Bill Text: IL HB3340 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Trauma Scene Waste Management Registration Act. Provides for the registration of trauma scene waste management practitioners. Provides that no person shall perform, offer to perform, or engage in the cleanup of a trauma scene or the removal or remediation of regulated biomedical waste from any trauma scene unless such person is registered in accordance with the Act or is an employee or independent contractor of a person registered in accordance with the Act. Sets forth provisions concerning registration; registration and renewal fees; list of registrations; requirements for registration; insurance requirements; unregistered activities; civil penalties; estimate of services; emergency exceptions; exceptions; and rules. Amends the Regulatory Sunset Act to set a repeal date for the new Act on January 1, 2032.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3340 Detail]

Download: Illinois-2021-HB3340-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3340 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.41 new
Creates the Trauma Scene Waste Management Registration Act. Provides for the registration of trauma scene waste management practitioners. Provides that no person shall perform, offer to perform, or engage in the cleanup of a trauma scene or the removal or remediation of regulated biomedical waste from any trauma scene unless such person is registered in accordance with the Act or is an employee or independent contractor of a person registered in accordance with the Act. Sets forth provisions concerning registration; registration and renewal fees; list of registrations; requirements for registration; insurance requirements; unregistered activities; civil penalties; estimate of services; emergency exceptions; exceptions; and rules. Amends the Regulatory Sunset Act to set a repeal date for the new Act on January 1, 2032.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Trauma
Scene Waste Management Registration Act.
Section 5. Definitions. As used in this Act:
"Department" means the Department of Financial and
Professional Regulation.
"Pathogen" means a microorganism, including bacteria,
viruses, rickettsia, and parasites, or other agent, such as a
proteinaceous infectious particle or prion, that can cause
disease in humans.
"Potentially infectious material" means material known or
reasonably expected to contain a pathogen.
"Regulated biomedical waste" means the following:
(1) biological waste, which includes blood and blood
products, exudates, secretions, products of suctioning,
and other body fluids that contain free liquids and cannot
be or are not directly discarded into a municipal sewer
system;
(2) pathological waste, which includes all
recognizable human tissues and body parts except teeth;
and

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(3) sharps, which include any discarded article that
may cause punctures or cuts, including, but not limited
to, needles, IV tubing and syringes with needles attached,
and scalpel blades.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Trauma scene" means a location soiled by or contaminated
with potentially infectious material or regulated biomedical
waste due to the occurrence of a homicide or suicide, or the
occurrence of a death of a human being in which there is
advanced decomposition of the body. "Trauma scene" does not
include the scene of a motor vehicle accident or locations
that are subject to the laws and regulations of the federal
Occupational Safety and Health Administration.
"Trauma scene waste" means potentially infectious material
or regulated biomedical waste that has been removed, is to be
removed, or is in the process of being removed from a trauma
scene.
"Trauma scene waste management practitioner" means the
owner of any interest in a commercial enterprise for the
cleanup or removal of trauma scene waste and who is registered
with the Department pursuant to this Act.
Section 10. Registration.
(a) A trauma scene waste management practitioner shall be
registered with the Department on forms provided by and in a

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manner directed by the Department. Such registration shall be
in addition to, and not in place of, any other registrations or
licenses from other State agencies required by law. No county
or municipal government may require licenses, registrations,
or permits for trauma scene waste management practitioners in
this State.
(b) The Department, upon its approval of an application,
shall issue a registration to a trauma scene waste management
practitioner who meets the qualifications for such
registration and who submits a completed application form and
registration fee. Such registration shall be valid for a
period of 3 years from the date of issuance and may be renewed
for additional 3-year periods.
(c) Trauma scene waste management practitioners shall pay
an initial registration fee of $100 to the Department and, for
each subsequent renewal of the registration, shall pay to the
Department a registration renewal fee of $100.
Section 15. List of registrants. The Department shall
maintain a current list of all registered trauma scene waste
management practitioners on the Department's website.
Section 20. Requirements for registration.
(a) Each trauma scene waste management practitioner shall,
prior to being registered, submit to a fingerprint-based
criminal background check conducted by the Illinois State

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Police and Federal Bureau of Investigation. No person who is
currently serving a sentence of incarceration or probation for
any felony under the laws of this State, any other state, or
the federal government shall be issued a trauma scene waste
management practitioner registration. Each trauma scene waste
management practitioner shall submit to a fingerprint-based
criminal background check conducted by the Illinois State
Police and Federal Bureau of Investigation every 3 years
following the initial background check.
(b) Each trauma scene waste management practitioner shall,
upon approval of his or her registration by the Department,
submit to the Department a bond executed with a surety company
duly authorized to do business in this State and payable to the
State of Illinois for the use and benefit of any person who is
harmed by the trauma scene waste management practitioner, his
or her employee, or an independent contractor of the trauma
scene waste management practitioner in the performance of
trauma scene waste management services. The bond shall be in
the amount of $25,000. The bond shall be approved by the
Department as to the form and the solvency of the surety. No
trauma scene waste management practitioner or surety shall
cancel, or cause to be canceled, a bond issued pursuant to this
subsection unless the Department is informed in writing by a
certified letter at least 30 days prior to the proposed
cancellation. If the trauma scene waste management
practitioner or surety cancels the bond and the trauma scene

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waste management practitioner fails to submit, within 10 days
of the effective date of the cancellation, a new bond, the
Department shall revoke the trauma scene waste management
practitioner's registration.
(c) Each trauma scene waste management practitioner shall
provide the Department with proof of liability insurance
coverage for the trauma scene waste management practitioner,
his or her employees, and each independent contractor of the
trauma scene waste management practitioner who performs trauma
scene waste management services in the amount of at least
$1,000,000 for each occurrence. No trauma scene waste
management practitioner or insurance carrier shall cancel, or
cause to be canceled, a liability insurance policy issued
pursuant to this subsection unless the Department is informed
in writing by a certified letter at least 30 days prior to the
proposed cancellation. If the trauma scene waste management
practitioner or insurance carrier cancels the liability
insurance policy and the trauma scene waste management
practitioner fails to submit, within 10 days of the effective
date of the cancellation, a new liability insurance policy
that meets the requirements of this subsection, the Department
shall revoke the trauma scene waste management practitioner's
registration.
(d) Each trauma scene waste management practitioner shall
provide the Department with proof that the trauma scene waste
management practitioner has a valid potentially infectious

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medical waste hauling permit from the Illinois Environmental
Protection Agency for the provision of trauma scene waste
management services or shall submit an affidavit that the
trauma scene waste management practitioner contracts with an
entity that has a valid potentially infectious medical waste
hauling permit. Additionally, each trauma scene waste
management practitioner shall provide the Department with
proof of all current certifications in the removal and
disposal of regulated biomedical waste held by the trauma
scene waste management practitioner or any contractor used by
the trauma scene waste management practitioner for the
provision of trauma scene waste management services.
(e) Each trauma scene waste management practitioner shall
be responsible and liable for the acts of his or her employees
and any independent contractor of the trauma scene waste
management practitioner in the performance of trauma scene
waste management services.
Section 25. Unregistered activities.
(a) As used in this Section, "person" means: an
individual; any corporate entity or form authorized by law,
including any of its subsidiaries or affiliates; or any
officer, director, board member, or employee of any corporate
entity or form authorized by law.
(b) No person shall perform, offer to perform, or engage
in the cleanup of a trauma scene or the removal or remediation

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of regulated biomedical waste from any trauma scene unless
such person is registered in accordance with this Act or is an
employee or independent contractor of a person registered in
accordance with this Act.
(c) A person who is not properly registered as a trauma
scene waste management practitioner may not seek to recover
from the owner of any property or from any other person,
including, but not limited to, an insurance company, the cost
of the cleanup, removal, or remediation of trauma scene waste
at, in, or on such property.
(d) Any person who violates this Section shall be subject
to a civil penalty not to exceed $5,000 and punitive action by
the Department, up to and including revocation of
registration.
Section 30. Estimate of services. Each trauma scene waste
management practitioner registered under this Act, prior to
beginning the cleanup, removal, or remediation of trauma scene
waste, shall provide the individual who requested such
services with a good faith estimate of the expected costs of
such services.
Section 35. Emergency exception. In the event of a
declared public health emergency or a state of emergency, the
Department may issue temporary registrations to persons to be
trauma scene waste management practitioners under such

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limiting conditions as the Department deems appropriate under
the circumstances. The temporary registrations shall terminate
at such time as may be specified by the Department, but not
later than 90 days from their issuance.
Section 40. Exceptions.
(a) As used in this Section, "person" means an individual;
any corporate entity or form authorized by law, including any
of its subsidiaries or affiliates; or any officer, director,
board member, or employee of any corporate entity or form
authorized by law.
(b) Nothing in this Act shall apply to a medical practice
or medical facility or a subsidiary thereof that is subject to
the laws and regulations of the federal Occupational Safety
and Health Administration.
(c) Nothing in this Act shall apply to the cleanup of
property by the owner of the property.
(d) Nothing in this Act shall apply to the gratuitous
cleanup, removal, or remediation of trauma scene waste
performed for the owner of any property by individuals who are
not doing so as part of a commercial enterprise for the cleanup
or removal of trauma scene waste, including, but not limited
to, individuals who are family, friends, or neighbors of such
owner. Nothing in this subsection shall prevent such owner
from offering such individuals a gratuity at his or her
election.

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Section 45. Rules. The Department may adopt rules required
to implement and administer this Act.
Section 90. The Regulatory Sunset Act is amended by adding
Section 4.41 as follows:
(5 ILCS 80/4.41 new)
Sec. 4.41. Act repealed on January 1, 2032. The following
Act is repealed on January 1, 2032:
The Trauma Scene Waste Management Registration Act.