective August 28,


effective November 13, 2020; emergency amendment at 45 Ill. Reg. 1186, effective January 8,

2021, for a maximum of 150 days.


Section 190.230 Remote Meetings

EMERGENCY

Unless expressly prohibited by the articles of incorporation or bylaws and subject to

requirements of the Illinois Credit Union Act, the Board of Directors of a Credit Union may

provide by resolution that members may attend, participate in, act, and vote at any annual

meetings or special meetings through the use of a conference telephone or interactive

technology, including but not limited to electronic transmission, internet usage, or remote

communication, by means of which persons participating in the meeting can communicate with

each other. Participation through the use of a conference telephone or interactive technology

shall constitute attendance, presence, and representation in person at the annual meeting or

special meeting of the person or persons so participating and count towards quorum.

(Source: Added by emergency rulemaking at 45 Ill. Reg. 1186, effective January 8,

2021, for a maximum of 150 days)


21



1) Heading of the Part: Long Term Care Reimbursement Changes



153.125 Amendment



6) If this emergency amendment is to expire before the end of the 150-day period, please

specify the date on which it is to expire: Upon adoption of the proposed general

rulemaking.

7) Date Filed with the Index Department: January 6, 2021

8) A copy of the emergency rule, including any materials incorporated by reference, is on

file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: PA 101-636 amends Section 5.5.4 of the Illinois Public Aid

Code and requires the Department to increase reimbursement rates under the medical

assistance program for ID/DD facilities and MC/DD facilities and to adopt emergency

rules to implement the provisions of this Section. The General Assembly deems the

adoption of these emergency rules to be necessary for the public interest, safety, and

welfare.

10) Complete Description of the Subjects and Issues Involved: This emergency amendment

implements medical assistance program reimbursement rate increases for facilities

licensed under ID/DD Community Care Act and the MC/DD Act as required by PA 101-

636.


12) Statement of Statewide Policy Objective: This rulemaking is not anticipated to create nor

expand a State mandate on units of local government.

13) Information and questions regarding this emergency rule shall be directed to:


21



Steffanie Garrett

General Counsel


201 South Grand Avenue E., 3rd Floor


[email protected]



21





SUBCHAPTER e: GENERAL TIME-LIMITED CHANGES

PART 153

LONG TERM CARE REIMBURSEMENT CHANGES

Section

153.100 Reimbursement for Long Term Care Services

153.125 Long Term Care Facility Rate Adjustments

EMERGENCY

153.126 Long Term Care Facility Medicaid Per Diem Adjustments

153.150 Quality Assurance Review (Repealed)


Illinois Public Aid Code [305 ILCS 5/Arts. III, IV, V and VI and 12-13].

SOURCE: Emergency rules adopted at 18 Ill. Reg. 2159, effective January 18, 1994, for

maximum of 150 days; adopted at 18 Ill. Reg. 10154, effective June 17, 1994; emergency

amendment at 18 Ill. Reg. 11380, effective July 1, 1994, for a maximum of 150 days; amended at

18 Ill. Reg. 16669, effective November 1, 1994; emergency amendment at 19 Ill. Reg. 10245,

effective June 30, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 16281, effective

November 27, 1995; emergency amendment at 20 Ill. Reg. 9306, effective July 1, 1996, for a

maximum of 150 days; amended at 20 Ill. Reg. 14840, effective November 1, 1996; emergency


21 Ill. Reg. 13633, effective October 1, 1997; emergency amendment at 22 Ill. Reg. 13114,

effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 16285, effective

August 28, 1998; amended at 22 Ill. Reg. 19872, effective October 30, 1998; emergency

amendment at 23 Ill. Reg. 8229, effective July 1, 1999, for a maximum of 150 days; emergency

amendment at 23 Ill. Reg. 12794, effective October 1, 1999, for a maximum of 150 days;

amended at 23 Ill. Reg. 13638, effective November 1, 1999; emergency amendment at 24 Ill.

Reg. 10421, effective July 1, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 15071,

effective October 1, 2000; emergency amendment at 25 Ill. Reg. 8867, effective July 1, 2001, for

a maximum of 150 days; amended at 25 Ill. Reg. 14952, effective November 1, 2001; emergency

amendment at 26 Ill. Reg. 6003, effective April 11, 2002, for a maximum of 150 days;

emergency amendment repealed at 26 Ill. Reg. 12791, effective August 9, 2002, for a maximum

of 150 days; emergency amendment at 26 Ill. Reg. 11087, effective July 1, 2002, for a maximum

of 150 days; amended at 26 Ill. Reg. 17817, effective November 27, 2002; emergency



21



27 Ill. Reg. 18880, effective November 26, 2003; emergency amendment at 28 Ill. Reg. 10218,

effective July 1, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 15584, effective

November 24, 2004; emergency amendment at 29 Ill. Reg. 1026, effective January 1, 2005, for a

maximum of 150 days; emergency amendment at 29 Ill. Reg. 4740, effective March 18, 2005,

for a maximum of 150 days; amended at 29 Ill. Reg. 6979, effective May 1, 2005; amended at 29

Ill. Reg. 12452, effective August 1, 2005; emergency amendment at 30 Ill. Reg. 616, effective

January 1, 2006, for a maximum of 150 days; emergency amendment modified pursuant to the

Joint Committee on Administrative Rules Objection at 30 Ill. Reg. 7817, effective April 7, 2006,

for the remainder of the maximum 150 days; amended at 30 Ill. Reg. 10417, effective May 26,

2006; emergency amendment at 30 Ill. Reg. 11853, effective July 1, 2006, for a maximum of 150

days; emergency expired November 27, 2006; amended at 30 Ill. Reg. 14315, effective August

18, 2006; emergency amendment at 30 Ill. Reg. 18779, effective November 28, 2006, for a

maximum of 150 days; amended at 31 Ill. Reg. 6954, effective April 26, 2007; emergency

amendment at 32 Ill. Reg. 535, effective January 1, 2008, for a maximum of 150 days;

emergency amendment at 32 Ill. Reg. 4105, effective March 1, 2008, for a maximum of 150

days; amended at 32 Ill. Reg. 7761, effective May 5, 2008; amended at 32 Ill. Reg. 9972,

effective June 27, 2008; amended at 33 Ill. Reg. 9347, effective July 1, 2009; emergency

amendment at 34 Ill. Reg. 17462, effective November 1, 2010, for a maximum of 150 days;


December 1, 2011; emergency amendment at 36 Ill. Reg. 10416, effective July 1, 2012 through

June 30, 2013; amended at 36 Ill. Reg. 17405, effective December 1, 2012; amended at 37 Ill.

Reg. 10529, effective June 27, 2013; emergency amendment at 38 Ill. Reg. 15732, effective July

7, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 23799, effective December 2,

2014; emergency amendment at 39 Ill. Reg. 6956, effective May 1, 2015 through June 30, 2015;

emergency amendment at 41 Ill. Reg. 12632, effective September 25, 2017, for a maximum of

150 days; amended at 42 Ill. Reg. 4594, effective February 20, 2018; emergency amendment at

42 Ill. Reg. 16562, effective August 27, 2018, for a maximum of 150 days; emergency expired

January 23, 2019; amended at 43 Ill. Reg. 2253, effective February 4, 2019; emergency

amendment at 45 Ill. Reg. 1191, effective January 6, 2021, for a maximum of 150 days.

Section 153.125 Long Term Care Facility Rate Adjustments

EMERGENCY

a) Notwithstanding the provisions set forth in Section 153.100, long term care

facility (SNF/ICF and ICF/MR) rates established on July 1, 1996 shall be

increased by 6.8 percent for services provided on or after January 1, 1997.

b) Notwithstanding the provisions set forth in Section 153.100, long term care

facility (SNF/ICF and ICF/MR) rates and developmental training rates established


21



on July 1, 1998, for services provided on or after that date, shall be increased by

three percent. For nursing facilities (SNF/ICF) only, $1.10 shall also be added to

the nursing component of the rate.

c) Notwithstanding the provisions set forth in Section 153.100, long term care

facility (SNF/ICF and ICF/MR) rates and developmental training rates established

on July 1, 1999, for services provided on or after that date, shall include:

1) an increase of 1.6 percent for SNF/ICF, ICF/MR and developmental

training rates;

2) an additional increase of $3.00 per resident day for ICF/MR rates; and

3) an increase of $10.02 per person, per month for developmental training

rates.

d) Notwithstanding the provisions set forth in Section 153.100, SNF/ICF rates shall

be increased by $4.00 per resident day for services provided on or after October 1,

1999.

e) Notwithstanding the provisions set forth in Section 153.100, SNF/ICF, ICF/MR

and developmental training rates shall be increased 2.5 percent per resident day

for services provided on or after July 1, 2000.

f) Notwithstanding the provisions set forth in Section 153.100, nursing facility

(SNF/ICF) rates effective on July 1, 2001 shall be computed using the most recent

cost reports on file with the Department no later than April 1, 2000, updated for

inflation to January 1, 2001.

1) The Uniform Building Value shall be as defined in 89 Ill. Adm. Code

140.570(b)(10), except that, as of July 1, 2001, the definition of current

year is the year 2000.

2) The real estate tax bill that was due to be paid in 1999 by the nursing

facility shall be used in determination of the capital component of the rate.

The real estate tax component shall be removed from the capital rate if the

facility's status changes so as to be exempt from assessment to pay real

estate taxes.


21



3) For rates effective July 1, 2001 only, rates shall be the greater of the rate

computed for July 1, 2001 or the rate effective on June 30, 2001.

4) All accounting records and other documentation necessary to support the

costs and other information reported on the cost report to be used in

accordance with rate setting under Section 153.125(f) shall be kept for a

minimum of two years after the Department's final payment using rates

that were based in part on that cost report.

g) Notwithstanding the provisions set forth in Section 153.100, intermediate care

facilities for persons with developmental disabilities (ICF/MR), including skilled

nursing facilities for persons under 22 years of age (SNF/Ped), shall receive an

increase in rates for residential services equal to a statewide average of 7.85

percent. Residential rates taking effect March 1, 2001, for services provided on or

after that date, shall include an increase of 11.01 percent to the residential

program rate component and an increase of 3.33 percent to the residential support

rate component, each of which shall be adjusted by the geographical area adjuster,

as defined by the Department of Human Services (DHS).

h) For developmental training services provided on or after March 1, 2001, for

residents of long term care facilities, rates shall include an increase of 9.05

percent and rates shall be adjusted by the geographical area adjuster, as defined by

DHS.

i) Notwithstanding the provisions set forth in Section 153.100, daily rates for

intermediate care facilities for persons with developmental disabilities (ICF/MR),

including skilled long term care facilities for persons under 22 years of age

(SNF/Ped), shall be increased by 2.247 percent for services provided during the

period beginning on April 11, 2002, and ending on June 30, 2002.

j) Notwithstanding the provisions set forth in Section 153.100, daily rates effective

on July 1, 2002, for intermediate care facilities for persons with developmental

disabilities (ICF/MR), including skilled long term care facilities for persons under

22 years of age (SNF/Ped), shall be reduced to the level of the rates in effect on

April 10, 2002.

k) Notwithstanding the provisions set forth in Section 153.100, nursing facility

(SNF/ICF) rates effective on July 1, 2002 will be 5.9 percent less than the rates in

effect on June 30, 2002.


21



l) Notwithstanding the provisions set forth in Section 153.100, daily rates effective

on July 1, 2003, for intermediate care facilities for persons with developmental


22 years of age (SNF/Ped), shall be increased by 3.59 percent.

m) Notwithstanding the provisions set forth in Section 153.100, developmental

training rates effective on July 1, 2003 shall be increased by 4 percent.

n) Notwithstanding the provisions set forth in Section 153.100, pending the

approvals described in this subsection (n), nursing facility (SNF/ICF) rates

effective July 1, 2004 shall be 3.0 percent greater than the rates in effect on June

30, 2004. The increase is contingent on approval of both the payment

methodologies required under Article 5A-12 of the Public Aid Code [305 ILCS

5/5A-12] and the waiver granted under 42 CFR 433.68.

o) Notwithstanding the provisions set forth in Section 153.100, the "Original

Building Base Cost" for nursing facilities (SNF/ICF) which have been rented

continuously from an unrelated party since prior to January 1, 1978, effective on

July 1, 2004, shall be added to the capital rate calculation using the most recent

cost reports on file with the Department no later than June 30, 2004. The

"Original Building Base Cost" as defined in 89 Ill. Adm. Code 140.570 shall be

calculated from the original lease information that is presently on file with the

Department. This original lease information will be used to capitalize the oldest

available lease payment from the unrelated party lease that has been in effect

since prior to January 1, 1978, and continued to be in effect on December 31,

1999. Before the lease payment is capitalized, a 15 percent portion will be

removed from the oldest available lease payment for movable equipment costs.

After the lease payment is capitalized, a portion of the capitalized amount will be

removed for land cost. The land cost portion is 4.88 percent. The remaining

amount will be the facility's building cost. The construction/acquisition year for

the building will be the date the pre-1978 lease began. The allowable cost of

subsequent improvements to the building will be included in the original building

base cost. The original building base cost will not change due to sales or leases of

the facility after January 1, 1978.

p) Notwithstanding the provisions set forth in Section 153.100, nursing facility

(SNF/ICF) rates effective on January 1, 2005 will be 3.0 percent more than the

rates in effect on December 31, 2004.


21



q) Notwithstanding the provisions set forth in Section 153.100, nursing facility

(SNF/ICF) rates shall be increased by the difference between a facility's per diem

property, liability and malpractice insurance costs as reported in the cost report

that was filed with the Department and used to establish rates effective July 1,

2001, and those same costs as reported in the facility's 2002 cost report. These

costs shall be passed through to the facility without caps or limitations.

r) Notwithstanding the provisions set forth in Section 153.100, daily rates effective

on January 1, 2006 for intermediate care facilities for persons with developmental


22 years of age (SNF/Ped), shall be increased by 3 percent.

s) Notwithstanding the provisions set forth in Section 153.100, developmental

training rates for intermediate care facilities for persons with developmental


22 years of age (SNF/Ped), effective on January 1, 2006 shall be increased by 3

percent.

t) Notwithstanding the provisions set forth in Section 153.100, for facilities that are

federally defined as Institutions for Mental Disease (see Section 145.30), a

socio-development component rate equal to 6.6% of the nursing component rate

as of January 1, 2006 shall be established and paid effective July 1, 2006. This

rate shall become a part of the facility's nursing component of the Medicaid rate.

While this rate may be adjusted by the Department, the rate shall not be reduced.

u) Notwithstanding any other provision of this Section, for facilities licensed by the

Department of Public Health under the Nursing Home Care Act as skilled nursing

facilities or intermediate care facilities, the support component of the rates taking

effect on January 1, 2008 shall be computed using the most recent cost reports on

file with the Department of Healthcare and Family Services no later than April 1,

2005, updated for inflation to January 1, 2006.

1) Support rates taking effect on January 1, 2008 shall be adjusted based on

audits of cost report data in accordance with 89 Ill. Adm. Code 140.582(b)

and 140.590. The audited cost report data will be used to retroactively

update the resulting support rate effective January 1, 2008, after the

45-day appeal period from Section 140.582(b) has passed.


21



2) All accounting records and other documentation necessary to support the

costs and other information reported on the cost report to be used in

accordance with rate setting under this subsection (u) shall be kept for a

minimum of two years after the Department's final payment using rates

that were based in part on that cost report.

v) Notwithstanding the provisions set forth in Section 153.100, pursuant to Public

Act 95-0744, for services beginning August 1, 2008, the socio-development

component for facilities that are federally defined as Institutions for Mental

Disease (see 89 Ill. Adm. Code 145.30) shall equal 6.6% of the facility's nursing

component rate as of January 1, 2006, multiplied by a factor of 3.53.

w) Notwithstanding the provisions set forth in Section 153.100, pursuant to Public

Act 95-0744, for services beginning January 1, 2009, the support component for

skilled and intermediate care facilities that was effective on January 1, 2008,

computed using the most recent cost reports on file with the Department of

Healthcare and Family Services no later than April 1, 2005, updated for inflation

to January 1, 2006, shall be increased to the amount that would have been derived

using standard Department of Healthcare and Family Services methods,

procedures and inflators described in Sections 140.533, 140.551, 140.553 and

140.561.

x) Notwithstanding the provisions set forth in Section 153.100, effective November

1, 2010, the program and support components of the per diem rate for ICF/MR

qualifying under 89 Ill. Adm. Code 144.102 shall be adjusted in accordance with

that Section.

y) Notwithstanding the provisions set forth in Section 153.100, pursuant to Public

Act 96-1530, for services beginning May 1, 2011, the socio-development

component for facilities that are federally defined as Institutions for Mental

Disease (IMD) (see 89 Ill. Adm. Code 145.30) and that are Medicaid certified will

have the nursing component of their rate fully funded using the MDS

methodology and will also receive an increase to their socio-development

component rate. The socio-development component rate increase will be equal to

two-thirds of the difference between the highest nursing rate among the Medicaid

certified IMD facilities and the individual IMD's nursing rate. This rate change is

subject to approval by the Centers for Medicare and Medicaid Services of the U.S.

Department of Health and Human Services.


21



z) Notwithstanding the provisions set forth in Section 153.100, effective for services

beginning May 1, 2011, facilities that are federally defined as Institutions for

Mental Disease (see 89 Ill. Adm. Code 145.30) and determined to be Subpart T

facilities (see 89 Ill. Adm. Code 145.10) will receive an increase to their

socio-development component rate of $.50 per day, per resident.

aa) Notwithstanding the provisions set forth in Section 153.100, effective for services

beginning August 1, 2017, facilities licensed by the Department of Public Health

under the ID/DD Community Care Act [210 ILCS 47] as an ID/DD facility and

medically complex for the developmentally disabled facilities licensed under the

MC/DD Act [210 ILCS 46] as an MC/DD facility will receive an increase to their

reimbursement rates sufficient to provide a $0.75 per hour wage increase for non-

executive staff. This increase shall apply to the facility per diem rates and

developmental training rates.

bb) Notwithstanding the provisions set forth in Section 153.100, effective for services

beginning July 1, 2018, facilities licensed by the Department of Public Health

under the ID/DD Community Care Act [210 ILCS 47] or MC/DD Act [210 ILCS

46] will receive an increase to the facility per diem rates and developmental

training rates as follows:

1) Facilities outside the geographic boundaries of the City of Chicago will

receive an increase to their reimbursement rates sufficient to provide a

$0.50 per hour wage increase for front-line personnel.

2) Facilities inside the geographic boundaries of the City of Chicago will

receive an increase to their reimbursement rates sufficient to provide a

$0.54 per hour wage increase for front-line personnel.

cc) Notwithstanding the provisions set forth in Section 153.100, pursuant to 305

ILCS 5/5-5.4(j), effective for services beginning July 1, 2018, the per diem rate

will be increased by $21.15 for facilities with more than 16 beds licensed by the

Department of Public Health under the ID/DD Community Care Act [210 ILCS

47] and located in the Department of Public Health's Planning Area 7-B.

dd) Notwithstanding the provisions set forth in Section 153.100, facilities licensed by

the Department of Public Health under ID/DD Community Care Act [210 ILCS

47] or MC/DD Act [210 ILCS 46] will receive an increase to their facility rate:


21



1) Effective June 1, 2020, facilities will receive an increase to their

reimbursement rates sufficient to provide a $0.26 per hour wage increase

for non-executive staff.

2) Effective July 1, 2020, facilities will receive an increase to their


for non-executive staff. Facilities shall use these additional funds to

provide a direct increase to wages for non-executive staff by at least $0.80

per hour, with priority given to direct care staff wages.

3) Effective January 1, 2021, facilities will receive an increase to their


for non-executive staff. Facilities shall use these additional funds to

provide a direct increase to wages for non-executive staff by at least $0.40

per hour, with priority given to direct care staff wages.

(Source: Amended by emergency rulemaking at 45 Ill. Reg. 1191, effective January 6,



21



1) Heading of the Part: Hospital Licensing Requirements



250.3 New Section

4) Statutory Authority: Hospital Licensing Act [210 ILCS 85]


6) If this emergency rule is to expire before the end of the 150-day period, please specify the

date on which they are to expire: The emergency amendment will expire at the end of the

150-day period or upon repeal of the emergency rule.




9) Reason for Emergency: This emergency rule is adopted in response to Governor JB

Pritzker's Gubernatorial Disaster Proclamations issued during 2020 related to COVID-19.

Section 5-45 of the Illinois Administrative Procedure Act [5 ILCS 100/5-45] defines

"emergency" as "the existence of any situation that any agency finds reasonably

constitutes a threat to the public interest, safety, or welfare." The COVID-19 outbreak in

Illinois is a significant public health crisis that warrants these emergency rules.

10) A Complete Description of the Subjects and Issues Involved: This emergency

amendment implements a new waiver from the Centers for Medicare and Medicaid

Services (CMMS) that exempts qualifying hospitals from compliance with subsections

482.23(b) and (b)(1) of the Hospital Conditions of Participation (42 CFR 482).

Qualifying hospitals will be permitted to provide limited inpatient services directly in a

patient's home. The purpose of the CMMS waiver is to alleviate the strain on hospitals

from increased hospitalizations and the consequent lack of resources due to the COVID-

19 pandemic, and to safely protect those with comorbidities from contracting COVID-19.



21



12) Statement of Statewide Policy Objective: This rulemaking will not create or expand a

State mandate.


Elizabeth Paton

Acting Rules Coordinator

Division of Legal Services

Illinois Department of Public Health

535 W. Jefferson St., 5th floor


217/782-2043

[email protected]



21



TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER b: HOSPITALS AND AMBULATORY CARE FACILITIES

PART 250

HOSPITAL LICENSING REQUIREMENTS


Section

250.1 COVID-19 Emergency Provisions

EMERGENCY

250.2 COVID-19 Emergency Provisions for Hospitals, Hospital Alternate Care

Facilities, and State Alternate Care Facilities

EMERGENCY

250.3 COVID-19 Emergency Provisions – At-Home Patient Care

EMERGENCY

250.100 Definitions

250.105 Incorporated and Referenced Materials

250.110 Application for and Issuance of Permit to Establish a Hospital

250.120 Application for and Issuance of a License to Operate a Hospital

250.130 Administration by the Department

250.140 Hearings

250.150 Definitions (Renumbered)

250.160 Incorporated and Referenced Materials (Renumbered)

SUBPART B: ADMINISTRATION AND PLANNING

Section

250.210 The Governing Board

250.220 Accounting

250.230 Planning

250.240 Admission and Discharge

250.245 Failure to Initiate Criminal Background Checks

250.250 Visiting Rules

250.260 Patients' Rights

250.265 Language Assistance Services

250.270 Manuals of Procedure

250.280 Agreement with Designated Organ Procurement Agencies


21



250.285 Smoking Restrictions

250.290 Safety Alert Notifications

SUBPART C: THE MEDICAL STAFF

Section

250.310 Organization

250.315 House Staff Members

250.320 Admission and Supervision of Patients

250.330 Orders for Medications and Treatments

250.340 Availability for Emergencies

SUBPART D: PERSONNEL SERVICE

Section

250.410 Organization

250.420 Personnel Records

250.430 Duty Assignments

250.435 Health Care Worker Background Check

250.440 Education Programs

250.445 Workplace Violence Prevention Program

250.450 Personnel Health Requirements

250.460 Benefits

SUBPART E: LABORATORY

Section

250.510 Laboratory Services

250.520 Blood and Blood Components

250.525 Designated Blood Donor Program

250.530 Proficiency Survey Program (Repealed)

250.540 Laboratory Personnel (Repealed)

250.550 Western Blot Assay Testing Procedures (Repealed)

SUBPART F: RADIOLOGICAL SERVICES

Section

250.610 General Diagnostic Procedures and Treatments

250.620 Radioactive Isotopes


21



250.630 General Policies and Procedures Manual

SUBPART G: GENERAL HOSPITAL EMERGENCY SERVICES

Section

250.710 Classification of Emergency Services

250.720 General Requirements

250.725 Notification of Emergency Personnel

250.730 Community or Areawide Planning

250.740 Disaster and Mass Casualty Program

250.750 Medical Forensic Services for Sexual Assault Survivors

SUBPART H: RESTORATIVE AND REHABILITATION SERVICES

Section

250.810 Applicability of Other Parts of These Requirements

250.820 General

250.830 Classifications of Restorative and Rehabilitation Services

250.840 General Requirements for all Classifications

250.850 Specific Requirements for Comprehensive Physical Rehabilitation Services

250.860 Medical Direction

250.870 Nursing Care

250.880 Additional Allied Health Services

250.890 Animal-Assisted Therapy

SUBPART I: NURSING SERVICE AND ADMINISTRATION

Section

250.910 Nursing Services

250.920 Organizational Plan

250.930 Role in hospital planning

250.940 Job descriptions

250.950 Nursing committees

250.960 Specialized nursing services

250.970 Nursing Care Plans

250.980 Nursing Records and Reports

250.990 Unusual Incidents

250.1000 Meetings

250.1010 Education Programs


21



250.1020 Licensure

250.1030 Policies and Procedures

250.1035 Domestic Violence Standards

250.1040 Patient Care Units

250.1050 Equipment for Bedside Care

250.1060 Drug Services on Patient Unit

250.1070 Care of Patients

250.1075 Use of Restraints

250.1080 Admission Procedures Affecting Care

250.1090 Sterilization and Processing of Supplies

250.1100 Infection Control

250.1110 Mandatory Overtime Prohibition

250.1120 Staffing Levels

250.1130 Nurse Staffing by Patient Acuity

SUBPART J: SURGICAL AND RECOVERY ROOM SERVICES

Section

250.1210 Surgery

250.1220 Surgery Staff

250.1230 Policies & Procedures

250.1240 Surgical Privileges

250.1250 Surgical Emergency Care

250.1260 Operating Room Register and Records

250.1270 Surgical Patients

250.1280 Equipment

250.1290 Safety

250.1300 Operating Room

250.1305 Visitors in Operating Room

250.1310 Cleaning of Operating Room

250.1320 Postanesthesia Care Units

SUBPART K: ANESTHESIA SERVICES

Section

250.1410 Anesthesia Service

SUBPART L: RECORDS AND REPORTS


21



Section

250.1510 Medical Records

250.1520 Reports

SUBPART M: FOOD SERVICE

Section

250.1610 Dietary Department Administration

250.1620 Facilities

250.1630 Menus and Nutritional Adequacy

250.1640 Diet Orders

250.1650 Frequency of Meals

250.1660 Therapeutic (Modified) Diets

250.1670 Food Preparation and Service

250.1680 Sanitation

SUBPART N: HOUSEKEEPING AND LAUNDRY SERVICES

Section

250.1710 Housekeeping

250.1720 Garbage, Refuse and Solid Waste Handling and Disposal

250.1730 Insect and Rodent Control

250.1740 Laundry Service

250.1750 Soiled Linen

250.1760 Clean Linen

SUBPART O: OBSTETRIC AND NEONATAL SERVICE

Section

250.1810 Applicability of Other Provisions of this Part

250.1820 Obstetric and Neonatal Service (Perinatal Service)

250.1830 General Requirements for All Obstetric Departments

250.1840 Discharge of Newborn Infants from Hospital

250.1845 Caesarean Birth

250.1850 Single Room Postpartum Care of Mother and Infant

250.1860 Special Programs (Repealed)

250.1870 Labor, Delivery, Recovery and Postpartum Care

SUBPART P: ENGINEERING AND MAINTENANCE OF THE PHYSICAL PLANT, SITE,


21



EQUIPMENT, AND SYSTEMS – HEATING, COOLING, ELECTRICAL, VENTILATION,

PLUMBING, WATER, SEWER, AND SOLID WASTE DISPOSAL

Section

250.1910 Maintenance

250.1920 Emergency electric service

250.1930 Water Supply

250.1940 Ventilation, Heating, Air Conditioning, and Air Changing Systems

250.1950 Grounds and Buildings Shall be Maintained

250.1960 Sewage, Garbage, Solid Waste Handling and Disposal

250.1970 Plumbing

250.1980 Fire and Safety

SUBPART Q: CHRONIC DISEASE HOSPITALS

Section

250.2010 Definition

250.2020 Requirements

SUBPART R: PHARMACY OR DRUG AND MEDICINE SERVICE

Section

250.2110 Service Requirements

250.2120 Personnel Required

250.2130 Facilities for Services

250.2140 Pharmacy and Therapeutics Committee

SUBPART S: PSYCHIATRIC SERVICES

Section

250.2210 Applicability of other Parts of these Regulations

250.2220 Establishment of a Psychiatric Service

250.2230 The Medical Staff

250.2240 Nursing Service

250.2250 Allied Health Personnel

250.2260 Staff and Personnel Development and Training

250.2270 Admission, Transfer and Discharge Procedures

250.2280 Care of Patients

250.2290 Special Medical Record Requirements for Psychiatric Hospitals and Psychiatric


21



Units of General Hospitals or General Hospitals Providing Psychiatric Care

250.2300 Diagnostic, Treatment and Physical Facilities and Services

SUBPART T: DESIGN AND CONSTRUCTION STANDARDS

Section

250.2410 Applicability of these Standards

250.2420 Submission of Plans for New Construction, Alterations or Additions to Existing

Facility

250.2430 Preparation of Drawings and Specifications – Submission Requirements

250.2440 General Hospital Standards

250.2442 Fees

250.2443 Advisory Committee

250.2450 Details

250.2460 Finishes

250.2470 Structural

250.2480 Mechanical

250.2490 Plumbing and Other Piping Systems


SUBPART U: CONSTRUCTION REQUIREMENTS FOR EXISTING HOSPITALS

Section

250.2610 Applicability of Subpart U


250.2630 Existing General Hospital Requirements

250.2640 Details

250.2650 Finishes

250.2660 Mechanical

250.2670 Plumbing and Other Piping Systems


SUBPART V: SPECIAL CARE AND/OR SPECIAL SERVICE UNITS

Section

250.2710 Special Care and/or Special Service Units

250.2720 Day Care for Mildly Ill Children

SUBPART W: ALCOHOLISM AND INTOXICATION TREATMENT SERVICES


21



Section

250.2810 Applicability of Other Parts of These Requirements

250.2820 Establishment of an Alcoholism and Intoxication Treatment Service

250.2830 Classification and Definitions of Service and Programs

250.2840 General Requirements for all Hospital Alcoholism Program Classifications

250.2850 The Medical and Professional Staff

250.2860 Medical Records

250.2870 Referral

250.2880 Client Legal and Human Rights

250.APPENDIX A Codes and Standards (Repealed)

250.EXHIBIT A Codes (Repealed)

250.EXHIBIT B Standards (Repealed)

250.EXHIBIT C Addresses of Sources (Repealed)

250.ILLUSTRATION A Seismic Zone Map

250.TABLE A Measurements Essential for Level I, II, III Hospitals

250.TABLE B Sound Transmission Limitations in General Hospitals

250.TABLE C Filter Efficiencies for Central Ventilation and Air Conditioning Systems in

General Hospitals (Repealed)

250.TABLE D General Pressure Relationships and Ventilation of Certain Hospital Areas

(Repealed)

250.TABLE E Piping Locations for Oxygen, Vacuum and Medical Compressed Air

250.TABLE F General Pressure Relationships and Ventilation of Certain Hospital Areas

250.TABLE G Insulation/Building Perimeter

AUTHORITY: Implementing and authorized by the Hospital Licensing Act [210 ILCS 85] and

authorized by the Department of Public Health Act [20 ILCS 2305].

SOURCE: Rules repealed and new rules adopted August 27, 1978; emergency amendment at 2

Ill. Reg. 31, p. 73, effective July 24, 1978, for a maximum of 150 days; amended at 2 Ill. Reg.

21, p. 49, effective May 16, 1978; emergency amendment at 2 Ill. Reg. 31, p. 73, effective July

24, 1978, for a maximum of 150 days; amended at 2 Ill. Reg. 45, p. 85, effective November 6,

1978; amended at 3 Ill. Reg. 17, p. 88, effective April 22, 1979; amended at 4 Ill. Reg. 22, p.

233, effective May 20, 1980; amended at 4 Ill. Reg. 25, p. 138, effective June 6, 1980; amended

at 5 Ill. Reg. 507, effective December 29, 1980; amended at 6 Ill. Reg. 575, effective December

30, 1981; amended at 6 Ill. Reg. 1655, effective January 27, 1982; amended at 6 Ill. Reg. 3296,

effective March 15, 1982; amended at 6 Ill. Reg. 7835 and 7838, effective June 17, 1982;

amended at 7 Ill. Reg. 962, effective January 6, 1983; amended at 7 Ill. Reg. 5218 and 5221,


21



effective April 4, 1983 and April 5, 1983; amended at 7 Ill. Reg. 6964, effective May 17, 1983;


August 2, 1983; codified at 8 Ill. Reg. 19752; amended at 8 Ill. Reg. 24148, effective November

29, 1984; amended at 9 Ill. Reg. 4802, effective April 1, 1985; amended at 10 Ill. Reg. 11931,

effective September 1, 1986; amended at 11 Ill. Reg. 10283, effective July 1, 1987; amended at

11 Ill. Reg. 10642, effective July 1, 1987; amended at 12 Ill. Reg. 15080, effective October 1,

1988; amended at 12 Ill. Reg. 16760, effective October 1, 1988; amended at 13 Ill. Reg. 13232,

effective September 1, 1989; amended at 14 Ill. Reg. 2342, effective February 15, 1990;


effective May 1, 1991; amended at 15 Ill. Reg. 13811, effective October 1, 1991; amended at 17

Ill. Reg. 1614, effective January 25, 1993; amended at 17 Ill. Reg. 17225, effective October 1,


effective October 10, 1994; amended at 19 Ill. Reg. 13355, effective September 15, 1995;

emergency amendment at 20 Ill. Reg. 474, effective January 1, 1996, for a maximum of 150

days; emergency expired May 29, 1996; amended at 20 Ill. Reg. 3234, effective February 15,


effective February 13, 1998; amended at 22 Ill. Reg. 9342, effective May 20, 1998; amended at

23 Ill. Reg. 1007, effective January 15, 1999; emergency amendment at 23 Ill. Reg. 3508,

effective March 4, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 9513, effective

August 1, 1999; amended at 23 Ill. Reg. 13913, effective November 15, 1999; amended at 24 Ill.

Reg. 6572, effective April 11, 2000; amended at 24 Ill. Reg. 17196, effective November 1, 2000;

amended at 25 Ill. Reg. 3241, effective February 15, 2001; amended at 27 Ill. Reg. 1547,

effective January 15, 2003; amended at 27 Ill. Reg. 13467, effective July 25, 2003; amended at

28 Ill. Reg. 5880, effective March 29, 2004; amended at 28 Ill. Reg. 6579, effective April 15,


effective February 20, 2007; amended at 31 Ill. Reg. 14530, effective October 3, 2007; amended

at 32 Ill. Reg. 3756, effective February 27, 2008; amended at 32 Ill. Reg. 4213, effective March

10, 2008; amended at 32 Ill. Reg. 7932, effective May 12, 2008; amended at 32 Ill. Reg. 14336,

effective August 12, 2008; amended at 33 Ill. Reg. 8306, effective June 2, 2009; amended at 34

Ill. Reg. 2528, effective January 27, 2010; amended at 34 Ill. Reg. 3331, effective February 24,

2010; amended at 34 Ill. Reg. 19031, effective November 17, 2010; amended at 34 Ill. Reg.

19158, effective November 23, 2010; amended at 35 Ill. Reg. 4556, effective March 4, 2011;


August 1, 2011; amended at 36 Ill. Reg. 17413, effective December 3, 2012; amended at 38 Ill.

Reg. 13280, effective June 10, 2014; amended at 39 Ill. Reg. 5443, effective March 25, 2015;


effective June 12, 2017; amended at 41 Ill. Reg. 14945, effective November 27, 2017; amended

at 42 Ill. Reg. 9507, effective May 24, 2018; amended at 43 Ill. Reg. 3889, effective March 18,

2019; amended at 43 Ill. Reg. 12990, effective October 22, 2019; emergency amendment at 44


21



Ill. Reg. 5934, effective March 25, 2020, for a maximum of 150 days; emergency expired August

21, 2020; emergency amendment at 44 Ill. Reg. 7788, effective April 16, 2020, for a maximum

of 150 days; emergency repeal of emergency amendment at 44 Ill. Reg. 14333, effective August

24, 2020; emergency amendment at 44 Ill. Reg. 14804, effective August 24, 2020, for a

maximum of 150 days; amended at 44 Ill. Reg. 18379, effective October 29, 2020; emergency



Section 250.3 COVID-19 Emergency Provisions – At-Home Patient Care

EMERGENCY

a) To adequately respond to COVID-19, a hospital may apply for an Acute Hospital

Care at Home waiver from the requirements of 42 CFR 482.23(b) and (b)(1) to

provide limited inpatient services directly in a patient's home. The waiver

application may be found at https://qualitynet.cms.gov/acute-hospital-care-at-

home.

b) A participating hospital with an approved waiver from the Centers for Medicare

and Medicaid Services (CMMS) shall provide the Department with the following:

1) A copy of the CMMS-approved Medicare waiver;

2) A copy of the participating hospital's screening protocol to determine

patient eligibility for the at-home inpatient services; and

3) A copy of the participating hospital's policy and procedures for clinical

management of inpatients at home.

c) The Department will conduct any complaint investigation, survey, or inspection

of the participating hospital, request any documentation, and require corrective

action pursuant to its State licensure authority.

d) A participating hospital also shall meet the following requirements:

1) Provide safe and quality care to each patient in his or her home;

2) Prohibit all abuse of a patient by an administrator, agent, employee, or

member of its medical staff and, in addition, comply with the abuse and


21



neglect reporting requirements of Section 250.260 for suspected

occurrences;

3) Ensure access to health care information and services for limited English-

speaking or non-English-speaking patients, in compliance with Section

250.265;

4) Administer no medication, treatment, or diagnostic test to a patient except

on a written or verbal order, if necessary, by a licensed medical

professional acting within his or her scope of practice;

5) Ensure nursing services are under the direction of a registered nurse who

has qualifications in nursing administration;

6) Maintain an adequate, timely, and complete medical record for each

patient receiving at-home care in compliance with Section 250.1510;

7) Comply with incident reporting requirements in Section 250.1520(f);

8) Ensure all drugs and medicines are stored and dispensed in compliance

with Section 250.2110(f) and (g); and

9) Comply with all directives and guidance related to COVID-19 diagnosis

and treatment from the Centers for Disease Control and Prevention, the

Department, other State of Illinois agencies, and any applicable local

public health departments.

(Source: Added by emergency rulemaking at 45 Ill. Reg. 1202, effective January 8,



21



1) Heading of the Part: Business Corporation Act



150.740 Amendment

4) Statutory Authority: Implementing and authorized by the Business Corporation Act of

1983 [805 ILCS 5].

5) Effective Date of Emergency Rule: January 8, 2021

6) If this emergency rule will expire before the end of the 150-day period, please specify the

date on which it is to expire: This emergency rule will expire at the end of 150 days or

the date on which the permanent rulemaking is adopted, whichever occurs first.




9) Reason for Emergency: Upon the expiration of the 150 days stated in the Emergency

Amendment to the Emergency Rule of Section 150.740 of the Administrative Rules, filed

and effective on April 27, 2020, the Department of Business Services (the "Department")

of the Office of the Secretary of State believed that the waiver of any fees for the late

filing of materials and documents, i.e., annual reports and other documents, was no

longer in effect. The Department acted accordingly, reinstituting its normal practices and

procedures, including numerous and time-consuming computer programming changes.

Until the discovery of the existing language, the Department has been enforcing the fees

for the late filing of documents.

10) A Complete Description of the Subjects and Issues Involved: New language is added

stating that the statutory fees for the late filing of certain documents, including franchise

tax, penalties, interest and filing fees are in full force and effect.

11) Are there any rulemakings to this Part pending? No

12) Statement of Statewide Policy Objective: This rulemaking does not create or enlarge a

mandate as described in Section 3(b) of the State Mandates Act.


21




Terrence J. McConville

Senior Legal Advisor

100 W. Randolph St. #5-400

Chicago IL 60601

[email protected]



21



TITLE 14: COMMERCE

SUBTITLE A: REGULATION OF BUSINESS

CHAPTER I: SECRETARY OF STATE

PART 150

BUSINESS CORPORATION ACT

SUBPART A: HEARING PROCEDURES

Section


150.20 Definitions

150.30 Right to Counsel

150.40 Appearance of Attorney

150.50 Special Appearance

150.60 Substitution of Parties or Attorneys

150.70 Commencement of Action; Notice of Hearing

150.80 Motions

150.90 Form of Papers

150.100 Conduct of Hearings

150.110 Orders

150.120 Record of Hearings

150.130 Invalidity

SUBPART B: SALE AND RELEASE OF INFORMATION

Section

150.200 Annual List of Corporations

150.210 Monthly List of Corporations

150.220 Daily List of Corporations

150.230 Computer Access to Information

150.240 Abstracts of Corporate Record

150.250 Invalidity

SUBPART C: ERRORS, REFUNDS, CORRECTIONS, ADJUSTMENTS,

OBJECTIONS, AND OTHER RELIEF

Section

150.300 Errors or Defects


21



150.305 Financial Data as Support Documentation

150.310 Invalidity

SUBPART D: NAMES

Section

150.400 Preliminary Determination of Availability

150.405 Final Determination of Availability

150.410 Response as to Basis of Unavailability

150.415 Reconsideration Procedure

150.420 Effect of Final Determination


150.430 Availability of Names: Statutory Requirements

150.435 Standards − Conflicting Names

150.440 Distinguishable − Defined

150.445 Matters Not Considered

150.450 Differences

150.455 Surnames

150.460 Alphabet Names

150.465 Government Affiliation

150.470 Restricted and Professional Words

150.475 Acceptable Characters of Print

150.480 Invalidity

150.485 Improper Names

SUBPART E: SERVICE OF PROCESS ON THE SECRETARY OF STATE

Section

150.500 Preamble

150.510 Manner of Service

150.520 Place of Service

150.530 Payment of Fees

150.540 Invalidity

SUBPART F: FEES, FRANCHISE TAX AND LICENSE FEES: ANNUAL REPORT

Section

150.600 Payment of Fees, Franchise Tax and License Fee

150.610 Definitions


21



150.620 Annual Report

150.621 Confidentiality of Annual Report Financial Data

150.630 Shares Having a Par Value

150.631 Amended Annual Report

150.640 Invalidity

SUBPART G: INTERPRETIVE COMMENTS AND GENERAL PROVISIONS

Section

150.700 Interpretive Comments Applicable Generally

150.705 Paid-In Capital

150.710 Advice to the Public

150.720 Incorporating Licensed Professionals

150.725 Corporation Acting as an Incorporator

150.730 Business Hours

150.735 Electronic Filing

150.740 Extension of Filing and Secretary of State Deadlines

EMERGENCY

AUTHORITY: Implementing and authorized by the Business Corporation Act of 1983 [805

ILCS 5].

SOURCE: Adopted at 9 Ill. Reg. 1433, effective February 1, 1985; amended at 10 Ill. Reg.

5146, effective March 21, 1986; amended at 11 Ill. Reg. 10302, effective June 1, 1987; amended

at 17 Ill. Reg. 11571, effective July 15, 1993; amended at 18 Ill. Reg. 7783, effective May 15,


effective December 1, 1997; amended at 27 Ill. Reg. 550, effective December 27, 2002;

amended at 28 Ill. Reg. 3504, effective February 3, 2004; amended at 29 Ill. Reg. 14047,

effective September 1, 2005; amended at 30 Ill. Reg. 12961, effective July 11, 2006; amended at

31 Ill. Reg. 9469, effective July 16, 2007; amended at 32 Ill. Reg. 12039, effective July 16, 2008;

emergency amendment at 42 Ill. Reg. 807, effective December 29, 2017, for a maximum of 150

days; emergency amendment to emergency rule at 42 Ill. Reg. 2073, effective January 9, 2018,

for the remainder of 150 days; emergency expired May 27, 2018; emergency amendment at 44

Ill. Reg. 5786, effective March 20, 2020, for a maximum of 150 days; emergency amendment to

emergency rule at 44 Ill. Reg. 6601, effective April 9, 2020, for the remainder of the 150 days;

emergency amendment to emergency rule at 44 Ill. Reg. 7944, effective April 27, 2020, for the

remainder of the 150 days; emergency amendment to emergency rule effective April 27, 2020

suspended by the Joint Committee on Administrative Rules at 44 Ill. Reg. 10029, effective May

20, 2020; suspension withdrawn at 44 Ill. Reg. 14082, effective August 11, 2020; emergency


21



rule effective March 20, 2020, as amended April 9, 2020 and April 27, 2020, expired August 16,

2020; amended at 44 Ill. Reg. 14019, effective August 17, 2020; emergency amendment at 45 Ill.

Reg. 1215, effective January 8, 2021, for a maximum of 150 days.

SUBPART G: INTERPRETIVE COMMENTS AND GENERAL PROVISIONS

Section 150.740 Extension of Filing and Secretary of State Deadlines

EMERGENCY

Filing of Organizational Documents, Annual Reports, and Other Business Entity Materials

a) All organizational documents, annual reports, and other business entity materials

required to be filed with the Secretary of State pursuant to Chapter 805 of the

Illinois Compiled Statutes shall be filed with the Business Services Department,

Howlett Building, Room 350, Springfield IL 62756 or 69 West Washington, Suite

1240, Chicago IL 60602.

b) Pursuant to the powers vested in him by Section 5(7) of the Secretary of State

Act, the Secretary of State hereby extends for the duration of the disaster

proclaimed by the Governor in Gubernatorial Proclamation number 2020-038,

issued on March 9, 2020, as extended by subsequent proclamations, and for a

period of 90 days thereafter, the filing deadlines for materials required to be filed

with the Secretary of State pursuant to Chapter 805 of the Illinois Compiled

Statutes and that were due to be filed on or after March 17, 2020. This extension

period may be rescinded by the Secretary of State through the adoption of an

emergency rule. Business organizations are required to pay the statutory amounts

to the Secretary of State when materials are filed, including franchise tax,

penalties, interest, filing fees, and other charges required to be paid, without

regard to the application of the filing extension deadline of this Section.Any fees

for late filings of materials shall be waived for materials subject to this Section.

c) Pursuant to the terms of Executive Order 2020-39, as extended by Executive

Order 2020-44, and as may be further extended by subsequent Executive Orders,

the provisions of Section 1.45 of the Business Corporations Act (BCA) that

require the Secretary of State to, within 10 days after any of the documents

subject to Section 1.45 are delivered to the Secretary for filing, give written notice

of his or her disapproval of the documents are suspended for the duration of the

disaster proclaimed in Gubernatorial Proclamation 2020-44, as extended, and for


21



30 days thereafter. During this period of suspension, the Secretary shall process

these documents as expeditiously as possible.

d) Pursuant to the terms of Executive Order 2020-39, as extended by Executive

Order 2020-44, and as may be further extended by subsequent Executive Orders,

the provisions of Section 15.95 of the BCA that require the Secretary of State to

provide expedited services upon request are suspended for the duration of the

disaster proclaimed in the Gubernatorial Proclamation 2020-44, as extended, and

for 30 days thereafter. During this period of suspension, the Secretary shall

process the expedited documents within 24 hours or as soon as possible thereafter.

For purposes of filing dates, the date the document was submitted for filing will

be the document's filing date.




21



1) Heading of the Part: School Bus Driver Permit



1035.30 Amendment

4) Statutory Authority: Implementing Section 6-106.1 and authorized by Section 6-521 of

the Illinois Vehicle Code [625 ILCS 5].

5) Effective Date of Emergency Rule: January 6, 2021

6) If this emergency rule will expire before the end of the 150-day period, please specify the

date on which it is to expire: January 6, 2021




9) Reason for Emergency: Due to COVID-19 mitigations, annual refresher training for

school bus permit holders provided by Regional Superintendents of Education have been

postponed until Spring of 2021.

10) A Complete Description of the Subjects and Issues Involved: This rulemaking will

provide an additional 90 days for school bus permit holders to complete their annual

refresher training. All other requirements for renewal of a school bus permit remain in

effect.

11) Are there any other rulemakings to the Part pending? No



Brenda Glahn

Senior Legal Advisor




21



217/785-3094

[email protected]



21



TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1035

SCHOOL BUS DRIVER PERMIT

Section

1035.10 Definitions

1035.15 Requirements of Applicants for a School Bus Driver Permit

1035.20 Annual Medical Examination and Certificate

1035.25 Permit Application Process

1035.30 Training

EMERGENCY

1035.32 Random Drug Testing for Alcohol and Controlled Substances

1035.35 Denial, Cancellation, or Suspension of a School Bus Driver Permit

1035.40 Notice

1035.45 Employer Responsibility

1035.46 Military Deferrals

1035.50 Hearings

1035.APPENDIX A School Bus Driver Permit Medical Examiner's Certificate

AUTHORITY: Implementing Section 6-106.1 and authorized by Section 6-521 of the Illinois

Vehicle Code [625 ILCS 5].

SOURCE: Adopted at 19 Ill. Reg. 10716, effective July 11, 1995; amended at 24 Ill. Reg. 1269,

effective January 10, 2000; amended at 24 Ill. Reg. 12092, effective July 31, 2000; amended at

26 Ill. Reg. 12045, effective July 22, 2002; amended at 33 Ill. Reg. 17093, effective December 1,


effective November 22, 2010; amended at 35 Ill. Reg. 7412, effective April 21, 2011; amended

at 36 Ill. Reg. 2384, effective January 30, 2012; amended at 39 Ill. Reg. 5101, effective March

23, 2015; amended at 39 Ill. Reg. 11633, effective July 28, 2015; amended at 40 Ill. Reg. 9646,

effective July 1, 2016; amended at 45 Ill. Reg. 750, effective December 28, 2020; emergency


Section 1035.30 Training

EMERGENCY


21



a) The initial course and annual refresher training courses are required for each

school bus driver permit holder and shall be:

1) Approved by the Secretary of State and the agency or organization

conducting the course;

2) Taught by an instructor certified by the Illinois State Board of Education;

and

3) A minimum of two hours in length, part of which must include first aid

training.

b) The date of the annual refresher training shall be computed as follows:

1) The first refresher training following initial training must be completed

within one year (365 days) from the date of initial training. The date of

the first refresher training will be known as the refresher date.

2) In the event that an individual completes subsequent refresher training

between the actual refresher date and 60 days prior to that refresher date,

the next annual refresher date will not change. In the event refresher

training is completed more than 60 days prior to the refresher date, the

date the driver completes the refresher training will become the new

annual refresher date.

3) In recognition of the disaster proclaimed by the Governor in Gubernatorial

Proclamation number 2020-038 issued on March 9, 2020, as extended by

subsequent disaster proclamations and of the Tier 3 mitigations currently

in place, refresher dates for those individuals whose current refresher date

falls in December 2020, January 2021, February 2021 or March 2021 are

extended for a period of 90 days.




21

JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED

The following second notices were received during the period of January 5, 2021 through

January 11, 2021. These rulemakings are scheduled for the February 16, 2021 meeting. Other

items not contained in this published list may also be considered. Members of the public

wishing to express their views with respect to a rulemaking should submit written comments to

the Committee at the following address: Joint Committee on Administrative Rules, 700 Stratton

Bldg., Springfield IL 62706.

Second

Notice

Expires

Agency and Rule

Start

of First

Notice

JCAR

Meeting

2/17/21 Department of Financial and Professional

Regulation, Real Estate License Act of

2000 (68 Ill. Adm. Code 1450)

10/16/20

44 Ill. Reg.

16584

2/16/21


Regulation, Optometric Practice Act of

1987 (68 Ill. Adm. Code 1320)

11/20/20

44 Ill. Reg.

18543

2/16/21


Regulation, Illinois Certified Shorthand

Reporters Act of 1984 (68 Ill. Adm. Code

1200)

11/13/20

44 Ill. Reg.

17839

2/16/21


Regulation, Electrologist Licensing Act (68

Ill. Adm. Code 1246)

11/13/20

44 Ill. Reg.

17853

2/16/21


Regulation, Funeral Directors and

Embalmers Licensing Code (68 Ill. Adm.

Code 1250)

11/13/20

44 Ill. Reg.

17859

2/16/21


Regulation, Illinois Physical Therapy Act

(68 Ill. Adm. Code 1340)

11/13/20

44 Ill. Reg.

17879

2/16/21


21

JOINT COMMITTEE ON ADMINISTRATIVE RULES

SECOND NOTICES RECEIVED


Regulation, Nursing Home Administrators

Licensing and Disciplinary Act (68 Ill.

Adm. Code 1310)

11/13/20

44 Ill. Reg.

17868

2/16/21


Regulation, Illinois Roofing Industry

Licensing Act (68 Ill. Adm. Code 1460)

11/20/20

44 Ill. Reg.

18546

2/16/21

2/19/21 Department of Transportation, Port

Facilities Capital Investment Grant

Program (92 Ill. Adm. Code 600)

10/16/20

44 Ill. Reg.

16745

2/16/21

2/19/21 Illinois Gaming Board, Video Gaming

(General) (11 Ill. Adm. Code 1800)

11/6/20

44 Ill. Reg.

17542

2/16/21

2/24/21 State Board of Education, Standards for All

Illinois Teachers (23 Ill. Adm. Code 24)

9/11/20

44 Ill. Reg.

14574

2/16/21

2/24/21 State Board of Education, Special

Education (23 Ill. Adm. Code 226)

9/11/20

44 Ill. Reg.

14630

2/16/21


21

ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD

AGENCY RESPONSE TO JOINT COMMITTEE STATEMENT OF OBJECTION TO

EMERGENCY RULEMAKING

Date: January 7, 2021

Agency: Illinois Educational Labor Relations Board

Heading of the Part: General Procedures

Code Citation: 80 Ill. Adm. Code 1100

Register Citation: 44 Ill. Reg. 15998; September 25, 2020

Agency Response to Specific Joint Committee Objections:

At its meeting on October 14, 2020, the Joint Committee on Administrative Rules (JCAR)

considered the above-cited emergency rulemaking and objected to the ",,, Board's use of

emergency rulemaking to adopt rules titled General Procedures (80 Ill. Adm. Code 1100; 44 Ill.

Reg. 15998 - 9/25/20) because it allows service of documents by email when that is not one of

the three acceptable methods for service specified in Section 5(h) of the Illinois Educational

Labor Relations Act [115 ILCS 5]."

The Board has reviewed the statement of objection from JCAR regarding the above-cited

emergency rulemaking. The Board did not attempt or intend to circumvent the Illinois

Educational Labor Relations Act (IELRA). The Board reasonably and in good faith undertook

the emergency and subsequent proposed rulemakings based upon the history of its laws and

rulemaking, as well as the COVID-19 pandemic. JCAR reviewed the Board's predraft of this

emergency rulemaking and the JCAR Executive Director returned it on July 21, 2020 without

noting that the rulemaking was inconsistent with the IELRA. While the review of the predraft of

the rulemaking does not preclude JCAR’s current objection, the JCAR review before filing the

emergency rulemaking evidences the Board's good faith.

The Board filed proposed rulemaking on October 22, 2020 that was published at 44 Ill. Reg.

17536 on November 6, 2020. The proposed rulemaking mirrors the emergency rulemaking

predraft reviewed by JCAR. The Board asserts that the emergency and the proposed rulemakings

are permissible pursuant to and authorized by Section 5(i) of the Illinois Educational Labor

Relations Act [115 ILCS 5/5(i)] and by Section 10-75 of the Illinois Administrative Procedure

Act (IAPA) [5 ILCS 100/10-75].

The Board asserts that subsections (h) and (i) of Section 5 of the IELRA are intended to be read

together [115 ILCS 5/5(h and i)]. At the time of the enactment of the IELRA, tracking of various


21




types of mail delivery, proof of delivery and reading of emails, and third-party courier tracking

options were nonexistent or less developed. The legislative direction in Section 5(i) of the

IELRA to the Illinois Administrative Procedure Act (IAPA) includes the ability to use the

multiple proposed methods of service of documents set out in various sections, as well as the

rulemaking requirements regarding safeguards pertaining to verifiable electronic service set out

in Section 10-75 of the IAPA [5 ILCS 100/10-75].

The Board has used certified mail since during or about 1984, consistent with the Board's

adopted rulemaking and without objection by JCAR that such was an unacceptable method per

Section (h) the IELRA [115 ILCS 5/5(h)]. Certified mail "is not one of the three acceptable

methods for service specified in Section 5(h) of the Illinois Educational Labor Relations Act

[115 ILCS 5/5]."

In 2017, the Board filed Notices proposing and adopting amendments to its service of

documents, citing Section 5(i) of the IELRA as its authority to do such [115 ILCS 5/5(i)]. JCAR

did not object. The Board proposed and adopted the following amendments to subsections (c)

and (d) of 80 Ill. Adm. Code 1100.20 that expanded the methods of service:

"c) The Board will serve final Board opinions, complaints and notices of hearing,

petitions, intervening claims, and unfair labor practice charges, and fair share fee

objections on the appropriate parties by personal service, registered or certified

mail, or by leaving a copy at the principal office or place of business of the person

required to be served. A party may agree to service of the above documents by

other means by giving written consent. The Board may serve other documents by

other means.

d) All documents, except those listed in subsection (c), will be served on the

appropriate parties by the party propounding the document by means calculated to

provide proper service. When a party is represented in a proceeding before the

Board, service shall be on the party's representative. When a party is not

represented, service shall be on the party. Subpoenas will be served by the party

requesting the subpoena by personal service, registered or certified mail, or

leaving a copy at the principal office or place of business of the person required to

be served."

80 Ill. Adm. Code 1100.20 amended at 41 Ill. Reg. 10566, effective August 1, 2017.


21




The Board asserts that it has had the ability to use electronic service of its documents since on or

before the 2017 amendment to its rules. The need for the use of electronic service became an

unforeseeable necessity during the pandemic. The Board was compelled to assure the safety and

best interest of its employees and the parties that appear before the Board. The Board has and

continues to explore JCAR-suggested options of obtaining an Executive Order and legislative

amendment as evidence of its good faith. While the use of this emergency rulemaking has been

extremely helpful during the pandemic, the pandemic is outlasting the six months allowed for

emergency rules, resulting in the proposed rulemaking being an absolute necessity to continue,

assuring the safety of said employees and parties, as well as providing prompt due process notice

to the parties with respect to Board decisions and orders.

Regardless of whether the Board is able to obtain an Executive Order and/or a statutory

amendment, the electronic service rulemaking setting out safeguards to verify service will still be

required pursuant to Section 10-75 of the IAPA [5 ILCS 100/10-75]. The IAPA requires the

Board to adopt rules to specify how the Board will ensure delivery of service by email or other

electronic methods and how the Board will accomplish service when electronic service fails. The

rulemaking language is required to achieve the goal that electronic service is verifiable and how

the Board will proceed when the electronic service is undeliverable.

In summation, the Board responds to the JCAR objection to its rulemaking as follows:

1. Subsections (h) and (i) of Section 5 of the IELRA are consistent with each other

and intended to be read together [115 ILCS 5/5(h and i)].

2. Section (h) of the IELRA states that service of documents may be served

personally, by registered mail or by leaving a copy at the principal office of the

respondent required to be served as forms of service of documents [115 ILCS

5/5(h)]. Legislature listed personal service separately and "leaving" is not defined

in the subsequent method to require personally leaving a copy. Verifiable

electronic service such as email is one of the most reliable methods of service of

documents as it ensures that the intended recipient timely receives service of

documents and satisfies due process requirements.

3. The Board proposed other rulemakings regarding service of documents and had a

history of no JCAR objections. The Board has not had any indication that JCAR

interpreted Section 5(h) of the IELRA to preclude the Board's ability to use other

forms of service of documents [115 ILCS 5/5(h)].


21




4. The Board had no indication that it must seek legislative amendment to the

IELRA or an Executive Order prior to the instant JCAR objection. The ongoing

and increasingly dangerous pandemic hinders or otherwise delays the ability for

prompt legislative changes. An Executive Order during the pandemic would only

be temporary. The pandemic has outlasted the time permitted for the effectiveness

of emergency rulemaking. The Board has been exemplary in its discharge of its

duties per the IELRA and its use of verifiable electronic service of documents

during the pandemic.

5. The emergency and the proposed rulemakings are required under the IAPA

regardless of how the issue of acceptable avenues (IELRA, Executive Order,

and/or the Board's rulemaking)for use of electronic service is determined. The

Board is required to propose and adopt this rulemaking to be consistent with and

provide the safeguards required per the IAPA [5 ILCS 100/10-75].

The Board prays that JCAR will remove its objection for the reasons stated herein. The Board

will continue to seek an Executive Order for service during the pandemic and a legislative

amendment to Section (h) of the IELRA to provide clarification to all concerned regarding the

intended methods of service of documents [115 ILCS 5/5(h)].

_____________________

Victor E. Blackwell

Executive Director


21

EXECUTIVE ORDER

2021-1

EXECUTIVE ORDER 2021-01

(COVID-19 EXECUTIVE ORDER NO. 71)

WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused

extraordinary sickness and loss of life, infecting over 1,000,000, and taking the lives of more

than 17,000 residents; and,

WHEREAS, as Illinois adapts and responds to the public health disaster caused by Coronavirus

Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through

respiratory transmissions and that continues to be without an effective treatment or vaccine, the

burden on residents, healthcare providers, first responders, and governments throughout the State

is unprecedented; and,

WHEREAS, at all times but especially during a public health crisis, protecting the health and

safety of Illinoisans is among the most important functions of State government; and,

WHEREAS, public health research and guidance indicates the necessity and efficacy of wearing

cloth face coverings in public settings where social distancing measures are difficult to maintain,

and indicates that the risk of transmission outdoors is less than the risk of transmission indoors;

and,

WHEREAS, public health guidance advises that minimizing physical interactions between

people who do not reside in the same household is critical to slowing the spread of COVID-19;

and,

WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster

Proclamations, the circumstances causing a disaster throughout the State have changed and

continue to change, making definitive predictions of the course the virus will take over the

coming months extremely difficult; and,

WHEREAS, in addition to causing the tragic loss of more than 17,000 Illinoisans and wreaking

havoc on the physical health of tens of thousands more, COVID-19 has caused extensive

economic loss and continues to threaten the financial welfare of a significant number of

individuals and businesses across the nation and the State; and,

WHEREAS, many executive agencies in the State have focused their limited resources on the

ongoing response to the COVID-19 pandemic; and,


21

EXECUTIVE ORDER

WHEREAS, the COVID-19 pandemic has required the Illinois Department of Agriculture

(IDOA) to address the outbreak's impact on the State's food supply chain through regulation and

oversight of meat and poultry facilities and livestock management facilities; and,

WHEREAS, the COVID-19 pandemic's disruption to the livestock market has required IDOA to

concentrate its resources on working with livestock owners and producers in addressing safe and

environmental animal disposal concerns through its oversight and regulation of the Dead Animal

Disposal Act; and,

WHEREAS, IDOA regulates and investigates many other industries that have been directly

impacted by the COVID-19 pandemic including, but not limited to, pesticide applicators, animal

shelters, pet shops, and gas stations, and the continued, proper regulation of these industries

requires IDOA to commit additional time and resources into creating new procedures for

conducting remote investigations and trainings; and,

WHEREAS, the COVID-19 pandemic's detrimental impact to IDOA's regulated industries has

required IDOA to place additional time and resources into organizing and managing the timely

implementation of the Business Interruption Grant Program; and,

WHEREAS, on January 8, 2021, considering the expected continuing spread of COVID-19 and

the ongoing health and economic impacts that that will be felt over the coming month by people

across the State, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, in response to the epidemic emergency and public health emergency described

above, I find it necessary to re-issue Executive Orders 2020-03, 2020-04, 2020-07, 2020-08,

2020-09, 2020-11, 2020-12, 2020-15, 2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23,

2020-24, 2020-25, 2020-26, 2020-27, 2020-28, 2020-29, 2020-30, 2020-34, 2020-35, 2020-36,

2020-40, 2020-41, 2020-42, 2020-45, 2020-47, 2020-50, 2020-53, 2020-56, 2020-57, 2020-60,

2020-61, 2020-62, 2020-63, 2020-64, 2020-65, 2020-66, 2020-67, 2020-68, 2020-69, 2020-70,

2020-72, and 2020-73 and hereby incorporate the WHEREAS clauses of those Executive Orders;

THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to

the Illinois Constitution and Sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Illinois

Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public

health laws, I hereby order the following, effective January 8, 2021:

Part 1: Re-Issue of Executive Orders.

Executive Orders 2020-03, 2020-04, 2020-07, 2020-08, 2020-09, 2020-11, 2020-12, 2020-15,

2020-16, 2020-17, 2020-20, 2020-21, 2020-22, 2020-23, 2020-24, 2020-25, 2020-26, 2020-27,

2020-28, 2020-29, 2020-30, 2020-34, 2020-35, 2020-36, 2020-40, 2020-41, 2020-42, 2020-45,


21

EXECUTIVE ORDER

2020-47, 2020-50, 2020-53, 2020-56, 2020-57, 2020-60, 2020-61, 2020-62, 2020-63, 2020-64,

2020-65, 2020-66, 2020-67, 2020-68, 2020-69, 2020-70, 2020-72, and 2020-73 as follows:

Executive Order 2020-04 (Closure of James R. Thompson Center; waiver of sick

leave requirement for State employees):

Sections 2 and 3 of Executive Order 2020-04 are re-issued and extended through

February 6, 2021. Nothing in Section 2 precludes the Department of Central

Management Services from designating specific points of ingress and egress and

controlling traffic flow in the James R. Thompson Center for State employees, members

of the public attending to State business, and members of the public patronizing the

businesses and food court.

Executive Order 2020-07 (In-person meeting requirements):

Section 6 of Executive Order 2020-07, as amended by Executive Order 2020-33 and

Executive Order 2020-44, is re-issued and extended through February 6, 2021.

Executive Order 2020-08 (Secretary of State operations):

Sections 3, 4, 5, and 6 of Executive Order 2020-08, as amended by Executive Order

2020-39, Executive Order 2020-44, and Executive Order 2020-74, are re-issued and

extended through February 6, 2021.

Executive Order 2020-09 (Telehealth):

Executive Order 2020-09, as amended by Executive Order 2020-52, is re-issued in its

entirety and extended through February 6, 2021.

Executive Order 2020-11 (Illinois Department of Corrections notification period):

Section 4 of Executive Order 2020-11 is re-issued and extended through February 6,

2021.

Executive Order 2020-12 (Health care worker background checks; Illinois

Department of Juvenile Justice notification period):


February 6, 2021.

Executive Order 2020-15 (Suspending provisions of the Illinois School Code):


21

EXECUTIVE ORDER

Sections 5, 6, 7, 8, and 9 of Executive Order 2020-15 are re-issued and extended through

February 6, 2021.

Executive Order 2020-16 (Suspension of classroom training requirement for

security services):

Section 2 of Executive Order 2020-16 is re-issued and extended through February 6,

2021.

Executive Orders 2020-03 and 2020-17 (Cannabis deadlines and applications):

Executive Orders 2020-03 and 2020-17, as modified by Executive Order 2020-18, are re-

issued and shall remain in effect as specified by Executive Order 2020-18.

Executive Order 2020-20 (Public assistance requirements):

Executive Order 2020-20 is re-issued in its entirety and extended through February 6,

2021.

Executive Order 2020-21 (Furlough of Illinois Department of Corrections inmates):


2021.

Executive Order 2020-22 (Placements under the Child Care Act of 1969; fingerprint

submissions under Health Care Worker Background Check Act):

Sections 4, 5, and the Savings Clause of Executive Order 2020-22 are re-issued and

extended through February 6, 2021.

Executive Order 2020-23 (Actions by the Illinois Department of Financial and

Professional Regulation for licensed professionals engaged in disaster response):


2021.

Executive Order 2020-24 (Illinois Department of Human Services Forensic

Treatment Program; investigations of Illinois Department of Human Services

employees):


21

EXECUTIVE ORDER


2021.

Executive Order 2020-25 (Garnishment and wage deductions):



Executive Order 2020-26 (Hospital capacity):


2021.

Executive Order 2020-27 (Cadavers testing positive for COVID-19):


2021.

Executive Order 2020-28 (Industrial radiography certifications):



Executive Order 2020-28 is further amended and revised as follows:

Section 2. For any industrial radiography certification or industrial radiography trainee

certification that expired during the period of the Gubernatorial Disaster Proclamations

issued in 2020, IEMA-DNS may administratively extend terms of existing certifications

for industrial radiographers and industrial radiographer trainees in 90-day increments, not

to exceed a maximum period of nine months beyond the initial 5 or 2 year term, to allow

individuals time to meet the examination criteria. For those certifications expiring in

January 2021 or later, IEMA-DNS may extend terms of existing certifications for a

period of 90 days. Industrial radiographers and industrial radiographer trainees shall meet

all other requirements as set forth by IEMA-DNS.

Executive Order 2020-29 (In-person education or exams for professional insurance

licenses):


2021.


21

EXECUTIVE ORDER

Executive Order 2020-30 (Expired consular identification documents; electronic

filings for the Illinois Human Rights Commission):

Sections, 1, 4, 5, and 6 of Executive Order 2020-30 are re-issued and extended through

February 6, 2021.

Executive Order 2020-34 (Cannabis requirements):


2021.

Executive Order 2020-35 (Illinois Department of Public Health regulatory

activities):

Sections 14, 15, 16, and 17 of Executive Order 2020-35 are re-issued and extended

through February 6, 2021.

Executive Order 2020-36 (Marriage licenses):


2021.

Executive Order 2020-40 (Child Labor Law):


February 6, 2021.

Executive Order 2020-41 (Sports wagering):


2021.

Executive Order 2020-42 (State Fairs):


2021.

Executive Order 2020-45 (Cannabis licenses):

Executive Order 2020-45 is re-issued in its entirety and shall remain in effect as specified

by Executive Order 2020-45.


21

EXECUTIVE ORDER

Executive Order 2020-47 (In-person instruction at preK-12 schools):


2021.

Executive Order 2020-50 (Resuming transfers from county jails to Illinois

Department of Corrections):


2021.

Executive Order 2020-53 (Region 7 mitigations):


2021.



2021.

Executive Order 2020-57 (Cannabis identification cards):


2021.



2021.

Executive Order 2020-61 (Regions 7 and 8 mitigations):


2021.

Executive Order 2020-62 (Region 1 Tier 2 mitigations):


2021.


21

EXECUTIVE ORDER

Executive Order 2020-63 (Regions 4 and 10 mitigations):


2021.



2021.



2021.



2021.



2021.

Executive Order 2020-68 (Cannabis registry identification card renewals):


2021.



2021.

Executive Order 2020-70 (Regions 5, 7, and 8 Tier 2 mitigations):


2021.


21

EXECUTIVE ORDER

Executive Order 2020-72 (Residential eviction moratorium):



Executive Order 2020-72 is further amended and revised as follows:

Section 6. A person or entity may not commence a residential eviction action pursuant to

or arising under 735 ILCS 5/9-101 et seq. against a tenant who does not owe rent unless

the tenant poses a direct threat to the health and safety of other tenants or an immediate

and severe risk to property. A tenant shall not be required to provide a Declaration if they

are covered by this section.

Executive Order 2020-73 (Tier 3 mitigations):


2021.

Part 2: Savings Clause. If any provision of this Executive Order or its application to any person

or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not

affect any other provision or application of this Executive Order, which can be given effect

without the invalid provision or application. To achieve this purpose, the provisions of this

Executive Order are declared to be severable.

Issued by the Governor January 8, 2021

Filed by the Secretary of State January 8, 2021


21

PROCLAMATIONS

2020-76

National Problem Gambling Awareness Month

WHEREAS, on behalf of the residents of Illinois, I am pleased to join the Illinois Department of

Human Services' division of substance Use Prevention and Recovery in promoting March as

National Problem Gambling Awareness Month in Illinois; and,

WHEREAS, promoting awareness provides individuals in the problem gambling community an

opportunity to educate the public and policymakers about the social and financial effectiveness

of services available for problem gambling; and,

WHEREAS, problem gambling is treatable, and treatment is effective in minimizing the harm to

both individuals and society as a whole; and,

WHEREAS, the state offers a myriad of services aimed at treating problem gambling, including

outpatient treatment programs for gambling disorders throughout the state, a toll-free Hotline at

1-800-Gambler, and a website aimed at providing resources for problem gambling at

www.WeKnowTheFeeling.org; and,

WHEREAS, problem gambling is a public health issue affecting millions of Americans of all

ages, races, and ethnic backgrounds in all communities and has a significant societal and

economic cost; and,

WHEREAS, numerous individuals, professionals and organizations have dedicated their efforts

to educating the public about problem gambling and the availability and effectiveness of

treatment; and,

WHEREAS, the Illinois Department of Human Services and the Division of Substance Use

Prevention and Recovery invite all residents of Illinois to participate in National Problem

Gambling Awareness Month.

THEREFORE, I, JB Pritzker, Governor of Illinois, do hereby proclaim the month of March

2020 as National Problem Gambling Awareness Month in Illinois and encourage all citizens to

support the men, women, and youth who are in treatment and recovery for problem gambling

behavior and support their families.

Issued by the Governor March 2, 2020


2020-77

Gerald M. Brookhart Arts in Education Spring Celebration Months


21

PROCLAMATIONS

WHEREAS, the arts are the personification of beauty in the world and help to preserve our

cultural heritage; and,

WHEREAS, arts education, which includes dance, drama, music, and visual arts, is an essential

part of basic instruction for all students, providing them with a balanced education that will aid

in developing their full potential; and,

WHEREAS, the Peoria County Regional Office of Education is committed to the establishment

and continuation of school programs that provide students with the opportunity to achieve

academic excellence, and to the promotion of fine and applied arts programs; and,

WHEREAS, the Gerald M. Brookhart Arts in Education Spring Celebration is held at the Peoria

County Courthouse Plaza and provides a venue for students in pre-Kindergarten through 12th

grade to showcase their works and talents; and,

WHEREAS, the 35th annual Gerald M. Brookhart Arts in Education Spring Celebration will be

held April 15th - May 15th, 2020; and,

WHEREAS, the State of Illinois supports events such as the Gerald M. Brookhart Arts in

Education Spring Celebration and commends the students and teachers who work to bring the

beauty of art to this great state;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby recognize April and

May 2020 as Gerald M. Brookhart Arts in Education Spring Celebration Months in Illinois.



2020-78

Prevent Child Abuse Illinois Day

WHEREAS, Prevent Child Abuse Illinois is a not-for-profit charitable organization incorporated

under the laws of the State of Illinois on October 25, 1990 and is the chartered Illinois chapter of

Prevent Child Abuse America; and,

WHEREAS, Prevent Child Abuse Illinois is the only statewide organization in Illinois dedicated

solely to the prevention of child abuse and neglect; and,


21

PROCLAMATIONS

WHEREAS, Prevent Child Abuse Illinois envisions an Illinois where all children grow up in

healthy, nurturing homes and communities free of abuse, neglect, violence, or endangerment of

any kind; and,

WHEREAS, Prevent Child Abuse Illinois provides substantial leadership in Illinois to prevent

one of the most tragic social issues of our time – the abuse and neglect of children, which

touches the lives of tens of thousands of Illinois children each year: and,

WHEREAS, Prevent Child Abuse Illinois is a strong partner with state government

organizations, social service agencies, schools, religious organizations, law enforcement

agencies, businesses, civic groups, and individual citizens in making child abuse prevention

programs effective in Illinois: and,

WHEREAS, 2020 is the 30th anniversary of the founding of Prevent Child Abuse Illinois;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois do hereby proclaim October 25,

2020 as Prevent Child Abuse Illinois Day for its contributions to the well-being of Illinois

children and families, and I offer my congratulations on the occasion of its 30th Anniversary and

my best wishes for continued success in its efforts.



2020-79

AmeriCorps Week

WHEREAS, service to others is a hallmark of the American character, and, throughout the

county's history, residents have stepped up to meet our challenges by volunteering in their

communities; and,

WHEREAS, since its creation in 1994, the AmeriCorps national service program has proven to

be a highly effective way to engage Americans of all ages and backgrounds in meeting a wide

range of community needs and to promote the ethic of service and volunteering; and,

WHEREAS, each year AmeriCorps programs, including AmeriCorps*State and National,

AmeriCorps*VISTA and AmeriCorps*NCCC, provide opportunities for nearly 75,000 residents

across the nation, including more than 2,300 in Illinois, to give back in an intensive way to our

communities, our state, and our country; and,

WHEREAS, more than 1,000,000 people across the nation, including more than 45,000 from

Illinois, have taken the AmeriCorps pledge to "get things done" since 1994; and,


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PROCLAMATIONS

WHEREAS, those Illinois AmeriCorps Members have served more than 64 million hours;

which equates to over $1.7 billion in impact for Illinois, by helping improve the lives of our

state's most vulnerable residents, strengthening our educational system, protecting our

environment, and contributing to our public safety; and,

WHEREAS, last year AmeriCorps Members in Illinois recruited over 18,000 volunteers, served

over 366,000 Illinoisans, provided more than 2.1 million hours of service valued at over $59

million, and helped to leverage more than $42 million in cash and in-kind resources; and,

WHEREAS, residents of Illinois have earned more than $157 million in Segal AmeriCorps

Education Awards to help pay for college or pay back student loans since 1994; and,

WHEREAS, AmeriCorps members, after their terms of service, remain engaged in our

communities as volunteers, teachers, public servants, and nonprofit leaders in disproportionately

high levels; and,

WHEREAS, the Serve Illinois Commission on Volunteerism and Community Service and the

federal Corporation for National and Community Service play a key role in determining where

AmeriCorps resources should be directed to meet state and local needs;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim March 8-14,

2020 as AmeriCorps Week in Illinois and urge residents to thank AmeriCorps Members and

alumni for their service and to find ways to give back to their communities at

www.Serve.Illinois.gov.



2020-80

Peripartum Cardiomyopathy Awareness Week

WHEREAS, Save the Mommies, established in 2017, is a dedicated non-profit organization to

help raise awareness of peripartum cardiomyopathy (PPCM), a pregnancy related heart failure;

and,

WHEREAS, Illinoisans would like to lead the efforts to increase such awareness; and,

WHEREAS, increasing awareness of this condition could result in saving lives of young

mothers and families in Illinois and worldwide by bringing attention to this important condition

that greatly contributes to the rising maternal mortality rate; and,


21

PROCLAMATIONS

WHEREAS, PPCM is not yet given the awareness it needs by other national organizations, Save

The Mommies attempts to bridge the gap in much needed awareness for one of the leading

causes, if not the leading cause, of death in pregnant or postpartum women; and,

WHEREAS, survivors of PPCM − including the president and founder of Save The Mommies

and its board members − have been personally affected by a misdiagnosis of this deadly

pregnancy heart failure condition due to lack of awareness and education in society and the

medical community; and,

WHEREAS, Save The Mommies and PPCM survivors are committed to educating and raising

awareness and aid in research to save women from a diagnosis of PPCM to assist in the

awareness of this condition so they can better advocate for themselves during and after

pregnancy; and,

WHEREAS, PPCM affects women worldwide and therefore requires global attention and

mandatory education of existing medical staff and in medical schools around the world;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim May 3-9,

2020 as Peripartum Cardiomyopathy Awareness Week in Illinois.



2020-81

¡Vive tu Vida! Get Up! Get Moving! Wellness Day

WHEREAS, Hispanic communities in Illinois and throughout the United States are faced with

many challenges every day, including maintaining health and wellness; and,

WHEREAS, with a Hispanic population of nearly 16.9 percent, Illinois recognizes the need to

confront the challenges the community faces with a proactive strategy to strengthen community

alliance and networks; and,

WHEREAS, it is important to ensure the state's Hispanic communities receive culturally-

proficient and linguistically-appropriate service, with the goal of promoting healthy behaviors

and reducing the risk of illness and injury; and,

WHEREAS, to maximize and coordinate efforts among city and state organizations to promote

healthy lifestyle awareness in Chicago's Hispanic communities, the Chicago Hispanic Health

Coalition, Illinois Department of Human Service, and Illinois Department of Public Health are


21

PROCLAMATIONS

joining together with its member agencies and the National Alliance for Hispanic Health to

sponsor "Vive tu Vida! Get Up! Get Moving!"; and,

WHEREAS, thousands of people are expected to attend "Vive tu Vida! Get Up! Get Moving!"

events in cities across the country; and,

WHEREAS, this year, Chicago will host a "Vive tu Vida! Get Up! Get Moving! event on May

30th;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim May 30th,

2020 as ¡Vive tu Vida! Get Up! Get Moving! Wellness Day in Illinois and encourage all

residents to recognize the need to increase health awareness in the Hispanic community and to

support the efforts of those participating in this important event.



2020-82

Apraxia Awareness Day

WHEREAS, May 14th, 2020 marks the seventh annual Childhood Apraxia of Speech Day

during which awareness will be raised throughout Illinois about childhood apraxia of speech

(CAS), an extremely challenging speech disorder in children; and,

WHEREAS, CAS causes children to have significant difficulty learning to speak and is among

the most severe speech deficits in children; and,

WHEREAS, the act of learning to speak comes effortlessly to most children, those with apraxia

endure an incredible and lengthy struggle; and,

WHEREAS, without appropriate speech therapy intervention, children with apraxia are placed

at high risk for secondary impacts in reading, writing, spelling, and other school-related skills;

and,

WHEREAS, that such primary and secondary impacts diminish future independence and

employment opportunities if not resolved or improved; and,

WHEREAS, most children with apraxia of speech will learn to communicate with their voices

only if they receive early intervention, appropriate, intensive, and frequent speech therapy; and,


21

PROCLAMATIONS

WHEREAS, funders such as insurance providers, schools, and policy makers are encouraged to

recognize the critical need to provide adequate speech therapy and other services, so that the

impact of this disorder is minimized and so that thousands of affected children can grow into

productive, contributing adult citizens; and,

WHEREAS, our highest respect goes to these children, as well as their families, for their effort,

determination and resilience in the face of such obstacles;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby recognize May 14th,

2020 as Apraxia Awareness Day in Illinois and encourage all Illinois residents and citizens of

Illinois to work within their communities to increase awareness and understanding of childhood

apraxia of speech.



2020-83

Blount's Disease Day

WHEREAS, there are nearly 7,000 diseases and conditions considered rare (each affecting

fewer than 200,000 Americans) in the United States, according to the National Institutes of

Health (NIH); and,

WHEREAS, Blount's disease is considered a rare disease affecting less than one percent of the

population in the US, with no supporting organization and not enough research; and,

WHEREAS, Blount's disease is a developmental disorder characterized by abnormality in the

growth plate in the upper part of the tibia that causes pain and can lead to deformity and arthritis

issues in the future; and,

WHEREAS, individuals affected by Blount's disease often experience problems such as

difficulty finding a medical expert, and lack of access to research and treatment; and,

WHEREAS, the cause of Blount's disease is unknown and patients and caregivers who have this

rare disease will now participate in this observance;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim April 2,

2020 Blount's Disease Day.




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PROCLAMATIONS

2020-84

Fabry Disease Awareness Month

WHEREAS, Fabry disease is a progressive, destructive, inherited disorder that causes children

and adults to experience many symptoms that diminish their quality of life and may lead to

premature death in adults due to strokes, kidney failure, and heart failure; and,

WHEREAS, Fabry disease is caused by deficient activity of the lysosomal enzyme alpha-

galactosidase A that results in buildup of lipids in the body causing cell and organ damage; and,

WHEREAS, there are two approved treatments available, but because the disease is severely

under-diagnosed, many people live without an accurate diagnosis or opportunity for treatment

until after irreversible organ damage occurs; and,

WHEREAS, newborn screening has now been performed in several countries, yielding a

prevalence ranging from 1:1,368 to 1:8,882. This is in contrast to earlier presumed prevalence of

1:40,000-1:117,000; and,

WHEREAS, health care providers and families should be aware of the many Fabry disease

symptoms and if warranted, obtain a GLA gene test that can definitively assess the presence of

this treatable disorder;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby declare April 2020 as

"Fabry Disease Awareness Month" in Illinois and urge the residents of this state to learn about

Fabry disease and assess their family's risk.

Issued by Governor March 11, 2020


2020-85

National School Breakfast Week

WHEREAS, the School Breakfast Program has served our nation admirably since it was

permanently established in 1975; and,

WHEREAS, the state of Illinois is dedicated to expanding access to and enhancing current

school breakfast programs throughout the state to ensure our children are provided with the

means to succeed; and,


21

PROCLAMATIONS

WHEREAS, frequent studies have shown meals provided at school not only contribute to the

nutritional needs of students, but also significantly increase and enhance their ability to learn;

and,

WHEREAS, Breakfast After the Bell programs, which make breakfast part of the school day,

are desirable and effective ways of ensuring more students realize the benefits of breakfast; and,

WHEREAS, the Community Eligibility Provision offers high-need Illinois schools the

opportunity to serve breakfast to all students at no cost. This provision has the added benefits to

schools of reducing administrative costs, eliminating the collection of paper applications,

streamlining meal service operations, and increasing the reimbursements schools receive from

federal child nutrition programs; and,

WHEREAS, more than 74 million school breakfast are served yearly to students at more than

3,400 schools in Illinois;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim March 2-6,

2020, as National School Breakfast Week and I encourage all residents to recognize the efforts

made by schools, their school food service professionals, and school administrators to ensure the

health, safety, and success of our children.



2020-86

Public Health Week

WHEREAS, the week of April 6-12, 2020 is National Public Health Week, and the theme is

"NPHW@25: Looking Back, Moving Forward"; and,

WHEREAS, the observation is a cooperative effort of the American Public Health Association,

the Illinois Public Health Association, state and local health departments, academic institutions,

allied organizations, community groups, and professional and trade associations which have

joined together to promote a common interest in public health; and,

WHEREAS, inside health departments in every corner of the state, public health workers ensure

the basic foundations necessary for good health − clean water, safe food, breathable air, and

access to life-saving vaccines; and,


21

PROCLAMATIONS

WHEREAS, public health action, together with scientific and technologic advances, has played

a major role in reducing, and in some cases eliminating, the spread of infectious disease and in

establishing today's disease surveillance and control systems; and,

WHEREAS, strong and consistent funding levels are necessary for the public health system to

respond to both everyday health threats and unexpected health emergencies;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim the week of

April 6-12, 2020 as Public Health Week in Illinois and call upon residents to observe this week

by helping our families, friends, neighbors, co-workers, and leaders better understand the value

of public health and to celebrate public health's accomplishments in light of this year's theme,

NPHW@25: Looking Back, Moving Forward.



2020-87

Women Veterans Recognition Month

WHEREAS, women have a long and often unrecognized history of serving in the Armed

Forces; and,

WHEREAS, throughout our history, women have been among the patriots who have defended

our land and liberty from every enemy; and,

WHEREAS, women have served in occupations from pilot to nurse, in both peacetime and war;

we owe all of them a special debt of gratitude for their part in advancing the promise of freedom;

and,

WHEREAS, women have demonstrated great skill, sacrifice, and commitment to defending the

principles upon which our nation was founded; and,

WHEREAS, we do well to recall that we owe appreciation to our many veterans of military

service who are women; and,

WHEREAS, there are approximately 2.2 million living women veterans in the United States and

its territories with an estimated 50,000 women veterans who call the state of Illinois home; and,

WHEREAS, the state of Illinois is proud to honor women veterans throughout the month of

March, to recognize the courage, honor, and dignity with which women have served and

continue to serve in defense of our nation;


21

PROCLAMATIONS

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim March 2020

as Women Veterans Recognition Month in Illinois, and encourage all residents to honor those

women veterans who have courageously served their country.



2020-88

Day of Prayer

WHEREAS, the 69th annual observance of the National Day of Prayer will be held on Thursday,

May 7, 2020; and,

WHEREAS, the First Continental Congress proposed a day of public prayer in 1775 in support

of building the nation, a tradition that informally guided the United States for over one hundred

years until the U.S. Congress approved a joint resolution setting aside an annual day to honor the

act of prayer in 1952; and,

WHEREAS, Public Law 100-307 directs the President of the United States to set aside and

annually proclaim the first Thursday of May as a National Day of Prayer; and,

WHEREAS, leaders and all people of our nation are afforded the privilege of prayer, as well as

the freedom to choose how and if they honor a guiding faith; and,

WHEREAS, a Day of Prayer serves as a reminder of the values of compassion and goodwill that

tie us to one another, a shared day to honor prayer as means by which we can consider the

struggle of others,

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim, May 7,

2020, as a Day of Prayer throughout the state of Illinois.

Issued by the Governor May 4, 2020


2020-89

Foster Parent Appreciation Month

WHEREAS, each year more than 4,000 Illinois children who have been abused or neglected

cannot remain with their families safely, and these children need and deserve the temporary safe

haven of a family home where they can be protected, nurtured and loved; and,


21

PROCLAMATIONS

WHEREAS, without volunteer foster families, the Illinois Department of Children and Family

Services would not be able to fulfill its mission to provide for the well-being of the nearly 17,000

children currently in its care; and,

WHEREAS, the department and its nonprofit partners provide a wide range of supports to assist

foster families in meeting not only a child's basic physical needs but to also ensure their

educational, emotional and social well-being needs are met, none of which can be achieved

without the dedication of foster families; and,

WHEREAS, foster families answer a noble calling to devote their time and energy to children,

to reunite families when possible, support other permanency options and create opportunities for

a successful transition to adulthood; and,

WHEREAS, it is impossible to quantify the ways foster parents change lives, and they deserve

the utmost respect and gratitude for the lasting impact they have in the life of a child, in their

communities and on the next generation of this state;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do proclaim May 2020 as

FOSTER PARENT APPRECIATION MONTH in Illinois, extending thanks on behalf of all the

people of Illinois to the thousands of Illinois foster families, and encouraging all to consider

joining them in their noble service to children, communities and our state.



2020-90

National Nurses Week and National Nurses Day

WHEREAS, the year 2020 marks the 200th birthday of Florence Nightingale the founder of

modern nursing and a leader in establishing infection control and general healthcare protocols;

and,

WHEREAS, nurses work collaboratively with physicians, other healthcare clinicians, and

wellness practitioners to serve and care for individuals, families, and communities; and,

WHEREAS, professional nursing has been demonstrated to be a crucial component of safe and

high-quality care, with nurses accounting for the majority of patient contact with healthcare

workers; and,


21

PROCLAMATIONS

WHEREAS, nurses play a vital role in providing health services − devoting their lives to caring

for others; giving lifesaving immunizations and health advice; looking after older people and

generally meeting everyday essential health needs; and,

WHEREAS, nurses worked tirelessly and selflessly to see the world through the 1918 flu

pandemic, the Polio epidemic, the Ebola crisis, and now the COVID-19 pandemic, once again

demonstrating their immeasurable value and critical role in building a strong health system; and,

WHEREAS, while nurses face the daily threat of contracting the illnesses they fight, their role is

critical in processing, assessing and triaging patients efficiently, managing medical supplies and

equipment, enforcing sanitation, and educating their patients and the general public on how to

stay healthy; and,

WHEREAS, despite the risks associated with their jobs, nurses remain strong and steadfast in

their dedication to their patients who will forever appreciate their help, and as the global need for

nurses continues to rise, we should do everything in our power to recognize and appreciate the

importance of the profession to all Illinoisans;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim May 6-12,

2020, NATIONAL NURSES WEEK in Illinois and May 12th as NATIONAL NURSES DAY in

Illinois, and ask all residents of Illinois to join me in expressing our gratitude to these brave

healthcare workers who, without hesitation, answer the call every single day − and let them

know we see them, we honor them, we salute them, and we thank them for being our heroes.



2020-91

Peace Officers Memorial Day

WHEREAS, the dedicated members of law enforcement selflessly serve to protect the lives and

safety of Illinois residents as well as visitors to our great state; and,

WHEREAS, those who work in law enforcement face great risks and willingly put their lives on

the line to keep our families and our communities safe; and,

WHEREAS, peace officers are skilled professionals who must act as counselors,

communicators, and experts at crisis intervention; and,

WHEREAS, peace officers must protect and defend our lives, our personal safety and our

property while maintaining a professional demeanor in stressful situations; and,


21

PROCLAMATIONS

WHEREAS, we could not live safely and comfortably in our communities without the hard

work and sacrifices made each day by the peace officers employed by state, county and

municipal governmental units; and,

WHEREAS, it is our duty to recognize peace officers for their hard work and dedication, and to

honor the memory of those officers who have given their lives in the performance of their duties;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby declare May 15,

2020, as PEACE OFFICERS MEMORIAL DAY in Illinois, and order all persons or entities

governed by the Illinois Flag Display Act to fly their flags at half-staff from sunrise to sunset on

this day in honor of the heroism of all our law enforcement officers, especially those who have

given their lives in the service of their communities.



2020-92

Congenital Diaphragmatic Hernia Awareness Month

WHEREAS, a congenital diaphragmatic hernia (CDH) is a birth defect that occurs during fetal

development causing a hole in an infant's diaphragm, allowing organs to migrate through the

hole and crowding the abdomen, and ultimately may cause the infant's lungs to be small and

underdeveloped; and,

WHEREAS, since the year 2000 an estimated 700,000 babies worldwide have been born with

CDH; and,

WHEREAS, 1,600 newborns are affected by CDH in the United States every year with only

about half surviving past infancy; and,

WHEREAS, CDH is as common as spina bifida and cystic fibrosis but is not as well-known;

and,

WHEREAS, those with CDH often endure multiple surgeries and possible medical

complications, which can include heart defects, pulmonary complications, gastric and intestinal

problems, developmental delays, and may require respiratory and medicinal support for years;

and,


21

PROCLAMATIONS

WHEREAS, raising awareness of this congenital defect will help bring about acceptance and

support for those suffering with CDH and their families, and will lead to urgently needed

research and medical advances;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim April 2020,

to be Congenital Diaphragmatic Hernia Awareness Month, and urge all residents of Illinois to

take cognizance of this event and participate fittingly in its observance.



2020-93

Parkinson's Disease Awareness Month in Illinois

WHEREAS, Parkinson's Disease is a chronic, progressive disorder of the nervous system that

affects movement for which there is currently no cure; and,

WHEREAS, one million people in the United States are currently living with Parkinson's

disease, with an additional 50,000-60,000 new cases diagnosed each year; making Parkinson's

disease the 14th leading cause of death in the US according to the Centers for Disease Control;

and,

WHEREAS, every day the American Parkinson Disease Association provides the support,

education, and research that helps everyone impacted by Parkinson's disease live life to the

fullest, through research, patient and family services, education and more; and,

WHEREAS, increased efforts and awareness are desperately needed to help expedite the

research efforts into better treatments, medications and ultimately a cure, as well as enhanced

programs and services to help those impacted by Parkinson's disease live life to the fullest until a

cure is found; and,

WHEREAS, the world, the nation, and the state of Illinois observe Parkinson's Disease

Awareness Month in April 2020; and,

WHEREAS, the state of Illinois recognizes the efforts of the Midwest Chapter to raise funds and

promote awareness to fight Parkinson's disease, thereby improving the quality of life for those

living with the disease;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, in recognition of more than 55

years of indispensable services of the American Parkinson Disease Association and to the


21

PROCLAMATIONS

residents of Illinois do hereby proclaim April 2019 Parkinson's Disease Awareness Month in

Illinois.



2020-94

Illinois Community College Month

WHEREAS, America's first public community college was established in Joliet, Illinois, in

1901; and,

WHEREAS, today the Illinois Community College System is the third largest in the nation, with

48 community colleges and 39 college districts located throughout the state; and,

WHEREAS, according to the Illinois Community College Board, Illinois community colleges

educate 60 percent of the students enrolled in Illinois public higher education; and,

WHEREAS, Illinois is #1 in the nation in bachelor's degree completion rates among community

college students of whom 58 percent transfer; and,

WHEREAS, nine out of 10 of the state's community college graduates live, work, pay taxes, and

raise their families in Illinois; and,

WHEREAS, earning an Associate of Applied Science or long-term certificate from an Illinois

community college adds more than $570,000 in lifetime earnings; and,

WHEREAS, nearly 74 percent of Illinois employers have hired a community college graduate;

and,

WHEREAS, Illinois community colleges have partnered with local school districts to offer

10,994 dual credit courses to 58,000 high school students; and,

WHEREAS, Illinois community colleges share a common mission to prepare people for the

workforce, to transfer students to other colleges and universities, and to continually respond to

the communities they serve through adult, literacy, and continuing education services;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim April 2020

to be Illinois Community College Month in honor of the Illinois Community College System and

the significant contribution these institutions are making to the strength, vitality, and prosperity

of our state.


21

PROCLAMATIONS

Issued by the Governor June 4, 2020


2020-95

Illinois Pollinator Week

WHEREAS, pollinator species such as birds and insects are essential partners of farmers and

ranchers in producing much of our food supply; and,

WHEREAS, pollination plays a vital role in the health of our national forests and grasslands,

which provide forage, fish and wildlife, timber, water, mineral resources, and recreational

opportunities as well as enhanced economic development opportunities for communities; and,

WHEREAS, pollinator species provide significant environmental benefits that are necessary for

maintaining healthy, biodiverse ecosystems; and,

WHEREAS, the state of Illinois has managed wildlife habitats and public lands such as Illinois

prairies, wetlands and forests for decades; and,

WHEREAS, the state of Illinois provides farmers and ranchers with conservation assistance to

promote wise conservation stewardship, including the protection and maintenance of pollinators

and their habitats on working lands and wildlands; and,

WHEREAS, the Illinois Environmental Protection Agency, Illinois Department of Natural

Resources, Illinois Department of Agriculture and Illinois Department of Transportation are

overseeing the Illinois Monarch Project and the creation of the Illinois Monarch Action Plan;


June 22-28, 2020 as ILLINOIS POLLINATOR WEEK throughout the state of Illinois, and urge

all residents to recognize this observance.



2020-96

American Eagle Day

WHEREAS, the bald eagle was designated as the United States of America's national emblem

on June 20, 1782, by the founding fathers at the Second Continental Congress; and,


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PROCLAMATIONS

WHEREAS, the bald eagle is unique to North America and represents such American values

and attributes as freedom, courage, strength, spirit, justice, equality, and excellence; and,

WHEREAS, the bald eagle is the central image used in the Great Seal of the United States and

in the logos of many branches of the U.S. government, including the Presidency; Congress;

Departments of Commerce, Defense, Justice, State, and Treasury; and U.S. Postal Service; and,

WHEREAS, the bald eagle was federally classified as an "endangered species" in the lower 48

states under the Endangered Species Act in 1973, was upgraded to a less imperiled "threatened"

status under that Act in 1995, and is currently making a gradual comeback to America's skies;

and,

WHEREAS, the Department of Interior and U.S. Fish and Wildlife Service delisted the bald

eagle from Endangered Species Act protection in 2007, but the bald eagle continues to be

protected under the Bald and Golden Eagle Act of 1940 and the Migratory Bird Treaty Act of

1918;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim June 20,

2019, as American Eagle Day in Illinois and encourage all residents to join in support of the

majestic bald eagle's continuing recovery and protection of its precious natural habitat, and in

commemorating the living and symbolic presence of our national bird.



2020-97

Pollution Control Board Day

WHEREAS, the Pollution Control Board was created in 1970 with the enactment of Illinois'

Environmental Protection Act; and,

WHEREAS, the Board is charged with developing environmental rules and standards,

adjudicating complaints alleging violation of the Act and regulations; considering requests for

regulatory relief, and providing a forum to appeal specified administrative actions; and,

WHEREAS, in the 50 years since its creation, more than 50 persons have served on the Board,

providing expertise in law, science, and engineering as well as experience in state and local

government, educational institutions, environmental organizations, and the private sector; and,

WHEREAS, the Board encourages public participation in all its proceedings to ensure that its

decisions consider the fullest possible range of information and positions; and,


21

PROCLAMATIONS

WHEREAS, the Board makes its decisions and other documents available to the public free of

charge, and uses new technologies to make its work as accessible as possible; and,

WHEREAS, the Board works diligently in its rulemaking process to protect Illinois'

environmental and public health while fully considering the technical feasibility and economic

reasonableness of proposed regulation; and,

WHEREAS, the Board strives to maintain a fair and open process when adjudicating contested

environmental cases including enforcement actions and permit appeals; and,

WHEREAS, the Board has played and will continue to play an important role in implementing

Illinois' environmental programs;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, proclaim July 1, 2020, as

Pollution Control Board Day on the occasion of its 50th anniversary and commend it for the

important role it has played since 1970 in protecting the environment of Illinois and the health

and well-being of its people.



2020-98

Bob Molaro Day

WHEREAS, the State of Illinois, its Governor and its citizens, are grateful for the dedication of

its elected public servants in advocating and working for the general good of the State, with

integrity, selflessness and compassion; and,

WHEREAS, the State of Illinois, its Governor and its citizens, are reliant on and benefited by

private agents of an engaged democracy to liaise in the cooperative relationship between

lawmakers, local municipalities, businesses, community organizations and the public-at-large;

and,

WHEREAS, Robert "Bob" Molaro served for a decade as a thrice-elected Illinois State Senator

of the 12th district; and,

WHEREAS, during his three terms in the Senate, Senator Molaro served as Democratic

spokesman of the Senate Licensed Activities Committee, the Higher Education Committee and

as the Democratic spokesperson of the Senate Executive Committee; and,


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PROCLAMATIONS

WHEREAS, Senator Molaro has also served on the Committees on Insurance, Pensions and

Licensed Activities, Judiciary, and Transportation, and the Pension Laws Commission; and,

WHEREAS, upon retirement from the Illinois State Senate, Bob Molaro was elected to the

Illinois House of Representatives to serve as legislator for the 21st district; and,

WHEREAS, during his three terms in the Illinois House, Representative Molaro chaired the

Criminal Law Judiciary Committee, the Revenue Committee, and also served prominently on

committees for Gaming, Public Safety Appropriations, Mass Transit and Executive Leadership;

and,

WHEREAS, Bob Molaro achieved numerous legislative accomplishments as both a Senator and

Representative which have enhanced the quality of life for the people of his culturally and

racially diverse legislative districts; and,

WHEREAS, Bob Molaro was a compassionate advocate of criminal sentencing moderation,

animal rights including a ban on shooting preserves and horse slaughter for human consumption,

and protection for victims of child abuse and sex crimes; and,

WHEREAS, Bob Molaro was known and respected as a champion of Illinois horseracing and its

attendant agribusinesses, who promoted legislation to modernize the sport and establish parity

with other Illinois gaming interests, including advanced deposit mobile and online wagering,

impact fee collection and distribution, and allowance for casino-style gaming at race tracks,

thereby saving an historic Illinois industry; and,

WHEREAS, upon his retirement from Legislative service, Bob Molaro established a business of

government relations to advocate for cooperation between public and private sectors of Illinois

for the general betterment of the quality-of-life and working conditions within the State; and,

WHEREAS, Bob Molaro enlightened all with whom he worked with his studious understanding

of complicated civic issues, his enduring respect for competing opinions, and his humble humor

and general affection for all people;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, let it be resolved by declaration

that henceforth June 29th, the day of his birth, be known as Bob Molaro Day to recognize his

achievements as a trusted servant to the public of Illinois, and as a passionate citizen-advocate

for the common good of our State.




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PROCLAMATIONS

2020-99

Honorary Poet Laureate

WHEREAS, John Prine's legendary musical career spanned five decades of writing songs that

captured the human experience of everyday Americans leading to him being recognized as one

of his generation's most influential singer/songwriters; and,

WHEREAS, he was born in Maywood, Illinois on October 10, 1946 and began playing the

guitar at age 14; and,

WHEREAS, Prine worked as a mailman following high school and again upon returning from

serving two years with the U.S. Army in Germany; he wrote many of his early songs while

walking his mail route; and,

WHEREAS, he attended classes at Chicago's Old Town School of Folk Music and was an

integral part of the city's folk revival scene in the late 1960s; and,

WHEREAS, in 1970 while playing at The Fifth Peg club, Prine received a fortuitous review by

then Chicago Sun Times film critic Roger Ebert headlined 'Singing Mailman Delivers a Powerful

Message in a Few Words;' this was his first publicity and it launched him onto the Chicago folk

music scene; and,

WHEREAS, John Prine's self-titled debut album was released in 1971 and included some of his

most well-known songs including "Illegal Smile," "Hello in There," "Sam Stone," "Paradise,"

and "Angel from Montgome,y;" the album was named on Rolling Stone magazine's list of 500

Greatest Albums of All Time (#452); and,

WHEREAS, his work has been recorded by artists such as Johnny Cash, Kris Kristofferson, and

Bonnie Raitt and influenced the likes of Bob Dylan, Norah Jones, and Roger Waters; recently he

was a mentor to a new generation of artists including Jason Isbell, Brandi Carlile, Sturgill

Simpson, Dan Auerbach, and Kacey Musgraves; and,

WHEREAS, throughout his career Prine released 18 studio albums, won two Grammy Awards

(11 nominations), was named Artist of the Year three times by the Americana Music Honors &

Awards, received the 2020 Grammy Lifetime Achievement Award, and was inducted into the

Songwriters Hall of Fame, among many other accolades; and,

WHEREAS, in 2005 he was the first singer-songwriter to read and perform at the Library of

Congress by invitation of U.S. Poet Laureate Ted Kooser. Kooser spoke of Prine as a "truly

original writer, unequaled, and a genuine poet of the American people" and that "he did a better


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PROCLAMATIONS

job of holding up the mirror of art to the '60s and '70s than any of our official literary poets;"

and,

WHEREAS, on April 7, 2020, John Prine danced off life's stage at the age of 73 from

complications related to COVID-19; and,

WHEREAS, he leaves behind an unparalleled musical legacy and was beloved by family and

millions of fans.who hope that in Heaven he finds Paradise waitin' just as he longed for;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby bestow upon John

Prine the designation of Honorary Poet Laureate to honor and celebrate his lifetime of

contributions as a writer and poet.



2020-100

Chronic Disease Awareness Day

WHEREAS, chronic disease affects millions of individuals throughout the nation and accounts

for seven of the top 10 causes of premature death in Americans throughout the United States;

and,

WHEREAS, hundreds of thousands of Americans suffer daily from unpreventable and costly

chronic and rare conditions, as well as conditions such as cardiovascular disease, stroke,

diabetes, cancer, and obesity; and,

WHEREAS, Chronic Disease Day promotes actionable resources to reduce individual risk and

lower the rate of chronic disease in America and spreads awareness so to help patients make

healthy choices and access preventative care; and,

WHEREAS, community advocacy organizations, healthcare professionals, and federal, state and

local governments together recognize the 10th day of the year's 7th month as Chronic Disease Day

in honor of the 7 in 10 people who will eventually lose their life to a chronic condition;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim July 10,

2020, as Chronic Disease Awareness Day in the state of Illinois.

Issued by the Governor July 9, 2020



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PROCLAMATIONS

2020-101

ISEPS 50 Years of Service Day

WHEREAS, most people rank sight as the most important of their senses with, according to the

American Academy of Ophthalmology, as many as 70 percent of Americans saying they would

miss eyesight more than any other sense while nearly 37 million Americans over the age of 40

suffer from potentially blinding eye diseases such as cataracts, glaucoma, age-related macular

degeneration and diabetic retinopathy and some 2.4 million eye injuries occur in the United

States every year; and,

WHEREAS, ophthalmologists are medical doctors who specialize in medical and surgical

treatment of eye conditions and comprehensive vision care; and,

WHEREAS, the Illinois Society of Eye Physicians and Surgeons was established on July 20,

1970, by 16 pioneering ophthalmologists who saw a benefit in organizing the profession in

Illinois for the purposes of education, research and advocating for improvements in quality care

and safety of patients, and now represents the aspirations of more than 700 ophthalmologists

practicing in the state, as well as 100 residents and fellows who are training in Illinois; and,

WHEREAS, the annual educational conference of the Illinois Society of Eye Physicians and

Surgeons led by President Doctor Sohail Hasan, in partnership with the Chicago

Ophthalmological Society, is one of the largest state conferences in the nation; and,

WHEREAS, the ISEPS Global Ophthalmology Foundation was recently established to support

charitable projects for those in need of eye care here in Illinois and abroad;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim July 20,

2020, to be ISEPS 50 Years of Service Day in honor of the founding of the Illinois Society of

Eye Physicians and Surgeons and congratulate all ophthalmologists in the State for their work

every day to preserve the vision and eye health of Illinois citizens.



2020-102

Wind Week in Illinois

WHEREAS, wind energy is the largest provider of renewable energy in the country; and,


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PROCLAMATIONS

WHEREAS, Illinois is the 3rd fastest growing state for new wind production, ranks sixth in the

nation for installed wind capacity and became the sixth state to exceed 5,000 MW of operating

wind in 2019 according to the American Wind Energy Association; and,

WHEREAS, Illinois is home to 34 active wind energy manufacturing facilities and almost

14,000 total jobs supported by wind and solar, cementing our ranking as third in the nation in

wind industry employment; and,

WHEREAS, wind powers opportunity in cities and communities all across Illinois, generating in

$49 million in annual state and local tax payments and $37 million in annual lease payments to

Illinois farmers; and,

WHEREAS, wind farms in Illinois have attracted nearly $11.4 billion in investment to date,

helping to spur critical investments in communities that fund manufacturing jobs, education

programs, and local economic development projects; and,

WHEREAS, the advancements in wind power will greatly enhance our ability to attract new

businesses and talent to our state and community, and will continue to grow as a major force in

the U.S. economy;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, hereby proclaim August 9th-15th

Wind Week in Illinois in recognition of American Wind Week, and encourage all Illinois

citizens to learn more about the benefits of wind energy in our communities and celebrate

Illinois' leadership in renewable energy production.



2020-103

Gastroparesis Awareness Month

WHEREAS, gastroparesis is a chronic illness which, according to National Institutes of Health

(NIH) estimates, affects more than five million people in the United States, yet is little known or

understood; and,

WHEREAS, gastroparesis is "paralysis of the stomach" which is characterized by sometimes

debilitating pain, nausea, vomiting, and early satiety, and can lead to serious complications such

as malnourishment, dehydration, extreme weight fluctuations, esophageal damage, and

dangerously erratic blood sugar levels; and,


21

PROCLAMATIONS

WHEREAS, there is little awareness, no known cure, and few consistently safe, reliable, and

effective medications or treatments; and,

WHEREAS, we seek further research, improved medications, additional treatment options,

better support, and hope for our future; and,

WHEREAS, we seek to educate the citizens of our state, the medical community, and the

general public regarding the devastating effects of this disorder and promote awareness of our

condition for the good of the public health;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim the month

of August 2020, Gastroparesis Awareness Month.

Issued by the Governor August 7, 2020


2020-104

Immunization Awareness Week in Illinois

WHEREAS, vaccines are one of the safest and most effective methods to protect children and

adults from more than a dozen vaccine-preventable diseases such as chickenpox and whooping

cough, which remain common in the United States, and to prevent rare infectious diseases, such

as measles, from spreading quickly; and,

WHEREAS, every year thousands of adults in the U.S. are hospitalized due to vaccine-

preventable diseases; and,

WHEREAS, adults should also receive certain vaccines, such as an influenza vaccine each year,

as well as tetanus and diphtheria boosters every 10 years; additionally, it is recommended that

adults over the age of 50 receive the shingles vaccine and adults over the age of 65 are

recommended to receive both pneumococcal vaccines; and,

WHEREAS, it has only become more important during the COVID-19 pandemic for all adults

and children to maintain the recommended vaccine schedule to help prevent resurgences of

preventable diseases; and,

WHEREAS, in 2019, 58.9 percent of children had received the full doses of the standard

childhood vaccine series, and all children should receive these vital immunizations; and,

WHEREAS, influenza has many similar symptoms to COVID-19, it remains important for

adults and children to receive the flu shot during the COVID-19 pandemic to protect themselves


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PROCLAMATIONS

from a vaccine-preventable disease and to reduce the amount of healthcare resources dedicated

to caring for flu patients;

THEREFORE, I, JB Pritzker, do hereby declare August 2020 as Immunization Awareness

Month in the State of Illinois and urge residents of all ages to talk with their health care provider

about the vaccines necessary to help keep themselves and their communities safe.



2020-105

IARF Membership Appreciation Week

WHEREAS, IARF member agencies provide services and supports in more than 900 locations

across the state of Illinois to adults and children with intellectual and developmental disabilities

and serious mental illness; and,

WHEREAS, IARF members serve the entire state of Illinois from Galena to Karnak, Chicago to

Metro East St. Louis, and Quincy to Danville; and,

WHEREAS, the hard work that is done day in and day out and the dedication to the

development and improvement of services in Illinois from IARF members is remarkable; and,

WHEREAS, the state of Illinois is proud to stand with all of you and applaud the critical work

you are doing during this difficult point in history;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim August 24-

28, 2020 as IARF Membership Appreciation Week to recognize the dedication and vital role

IARF members play in enhancing the lives of adults and children with intellectual and

developmental disabilities and serious mental illness. On behalf of the people of Illinois, I offer

my best wishes for a safe, enjoyable, and fun, 2020 IARF Membership Appreciation Week.



2020-106

Illinois Rail Safety Week

WHEREAS, 104 crashes occurred at public highway-rail grade crossings, resulting in 26

personal injuries and 19 fatalities in the State of Illinois during 2019; and,


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PROCLAMATIONS

WHEREAS, 48 trespassing incidents occurred in the State of Illinois during 2019, resulting in

the deaths of 29 pedestrians and the injuries of 20 others while trespassing on railroad property

rights of way; and,

WHEREAS, Illinois ranks fourth in the nation in grade crossing fatalities and fourth in trespass

fatalities for 2019; and,

WHEREAS, more than 81 percent of crashes at public grade crossings in Illinois occur where

active warning devices exist; and,

WHEREAS, educating and informing the public about rail safety, reminding the public that

railroad rights of way are private property, enhancing public awareness of the dangers associated

with highway-rail grade crossing, ensuring pedestrians and motorists are looking and listening

while near railways, and obeying established traffic laws will reduce the number of fatalities and

injuries to Illinoisans; and,

WHEREAS, the Illinois Association of Chiefs of Police (ILACP), partnered with Metra

Railroad and supported by the American Automobile Association, Illinois Commerce

Commission, Illinois Department of Transportation, Illinois Operation Lifesaver, Illinois State

Police, Illinois Tollway Authority, Illinois Sheriff's Association, Illinois Secretary of State,

Illinois Truck Enforcement Association, Illinois High School and College Driver's Education

Association, DuPage Rail Safety Council, and local and railroad law enforcement, first

responders and area railroad companies commit to partnering together in an effort to educate

Illinois residents on all aspects of railroad safety, to enforce applicable state laws, and to support

Illinois Rail Safety Week; and,

WHEREAS, the Illinois Commerce Commission continues to develop partnerships designed to

create a strong, supportive rail safety culture throughout Illinois to reduce the number of railroad

related incidents;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim September

21-27, 2020 as Illinois Rail Safety Week, and encourage all citizens to recognize the importance

of rail safety education.

Issued by the Governor September 15, 2020


2020-107

Chiropractic Health Care Month


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PROCLAMATIONS

WHEREAS, every year, more than 30 million Americans throughout the country, including two

million in Illinois, visit chiropractic physicians who locate and help correct joint and spinal

problems; and,

WHEREAS, chiropractic physicians have long stressed that exercise, good posture, and

balanced nutrition are essentials to proper growth, development, and health maintenance; and,

WHEREAS, Illinois chiropractic physicians are dedicated to protecting and promoting patient

rights, the practice of chiropractic medicine, and fostering the growth of chiropractic through

ongoing training and a commitment to safe and ethical practice; and,

WHEREAS, chiropractic is a safe, conservative approach to pain relief and wellness, and it is

the most popular form of natural healthcare in the world; and,

WHEREAS, the science of chiropractic and the physicians who practice it contribute greatly to

the health and wellbeing of the people of Illinois;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim October

2020 as Chiropractic Health Care Month in Illinois to raise awareness about chiropractic care.



2020-108

Direct Support Professionals Week

WHEREAS, direct support professionals, direct care workers, and in-home support workers are

the primary providers of publicly-funded, long-term services and support for individuals with

intellectual/developmental disabilities; and,

WHEREAS, direct support professionals must build close, respectful, and trusted relationships

with the persons they serve and support; and,

WHEREAS, direct support professionals help those with intellectual/developmental disabilities

participate fully in their communities and remain connected to family and friends; and,

WHEREAS, direct support professionals provide a broad range of support to help enable

individuals with intellectual/developmental disabilities live meaningful lives; and,

WHEREAS, direct support professionals play an important role in supporting individuals with

intellectual/developmental disabilities in helping them avoid more costly institutional care; and,


21

PROCLAMATIONS

WHEREAS, without direct support professionals, there are no community-based services and

support for individuals with intellectual/developmental disabilities; and,

WHEREAS, Illinois is experiencing a severe workforce crisis due to the inability of community-

based providers to retain and recruit direct support professionals and addressing this will require

a myriad of solutions; and,

WHEREAS, Illinoisans recognize and celebrate the contributions of direct support professionals

that help strengthen our communities by fostering greater inclusion of persons with

intellectual/developmental disabilities;


8-14, as Direct Support Professionals Recognition Week in Illinois to recognize the dedication

and vital role of direct support professionals in enhancing the lives of individuals of all ages with

intellectual/developmental disabilities.



2020-109

Gold Star Mother's Day

WHEREAS, many times our nation has the made call to action, there have been men and

women who didn't flinch and proudly raised their right hand in service to their country; and,

WHEREAS, these heroes served with great honor and distinction, we cannot forget who bears

the brunt of the loss when they don't return home, the courage of their sons and daughters has

ensured the continued freedom of our state and nation, we are only able to sit here today, because

bravery flowed from the hearts of your children; and,

WHEREAS, we remember our commitment to the Gold Star Mothers who go on with their days

with the same honor and courage as their children despite living with an unfillable void; and,

WHEREAS, we recall our sacred obligation to those who gave their lives so we could live ours;

and,

WHEREAS, the United States 74th Congress proclaimed the last Sunday in September to be

known as "Gold Star Mother's Day";


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PROCLAMATIONS


27, 2020 as Gold Star Mother's Day in Illinois to recognize the mothers who suffered the

supreme tragedy in the loss of their sons and daughters in wars and remember the sacrifice they

have made.



2020-110

Principals Week and Principals Day

WHEREAS, school principals play an integral role in the education and growth of children in

elementary, middle, and secondary schools across the State of Illinois; and,

WHEREAS, school principals are responsible for promoting education and building

relationships with parents and teachers to ensure that each child receives services that meet their

needs to excel in the classroom; and,

WHEREAS, it is the primary responsibility of the State of Illinois to preserve and improve

resources for schools so that all students have access to a quality education and foundation for a

successful future; and,

WHEREAS, the Illinois Principals Association, which represents over 5,800 educational leaders

statewide, believes that learning is a lifelong process and that the education of our children is the

highest priority; and,

WHEREAS, for that reason, the Illinois Principals Association is dedicated to developing,

supporting, and advocating for innovative school leaders; and,

WHEREAS, educational leaders face many challenges in supporting and educating our young

people and it is through their perseverance and passion that Illinois continues to produce quality,

career-ready students; and,

WHEREAS, school principals and learning leaders have faced unprecedented challenges related

to COVID-19 during the 2019-2020 school year and preparing to reopen schools for the 2020-

2021 school year during a continuing pandemic; and,

WHEREAS, we must continue to encourage, support, and recognize our school leaders who

have a positive impact on Illinois students and the educational system in the Land of Lincoln;

and,


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PROCLAMATIONS


October 18-24, 2020 as Principals Week and Friday, October 23, 2020 as Principals Day in

Illinois, to recognize principals and the Illinois Principals Association for all that they do to help

our children learn and succeed.



2020-111

Family Meals Month

WHEREAS, Family Meals Month is a national effort to encourage families to pledge to share

more meals at home per week; and,

WHEREAS, 92 percent of U.S. consumers say they want to eat healthier meals, yet only 30

percent of American families share dinner every night; and,

WHEREAS, conversations around dinner tables establish closer relationships and increase

parental involvement; and,

WHEREAS, regular family meals are linked to kids earning higher grades, improving self-

esteem and resisting negative peer pressure; and,

WHEREAS, children who grow up sharing family meals are more likely to exhibit prosocial

behavior as adults, such as sharing, fairness, and respect; and,

WHEREAS, 90 percent of supermarkets offer fresh, prepared foods, 95 percent offer cooking

demos, 86 percent offer cooking classes, and 100 percent offer recipes and meal ideas;


2020 be recognized as Family Meals Month, and encourage Illinois residents to add one more

family meal per week during this month and throughout the year.



2020-112

Manufacturing Month in Illinois

WHEREAS, manufacturing has historically represented the largest single sector in the Illinois

economy and contributes more than $108 billion in economic output annually; and,


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PROCLAMATIONS

WHEREAS, more than 18,000 companies call Illinois home and provide employment for more

than 550,000 of our family and neighbors; and,

WHEREAS, Illinois and communities around the World face the most unique challenges in

more than a century with the presence of the Novel Coronavirus, COVID-19; and,

WHEREAS, in response to the pandemic, nearly 1,000 manufacturers and distributors

voluntarily came forward to provide the state of Illinois with critically indispensable protective

supplies and equipment needed by frontline medical and public safety personnel; development of

lifesaving medicine and diagnostic tools; and with many who took extraordinary steps to ensure

our food supply remained safe and plentiful, and our homes and businesses stayed safeguarded;

and,

WHEREAS, the growing manufacturing industry with an array of careers offered allows anyone

the opportunity to be an integral participant in rising to meet future challenges and create new

and innovative products that move our state into the future; and,

WHEREAS, manufacturers continue to struggle to keep pace with filling more than 25,000

ongoing vacancies in production and engineering careers that represent high-quality, high-paying

opportunities for every individual; and,

WHEREAS, this pandemic casts limitations on our annual celebration of manufacturing in our

state and its great career opportunities, we nonetheless recognize with deep appreciation the vital

role of manufacturing in every Illinois community and its ongoing contributions to our economy;

THEREFORE, I, JB Pritzker, Governor of Illinois, due hereby proclaim October 2020 as

MANUFACTURING MONTH IN ILLINOIS and encourage local collaborative efforts be safely

designed to expand knowledge about and improve general public perception of manufacturing

careers and industry's overall value to Illinois and our economy; and,

BE IT FURTHER RESOLVED, that Manufacturing Month is for students and their parents,

educators, and all citizens to celebrate the contributions manufacturers make to the fabric of our

state's communities and assure continued success of local events highlighting Manufacturing

Month in Illinois.



2020-113

Suicide Prevention Month


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PROCLAMATIONS

WHEREAS, suicide is a major public health issue that can have lasting, harmful effects on

individuals, families, and communities; its causes are complex and determined by multiple

factors; and,

WHEREAS, in the United States, one person completes suicide every 10.9 minutes and one

suicide attempt occurs every 26 seconds. It is estimated that 5.4 million people in the United

States are loss survivors of suicide − those who have lost a loved one to suicide; and,

WHEREAS, in 2017, suicide resulted in nearly 479,000 emergency department visits for self-

inflicted injury and more than 48,000 deaths nationally; and in 2018 more than 1,400 deaths in

Illinois. Illinois residents who've died of suicide, 38.5 percent use a firearm, 34.6 percent died of

asphyxiation, and 11.6 percent died of drug poisoning; and,

WHEREAS, suicide affects all ages and is a problem throughout the life span; suicide is the

10th leading cause of all deaths in the United States and the second leading cause of death

among individuals between the ages of 10 and 34. In Illinois, suicide is the 11th leading cause of

all deaths, second among people 10 to 14 years of age, third among 15 to 25 years of age, and

fourth among 35 to 54 years of age; and,

WHEREAS, suicide rates vary by race/ethnicity, age, and other population characteristics, such

as non-Hispanic, American Indian/Alaska Native, non-Hispanic White, veterans and other

military personnel, workers in certain occupational groups, and sexual minority youth; and,

WHEREAS, of the Illinoisans who died of suicide in a single year, 15 percent were defined as

reporting ever serving in the U.S. Armed Forces and the latest statistics show that the Veteran

suicide rate in Illinois is significantly higher than the national suicide rate leading to the Illinois

General Assembly forming the Veteran Suicide Task Force to study and evaluate how the State

of Illinois can become a partner and collaborate in reducing Veteran suicide; and,

WHEREAS, the stigma associated with mental illness and suicidality discourages persons at

risk for suicide from seeking lifesaving help and further traumatizes survivors of suicide; and,

WHEREAS, the coronavirus disease 2019 (COVID-19) pandemic can be stressful for people

with many Americans experiencing impacts on their mental and emotional well-being, issues

such as job loss, financial strain, and social isolation – all risks factors for suicide. Mental health

is an important part of overall health and well-being. It is importance to support individuals in

seeking personal counseling or treatment anytime it is needed. Those experiencing a suicidal

crisis, can call the National Suicide Prevention Lifeline (1-800-273-8255), or text HOME to

741741 for the Crisis Text Line; and,


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PROCLAMATIONS

WHEREAS, a great many suicides are preventable, individuals and prevention organizations are

working to address prevention at all levels of influence − individual, relationship, community,

and societal, to promote awareness of suicide and encourage a commitment to social change;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, hereby proclaim September

2020 as Suicide Prevention Month and encourage Illinois residents and stakeholders to join

statewide suicide prevention efforts.



2020-114

Cybersecurity Awareness Month

WHEREAS, the State of Illinois recognizes that it plays a vital role in identifying, protecting its

citizens from, and responding to cyber threats that may have a significant impact on our

individual and collective security and privacy; and,

WHEREAS, critical infrastructure sectors are increasingly reliant on information systems and

technology to support financial services, energy, telecommunications, transportation, utilities,

health care, and emergency response systems; and,

WHEREAS, the National Cybersecurity Awareness campaign focuses on raising awareness of

the importance of cybersecurity and ensuring that all Americans have the resources they need to

be safer and more secure online; and,

WHEREAS, the emphasis for this year is encouraging individuals and organizations to own

their role in protecting their part of cyberspace, stressing personal accountability and the

importance of proactive steps to enhance cybersecurity; and,

WHEREAS, the line between our online and offline lives is indistinguishable in these tech-

fueled times, our homes, societal well-being, economic prosperity and nation's security are

impacted by the internet; and,

WHEREAS, the Illinois Department of Innovation & Technology, the U.S. Department of

Homeland Security, The National Cyber Security Alliance, and the Multi-State Information

Sharing and Analysis Center all recognize October as National Cybersecurity Awareness Month;

WHEREAS, all citizens are encouraged to visit the staysafeonline.org and the

stop.think.connect.org websites to learn about cybersecurity and put that knowledge into practice

in their homes, schools, workplaces, and businesses;


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PROCLAMATIONS


2020 as Cybersecurity Awareness Month in Illinois.



2020-115

Domestic Violence Awareness Month

WHEREAS, domestic violence is a prevalent social problem that not only harms the victim but

affects family, friends and the community at large; and,

WHEREAS, domestic violence exists in all neighborhoods and cities, affects people of all ages,

genders, racial and ethnic, religious and socioeconomic backgrounds; and,

WHEREAS, the health-related costs of rape, physical assault, stalking, trafficking, and homicide

by intimate partners exceeds $8.3 billion every year; and,

WHEREAS, the annual cost of lost productivity in the workplace due to domestic violence

exceeds $5.8 billion every year; and,

WHEREAS, through the month of October, Illinois Coalition Against Domestic Violence and

its 52 member programs will recognize and honor all those who have experienced domestic

violence and highlight the additional dangers brought on by COVID-19 and the economic

downturn in 2020;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim the month

of October 2020 Domestic Violence Awareness Month.



2020-116

Fire Prevention Week

WHEREAS, the State of Illinois is committed to ensuring the safety and security of all those

living in and visiting our state; and,

WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are

the locations where people are at greatest risk from fire; and,


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PROCLAMATIONS

WHEREAS, home fires killed more than 2,630 people in the United States in 2017, according to

the National Fire Protection Association® (NFPA®), and fire departments in the United States

responded to 357,000 home fires; and,

WHEREAS, cooking is the leading cause of home fires in the United States where fire

departments responded to more than 173,200 annually between 2013 and 2017; and,

WHEREAS, according to the National Fire Incident Reporting System (NFIRS), Illinois fire

departments responded to 6,437 fires that originated in the kitchen or were caused by cooking in

2019; and,

WHEREAS, two of every five home fires start in the kitchen with 31% of these fires resulting

from unattended cooking; and,

WHEREAS, more than half of reported non-fatal home cooking fire injuries occurred when the

victims tried to fight the fire themselves; and,

WHEREAS, children under five face a higher risk of non-fire burns associated with cooking

than being burned in a cooking fire; and,

WHEREAS, Illinois residents should stay in the kitchen when frying food on the stovetop, keep

a three-foot kid-free zone around cooking areas and keep anything that can catch fire away from

stove tops; and,

WHEREAS, residents who have planned and practiced a home fire escape plan are more

prepared and will therefore be more likely to survive a fire; and,

WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and,

WHEREAS, Illinois' first responders are dedicated to reducing the occurrence of home fires and

home fire injuries through prevention and protection education; and,

WHEREAS, Illinois' residents are responsive to public education measures and are able to take

personal steps to increase their safety from fire, especially in their homes; and,

WHEREAS, the 2020 Fire Prevention Week theme TM, "Serve Up Fire Safety in the Kitchen!!"

effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of

kitchen fire;


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PROCLAMATIONS

THEREFORE, I JB Pritzker Governor of Illinois, do hereby proclaim October 4-10, 2020, as

Fire Prevention Week throughout this state, and I urge all the people of Illinois to check their

kitchens for fire hazards and use safe cooking practices during Fire Prevention Week 2020, and

to support the many public safety activities and efforts of Illinois' fire and emergency services.

Issued by the Governor October 2, 2020


2020-117

Malnutrition Awareness Week

WHEREAS, experts agree that nutrition status is a direct measure of patient health and that

good nutrition can keep people healthy and out of healthcare institutions, thus reducing

healthcare costs which can be up to $42 billion annually for hospital stays involving

malnutrition; and,

WHEREAS, inadequate or unbalanced nutrition, known as malnutrition, is particularly

prevalent in vulnerable populations, such as hospitalized patients, older adults, and minority

populations, and those populations statistically shoulder the highest incidences of the most

severe chronic illnesses such as diabetes, kidney disease, cancer, and cardiovascular disease that

are also impacted by nutrition; and,

WHEREAS, malnutrition is exacerbated by the global COVID-19 health pandemic that has

intensified disparities and social isolation and is further compounded by food insecurity and

federal legislation has allocated supplemental funding for federal community nutrition programs;

and,

WHEREAS, illness, injury, and malnutrition can result in the loss of lean body mass, leading to

complications that impact good patient health outcomes, including recovery from surgery,

illness, or disease; and,

WHEREAS, Enhanced Recovery After Surgery (ERAS®) care plans implemented by a team of

multidisciplinary healthcare professionals can improve patient nutrition to support a strong

recovery and help reduce risk of complications from elective surgeries; and,

WHEREAS, despite the recognized link between good nutrition and good health, nutrition

screening and intervention have not been systematically incorporated across the continuum of

care; and,

WHEREAS, clinical quality measures can help improve nutrition screening and intervention,

and the Centers for Medicare & Medicaid Services (CMS) for the first time has approved


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PROCLAMATIONS

multiple malnutrition-specific clinical quality measures for two CMS qualified clinical data

registries; and,

WHEREAS, a collaborative effort among key stakeholders in the public and private sectors

continues to be required to increase awareness of, reduce, and prevent malnutrition and the

National Blueprint: Achieving Quality Malnutrition Care for Older Adults, 2020 Update serves

as a template for such collaboration;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, join with the Illinois Department

on Aging recognizing that an important step toward identifying and treating malnutrition is

raising awareness about it and thus join with The American Society for Parenteral and Enteral

Nutrition (ASPEN), proclaim October 5-9, 2020 is recognized as Malnutrition Awareness

Week™ in Illinois.



2020-118

Filipino American History Awareness Month

WHEREAS, the Filipino American National Historical Society established Filipino American

History Month (FAHM) in 1988, choosing October to commemorate the arrival of the first

Filipinos who landed in what is now Morro Bay, California on October 18, 1587; and,

WHEREAS, Filipino Americans are now the second most populous Asian American group in

both the State of Illinois and the United States; and,

WHEREAS, Filipino Americans have been, and continue to be, are an integral part of the

Illinois essential front-line workers and healthcare system as nurses, doctors, other medical

professionals, home health and domestic care workers, farm workers, postal service workers and

other essential industry workers; and,

WHEREAS, Filipino American servicemen and servicewomen have a longstanding history

serving within the Armed Services of the United States from the Civil War to the present-day,

including the 250,000 Filipinos who fought under the United States flag during World War II to

protect and defend this great state and country; and,

WHEREAS, efforts should continue to promote the study of Filipino-American history and

culture, as mandated in the mission statement of the Filipino American National Historical

Society, because the roles of Filipino Americans and other people of color have been overlooked

in the writing, teaching, and learning of United States history; and,


21

PROCLAMATIONS

WHEREAS, the State of Illinois recognizes the civic engagement of Filipino Americans in the

State of Illinois October 2020 national theme of, "History of Filipino American Activism" that

specifically recognizes the history of Filipino American solidarity with other communities in

their fights for equity and justice, including the Black Lives Matter Movement, American Indian

Movement, Civil Rights and Voting Rights, Women's Rights, LGBTQ Rights, and

Environmental Justice;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby recognize October

2020 as Filipino American History Month as a study of the advancement of Filipino Americans,

as a time of reflection and remembrance, and as a time to renew efforts toward the research and

examination of history and culture to provide an opportunity for all people in Illinois to learn and

appreciate more about Filipino Americans and their historic contributions in this great state and

to the nation.



2020-119

St. Augustine College 40th Anniversary

WHEREAS, St. Augustine College has served more than 10,000 students since its inception 40

years ago and continues to serve a diverse and steadily increasing student population each year;

and,

WHEREAS, for 40 years, St. Augustine College has continued to help people strive for a

brighter future for themselves and their families by helping them train for higher-paying jobs;

and,

WHEREAS, St. Augustine College is the first and only fully Spanish/English bilingual

institution of higher education of its kind in the Midwest; and,

WHEREAS, St. Augustine College offers educational opportunities at low tuition rates for all

residents of Illinois − from bachelor's degrees to certificate programs to adult education,

economic development opportunities, and lifelong learning − and whose students come from all

backgrounds and walks of life; and,

WHEREAS, all St. Augustine College faculty, professional support staff, and administrators

begin celebrating the college's 40th anniversary during St. Augustine College's 40th Anniversary

Day Celebration;


21

PROCLAMATIONS

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim Wednesday,

October 7, 2020, as St. Augustine College's 40th Anniversary Day in the State of Illinois, and

urge all residents to join me in recognizing the tremendous influence St. Augustine College has

had on the State since opening 40 years ago.



2020-120

Infant Safe Sleep Awareness Month

WHEREAS, hundreds of infants die each year because they are placed in unsafe sleeping

environments; and,

WHEREAS, Sudden Unexpected Infant Deaths (SUID) is the sudden and unexpected death of

an infant, birth to age one year, in which the manner and cause of death are not immediately

obvious prior to investigation; and,

WHEREAS, Sudden Infant Death Syndrome (SIDS) is a subset of SUID and remains the

number one cause of infant death between the age of 28 days to one year; and,

WHEREAS, the tragedy of SUID can happen to any family, regardless of race, ethnic or

economic group; and,

WHEREAS, babies sleep safest when sleeping alone, on their backs, not in adult beds nor

couches nor chairs, but in a bassinet or crib with a firm mattress and tightly fitted sheets free of

pillows, bumpers, blankets and other items, in a smoke-free environment; and,

WHEREAS, Illinois law requires hospitals to provide education and materials regarding SIDS

prevention and safe sleep practices to parents of newborns; and,

WHEREAS, during the month of October we raise awareness of the important steps parents can

take to ensure the safety of their infant children while sleeping;


2020 as Infant Safe Sleep Awareness Month in Illinois to raise awareness about sudden

unexplained infant death and to encourage infant safe sleep practices so that no parent will have

to endure the tragedy of infant death.




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PROCLAMATIONS

2020-121

Adoption Awareness Month

WHEREAS, thanks to thousands of adoptive parents across the state, 17,547 children have

found permanent homes over the last decade, including 1,523 children in the last year alone; and,

WHEREAS, all children need and deserve the love, nurturing and sense of security that can only

come from being a part of a loving, permanent family; and,

WHEREAS, adoption provides a unique joy and a special opportunity for individuals, whether

or not they are already parents, married, in a civil union, single or divorced, to open their hearts

and their homes for the rest of their lives to children; and,

WHEREAS, the Illinois Department of Children and Family Services and its nonprofit partners

strive to reunite children with their birth families, but when that simply is not possible, they are

equally committed to ensuring every child has the safe, loving family they deserve and need to

reach their fullest potential; and,

WHEREAS, Illinois has made great strides in recent years in strengthening and improving the

child welfare system: reducing the number of children in temporary substitute care from 52,000

to 18,000; establishing a Bill of Rights for both birth parents and adoptive parents; and

strengthening licensing requirements for adoption agencies to prevent the exploitation of birth

parents, adoptive parents and children; and,

WHEREAS, we are committed to improving the child welfare system even further, especially

by reducing the length of time children remain in temporary foster care; and,

WHEREAS, currently there are nearly 1,400 children awaiting adoption across the state, of all

ages, backgrounds and needs;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim November

2020 as Adoption Awareness Month in Illinois, and encourage all Illinoisans to express their

gratitude to the thousands of families across the state that have opened their homes and their

hearts to children, and encourage others to consider joining them in making a life-changing

difference for children.



2020-122


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PROCLAMATIONS

Breast Cancer Awareness Month and Mammography Day

WHEREAS, October 2020 marks the 35th anniversary of National Breast Cancer Awareness

Month, a season to educate women about breast cancer and the importance of early detection

through mammography; and,

WHEREAS, breast cancer is the most common cancer diagnosed in women other than skin

cancer and is the second leading cause of cancer deaths for women; and,

WHEREAS, in the United States, one in eight women will be diagnosed with breast cancer in

their lifetime; and,

WHEREAS, a projected 276,480 new cases of breast cancer will be diagnosed in women across

the United States in 2020; and,

WHEREAS, the Illinois Breast and Cervical Cancer Program (IBCCP) offers free breast exams

and mammograms to uninsured and underinsured women; and,

WHEREAS, the best chance for detecting breast cancer early is through mammography

screening, and since 1993, the United States has recognized the third Friday in October as

National Mammography Day;


2020 as BREAST CANCER AWARENESS MONTH and October 16, 2020, as

MAMMOGRAPHY DAY in Illinois, and encourage all citizens to join me in the continued fight

against breast cancer.



2020-123

Women's Small Business Month in Illinois

WHEREAS, Illinois women entrepreneurs are innovators who think big, take risks and work

strategically. Women own businesses that provide essential services to their communities and are

the backbone of our economy; and,

WHEREAS, Illinois women, like their peers across the nation, have experienced an

unprecedented amount of economic impact on their business due to the ongoing COVID-19

pandemic; and,


21

PROCLAMATIONS

WHEREAS, per a recent survey taken by the U.S. Chamber of Commerce, the number of

women-owned businesses that rank their overall business' health as "somewhat or very good" has

fallen by 13 points during the pandemic compared to their male counterpart business owners who

only fell by five points. Also, women-owned small businesses were found to have less optimistic

revenue, investment and hiring plans compared to male-owned small businesses; and,

WHEREAS, women-owned businesses received over $19 million from the first round of

Illinois' Business Interruption Grant Program − or BIG Program − and over half of that amount

was received by women of color; and,

WHEREAS, the State of Illinois is administering $270m in grants through BIG that are

dedicated to support childcare providers – an industry predominantly comprised of women

entrepreneurs who provide a critical service to working mothers and fathers; and,

WHEREAS, the State of Illinois is committed to empowering women business owners across

the State, knowing that when we support small business, jobs are created, and local communities

maintain their distinct culture;

THEREFORE, we, JB Pritzker, Governor of the State of Illinois, and Juliana Stratton,

Lieutenant Governor of the State of Illinois, hereby proclaim October 2020 as WOMEN'S

SMALL BUSINESS MONTH IN ILLINOIS and encourage the people of the State of Illinois to

frequent and support women-owned businesses with our resources so they may not only survive

this time but thrive for years to come.



2020-124

National Samosa Day

WHEREAS, Samosas have origins throughout the Middle East as conveniently encased meals

ideal for traveling merchants; and,

WHEREAS, Samosas have evolved to become a popular food amongst South Asian

communities, particularly Indian and Pakistani; and,

WHEREAS, the West Ridge community of Chicago has one of the highest concentrations of

restaurants and households serving Samosas; and,

WHEREAS, the modern Samosa has evolved to become a fusion of American, Asian,

European, and African cultures; and,


21

PROCLAMATIONS

WHEREAS, National Samosa Day shall be a representation of South Asian culture, and

celebration thereof in the community;

THEREFORE, I, JB Pritzker, Governor of the state of Illinois, proclaim October 25th 2020 shall

be declared National Samosa Day, and in conjunction be celebrated with a multitude of

multicultural festivities, including restaurant promotions and ethnic dances and songs.



2020-125

TAR Syndrome Awareness Month

WHEREAS, Thrombocytopenia-Absent Radius (TAR) syndrome is characterized by the

absence of a bone called the radius in each forearm and a shortage of blood cells involved in

clotting; and,

WHEREAS, this platelet deficiency (thrombocytopenia) usually appears during infancy and

becomes less severe over time, in some cases the platelet levels become normal; and,

WHEREAS, thrombocytopenia prevents normal blood clotting, resulting in easy bruising and

frequent nosebleeds with potentially life-threatening episodes of severe bleeding − hemorrhages

− may occur in the brain and other organs, especially during the first year of life; and,

WHEREAS, hemorrhages can damage the brain and lead to intellectual disability; and affected

children who survive this period and do not have damaging hemorrhages in the brain usually

have a normal life expectancy and normal intellectual development; and,

WHEREAS, the severity of skeletal problems in TAR syndrome varies among affected

individuals with the radius, which is the bone on the thumb side of the forearm, is almost always

missing in both, and the other bone in the forearm, which is called the ulna, is sometimes

underdeveloped or absent in one or both arms; and,

WHEREAS, TAR syndrome is unusual among similar malformations in that affected

individuals have thumbs, while people with other conditions involving an absent radius typically

do not. However, there may be other abnormalities of the hands, such as webbed or fused fingers

(syndactyly) or curved pinky fingers (fifth finger clinodactyly). Some people with TAR

syndrome also have skeletal abnormalities affecting the upper arms, legs, or hip sockets;


21

PROCLAMATIONS

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do herby proclaim November

2020 as TAR SYNDROME AWARENESS MONTH, and encourage awareness of this

syndrome.



2020-126

Election Hero Day

WHEREAS, the COVID-19 pandemic has had a far-reaching effect on the 2020 election,

including requiring closures of some polling places, and causing some experienced poll workers

to stay home instead of serving at the polls this year due to health risk; and,

WHEREAS, amidst all the changes, election administrators and poll workers, including many

with experience and many stepping up for the first time, are playing a critical role in helping

voters safely and securely access their ballots; and,

WHEREAS, to conduct an accessible and secure election requires the work of the Illinois State

Board of Elections, their staff, 108 local election authorities and their permanent staff, and

approximately 80,000 poll workers in every neighborhood and community in our state; and,

WHEREAS, making adjustments to election administration, educating the public, and recruiting

and training additional poll workers has required long hours and creativity by these election staff;

and,

WHEREAS, thanks to these heroic efforts, record numbers of voters are likely to participate in

the 2020 general election; and,

WHEREAS, in order to recognize the heroic efforts made by election administrators and poll

workers, the State of Illinois urges voters, businesses, organizations, public officials, and all

candidates for public office across our state to join in celebrating and thanking these individuals;


3, 2020, as "ELECTION HERO DAY" in Illinois, and commend its observance to all residents.



2020-127

Disability Employment Awareness Month


21

PROCLAMATIONS

WHEREAS, individuals with disabilities bring a unique skillset and provide important and

valuable contributions to the workforce across the State of Illinois; and,

WHEREAS, companies with jobs that are open and available to individuals of all abilities are an

essential step to create an inclusive community and strong economy while also aiding in the

State and Country's recovery from the COVID-19 pandemic; and,

WHEREAS, the Illinois Department of Human Services and other State agencies are working to

show and reinforce the value and talent individuals with disabilities are adding and can add to the

workforce and to affirm Illinois' commitment to an inclusive community that provides

opportunities and access for all individuals, including those with disabilities; and,

WHEREAS, there are roughly 700,000 individuals with disabilities of working age in Illinois;

and,

WHEREAS, of those Illinois residents with disabilities, there are over 250,000 employed in

competitive integrated jobs which represents an employment rate of 38.1 percent; and,

WHEREAS, October is National Disability Employment Awareness Month – a national

campaign, with 2020 marking its 75th observance, aimed at celebrating the many contributions of

workers with disabilities across America and raising awareness about disability employment

issues; and,

WHEREAS, 2020 marks the 30th anniversary of the passage of the Americans with Disabilities

Act, a landmark civil rights bill that increases access and opportunities for individuals with

disabilities across society, including in the workplace;


2020 as DISABILITY EMPLOYMENT AWARENESS MONTH in Illinois, in support of the

effort to celebrate individuals with disabilities working across Illinois, and to encourage

companies to hire and support a diverse workforce that includes individuals of all abilities.



2020-128

American Pharmacists Month

WHEREAS, pharmacy is one of the oldest of the health professions concerned with the health

and well-being of all people; and,


21

PROCLAMATIONS

WHEREAS, today, there are over 321,700 pharmacists licensed in the United States and nearly

12,500 licensed pharmacists in Illinois providing services to assure the rational and safe use of

all medications; and,

WHEREAS, the use of medication, as a cost-effective alternative to more expensive medical

procedures, is becoming a major force in moderating overall health care costs; and,

WHEREAS, today's powerful medications require greater attention to the manner in which they

are used by different patient population groups − both clinically and demographically; and,

WHEREAS, it is important that all users of prescription and nonprescription medications, or

their caregivers, be knowledgeable about and share responsibility for their own drug therapy;

and,

WHEREAS, pharmacists are specifically educated with a focus and level of expertise on

medication therapy that exceeds that of other health care providers; and,

WHEREAS, pharmacists are ideally suited to work collaboratively with other health care

providers and patients to improve medication use and outcomes by providing services through

medication therapy management; and,

WHEREAS, pharmacists provide both expertise and accessibility which are crucial to patients

fully optimizing access to medications that are not self-administered such as, but not limited to,

immunizations; and,

WHEREAS, pharmacists are best positioned to be the health care professionals to help ensure

patients are adherent to their medications and provide patient care that ensures optimal

medication therapy outcomes; and,

WHEREAS, pharmacists, as front-line health care providers, answered the call to aid during the

ongoing COVID-19 pandemic and have taken on additional responsibilities of care and practice

in order to best serve the public health needs of the residents of the State of Illinois; and,

WHEREAS, the American Pharmacists Association and the Illinois Pharmacists Association

have declared October as American Pharmacists Month with the theme Pharmacists: Easy to

Reach, Ready to Help;


2020 as American Pharmacists Month in Illinois and urge all our residents to acknowledge the


21

PROCLAMATIONS

valuable services of pharmacists to provide safe, affordable, and beneficial pharmaceutical care

services and products to all residents.

Issued by the Governor November 2, 2020


2020-129

Illinois Rural Health Day

WHEREAS, the main emphasis of rural health care has always been providing affordable,

holistic, primary care − a model for the rest of the country to follow as America transitions to a

population, wellness/prevention-based system of health care; and,

WHEREAS, rural hospitals and health systems are often the economic foundation and largest

employers of their communities; and,

WHEREAS, the health care needs of rural citizens are as unique as the communities in which

they live and cannot be addressed by utilizing a "one size fits all" approach; and,

WHEREAS, addressing transportation, workforce, infrastructure, broadband/telecommunication

needs, and geographic barriers is necessary to ensure that all rural safety net providers can

adequately meet the basic health care needs of the residents they serve; and,

WHEREAS, the Illinois Department of Public Health, Center for Rural Health, the National

Organization of State Offices of Rural Health, and other rural stakeholders provide services and

resources and foster relationships that help rural communities address their unique health care

needs; and,

THEREFORE, I, JB Pritzker, Governor of Illinois, do hereby proclaim November 19, 2020 to

be ILLINOIS RURAL HEALTH DAY in honor of National Rural Health Day; and encourage

residents of Illinois to recognize the unique contributions and selfless, "can do" attitudes of our

rural communities.



2020-130

Congenital Heart Defect Awareness Week

WHEREAS, the health and well-being of our congenital heart patients is of paramount

importance; and,


21

PROCLAMATIONS

WHEREAS, each year in the United States, more than 40,000 babies are born with a congenital

heart defect; and,

WHEREAS, the medical community has identified congenital heart defects as the leading cause

of birth-defect related deaths; and,

WHEREAS, medical research can provide more identifiable means of the origins and symptoms

of congenital heart defect; and,

WHEREAS, there is no cure for congenital heart defects and it is a lifelong disease requiring

ongoing specialized care; and,

WHEREAS, fewer than ten percent of adults with congenital heart disease are receiving

recommended care; and,

WHEREAS, it is crucial that individuals planning a family, fetal clinicians, obstetric physicians,

pediatricians, and those in the medical field have a greater understanding of the potential for

congenital heart defects; and,

WHEREAS, Congenital Heart Defect Awareness Week provides the opportunity for patients

and families affected by this condition to share their experiences and knowledge so the general

public may be aware of how this defect affects all our lives;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim February 7-

14, 2021, CONGENITAL HEART DEFECT AWARENESS WEEK in Illinois.



2020-131

NET Cancer Awareness Day

WHEREAS, neuroendocrine tumors (NETs) often develop into cancer and, if left untreated, can

result in serious illness and death; and,

WHEREAS, healthcare professionals sometimes underestimate the malignant and metastatic

potential of neuroendocrine tumors; and,

WHEREAS, NET cancer patients are often misdiagnosed or receive a delayed diagnosis, which

can have a negative impact on their chance of survival and quality of life; and,


21

PROCLAMATIONS

WHEREAS, survival for NET cancer patients is further compromised by fragmented care and

lack of access to treatment by networks of specialists; and,

WHEREAS, although there have been advances in the detection and treatment of NET cancers,

not all patients are benefiting quickly enough from scientific and medical progress in the field;

and;

WHEREAS, with timely diagnosis and proper treatment, NET cancer patients can have

significantly improved outcomes and quality of life;


10th, 2019 as NET Cancer Awareness Day and encourage patients, caregivers, and healthcare

professionals to raise awareness about NET cancers and the need for timely diagnosis and access

to optimal treatment and care.



2020-132

Volunteers of America Day

WHEREAS, Volunteers of America has served the needs of our nation's most vulnerable people

in Illinois and through the United States since 1896; and,

WHEREAS, in Illinois, Volunteers of America serves 600 veterans at risk of homelessness each

year, which includes providing 220 affordable homes for veterans and their families in Chicago

and Joliet at its Hope Manor properties; and,

WHEREAS, Volunteers of America Illinois provides more than 500 units of affordable housing

for the elderly and those with disabilities in the state; and,

WHEREAS, Volunteers of America Illinois is one of the leading providers of foster care

services in the Chicago area, serving 200 children each year in its welfare service program while

recruiting and managing a large network of foster care homes; and,

WHEREAS, volunteers working with Volunteers of America Illinois logged approximately

14,000 services hours last year; and,

WHEREAS, Volunteers of America nationally will celebrate the 125th anniversary of its

founding on March 8, 2021;


21

PROCLAMATIONS

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim March 8,

2021, as VOLUNTEERS OF AMERICA DAY in Illinois.



2020-133

Antibiotics Awareness Week

WHEREAS, the Illinois Department of Public Health seeks to promote the health of the people

of Illinois through the prevention and control of disease and injury; and,

WHEREAS, antibiotic resistance is one of the most urgent threats to the public's health; and,

WHEREAS, the inappropriate use of antibiotics during the COVID-19 pandemic could

accelerate the emergence and spread of drug resistant bacteria; and,

WHEREAS, inappropriate antibiotic use, including unnecessary use, inappropriate selection,

dosing, and duration, may approach 50% of all outpatient antibiotic use; and,

WHEREAS, each year in the United States, more than 2.8 million people get infected with

antibiotic-resistant bacteria, and more than 35,000 people die as a result; and,

WHEREAS, the Illinois Department of Public Health, local organizations, and stakeholders are

partnering to help improve the way healthcare professionals prescribe antibiotics, how people

take antibiotics, and help fight antibiotic resistance to ensure that these life-saving drugs will be

available for future generations;


November 18-24, 2020 as ANTIBIOTICS AWARENESS WEEK in Illinois and encourage all

Illinoisans to educate themselves, their families, and their communities about how to

appropriately use antibiotics.



2020-134

Manuel Barbosa Conference Room


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PROCLAMATIONS

WHEREAS, the Honorable Manuel (Manny) Barbosa, the first chairman of the Illinois Human

Rights Commission and pioneering federal bankruptcy judge, passed away on November 25,

2019; and,

WHEREAS, the Illinois Human Rights Act became law 40 years ago, with much of the early

implementation shaped by Manny; and,

WHEREAS, his dedication to his fellow man was formed through his family's migration from

Mexico; and,

WHEREAS, the Barbosa family settled on a cotton farm in Weslaco, Texas before moving to

Illinois, where young Manny witnessed acts of dehumanization in the cotton fields, to which he

attributed the birth of his empathy for those in need of a voice, a defender, or an advocate; and,

WHEREAS, his dedication to public service extended across an accomplished legal career and

well into retirement, serving both his local community and the state as a whole; and,

WHEREAS, Governor James R. Thompson appointed Manny as Chairman of the Human Rights

Commission, where he served 18 years at the helm of the Commission, followed by 14 years on

a federal bankruptcy court in Rockford, Illinois; and,

WHEREAS, Manny had a lifelong passion for service and taught ESL and GED courses at the

Universidad Popular to Chicago's Latino immigrants during his years at The John Marshall Law

School, prosecuted criminal cases in Kane County, and served Elgin's Latino residents through

private practice and the scholarship fundraising efforts of Club Guadalupano; and,

WHEREAS, in July 2019 Manny was invited to rejoin the Commission on which he served until

his passing; and,

WHEREAS, the Illinois Human Rights Commission has dedicated its conference room in the

James R. Thompson Center, and any subsequent Illinois Human Rights Commission conference

rooms in other buildings, in Manny's name and honor;

THEREFORE, I, Governor JB Pritzker, Governor of the State of Illinois, do hereby proclaim

the naming of the MANUEL BARBOSA CONFERENCE ROOM of the Illinois Human Rights

Commission, to be dedicated on December 3, 2020.



2020-135


21

PROCLAMATIONS

National Apprenticeship Week

WHEREAS, Illinois recognizes that the 21st century economy demands a highly-skilled

workforce that supports our state economy and supports employers to cultivate high-quality

talent pools that grow their businesses and address their workforce needs; and,

WHEREAS, the Office of the Governor is committed to preparing Illinois workers for high-

demand careers by developing core academic, technical, and essential employability skills

throughout their lifetimes, regardless of background, life circumstances, or education level; and,

WHEREAS, the importance of supporting and strengthening racial equity and diversity and

expanding access to the apprenticeship system in Illinois is a core priority for this administration;

and,

WHEREAS, apprenticeships are a strong career pathway that provide employees the

opportunity to earn a salary while learning the skills necessary to succeed in high-demand

careers and high-growth sectors and result in obtainment of an industry-recognized credential;

and,

WHEREAS, today, over 16,800 registered apprentices are training in the state of Illinois in high

skill careers that will provide lifetime experience and opportunity for achievement as well as

contribute to the overall prosperity of our state and nation; and,

WHEREAS, National Apprenticeship Week is an opportunity to recognize the positive impact

apprenticeships have on Illinois youth, adults, businesses, and the Illinois economy as a whole;


11-15, 2019, as National Apprenticeship Week in Illinois in support of meaningful career

pathways to promote jobs and economic prosperity.



2020-136

First Generation Students' Day

WHEREAS, First-Generation students represent a third of all undergraduate students in the

United States, and 31 percent of undergraduate students enrolled in Illinois colleges and

universities; and,


21

PROCLAMATIONS

WHEREAS, First-Generation students' academic journey allows for the potential to alter the

academic, social, and economic trajectory of their families and communities; and,

WHEREAS, we acknowledge the aptitude, brilliance, and courage of First-Generation students

across the State of Illinois; and,

WHEREAS, we continue to support the access, retention and graduation of First-Generation

students to and from Illinois colleges and universities;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim and

annually celebrate November 8th as FIRST-GENERATION STUDENTS' DAY in the State of

Illinois.



2020-137

National Adoption Day

WHEREAS, every child deserves to grow up in a safe, stable family; and,

WHEREAS, more than 400,000 children in the United States are currently in foster care,

including over 3,347 adoptable children in the care or custody of the Illinois Department of

Children and Family Services; and,

WHEREAS, the state of Illinois recognizes the diligence and hard work that adoption

professionals display every day in identifying forever families for its children in foster care; and,

WHEREAS, National Adoption Day occurs on Saturday, November 21, 2020, during National

Adoption Month, and in order to help children find permanent forever homes, local courts in all

50 states, the District of Columbia, and Puerto Rico will open their doors to finalize the

adoptions of children and join other organizations to celebrate these adoptions; and,

WHEREAS, Illinois' future depends on today's children, and it is important to heighten

community awareness of the crucial needs of these children and of all those who work tirelessly

to place them in loving families;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby recognize November

21, 2020 as NATIONAL ADOPTION DAY and encourage all Illinoisans to consider opening

their hearts and homes to children in this state who are in need of a forever family.


21

PROCLAMATIONS



2020-138

Wilton D. Gregory Day

WHEREAS, Archbishop Wilton Daniel Gregory was born in Chicago, Illinois in 1947 and

attended St. Carthage Grammar School, Quigley Preparatory Seminary South, Niles College of

Loyola University, and St. Mary of the Lake Seminary, and,

WHEREAS, Archbishop Gregory was ordained a priest of the Archdiocese of Chicago in 1973

and later returned to the state after earning a doctorate in sacred liturgy in Rome, and,

WHEREAS, Archbishop Gregory served as an associate pastor of Our Lady of Perpetual Help

Parish in Glenview, a faculty member of St. Mary of the Lake Seminary in Mundelein, and as an

auxiliary bishop of the Archdiocese of Chicago; and,

WHEREAS, Archbishop Gregory served as the seventh bishop of the Diocese of Belleville for

11 years; and,

WHEREAS, Archbishop Gregory served from 2001 to 2004 as the first African American

president of the United States Conference of Catholic Bishops, and implemented the Charter for

the Protection of Children and Young People; and,

WHEREAS, Archbishop Gregory was inducted in 2006 into the Martin Luther King Board of

Preachers at Morehouse College in Atlanta, and,

WHEREAS, Archbishop Gregory served from 2005 to 2019 as the archbishop of Atlanta,

leading that archdiocese through a period of growth; and,

WHEREAS, Archbishop Gregory in 2019 was appointed the seventh archbishop of Washington,

D.C. where he created an anti-racism initiative to combat racial injustice; and,

WHEREAS, Archbishop Gregory has worked to establish truth as the guiding principle for his

work as well as that of his congregations and communities; and,

WHEREAS, on October 25th of 2020, Pope Francis announced that Wilton D. Gregory would be

raised to the position of cardinal at a consistory on November 28th of 2020; and,

WHEREAS, Archbishop Gregory is to be the first African American cardinal in the history of

the Roman Catholic Church;


21

PROCLAMATIONS


28, 2020 as Wilton D. Gregory Day in the State of Illinois in recognition of his remarkable

achievements.



2020-139

Pearl Harbor Remembrance Day

WHEREAS, on Sunday morning, December 7, 1941, Japanese bombers and midget submarines

attacked the U.S. Naval base at Pearl Harbor, Hawaii; and,

WHEREAS, in fewer than two hours, Japanese forces damaged or sank nearly 20 U.S. naval

vessels and damaged or destroyed about 300 U.S. aircraft; and,

WHEREAS, more than 2,000 American military members were killed during the attack,

including more than 1,000 aboard the doomed USS Arizona, and more than 1,000 were injured;

and,

WHEREAS, upward of 50 of those killed at Pearl Harbor were from Illinois, and thousands of

Illinoisans joined the subsequent war efforts; and,

WHEREAS, the surprise attack on Pearl Harbor outraged Illinoisans and Americans nationwide,

solidifying the national resolve to defend the United States against all aggressors; and,

WHEREAS, one day after the attack, on December 8, 1941, President Franklin Roosevelt and

the U.S. Congress declared war against Japan and its allies, thereby bringing the United States

into World War II; and,

WHEREAS, United States' sailors, soldiers, and airmen – now remembered as our "greatest

generation" − joined with allies from France, England, and Russia to conduct mass campaigns

and operations within the Pacific, African, and European theaters; and,

WHEREAS, as a result of the valor and sacrifice of the "Grand Coalition," Germany

surrendered on May 7, 1945, followed by the surrender of Japan on August 14th of that same

year; and,


21

PROCLAMATIONS

WHEREAS, more American military were mobilized during World War II than at any other

time in our history, and by the end of the war, more than eight million Americans were serving in

the U.S. Army alone; and,

WHEREAS, more than 400,000 Americans died in the service of the country, and virtually no

American family was left untouched by the sacrifices of war; and,

WHEREAS, this year marks the 79th anniversary of the "date that will live in infamy," and the

75th anniversary of the end of World War II; and,

WHEREAS, while we can never repay those men and women who faithfully served and

sacrificed to make the world safer for liberty, freedom, and human rights, we are proud to honor

their memory;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby proclaim December

7, 2020, as PEARL HARBOR REMEMBRANCE DAY in Illinois and order all persons or

entities governed by the Illinois Flag Display Act to join the ongoing COVID-19 disaster

proclamation and lower flags from sunrise to sunset on December 7, 2020, in honor of the

memory of all the heroes who died in the attack on Pearl Harbor.



2020-140

National Native American Heritage Month

WHEREAS, the original stewards of the land we now call Illinois are the Council of the Three

Fires: The Odawa, Ojibwe and Potawatomi Nations, along with the Miami, Ho-Chunk,

Menominee, Sac, Fox, and many other Tribes; and,

WHEREAS, Illinois currently enjoys the sixth largest urban Indian population in the United

States with over 100 Tribal Nations; the largest Native American population in the Midwest is

located in Chicago along with the first American Indian Center in the country, according to a

University of Illinois at Chicago's Institute for Research on Race and Public Policy June 2019

report; and,

WHEREAS, Illinois has drawn upon and benefited from the profound influence of Native

American culture and wisdom on our food, science, arts, military, and much more, which has

strengthened and improved our State; and,


21

PROCLAMATIONS

WHEREAS, Illinois' history is tarnished by cruelty, tragedy, and injustice towards Native

Americans, the damaging effects of which continue to degrade our entire State; Illinois must

recognize, confront, and learn from our history if we are to thrive as a healthy and prosperous

society; and,

WHEREAS, my administration is dedicated to reshaping our past by expanding opportunity and

access to the State for Native Americans as I am determined that all of the children of Illinois be

able to see someone who looks like them in my government; and,

WHEREAS, on August 23, 2019, I signed the historic Native American Employment Plan Act

to improve delivery of State services; increase employment and promotion opportunities for

Native Americans; establish the State's first Native American Employment Plan Advisory

Council to gather Native American community leaders and subject matter experts to examine

issues, barriers, and incentives regarding Native American access to State government; and direct

the Department of Central Management Services to draft annual Native American Employment

Plans to the General Assembly; and,

WHEREAS, the Native American community has been invisible for far too long and as written

in a prior Presidential Proclamation for National Native American Heritage Month, "Native

American voices have echoed through the mountains, valleys, and plains of our country for

thousands of years, and it is now our time to listen;"


2020 as NATIONAL NATIVE AMERICAN HERITAGE MONTH in Illinois to recognize the

rich contributions and tragic sacrifices of Native Americans and urge employers, schools,

community organizations, and all the people of Illinois to learn more about Native American

cultures.



2020-141

Lois M. Moorman Day

WHEREAS, Lois M. Moorman has dedicated more than 40 years to serving and advocating for

older Illinoisans and their caregivers by working in programs to improve their independence,

dignity and quality of life; and,

WHEREAS, upon receiving her bachelor's degree in Social Welfare and Psychology from

Southern Illinois University and master's degree from the University of Saint Francis, Lois put


21

PROCLAMATIONS

her education into practice as Social Services Director at the Madison County Nursing Home;

and,

WHEREAS, Lois' career continued to increase in responsibility in the 1970s and 1980s as she

worked as Staff Supervisor in the Comprehensive Alternative Care Program for the Family

Service and Visiting Nurse Association in Alton, as Community Care Coordinator and Care

Manager for Project LIFE Area Agency on Aging in Springfield, and as Vice President of

Program Operations and Program Specialist for Community Home Services Plus in Springfield,

all of which laid the foundation for joining the Illinois Department on Aging in 1986; and,

WHEREAS, Lois worked as a Regional Coordinator and Supervisor of Planning for the

Department's Older American Services before becoming Elder Abuse Program Coordinator for

the Bureau of Elder Rights and being named Program Administrator for the Office of Adult

Protective Services in 2004; and,

WHEREAS, under the auspices of Lois' leadership, the Office of Adult Protective Services

ushered in monumental initiatives, including responding to self-neglect reports, implementing

Fatality Review Teams statewide, and incorporating persons with disabilities ages 18-59 into the

APS program; and,

WHEREAS, the National Adult Protective Services Association honored Lois with its

President's Award in 2013 and Illinois TRIAD honored Lois with its Kathleen Quinn Award in

2017, demonstrating the esteem to which her colleagues hold her throughout the state and

nationwide; and,

WHEREAS, Lois' tenure has resulted in incalculable contributions to protect and improve the

lives of older adults and persons with disabilities for which all Illinoisans owe a debt of

gratitude; and,

WHEREAS, Lois is a true Illinoisan, having been born in Centralia on the Fourth of July to

Irvin and Erna Meinert, and reared in New Minden; and,

WHEREAS, Lois has been unfaltering in her support of the Fighting Illini and St. Louis

Cardinals and will continue to enjoy games upon her retirement at the end of 2020; and,

WHEREAS, Lois looks forward to spending more time with her husband, Ron, children

Nathaniel and Elizabeth, and grandchildren Stella, Sylvia, Mia and Ella;


31, 2020 Lois M. Moorman Day.


21

PROCLAMATIONS

Issued by the Governor December 14, 2020


2020-142

Move Over Day

WHEREAS, law enforcement officers, firefighters, emergency response personnel, tow truck

drivers, and highway workers maintain the operations and safety of Illinois roadways daily and

are continually exposed to the dangers of being hit by motorists; and,

WHEREAS, the evening of December 23, 2000, Scott Gillen of the Chicago Fire Department

was struck and killed by a drunk driver while assisting at a crash site on a Chicago expressway;

and,

WHEREAS, Scott's Law requires motorists to proceed with due caution, make and lane change

or reduce the speed of their vehicle, upon the approach of a stationary authorized emergency

vehicle; and,

WHEREAS, the State Commemorative Dates Act provides, December 23 of each year is

designated as Scott's Law Day, to be observed throughout the State as a day to honor public

safety workers and to remind motorists to slow down, change lanes away from a stationary

authorized emergency vehicle, and proceed with due regard to safety and traffic conditions; and,

WHEREAS, in 2017, the law was expanded to include any stopped vehicle with flashing hazard

lights; and,

WHEREAS, in 2020, the Illinois State Police have already had 15 Scott's Law related crashes,

in 2019 they had 26 Scott's Law related crashes, which killed Troopers Christopher Lambert and

Brooke Jones-Story;


23, 2020, as MOVE OVER DAY in Illinois, and urge Illinoisans to move over and slow down

when approaching stopped emergency vehicles along our highways.



2020-143

FLAG LOWERING CPD TITUS THEOPSY MOORE


21

PROCLAMATIONS

WHEREAS, all residents owe a debt of gratitude to the law enforcement officers whose courage

and sacrifice ensure the safety and security of Illinoisans; and,

WHEREAS, every day these men and women face great risks and often put their lives in danger

to perform their duties; and,

WHEREAS, on September 5, 1974 Titus Theopsy Moore was born to the union of Doretha and

Theopsy Moore as the third of four children; and,

WHEREAS, Titus was an avid student and voracious reader throughout his life, graduating from

Whitney M. Young Magnet High School, where he played in the band, and receiving an

Associate in Applied Science degree from Triton College; and,

WHEREAS, Titus always provided a funny, caring, and supportive presence for friends, family,

and his cherished pets; and,

WHEREAS, this selfless and devoted spirit extended into Titus's long career in public service,

as Titus proudly served as a Cook County Sheriff's Deputy, and later followed in his father's

footsteps as an officer of the Chicago Police Department for 14 years, spending the last years as

a Field Training Officer; and,

WHEREAS, on November 24, 2020 Titus died, leaving to cherish his memory his father

Theopsy Moore, sisters Tonia Moore and Thea Moore (Michael), nephew Richard, nieces Taryn,

Talya, Zuri and Zia, first cousins who thought of him as a brother, and a host of other cousins,

aunts, uncles, and friends;

THEREFORE, I, JB Pritzker, Governor of the State of Illinois, do hereby order all persons or

entities governed by the Illinois Flag Display Act to join the ongoing COVID-19 disaster

proclamation in honor and remembrance of Titus Theopsy Moore, whose service shall forever be

an inspiration to the people of Illinois.


Filed by the Secretary of State December 8, 2020

2021-1

Gubernatorial Disaster Proclamation

WHEREAS, since early March 2020, Illinois has faced a pandemic that has caused

extraordinary sickness and loss of life, infecting over 1,000,000, and taking the lives of more

than 17,000 residents; and,


21

PROCLAMATIONS

WHEREAS, at all times but especially during a public health crisis, protecting the health and

safety of Illinoisans is among the most important functions of State government; and,

WHEREAS, it is critical that Illinoisans who become sick have access to necessary care from

medical professionals, including hospital beds, emergency room beds, or ventilators if needed;

and,

WHEREAS, it is also critical that the State's health care and first responder workforce has

adequate personal protective equipment (PPE) to safely treat patients, respond to public health

disasters, and prevent the spread of communicable diseases; and,

WHEREAS, as Illinois adapts and responds to the public health disaster caused by Coronavirus

Disease 2019 (COVID-19), a novel severe acute respiratory illness that spreads rapidly through

respiratory transmissions and that continues to be without an effective treatment or vaccine, the

burden on residents, healthcare providers, first responders, and governments throughout the State

is unprecedented; and,

WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of

International Concern on January 30, 2020, and the United States Secretary of Health and

Human Services declared that COVID-19 presents a public health emergency on January 27,

2020; and,

WHEREAS, on March 11, 2020, the World Health Organization characterized the COVID-19

outbreak as a pandemic, and has now reported more than 86 million confirmed cases of COVID-

19 and nearly 1.9 million deaths attributable to COVID-19 globally; and,

WHEREAS, despite efforts to contain COVID-19, the virus has continued to spread rapidly,

resulting in the need for federal and State governments to take significant steps; and,

WHEREAS, on March 9, 2020, I, JB Pritzker, Governor of Illinois, declared all counties in the

State of Illinois as a disaster area in response to the outbreak of COVID-19; and,

WHEREAS, on March 13, 2020, the President declared a nationwide emergency pursuant to

Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42

U.S.C. 5121-5207 (the "Stafford Act"), covering all states and territories, including Illinois; and,

WHEREAS, on March 26, 2020, the President declared a major disaster in Illinois pursuant to

Section 401 of the Stafford Act; and,

WHEREAS, on April 1, 2020, due to the exponential spread of COVID-19 in Illinois, I declared

all counties in the State of Illinois as a disaster area; and,


21

PROCLAMATIONS

WHEREAS, on April 30, 2020, due to the continued spread of COVID-19 in Illinois, the

threatened shortages of hospital beds, ER beds, and ventilators, and the inadequate testing

capacity, I declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on May 29, 2020, due to the continued spread of COVID-19 in Illinois, and the

resulting health and economic impacts of the virus, and the need to increase testing capacity, I

declared all counties in the State of Illinois as a disaster area; and,

WHEREAS, on June 26, 2020, due to the further spread of COVID-19 in Illinois, the continuing

health and economic impacts of the virus, and the need to continue to increase testing capacity

and preserve our progress against the disease, I declared all counties in the State of Illinois as a

disaster area; and,

WHEREAS, on July 24, 2020, due to the resurgence of COVID-19 in Illinois, the continuing



disaster area; and,

WHEREAS, on August 21, 2020, due to the resurgence of COVID-19 in Illinois, the continuing



disaster area; and,

WHEREAS, on September 18, 2020, due to the resurgence of COVID-19 in Illinois, the

continuing health and economic impacts of the virus, and the need to continue to increase testing

capacity and preserve our progress against the disease, I declared all counties in the State of

Illinois as a disaster area; and,

WHEREAS, on October 16, 2020, due to the resurgence of COVID-19 in Illinois, the




WHEREAS, on November 13, 2020, due to the increased spread of COVID-19 in Illinois, the




WHEREAS, on December 11, 2020, due to the continued rapid spread of COVID-19 in Illinois,

the health and economic impacts of the virus, and the need to continue to increase testing


21

PROCLAMATIONS



WHEREAS, as circumstances surrounding COVID-19 have evolved and new evidence emerges,

there have been frequent changes in information and public health guidance; and,

WHEREAS, the unprecedented nature of COVID-19, including the health consequences it has

on not just the respiratory system but the heart, brain, kidneys, and the body's immune response,

has made the virus's effects and its path difficult to predict; and,

WHEREAS, from the outset, data suggested that older adults and those with serious underlying

health conditions are more likely to experience severe and sometimes fatal complications from

COVID-19; and,

WHEREAS, evidence has shown that young people, including infants and toddlers, are also at

risk of such complications; and,

WHEREAS, young and middle-aged people have comprised a significant proportion of new

COVID-19 cases and hospitalized COVID-19 patients, and there is evidence that COVID-19

causes blood clots and strokes, and has caused deadly strokes in young and middle-aged people

who exhibited few symptoms; and,

WHEREAS, the understanding of spread from infected individuals who have not shown

symptoms has changed and, on April 12, 2020, the federal Centers for Disease Control and

Prevention (CDC) changed the period of exposure risk from "onset of symptoms" to "48 hours

before symptom onset"; and,

WHEREAS, some people infected by the virus remain asymptomatic but nonetheless may

spread it to others; and,

WHEREAS, although the CDC initially recommended against wearing cloth face coverings or

masks as protection, as a result of research on asymptomatic and pre-symptomatic transmission,

the CDC revised its conclusions and recommends wearing cloth face coverings in public settings

where social distancing measures are difficult to maintain; and,

WHEREAS, the CDC now advises that cloth face coverings or masks protect both the wearer

and those around them from COVID-19; and,

WHEREAS, public health research and guidance now indicates the necessity and efficacy of

wearing cloth face coverings in public settings where social distancing measures are difficult to

maintain, and indicates that the risk of transmission outdoors is less than the risk of transmission

indoors; and,


21

PROCLAMATIONS

WHEREAS, public health guidance advises that minimizing physical interactions between

people who do not reside in the same household is critical to slowing the spread of COVID-19;

and,

WHEREAS, as COVID-19 has spread in Illinois over the course of the Gubernatorial Disaster

Proclamations, the circumstances causing a disaster throughout the State have changed and

continue to change, making definitive predictions of the course the virus will take over the

coming months extremely difficult; and,

WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, there were 11

confirmed cases of COVID-19 in one Illinois county; and,

WHEREAS, as of today, there have been over 1,000,000 confirmed cases of COVID-19 in all

102 Illinois counties; and,

WHEREAS, the first death attributed to COVID-19 in Illinois was announced on March 17,

2020; and,

WHEREAS, as of today, more than 17,000 residents of Illinois have died due to COVID-19;

and,

WHEREAS, from the outset, studies have suggested that for every confirmed case there are

many more unknown cases, some of which are asymptomatic individuals who can pass the virus

to others without knowing; and,

WHEREAS, the CDC estimates that total cases of COVID-19 may be up to 13 times higher than

currently reported for certain regions; and,

WHEREAS, the number of new COVID-19 cases in the State has remained high over the past

several weeks, and the virus continues to infect thousands of individuals and claim the lives of

too many Illinoisans each day; and,

WHEREAS, the COVID-19 pandemic is not limited to the most populous counties, and as of

today, counties in all regions of the State are demonstrating significant increased COVID-19

risk; and,

WHEREAS, without precautions COVID-19 can spread exponentially, even in less populous

areas; for example, in Jasper County, a single infected first responder visited a nursing home and

instigated series of infections that resulted in one of highest infection rates in the State; and


21

PROCLAMATIONS

similarly, in Randolph County, a single infected person attended an event in mid-March that

caused that county likewise to suffer one of the State's highest infection rates; and,

WHEREAS, numerous counties all around the State have reported more than 75 cases per

100,000 people over the past 7 days; and,

WHEREAS, the State and the Illinois Department of Public Health have developed a mitigation

plan to trigger additional precautions when regions meet certain risk levels; and,

WHEREAS, due to the significant spread of the virus and a surge in COVID-19 patients

admitted to hospital beds and ICU beds, on November 20, 2020, I imposed a Tier 3 mitigation

plan statewide; and,

WHEREAS, while the precautions taken by Illinoisans previously slowed the growth of

COVID-19 cases and deaths in the State, the number of cases in the State remains high after a

period of exponential growth; and,

WHEREAS, the U.S. has surpassed 21 million total cases and more than 359,000 deaths; and,

WHEREAS, COVID-19 has claimed the lives of and continues to impact the health of Black

and Hispanic Illinoisans at a disproportionately high rate − magnifying significant health

disparities and inequities; and,

WHEREAS, the Illinois Department of Public Health activated its Illinois Emergency

Operations Plan and its Emergency Support Function 8 Plan to coordinate emergency response

efforts by hospitals, local health departments, and emergency management systems in order to

avoid a surge in the use of hospital resources and capacity; and,

WHEREAS, as the virus has progressed through Illinois, the crisis facing the State continues to

develop and requires an evolving response to ensure hospitals, health care professionals and first

responders are able to meet the health care needs of all Illinoisans and in a manner consistent

with CDC guidance that continues to be updated; and,

WHEREAS, in order to ensure that health care professionals, first responders, hospitals and

other facilities are able to meet the health care needs of all residents of Illinois, the State must

have critical supplies, including PPE, such as masks, face shields, gowns, and gloves; and,

WHEREAS, the State of Illinois maintains a stockpile that supports the existing PPE supply

chains and stocks at various healthcare facilities; and,


21

PROCLAMATIONS

WHEREAS, while the State continues to make every effort to procure PPE, if those

procurement efforts are disrupted or Illinois experiences a surge in COVID-19 cases, the State

faces a life-threatening shortage of respirators, masks, protective eyewear, face shields, gloves,

gowns, and other protective equipment for health care workers and first responders; and,

WHEREAS, hospitalizations now are rapidly rising again; and Illinois is using a significant

percentage of hospital beds and ICU beds; and, if COVID-19 cases continue to surge, the State

could face a shortage of critical health care resources; and,

WHEREAS, over the course of the COVID-19 crisis, the State has been constrained in the

number of COVID-19 tests that can be taken and processed due to a limited number of testing

sites and labs, as well as a shortage of necessary supplies, including the swabs needed to take

samples; and,

WHEREAS, at the time I issued the first Gubernatorial Disaster Proclamation, Illinois had

capacity to test no more than a few hundred people per day for COVID-19 at a small number of

testing sites; and,

WHEREAS, the State has developed testing sites throughout Illinois and recently has exceeded

100,000 tests per day, and the State continues to focus efforts on increasing testing capacity; and,

WHEREAS, Illinois now has tested nearly 14 million total specimens for COVID-19; and,

WHEREAS, national projections adjusted for Illinois' population suggest the State must

continue to increase the number of tests processed per day as part of an effective effort to

permanently slow and reduce the spread of COVID-19; and,

WHEREAS, in addition to causing the tragic loss of more than 17,000 Illinoisans and wreaking

havoc on the physical health of tens of thousands more, COVID-19 has caused extensive

economic loss and continues to threaten the financial welfare of a significant number of

individuals and businesses across the nation and the State; and,

WHEREAS, nationwide, nearly 70 million people have filed unemployment claims since the

start of the pandemic – representing approximately four in ten U.S. workers; and,

WHEREAS, the Illinois Department of Employment Security announced that the State's

unemployment rate continues to be extremely high; and,

WHEREAS, the Illinois Department of Employment Security is responding to the economic

crisis in a number of ways, including through the Pandemic Unemployment Assistance program;

and,


21

PROCLAMATIONS

WHEREAS, the Department of Commerce and Economic Opportunity is working to address the

economic crisis, including through assistance programs such as the Business Interruption Grants

Program for businesses that experienced a limited ability to operate due to COVID-19 related

closures; and,

WHEREAS, many executive agencies in the State have focused their limited resources on the

ongoing response to the COVID-19 pandemic; and,

WHEREAS, the COVID-19 pandemic has required the Illinois Department of Agriculture

(IDOA) to address the outbreak's impact on the State's food supply chain through regulation and

oversight of meat and poultry facilities and livestock management facilities; and

WHEREAS, the COVID-19 pandemic's disruption to the livestock market has required IDOA to

concentrate its resources on working with livestock owners and producers in addressing safe and

environmental animal disposal concerns through its oversight and regulation of the Dead Animal

Disposal Act; and

WHEREAS, IDOA regulates and investigates many other industries that have been directly

impacted by the COVID-19 pandemic including, but not limited to, pesticide applicators, animal

shelters, pet shops, and gas stations, and the continued, proper regulation of these industries

requires IDOA to commit additional time and resources into creating new procedures for

conducting remote investigations and trainings; and

WHEREAS, the COVID-19 pandemic's detrimental impact to IDOA's regulated industries has

required IDOA to place additional time and resources into organizing and managing the timely

implementation of the Business Interruption Grant Program; and

WHEREAS, the economic loss and insecurity caused by COVID-19 threatens the viability of

business and the access to housing, medical care, food, and other critical resources that directly

impact the health and safety of residents; and,

WHEREAS, access to housing helps prevent spread of COVID-19 because individuals with

housing are able to minimize physical contact with those outside their households; and,

WHEREAS, temporarily halting eviction proceedings avoids numerous interactions associated

with being evicted, including with law enforcement officers, courtroom personnel, landlords,

movers, and friends and family who agree to provide temporary housing, as well as, for those

who are forced into homelessness, the interactions associated with taking refuge in a shelter; and,


21

PROCLAMATIONS

WHEREAS, preventing spread by temporarily halting eviction proceedings thus also prevents

spread of COVID-19 in the broader community; and,

WHEREAS, COVID-19 also has been extraordinarily disruptive to schools, and it is among the

highest priorities of the State to ensure that students are able to obtain a quality education and

that schools are able to provide an environment that is safe for students, teachers, and the

community; and,

WHEREAS, based on the foregoing facts, and considering the rapid spread of COVID-19 and

the ongoing health and economic impacts that will be felt over the coming month by people

across the State, the current circumstances in Illinois surrounding the spread of COVID-19

constitute an epidemic emergency and a public health emergency under Section 4 of the Illinois

Emergency Management Agency Act; and,

WHEREAS, based on the foregoing, the continuing burden on hospital resources, the ongoing

potential that the State could face shortages of these resources in the event of a surge in

infections, and the critical need to increase the purchase and distribution of PPE as well as to

continue to expand COVID-19 testing capacity constitute a public health emergency under

Section 4 of the Illinois Emergency Management Agency Act; and,

WHEREAS, it is the policy of the State of Illinois to be prepared to address any disasters and,

therefore, it is necessary and appropriate to make additional State resources available to ensure

that that our healthcare delivery system is capable of serving those who are sick and that

Illinoisans remain safe and secure and able to obtain medical care; and,

WHEREAS, this proclamation will assist the State in facilitating economic recovery for

individuals and businesses in an effort to prevent further devastating consequences from the

economic instability COVID-19 has caused; and,

WHEREAS, this proclamation will assist Illinois agencies in coordinating State and Federal

resources, including materials needed to test for COVID-19, personal protective equipment, and

medicines, in an effort to support the State responses as well as the responses of local

governments to the present public health emergency; and,

WHEREAS, these conditions provide legal justification under Section 7 of the Illinois

Emergency Management Agency Act for the new issuance of a proclamation of disaster; and,

WHEREAS, the Illinois Constitution, in Article V, Section 8, provides that "the Governor shall

have the supreme executive power, and shall be responsible for the faithful execution of the

laws," and states, in the Preamble, that a central purpose of the Illinois Constitution is "provide

for the health, safety, and welfare of the people";


21

PROCLAMATIONS

NOW, THEREFORE, in the interest of aiding the people of Illinois and the local governments

responsible for ensuring public health and safety, I, JB Pritzker, Governor of the State of Illinois,

hereby proclaim as follows:

Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management

Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and

specifically declare all counties in the State of Illinois as a disaster area. The proclamation

authorizes the exercise of all of the emergency powers provided in Section 7 of the Illinois

Emergency Management Agency Act, 20 ILCS 3305/7, including but not limited to those

specific emergency powers set forth below.

Section 2. The Illinois Department of Public Health and the Illinois Emergency Management

Agency are directed to coordinate with each other with respect to planning for and responding to

the present public health emergency.

Section 3. The Illinois Department of Public Health is further directed to cooperate with the

Governor, other State agencies and local authorities, including local public health authorities, in

the development and implementation of strategies and plans to protect the public health in

connection with the present public health emergency.

Section 4. The Illinois Emergency Management Agency is directed to implement the State

Emergency Operations Plan to coordinate State resources to support local governments in

disaster response and recovery operations.

Section 5. To aid with emergency purchases necessary for response and other emergency

powers as authorized by the Illinois Emergency Management Agency Act, the provisions of the

Illinois Procurement Code that would in any way prevent, hinder or delay necessary action in

coping with the disaster are suspended to the extent they are not required by federal law. If

necessary, and in accordance with Section 7(1) of the Illinois Emergency Management Agency

Act, 20 ILCS 3305/7(1), the Governor may take appropriate executive action to suspend

additional statutes, orders, rules, and regulations.

Section 6. Pursuant to Section 7(3) of the Illinois Emergency Management Agency Act, 20

ILCS 3305/7(3), this proclamation activates the Governor's authority, as necessary, to transfer

the direction, personnel or functions of State departments and agencies or units thereof for the

purpose of performing or facilitating emergency response programs.

Section 7. The Illinois Department of Public Health, Illinois Department of Insurance and the

Illinois Department of Healthcare and Family Services are directed to recommend, and, as

appropriate, take necessary actions to ensure expanded access to testing for COVID-19 and that


21

PROCLAMATIONS

consumers do not face financial barriers in accessing diagnostic testing and treatment services

for COVID-19.

Section 8. The Illinois State Board of Education is directed to recommend, and, as appropriate,

take necessary actions to address any impact to learning associated with the present public health

emergency and to continue to alleviate any barriers to the use of remote learning during the

effect of this proclamation that exist in the Illinois School Code, 105 ILCS 5/1-1 et. seq.

Section 9. All State agencies are directed to cooperate with the Governor, other State agencies

and local authorities in the development and implementation of strategies and plans to cope with

and recover from the economic impact of the present public health emergency.

Section 10. Pursuant to Section 7(14) of the Illinois Emergency Management Agency Act, 20

ILCS 3305/7(14), increases in the selling price of goods or services, including medical supplies,

protective equipment, medications and other commodities intended to assist in the prevention of

or treatment and recovery of COVID-19, shall be prohibited in the State of Illinois while this

proclamation is in effect.

Section 11. This proclamation can facilitate requests for federal emergency and/or disaster

assistance if a complete and comprehensive assessment of damage indicates that effective

recovery is beyond the capabilities of the State and affected local governments.

Section 12. For purposes of Public Act 101-0640, Article 15, section 15-5, amending the Open

Meetings Act, new section 5 ILCS 120/7(e)(4), I find that the public health concerns at issue in

this proclamation render in-person attendance of more than ten people at the regular meeting

location not feasible.

Section 13. This proclamation shall be effective immediately and remain in effect for 30 days.

Issued by the Governor January 8, 2021


ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates

Rules acted upon in Volume 45, Issue 4 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquiries about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.

PROPOSED RULES 38 - 190 ....................... 1093 89 - 146 ....................... 1096 89 - 147 ....................... 1103 89 - 153 ....................... 1112 14 - 150 ....................... 1114 92 - 1030 ....................... 1117 92 - 1035 ....................... 1132 ADOPTED RULES 77 - 300 1/8/2021 ....................... 1134 EMERGENCY RULES 38 - 190 1/8/2021 ....................... 1186 89 - 153 1/6/2021 ....................... 1191 77 - 250 1/8/2021 ....................... 1202 14 - 150 1/8/2021 ....................... 1215 92 - 1035 1/6/2021 ....................... 1222 EXECUTIVE ORDERS AND PROCLAMATIONS 21 - 1 1/8/2021 ....................... 1232 20 - 76 3/2/2020 ....................... 1241 20 - 77 3/5/2020 ....................... 1241 20 - 78 3/5/2020 ....................... 1242 20 - 79 3/9/2020 ....................... 1243 20 - 80 3/10/2020 ....................... 1244 20 - 81 3/10/2020 ....................... 1245 20 - 82 3/11/2020 ....................... 1246 20 - 83 3/11/2020 ....................... 1247 20 - 84 3/11/2020 ....................... 1248 20 - 85 3/11/2020 ....................... 1248 20 - 86 3/11/2020 ....................... 1249 20 - 87 3/11/2020 ....................... 1250 20 - 88 5/4/2020 ....................... 1251 20 - 89 5/8/2020 ....................... 1251 20 - 90 5/11/2020 ....................... 1252 20 - 91 5/15/2020 ....................... 1253 20 - 92 5/19/2020 ....................... 1254 20 - 93 5/19/2020 ....................... 1255 20 - 94 6/4/2020 ....................... 1256 20 - 95 6/4/2020 ....................... 1257 20 - 96 6/12/2020 ....................... 1257 20 - 97 6/12/2020 ....................... 1258

20 - 98 6/24/2020 ....................... 1259 20 - 99 6/30/2020 ....................... 1261 20 - 100 7/9/2020 ....................... 1262 20 - 101 7/13/2020 ....................... 1263 20 - 102 7/27/2020 ....................... 1263 20 - 103 8/7/2020 ....................... 1264 20 - 104 8/26/2020 ....................... 1265 20 - 105 8/27/2020 ....................... 1266 20 - 106 9/15/2020 ....................... 1266 20 - 107 9/16/2020 ....................... 1267 20 - 108 9/17/2020 ....................... 1268 20 - 109 9/22/2020 ....................... 1269 20 - 110 9/22/2020 ....................... 1270 20 - 111 9/25/2020 ....................... 1271 20 - 112 9/28/2020 ....................... 1271 20 - 113 9/30/2020 ....................... 1272 20 - 114 9/30/2020 ....................... 1274 20 - 115 9/30/2020 ....................... 1275 20 - 116 10/2/2020 ....................... 1275 20 - 117 10/2/2020 ....................... 1277 20 - 118 10/5/2020 ....................... 1278 20 - 119 10/5/2020 ....................... 1279 20 - 120 10/19/2020 ....................... 1280 20 - 121 10/15/2020 ....................... 1281 20 - 122 10/15/2020 ....................... 1281 20 - 123 10/16/2020 ....................... 1282 20 - 124 10/23/2020 ....................... 1283 20 - 125 10/26/2020 ....................... 1284 20 - 126 10/29/2020 ....................... 1285 20 - 127 10/30/2020 ....................... 1285 20 - 128 11/2/2020 ....................... 1286 20 - 129 11/6/2020 ....................... 1288 20 - 130 11/12/2020 ....................... 1288 20 - 131 11/12/2020 ....................... 1289 20 - 132 11/13/2020 ....................... 1290 20 - 133 11/17/2020 ....................... 1291 20 - 134 11/17/2020 ....................... 1291 20 - 135 11/17/2020 ....................... 1292 20 - 136 11/17/2020 ....................... 1293 20 - 137 11/19/2020 ....................... 1294 20 - 138 11/23/2020 ....................... 1295 20 - 139 11/24/2020 ....................... 1296 20 - 140 11/24/2020 ....................... 1297 20 - 141 12/14/2020 ....................... 1298 20 - 142 12/23/2020 ....................... 1300 20 - 143 12/8/2020 ....................... 1300 21 - 1 1/8/2021 ....................... 1301 OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER

80 - 1100 ....................... 1228

ILLINOIS...January 22, 2021 Volume 45, Issue 4 PROPOSED RULES FINANCIAL AND PROFESSIONAL REGULATION,...

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Transcript of ILLINOIS...January 22, 2021 Volume 45, Issue 4 PROPOSED RULES FINANCIAL AND PROFESSIONAL REGULATION,...