Bill Text: IL SB1711 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Cancer Clinical Trial Participation Program Act. Presents the findings of the General Assembly. Provides that an independent third-party organization may develop and implement a cancer clinical trial participation program to provide reimbursement to subjects for ancillary costs associated with participation in a cancer clinical trial. Requires the program to collaborate with physicians, health care providers, and cancer clinical trial sponsors to notify a prospective subject about the program, reimburse subjects based on financial need, and provide reimbursement for ancillary costs. Provides that an organization administering the program shall provide written notice to prospective subjects of the requirements. Provides that reimbursement under the program at a trial site that conducts cancer clinical trials must be reviewed and approved by the institutional review board associated with the cancer clinical trial for which the reimbursement is provided and that an organization operating the program is not required to obtain approval from an institutional review board on the financial eligibility of a subject who is medically eligible for the program. Requires an organization operating the program to provide subjects with specified written notice. Provides that reimbursement to a subject of ancillary costs under the program does not constitute an undue inducement to participate in a cancer clinical trial and is not considered coercion or the exertion of undue influence to participate in a cancer clinical trial. Allows an organization that administers the program to accept gifts, grants, and donations from any public or private source to implement the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2019-12-20 - Public Act . . . . . . . . . 101-0619 [SB1711 Detail]

Download: Illinois-2019-SB1711-Engrossed.html

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SB1711 Engrossed LRB101 09730 RLC 54830 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 6-103.3 as
follows:
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice. If a person
is determined to pose a clear and present danger to himself,
herself, or to others by a physician, clinical psychologist, or
qualified examiner, whether employed by the State, by any
public or private mental health facility or part thereof, or by
a law enforcement official or a school administrator, then the
physician, clinical psychologist, qualified examiner shall
notify the Department of Human Services and a law enforcement
official or school administrator shall notify the Department of
State Police, within 24 hours of making the determination that
the person poses a clear and present danger. The Department of
Human Services shall immediately update its records and
information relating to mental health and developmental
disabilities, and if appropriate, shall notify the Department
of State Police in a form and manner prescribed by the
Department of State Police. Information disclosed under this

SB1711 Engrossed - 2 - LRB101 09730 RLC 54830 b
Section shall remain privileged and confidential, and shall not
be redisclosed, except as required under subsection (e) of
Section 3.1 of the Firearm Owners Identification Card Act, nor
used for any other purpose. The method of providing this
information shall guarantee that the information is not
released beyond that which is necessary for the purpose of this
Section and shall be provided by rule by the Department of
Human Services. The identity of the person reporting under this
Section shall not be disclosed to the subject of the report.
The physician, clinical psychologist, qualified examiner, law
enforcement official, or school administrator making the
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or not
making the notification required under this Section, except for
willful or wanton misconduct. The Department of State Police
shall annually compile and submit a report to the Governor and
General Assembly no later than May 31 of each calendar year on
the number of persons reported under this Section as posing a
clear and present danger to themselves or others by persons
required to report that information to the Department of State
Police under this Section. The report shall be based on
information submitted by each county, municipality, public
elementary or secondary school, private elementary or
secondary school, or public or private community college,
college, or university of this State without disclosing
individual identifying information of the persons who pose the

SB1711 Engrossed - 3 - LRB101 09730 RLC 54830 b
clear and present danger to themselves or others. If the person
who poses the clear and present danger is reported by home
address and the person attends a school, college, or
university, then the compilation shall only include that
individual once in the report for the total annual compilation.
This Section does not apply to a law enforcement official, if
making the notification under this Section will interfere with
an ongoing or pending criminal investigation.
For the purposes of this Section:
"Clear and present danger" has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification Card
Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical
psychologist, or qualified examiner, a person poses a clear
and present danger.
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)