Public Act 101-0013   6/12/2019

SB0025 Enrolled LRB101 00199 RLC 45201 b

AN ACT concerning health.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Article 1. REPRODUCTIVE HEALTH ACT

Section 1-1. Short title. This Act may be cited as the

Reproductive Health Act.

Section 1-5. Scope. This Act sets forth the fundamental

rights of individuals to make autonomous decisions about one's

own reproductive health, including the fundamental right to use

or refuse reproductive health care. This includes the

fundamental right of an individual to use or refuse

contraception or sterilization, and to make autonomous

decisions about how to exercise that right; and the fundamental

right of an individual who becomes pregnant to continue the

pregnancy and give birth to a child, or to have an abortion,

and to make autonomous decisions about how to exercise that

right. This Act restricts the ability of the State to deny,

interfere with, or discriminate against these fundamental

rights.

The purposes of this Act are:

(1) To establish laws and policies that protect

individual decision-making in the area of reproductive

health and that support access to the full scope of quality

reproductive health care for all in our State; and

(2) To permit regulation of reproductive health care,

including contraception, abortion, and maternity care,

only to the extent that such regulation is narrowly

tailored to protect a compelling State interest, which for

the purposes of this Act means: consistent with accepted

standards of clinical practice, evidence based, and

narrowly tailored for the limited purpose of protecting the

health of people seeking such care and in the manner that

least restricts a person's autonomous decision-making.

Section 1-10. Definitions. As used in this Act:

"Abortion" means the use of any instrument, medicine, drug,

or any other substance or device to terminate the pregnancy of

an individual known to be pregnant with an intention other than

to increase the probability of a live birth, to preserve the

life or health of the child after live birth, or to remove a

dead fetus.

"Advanced practice registered nurse" has the same meaning

as it does in Section 50-10 of the Nurse Practice Act.

"Department" means the Illinois Department of Public

Health.

"Fetal viability" means that, in the professional judgment

of the attending health care professional, based on the

particular facts of the case, there is a significant likelihood

of a fetus' sustained survival outside the uterus without the

application of extraordinary medical measures.

"Health care professional" means a person who is licensed

as a physician, advanced practice registered nurse, or

physician assistant.

"Health of the patient" means all factors that are relevant

to the patient's health and well-being, including, but not

limited to, physical, emotional, psychological, and familial

health and age.

"Maternity care" means the health care provided in relation

to pregnancy, labor and childbirth, and the postpartum period,

and includes prenatal care, care during labor and birthing, and

postpartum care extending through one-year postpartum.

Maternity care shall, seek to optimize positive outcomes for

the patient, and be provided on the basis of the physical and

psychosocial needs of the patient. Notwithstanding any of the

above, all care shall be subject to the informed and voluntary

consent of the patient, or the patient's legal proxy, when the

patient is unable to give consent.

"Physician" means any person licensed to practice medicine

in all its branches under the Medical Practice Act of 1987.

"Physician assistant" has the same meaning as it does in

Section 4 of the Physician Assistant Practice Act of 1987.

"Pregnancy" means the human reproductive process,

beginning with the implantation of an embryo.

"Prevailing party" has the same meaning as in the Illinois

Civil Rights Act of 2003.

"Reproductive health care" means health care offered,

arranged, or furnished for the purpose of preventing pregnancy,

terminating a pregnancy, managing pregnancy loss, or improving

maternal health and birth outcomes. Reproductive health care

includes, but is not limited to: contraception; sterilization;

preconception care; maternity care; abortion care; and

counseling regarding reproductive health care.

"State" includes any branch, department, agency,

instrumentality, and official or other person acting under

color of law of this State or a political subdivision of the

State, including any unit of local government (including a home

rule unit), school district, instrumentality, or public

subdivision.

Section 1-15. Fundamental reproductive health rights.

(a) Every individual has a fundamental right to make

autonomous decisions about the individual's own reproductive

health, including the fundamental right to use or refuse

reproductive health care.

(b) Every individual who becomes pregnant has a fundamental

right to continue the pregnancy and give birth or to have an

abortion, and to make autonomous decisions about how to

exercise that right.

(c) A fertilized egg, embryo, or fetus does not have

independent rights under the laws of this State.

Section 1-20. Prohibited State actions; causes of action.

(a)The State shall not:

(1) deny, restrict, interfere with, or discriminate

against an individual's exercise of the fundamental rights

set forth in this Act, including individuals under State

custody, control, or supervision; or

(2) prosecute, punish, or otherwise deprive any

individual of the individual's rights for any act or

failure to act during the individual's own pregnancy, if

the predominant basis for such prosecution, punishment, or

deprivation of rights is the potential, actual, or

perceived impact on the pregnancy or its outcomes or on the

pregnant individual's own health.

(b) Any party aggrieved by conduct or regulation in

violation of this Act may bring a civil lawsuit, in a federal

district court or State circuit court, against the offending

unit of government. Any State claim brought in federal district

court shall be a supplemental claim to a federal claim.

(c) Upon motion, a court shall award reasonable attorney's

fees and costs, including expert witness fees and other

litigation expenses, to a plaintiff who is a prevailing party

in any action brought pursuant to this Section. In awarding

reasonable attorney's fees, the court shall consider the degree

to which the relief obtained relates to the relief sought.

Section 1-25. Reporting of abortions performed by health

care professionals.

(a) A health care professional may provide abortion care in

accordance with the health care professional's professional

judgment and training and based on accepted standards of

clinical practice consistent with the scope of his or her

practice under the Medical Practice Act of 1987, the Nurse

Practice Act, or the Physician Assistant Practice Act of 1987.

If the health care professional determines that there is fetal

viability, the health care professional may provide abortion

care only if, in the professional judgment of the health care

professional, the abortion is necessary to protect the life or

health of the patient.

(b) A report of each abortion performed by a health care

professional shall be made to the Department on forms

prescribed by it. Such reports shall be transmitted to the

Department not later than 10 days following the end of the

month in which the abortion is performed.

(c) The abortion reporting forms prescribed by the

Department shall not request or require information that

identifies a patient by name or any other identifying

information, and the Department shall secure anonymity of all

patients and health care professionals.

(d) All reports received by the Department pursuant to this

Section shall be treated as confidential and exempt from the

Freedom of Information Act. Access to such reports shall be

limited to authorized Department staff who shall use the

reports for statistical purposes only. Such reports must be

destroyed within 2 years after date of receipt.

Section 1-30. Application.

(a) This Act applies to all State laws, ordinances,

policies, procedures, practices, and governmental actions and

their implementation, whether statutory or otherwise and

whether adopted before or after the effective date of this Act.

(b) Nothing in this Act shall be construed to authorize the

State to burden any individual's fundamental rights relating to

reproductive health care.

Section 1-35. Home rule powers limitation. A unit of local

government may enact ordinances, standards, rules, or

regulations that protect an individual's ability to freely

exercise the fundamental rights set forth in this Act in a

manner or to an extent equal to or greater than the protection

provided in this Act. A unit of local government may not

regulate an individual's ability to freely exercise the

fundamental rights set forth in this Act in a manner more

restrictive than that set forth in this Act. This Section is a

limitation under subsection (i) of Section 6 of Article VII of

the Illinois Constitution on the concurrent exercise by home

rule units of powers and functions exercised by the State.

Section 1-97. Severability. The provisions of this Act are

severable under Section 1.31 of the Statute on Statutes.

Article 905. REPEALS

(210 ILCS 5/6.1 rep.)

Section 905-5. The Ambulatory Surgical Treatment Center

Act is amended by repealing Section 6.1.

(410 ILCS 70/9 rep.)

Section 905-10. The Sexual Assault Survivors Emergency

Treatment Act is amended by repealing Section 9.

(720 ILCS 510/Act rep.)

Section 905-15. The Illinois Abortion Law of 1975 is

repealed.

(720 ILCS 513/Act rep.)

Section 905-20. The Partial-birth Abortion Ban Act is

repealed.

(735 ILCS 5/11-107.1 rep.)

Section 905-25. The Code of Civil Procedure is amended by

repealing Section 11-107.1.

(745 ILCS 30/Act rep.)

Section 905-30. The Abortion Performance Refusal Act is

repealed.

Article 910. AMENDMENTS

Section 910-5. The State Employees Group Insurance Act of

1971 is amended by changing Section 6.11 as follows:

(5 ILCS 375/6.11)

(Text of Section before amendment by P.A. 100-1170)

Sec. 6.11. Required health benefits; Illinois Insurance

Code requirements. The program of health benefits shall provide

the post-mastectomy care benefits required to be covered by a

policy of accident and health insurance under Section 356t of

the Illinois Insurance Code. The program of health benefits

shall provide the coverage required under Sections 356g,

356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,

356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,

356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and

356z.26, and 356z.29, and 356z.32 of the Illinois Insurance

Code. The program of health benefits must comply with Sections

155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the

Illinois Insurance Code. The Department of Insurance shall

enforce the requirements of this Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;

100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.

1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

1-8-19.)

(Text of Section after amendment by P.A. 100-1170)

Sec. 6.11. Required health benefits; Illinois Insurance

Code requirements. The program of health benefits shall provide

the post-mastectomy care benefits required to be covered by a

policy of accident and health insurance under Section 356t of

the Illinois Insurance Code. The program of health benefits

shall provide the coverage required under Sections 356g,

356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,

356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,

356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,

356z.29, and 356z.32 of the Illinois Insurance Code. The

program of health benefits must comply with Sections 155.22a,

155.37, 355b, 356z.19, 370c, and 370c.1 of the Illinois

Insurance Code. The Department of Insurance shall enforce the

requirements of this Section with respect to Sections 370c and

370c.1 of the Illinois Insurance Code; all other requirements

of this Section shall be enforced by the Department of Central

Management Services.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;

100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.

1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19;

100-1170, eff. 6-1-19.)

Section 910-10. The Children and Family Services Act is

amended by changing Section 5 as follows:

(20 ILCS 505/5)  (from Ch. 23, par. 5005)

Sec. 5. Direct child welfare services; Department of

Children and Family Services. To provide direct child welfare

services when not available through other public or private

child care or program facilities.

(a) For purposes of this Section:

(1) "Children" means persons found within the State who

are under the age of 18 years. The term also includes

persons under age 21 who:

(A) were committed to the Department pursuant to

the Juvenile Court Act or the Juvenile Court Act of

1987, as amended, prior to the age of 18 and who

continue under the jurisdiction of the court; or

(B) were accepted for care, service and training by

the Department prior to the age of 18 and whose best

interest in the discretion of the Department would be

served by continuing that care, service and training

because of severe emotional disturbances, physical

disability, social adjustment or any combination

thereof, or because of the need to complete an

educational or vocational training program.

(2) "Homeless youth" means persons found within the

State who are under the age of 19, are not in a safe and

stable living situation and cannot be reunited with their

families.

(3) "Child welfare services" means public social

services which are directed toward the accomplishment of

the following purposes:

(A) protecting and promoting the health, safety

and welfare of children, including homeless, dependent

or neglected children;

(B) remedying, or assisting in the solution of

problems which may result in, the neglect, abuse,

exploitation or delinquency of children;

(C) preventing the unnecessary separation of

children from their families by identifying family

problems, assisting families in resolving their

problems, and preventing the breakup of the family

where the prevention of child removal is desirable and

possible when the child can be cared for at home

without endangering the child's health and safety;

(D) restoring to their families children who have

been removed, by the provision of services to the child

and the families when the child can be cared for at

home without endangering the child's health and

safety;

(E) placing children in suitable adoptive homes,

in cases where restoration to the biological family is

not safe, possible or appropriate;

(F) assuring safe and adequate care of children

away from their homes, in cases where the child cannot

be returned home or cannot be placed for adoption. At

the time of placement, the Department shall consider

concurrent planning, as described in subsection (l-1)

of this Section so that permanency may occur at the

earliest opportunity. Consideration should be given so

that if reunification fails or is delayed, the

placement made is the best available placement to

provide permanency for the child;

(G) (blank);

(H) (blank); and

(I) placing and maintaining children in facilities

that provide separate living quarters for children

under the age of 18 and for children 18 years of age

and older, unless a child 18 years of age is in the

last year of high school education or vocational

training, in an approved individual or group treatment

program, in a licensed shelter facility, or secure

child care facility. The Department is not required to

place or maintain children:

(i) who are in a foster home, or

(ii) who are persons with a developmental

disability, as defined in the Mental Health and

Developmental Disabilities Code, or

(iii) who are female children who are

pregnant, pregnant and parenting or parenting, or

(iv) who are siblings, in facilities that

provide separate living quarters for children 18

years of age and older and for children under 18

years of age.

(b) (Blank). Nothing in this Section shall be construed to

authorize the expenditure of public funds for the purpose of

performing abortions.

(c) The Department shall establish and maintain

tax-supported child welfare services and extend and seek to

improve voluntary services throughout the State, to the end

that services and care shall be available on an equal basis

throughout the State to children requiring such services.

(d) The Director may authorize advance disbursements for

any new program initiative to any agency contracting with the

Department. As a prerequisite for an advance disbursement, the

contractor must post a surety bond in the amount of the advance

disbursement and have a purchase of service contract approved

by the Department. The Department may pay up to 2 months

operational expenses in advance. The amount of the advance

disbursement shall be prorated over the life of the contract or

the remaining months of the fiscal year, whichever is less, and

the installment amount shall then be deducted from future

bills. Advance disbursement authorizations for new initiatives

shall not be made to any agency after that agency has operated

during 2 consecutive fiscal years. The requirements of this

Section concerning advance disbursements shall not apply with

respect to the following: payments to local public agencies for

child day care services as authorized by Section 5a of this

Act; and youth service programs receiving grant funds under

Section 17a-4.

(e) (Blank).

(f) (Blank).

(g) The Department shall establish rules and regulations

concerning its operation of programs designed to meet the goals

of child safety and protection, family preservation, family

reunification, and adoption, including but not limited to:

(1) adoption;

(2) foster care;

(3) family counseling;

(4) protective services;

(5) (blank);

(6) homemaker service;

(7) return of runaway children;

(8) (blank);

(9) placement under Section 5-7 of the Juvenile Court

Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

Court Act of 1987 in accordance with the federal Adoption

Assistance and Child Welfare Act of 1980; and

(10) interstate services.

Rules and regulations established by the Department shall

include provisions for training Department staff and the staff

of Department grantees, through contracts with other agencies

or resources, in screening techniques to identify substance use

disorders, as defined in the Substance Use Disorder Act,

approved by the Department of Human Services, as a successor to

the Department of Alcoholism and Substance Abuse, for the

purpose of identifying children and adults who should be

referred for an assessment at an organization appropriately

licensed by the Department of Human Services for substance use

disorder treatment.

(h) If the Department finds that there is no appropriate

program or facility within or available to the Department for a

youth in care and that no licensed private facility has an

adequate and appropriate program or none agrees to accept the

youth in care, the Department shall create an appropriate

individualized, program-oriented plan for such youth in care.

The plan may be developed within the Department or through

purchase of services by the Department to the extent that it is

within its statutory authority to do.

(i) Service programs shall be available throughout the

State and shall include but not be limited to the following

services:

(1) case management;

(2) homemakers;

(3) counseling;

(4) parent education;

(5) day care; and

(6) emergency assistance and advocacy.

In addition, the following services may be made available

to assess and meet the needs of children and families:

(1) comprehensive family-based services;

(2) assessments;

(3) respite care; and

(4) in-home health services.

The Department shall provide transportation for any of the

services it makes available to children or families or for

which it refers children or families.

(j) The Department may provide categories of financial

assistance and education assistance grants, and shall

establish rules and regulations concerning the assistance and

grants, to persons who adopt children with physical or mental

disabilities, children who are older, or other hard-to-place

children who (i) immediately prior to their adoption were youth

in care or (ii) were determined eligible for financial

assistance with respect to a prior adoption and who become

available for adoption because the prior adoption has been

dissolved and the parental rights of the adoptive parents have

been terminated or because the child's adoptive parents have

died. The Department may continue to provide financial

assistance and education assistance grants for a child who was

determined eligible for financial assistance under this

subsection (j) in the interim period beginning when the child's

adoptive parents died and ending with the finalization of the

new adoption of the child by another adoptive parent or

parents. The Department may also provide categories of

financial assistance and education assistance grants, and

shall establish rules and regulations for the assistance and

grants, to persons appointed guardian of the person under

Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

4-25, or 5-740 of the Juvenile Court Act of 1987 for children

who were youth in care for 12 months immediately prior to the

appointment of the guardian.

The amount of assistance may vary, depending upon the needs

of the child and the adoptive parents, as set forth in the

annual assistance agreement. Special purpose grants are

allowed where the child requires special service but such costs

may not exceed the amounts which similar services would cost

the Department if it were to provide or secure them as guardian

of the child.

Any financial assistance provided under this subsection is

inalienable by assignment, sale, execution, attachment,

garnishment, or any other remedy for recovery or collection of

a judgment or debt.

(j-5) The Department shall not deny or delay the placement

of a child for adoption if an approved family is available

either outside of the Department region handling the case, or

outside of the State of Illinois.

(k) The Department shall accept for care and training any

child who has been adjudicated neglected or abused, or

dependent committed to it pursuant to the Juvenile Court Act or

the Juvenile Court Act of 1987.

(l) The Department shall offer family preservation

services, as defined in Section 8.2 of the Abused and Neglected

Child Reporting Act, to help families, including adoptive and

extended families. Family preservation services shall be

offered (i) to prevent the placement of children in substitute

care when the children can be cared for at home or in the

custody of the person responsible for the children's welfare,

(ii) to reunite children with their families, or (iii) to

maintain an adoptive placement. Family preservation services

shall only be offered when doing so will not endanger the

children's health or safety. With respect to children who are

in substitute care pursuant to the Juvenile Court Act of 1987,

family preservation services shall not be offered if a goal

other than those of subdivisions (A), (B), or (B-1) of

subsection (2) of Section 2-28 of that Act has been set, except

that reunification services may be offered as provided in

paragraph (F) of subsection (2) of Section 2-28 of that Act.

Nothing in this paragraph shall be construed to create a

private right of action or claim on the part of any individual

or child welfare agency, except that when a child is the

subject of an action under Article II of the Juvenile Court Act

of 1987 and the child's service plan calls for services to

facilitate achievement of the permanency goal, the court

hearing the action under Article II of the Juvenile Court Act

of 1987 may order the Department to provide the services set

out in the plan, if those services are not provided with

reasonable promptness and if those services are available.

The Department shall notify the child and his family of the

Department's responsibility to offer and provide family

preservation services as identified in the service plan. The

child and his family shall be eligible for services as soon as

the report is determined to be "indicated". The Department may

offer services to any child or family with respect to whom a

report of suspected child abuse or neglect has been filed,

prior to concluding its investigation under Section 7.12 of the

Abused and Neglected Child Reporting Act. However, the child's

or family's willingness to accept services shall not be

considered in the investigation. The Department may also

provide services to any child or family who is the subject of

any report of suspected child abuse or neglect or may refer

such child or family to services available from other agencies

in the community, even if the report is determined to be

unfounded, if the conditions in the child's or family's home

are reasonably likely to subject the child or family to future

reports of suspected child abuse or neglect. Acceptance of such

services shall be voluntary. The Department may also provide

services to any child or family after completion of a family

assessment, as an alternative to an investigation, as provided

under the "differential response program" provided for in

subsection (a-5) of Section 7.4 of the Abused and Neglected

Child Reporting Act.

The Department may, at its discretion except for those

children also adjudicated neglected or dependent, accept for

care and training any child who has been adjudicated addicted,

as a truant minor in need of supervision or as a minor

requiring authoritative intervention, under the Juvenile Court

Act or the Juvenile Court Act of 1987, but no such child shall

be committed to the Department by any court without the

approval of the Department. On and after January 1, 2015 (the

effective date of Public Act 98-803) and before January 1,

2017, a minor charged with a criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor

less than 16 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition to

reinstate wardship pursuant to subsection (2) of Section 2-33

of the Juvenile Court Act of 1987. On and after January 1,

2017, a minor charged with a criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor

less than 15 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition to

reinstate wardship pursuant to subsection (2) of Section 2-33

of the Juvenile Court Act of 1987. An independent basis exists

when the allegations or adjudication of abuse, neglect, or

dependency do not arise from the same facts, incident, or

circumstances which give rise to a charge or adjudication of

delinquency. The Department shall assign a caseworker to attend

any hearing involving a youth in the care and custody of the

Department who is placed on aftercare release, including

hearings involving sanctions for violation of aftercare

release conditions and aftercare release revocation hearings.

As soon as is possible after August 7, 2009 (the effective

date of Public Act 96-134), the Department shall develop and

implement a special program of family preservation services to

support intact, foster, and adoptive families who are

experiencing extreme hardships due to the difficulty and stress

of caring for a child who has been diagnosed with a pervasive

developmental disorder if the Department determines that those

services are necessary to ensure the health and safety of the

child. The Department may offer services to any family whether

or not a report has been filed under the Abused and Neglected

Child Reporting Act. The Department may refer the child or

family to services available from other agencies in the

community if the conditions in the child's or family's home are

reasonably likely to subject the child or family to future

reports of suspected child abuse or neglect. Acceptance of

these services shall be voluntary. The Department shall develop

and implement a public information campaign to alert health and

social service providers and the general public about these

special family preservation services. The nature and scope of

the services offered and the number of families served under

the special program implemented under this paragraph shall be

determined by the level of funding that the Department annually

allocates for this purpose. The term "pervasive developmental

disorder" under this paragraph means a neurological condition,

including but not limited to, Asperger's Syndrome and autism,

as defined in the most recent edition of the Diagnostic and

Statistical Manual of Mental Disorders of the American

Psychiatric Association.

(l-1) The legislature recognizes that the best interests of

the child require that the child be placed in the most

permanent living arrangement as soon as is practically

possible. To achieve this goal, the legislature directs the

Department of Children and Family Services to conduct

concurrent planning so that permanency may occur at the

earliest opportunity. Permanent living arrangements may

include prevention of placement of a child outside the home of

the family when the child can be cared for at home without

endangering the child's health or safety; reunification with

the family, when safe and appropriate, if temporary placement

is necessary; or movement of the child toward the most

permanent living arrangement and permanent legal status.

When determining reasonable efforts to be made with respect

to a child, as described in this subsection, and in making such

reasonable efforts, the child's health and safety shall be the

paramount concern.

When a child is placed in foster care, the Department shall

ensure and document that reasonable efforts were made to

prevent or eliminate the need to remove the child from the

child's home. The Department must make reasonable efforts to

reunify the family when temporary placement of the child occurs

unless otherwise required, pursuant to the Juvenile Court Act

of 1987. At any time after the dispositional hearing where the

Department believes that further reunification services would

be ineffective, it may request a finding from the court that

reasonable efforts are no longer appropriate. The Department is

not required to provide further reunification services after

such a finding.

A decision to place a child in substitute care shall be

made with considerations of the child's health, safety, and

best interests. At the time of placement, consideration should

also be given so that if reunification fails or is delayed, the

placement made is the best available placement to provide

permanency for the child.

The Department shall adopt rules addressing concurrent

planning for reunification and permanency. The Department

shall consider the following factors when determining

appropriateness of concurrent planning:

(1) the likelihood of prompt reunification;

(2) the past history of the family;

(3) the barriers to reunification being addressed by

the family;

(4) the level of cooperation of the family;

(5) the foster parents' willingness to work with the

family to reunite;

(6) the willingness and ability of the foster family to

provide an adoptive home or long-term placement;

(7) the age of the child;

(8) placement of siblings.

(m) The Department may assume temporary custody of any

child if:

(1) it has received a written consent to such temporary

custody signed by the parents of the child or by the parent

having custody of the child if the parents are not living

together or by the guardian or custodian of the child if

the child is not in the custody of either parent, or

(2) the child is found in the State and neither a

parent, guardian nor custodian of the child can be located.

If the child is found in his or her residence without a parent,

guardian, custodian or responsible caretaker, the Department

may, instead of removing the child and assuming temporary

custody, place an authorized representative of the Department

in that residence until such time as a parent, guardian or

custodian enters the home and expresses a willingness and

apparent ability to ensure the child's health and safety and

resume permanent charge of the child, or until a relative

enters the home and is willing and able to ensure the child's

health and safety and assume charge of the child until a

parent, guardian or custodian enters the home and expresses

such willingness and ability to ensure the child's safety and

resume permanent charge. After a caretaker has remained in the

home for a period not to exceed 12 hours, the Department must

follow those procedures outlined in Section 2-9, 3-11, 4-8, or

5-415 of the Juvenile Court Act of 1987.

The Department shall have the authority, responsibilities

and duties that a legal custodian of the child would have

pursuant to subsection (9) of Section 1-3 of the Juvenile Court

Act of 1987. Whenever a child is taken into temporary custody

pursuant to an investigation under the Abused and Neglected

Child Reporting Act, or pursuant to a referral and acceptance

under the Juvenile Court Act of 1987 of a minor in limited

custody, the Department, during the period of temporary custody

and before the child is brought before a judicial officer as

required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile

Court Act of 1987, shall have the authority, responsibilities

and duties that a legal custodian of the child would have under

subsection (9) of Section 1-3 of the Juvenile Court Act of

1987.

The Department shall ensure that any child taken into

custody is scheduled for an appointment for a medical

examination.

A parent, guardian or custodian of a child in the temporary

custody of the Department who would have custody of the child

if he were not in the temporary custody of the Department may

deliver to the Department a signed request that the Department

surrender the temporary custody of the child. The Department

may retain temporary custody of the child for 10 days after the

receipt of the request, during which period the Department may

cause to be filed a petition pursuant to the Juvenile Court Act

of 1987. If a petition is so filed, the Department shall retain

temporary custody of the child until the court orders

otherwise. If a petition is not filed within the 10-day period,

the child shall be surrendered to the custody of the requesting

parent, guardian or custodian not later than the expiration of

the 10-day period, at which time the authority and duties of

the Department with respect to the temporary custody of the

child shall terminate.

(m-1) The Department may place children under 18 years of

age in a secure child care facility licensed by the Department

that cares for children who are in need of secure living

arrangements for their health, safety, and well-being after a

determination is made by the facility director and the Director

or the Director's designate prior to admission to the facility

subject to Section 2-27.1 of the Juvenile Court Act of 1987.

This subsection (m-1) does not apply to a child who is subject

to placement in a correctional facility operated pursuant to

Section 3-15-2 of the Unified Code of Corrections, unless the

child is a youth in care who was placed in the care of the

Department before being subject to placement in a correctional

facility and a court of competent jurisdiction has ordered

placement of the child in a secure care facility.

(n) The Department may place children under 18 years of age

in licensed child care facilities when in the opinion of the

Department, appropriate services aimed at family preservation

have been unsuccessful and cannot ensure the child's health and

safety or are unavailable and such placement would be for their

best interest. Payment for board, clothing, care, training and

supervision of any child placed in a licensed child care

facility may be made by the Department, by the parents or

guardians of the estates of those children, or by both the

Department and the parents or guardians, except that no

payments shall be made by the Department for any child placed

in a licensed child care facility for board, clothing, care,

training and supervision of such a child that exceed the

average per capita cost of maintaining and of caring for a

child in institutions for dependent or neglected children

operated by the Department. However, such restriction on

payments does not apply in cases where children require

specialized care and treatment for problems of severe emotional

disturbance, physical disability, social adjustment, or any

combination thereof and suitable facilities for the placement

of such children are not available at payment rates within the

limitations set forth in this Section. All reimbursements for

services delivered shall be absolutely inalienable by

assignment, sale, attachment, garnishment or otherwise.

(n-1) The Department shall provide or authorize child

welfare services, aimed at assisting minors to achieve

sustainable self-sufficiency as independent adults, for any

minor eligible for the reinstatement of wardship pursuant to

subsection (2) of Section 2-33 of the Juvenile Court Act of

1987, whether or not such reinstatement is sought or allowed,

provided that the minor consents to such services and has not

yet attained the age of 21. The Department shall have

responsibility for the development and delivery of services

under this Section. An eligible youth may access services under

this Section through the Department of Children and Family

Services or by referral from the Department of Human Services.

Youth participating in services under this Section shall

cooperate with the assigned case manager in developing an

agreement identifying the services to be provided and how the

youth will increase skills to achieve self-sufficiency. A

homeless shelter is not considered appropriate housing for any

youth receiving child welfare services under this Section. The

Department shall continue child welfare services under this

Section to any eligible minor until the minor becomes 21 years

of age, no longer consents to participate, or achieves

self-sufficiency as identified in the minor's service plan. The

Department of Children and Family Services shall create clear,

readable notice of the rights of former foster youth to child

welfare services under this Section and how such services may

be obtained. The Department of Children and Family Services and

the Department of Human Services shall disseminate this

information statewide. The Department shall adopt regulations

describing services intended to assist minors in achieving

sustainable self-sufficiency as independent adults.

(o) The Department shall establish an administrative

review and appeal process for children and families who request

or receive child welfare services from the Department. Youth in

care who are placed by private child welfare agencies, and

foster families with whom those youth are placed, shall be

afforded the same procedural and appeal rights as children and

families in the case of placement by the Department, including

the right to an initial review of a private agency decision by

that agency. The Department shall ensure that any private child

welfare agency, which accepts youth in care for placement,

affords those rights to children and foster families. The

Department shall accept for administrative review and an appeal

hearing a complaint made by (i) a child or foster family

concerning a decision following an initial review by a private

child welfare agency or (ii) a prospective adoptive parent who

alleges a violation of subsection (j-5) of this Section. An

appeal of a decision concerning a change in the placement of a

child shall be conducted in an expedited manner. A court

determination that a current foster home placement is necessary

and appropriate under Section 2-28 of the Juvenile Court Act of

1987 does not constitute a judicial determination on the merits

of an administrative appeal, filed by a former foster parent,

involving a change of placement decision.

(p) (Blank).

(q) The Department may receive and use, in their entirety,

for the benefit of children any gift, donation or bequest of

money or other property which is received on behalf of such

children, or any financial benefits to which such children are

or may become entitled while under the jurisdiction or care of

the Department.

The Department shall set up and administer no-cost,

interest-bearing accounts in appropriate financial

institutions for children for whom the Department is legally

responsible and who have been determined eligible for Veterans'

Benefits, Social Security benefits, assistance allotments from

the armed forces, court ordered payments, parental voluntary

payments, Supplemental Security Income, Railroad Retirement

payments, Black Lung benefits, or other miscellaneous

payments. Interest earned by each account shall be credited to

the account, unless disbursed in accordance with this

subsection.

In disbursing funds from children's accounts, the

Department shall:

(1) Establish standards in accordance with State and

federal laws for disbursing money from children's

accounts. In all circumstances, the Department's

"Guardianship Administrator" or his or her designee must

approve disbursements from children's accounts. The

Department shall be responsible for keeping complete

records of all disbursements for each account for any

purpose.

(2) Calculate on a monthly basis the amounts paid from

State funds for the child's board and care, medical care

not covered under Medicaid, and social services; and

utilize funds from the child's account, as covered by

regulation, to reimburse those costs. Monthly,

disbursements from all children's accounts, up to 1/12 of

$13,000,000, shall be deposited by the Department into the

General Revenue Fund and the balance over 1/12 of

$13,000,000 into the DCFS Children's Services Fund.

(3) Maintain any balance remaining after reimbursing

for the child's costs of care, as specified in item (2).

The balance shall accumulate in accordance with relevant

State and federal laws and shall be disbursed to the child

or his or her guardian, or to the issuing agency.

(r) The Department shall promulgate regulations

encouraging all adoption agencies to voluntarily forward to the

Department or its agent names and addresses of all persons who

have applied for and have been approved for adoption of a

hard-to-place child or child with a disability and the names of

such children who have not been placed for adoption. A list of

such names and addresses shall be maintained by the Department

or its agent, and coded lists which maintain the

confidentiality of the person seeking to adopt the child and of

the child shall be made available, without charge, to every

adoption agency in the State to assist the agencies in placing

such children for adoption. The Department may delegate to an

agent its duty to maintain and make available such lists. The

Department shall ensure that such agent maintains the

confidentiality of the person seeking to adopt the child and of

the child.

(s) The Department of Children and Family Services may

establish and implement a program to reimburse Department and

private child welfare agency foster parents licensed by the

Department of Children and Family Services for damages

sustained by the foster parents as a result of the malicious or

negligent acts of foster children, as well as providing third

party coverage for such foster parents with regard to actions

of foster children to other individuals. Such coverage will be

secondary to the foster parent liability insurance policy, if

applicable. The program shall be funded through appropriations

from the General Revenue Fund, specifically designated for such

purposes.

(t) The Department shall perform home studies and

investigations and shall exercise supervision over visitation

as ordered by a court pursuant to the Illinois Marriage and

Dissolution of Marriage Act or the Adoption Act only if:

(1) an order entered by an Illinois court specifically

directs the Department to perform such services; and

(2) the court has ordered one or both of the parties to

the proceeding to reimburse the Department for its

reasonable costs for providing such services in accordance

with Department rules, or has determined that neither party

is financially able to pay.

The Department shall provide written notification to the

court of the specific arrangements for supervised visitation

and projected monthly costs within 60 days of the court order.

The Department shall send to the court information related to

the costs incurred except in cases where the court has

determined the parties are financially unable to pay. The court

may order additional periodic reports as appropriate.

(u) In addition to other information that must be provided,

whenever the Department places a child with a prospective

adoptive parent or parents or in a licensed foster home, group

home, child care institution, or in a relative home, the

Department shall provide to the prospective adoptive parent or

parents or other caretaker:

(1) available detailed information concerning the

child's educational and health history, copies of

immunization records (including insurance and medical card

information), a history of the child's previous

placements, if any, and reasons for placement changes

excluding any information that identifies or reveals the

location of any previous caretaker;

(2) a copy of the child's portion of the client service

plan, including any visitation arrangement, and all

amendments or revisions to it as related to the child; and

(3) information containing details of the child's

individualized educational plan when the child is

receiving special education services.

The caretaker shall be informed of any known social or

behavioral information (including, but not limited to,

criminal background, fire setting, perpetuation of sexual

abuse, destructive behavior, and substance abuse) necessary to

care for and safeguard the children to be placed or currently

in the home. The Department may prepare a written summary of

the information required by this paragraph, which may be

provided to the foster or prospective adoptive parent in

advance of a placement. The foster or prospective adoptive

parent may review the supporting documents in the child's file

in the presence of casework staff. In the case of an emergency

placement, casework staff shall at least provide known

information verbally, if necessary, and must subsequently

provide the information in writing as required by this

subsection.

The information described in this subsection shall be

provided in writing. In the case of emergency placements when

time does not allow prior review, preparation, and collection

of written information, the Department shall provide such

information as it becomes available. Within 10 business days

after placement, the Department shall obtain from the

prospective adoptive parent or parents or other caretaker a

signed verification of receipt of the information provided.

Within 10 business days after placement, the Department shall

provide to the child's guardian ad litem a copy of the

information provided to the prospective adoptive parent or

parents or other caretaker. The information provided to the

prospective adoptive parent or parents or other caretaker shall

be reviewed and approved regarding accuracy at the supervisory

level.

(u-5) Effective July 1, 1995, only foster care placements

licensed as foster family homes pursuant to the Child Care Act

of 1969 shall be eligible to receive foster care payments from

the Department. Relative caregivers who, as of July 1, 1995,

were approved pursuant to approved relative placement rules

previously promulgated by the Department at 89 Ill. Adm. Code

335 and had submitted an application for licensure as a foster

family home may continue to receive foster care payments only

until the Department determines that they may be licensed as a

foster family home or that their application for licensure is

denied or until September 30, 1995, whichever occurs first.

(v) The Department shall access criminal history record

information as defined in the Illinois Uniform Conviction

Information Act and information maintained in the adjudicatory

and dispositional record system as defined in Section 2605-355

of the Department of State Police Law (20 ILCS 2605/2605-355)

if the Department determines the information is necessary to

perform its duties under the Abused and Neglected Child

Reporting Act, the Child Care Act of 1969, and the Children and

Family Services Act. The Department shall provide for

interactive computerized communication and processing

equipment that permits direct on-line communication with the

Department of State Police's central criminal history data

repository. The Department shall comply with all certification

requirements and provide certified operators who have been

trained by personnel from the Department of State Police. In

addition, one Office of the Inspector General investigator

shall have training in the use of the criminal history

information access system and have access to the terminal. The

Department of Children and Family Services and its employees

shall abide by rules and regulations established by the

Department of State Police relating to the access and

dissemination of this information.

(v-1) Prior to final approval for placement of a child, the

Department shall conduct a criminal records background check of

the prospective foster or adoptive parent, including

fingerprint-based checks of national crime information

databases. Final approval for placement shall not be granted if

the record check reveals a felony conviction for child abuse or

neglect, for spousal abuse, for a crime against children, or

for a crime involving violence, including rape, sexual assault,

or homicide, but not including other physical assault or

battery, or if there is a felony conviction for physical

assault, battery, or a drug-related offense committed within

the past 5 years.

(v-2) Prior to final approval for placement of a child, the

Department shall check its child abuse and neglect registry for

information concerning prospective foster and adoptive

parents, and any adult living in the home. If any prospective

foster or adoptive parent or other adult living in the home has

resided in another state in the preceding 5 years, the

Department shall request a check of that other state's child

abuse and neglect registry.

(w) Within 120 days of August 20, 1995 (the effective date

of Public Act 89-392), the Department shall prepare and submit

to the Governor and the General Assembly, a written plan for

the development of in-state licensed secure child care

facilities that care for children who are in need of secure

living arrangements for their health, safety, and well-being.

For purposes of this subsection, secure care facility shall

mean a facility that is designed and operated to ensure that

all entrances and exits from the facility, a building or a

distinct part of the building, are under the exclusive control

of the staff of the facility, whether or not the child has the

freedom of movement within the perimeter of the facility,

building, or distinct part of the building. The plan shall

include descriptions of the types of facilities that are needed

in Illinois; the cost of developing these secure care

facilities; the estimated number of placements; the potential

cost savings resulting from the movement of children currently

out-of-state who are projected to be returned to Illinois; the

necessary geographic distribution of these facilities in

Illinois; and a proposed timetable for development of such

facilities.

(x) The Department shall conduct annual credit history

checks to determine the financial history of children placed

under its guardianship pursuant to the Juvenile Court Act of

1987. The Department shall conduct such credit checks starting

when a youth in care turns 12 years old and each year

thereafter for the duration of the guardianship as terminated

pursuant to the Juvenile Court Act of 1987. The Department

shall determine if financial exploitation of the child's

personal information has occurred. If financial exploitation

appears to have taken place or is presently ongoing, the

Department shall notify the proper law enforcement agency, the

proper State's Attorney, or the Attorney General.

(y) Beginning on July 22, 2010 (the effective date of

Public Act 96-1189), a child with a disability who receives

residential and educational services from the Department shall

be eligible to receive transition services in accordance with

Article 14 of the School Code from the age of 14.5 through age

21, inclusive, notwithstanding the child's residential

services arrangement. For purposes of this subsection, "child

with a disability" means a child with a disability as defined

by the federal Individuals with Disabilities Education

Improvement Act of 2004.

(z) The Department shall access criminal history record

information as defined as "background information" in this

subsection and criminal history record information as defined

in the Illinois Uniform Conviction Information Act for each

Department employee or Department applicant. Each Department

employee or Department applicant shall submit his or her

fingerprints to the Department of State Police in the form and

manner prescribed by the Department of State Police. These

fingerprints shall be checked against the fingerprint records

now and hereafter filed in the Department of State Police and

the Federal Bureau of Investigation criminal history records

databases. The Department of State Police shall charge a fee

for conducting the criminal history record check, which shall

be deposited into the State Police Services Fund and shall not

exceed the actual cost of the record check. The Department of

State Police shall furnish, pursuant to positive

identification, all Illinois conviction information to the

Department of Children and Family Services.

For purposes of this subsection:

"Background information" means all of the following:

(i) Upon the request of the Department of Children and

Family Services, conviction information obtained from the

Department of State Police as a result of a

fingerprint-based criminal history records check of the

Illinois criminal history records database and the Federal

Bureau of Investigation criminal history records database

concerning a Department employee or Department applicant.

(ii) Information obtained by the Department of

Children and Family Services after performing a check of

the Department of State Police's Sex Offender Database, as

authorized by Section 120 of the Sex Offender Community

Notification Law, concerning a Department employee or

Department applicant.

(iii) Information obtained by the Department of

Children and Family Services after performing a check of

the Child Abuse and Neglect Tracking System (CANTS)

operated and maintained by the Department.

"Department employee" means a full-time or temporary

employee coded or certified within the State of Illinois

Personnel System.

"Department applicant" means an individual who has

conditional Department full-time or part-time work, a

contractor, an individual used to replace or supplement staff,

an academic intern, a volunteer in Department offices or on

Department contracts, a work-study student, an individual or

entity licensed by the Department, or an unlicensed service

provider who works as a condition of a contract or an agreement

and whose work may bring the unlicensed service provider into

contact with Department clients or client records.

(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;

100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.

1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised

10-3-18.)

Section 910-15. The Freedom of Information Act is amended

by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be exempt

from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other records

prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a local

emergency energy plan ordinance that is adopted under

Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by carriers

under the Emergency Telephone System Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the Capital

Crimes Litigation Act. This subsection (n) shall apply

until the conclusion of the trial of the case, even if the

prosecution chooses not to pursue the death penalty prior

to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Regional Transportation Authority under Section 2.11 of

the Regional Transportation Authority Act or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Record Records Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained in,

stored in, submitted to, transferred by, or released from

the Illinois Health Information Exchange, and identified

or deidentified health information in the form of health

data and medical records of the Illinois Health Information

Exchange in the possession of the Illinois Health

Information Exchange Authority due to its administration

of the Illinois Health Information Exchange. The terms

"identified" and "deidentified" shall be given the same

meaning as in the Health Insurance Portability and

Accountability Act of 1996, Public Law 104-191, or any

subsequent amendments thereto, and any regulations

promulgated thereunder.

(u) Records and information provided to an independent

team of experts under the Developmental Disability and

Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed Carry

Licensing Review Board under the Firearm Concealed Carry

Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of an

eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure

under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being

disclosed under Section 7-603.5 of the Illinois Vehicle

Code.

(hh) Records that are exempt from disclosure under

Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure

under Section 2505-800 of the Department of Revenue Law of

the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be

submitted to the Department of Labor by registering day and

temporary labor service agencies but are exempt from

disclosure under subsection (a-1) of Section 45 of the Day

and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the

Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted

and exempted under Section 5-30.8 of the Illinois Public

Aid Code.

(mm) (ll) Records that are exempt from disclosure under

Section 4.2 of the Crime Victims Compensation Act.

(nn) (ll) Information that is exempt from disclosure

under Section 70 of the Higher Education Student Assistance

Act.

(oo) Information and records held by the Department of

Public Health and its authorized representatives collected

under the Reproductive Health Act.

(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,

eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised

10-12-18.)

Section 910-20. The Counties Code is amended by changing

Section 3-3013 as follows:

(55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)

Sec. 3-3013. Preliminary investigations; blood and urine

analysis; summoning jury; reports. Every coroner, whenever, as

soon as he knows or is informed that the dead body of any

person is found, or lying within his county, whose death is

suspected of being:

(a) A sudden or violent death, whether apparently

suicidal, homicidal or accidental, including but not

limited to deaths apparently caused or contributed to by

thermal, traumatic, chemical, electrical or radiational

injury, or a complication of any of them, or by drowning or

suffocation, or as a result of domestic violence as defined

in the Illinois Domestic Violence Act of 1986;

(b) A maternal or fetal death due to abortion, or any

death due to a sex crime or a crime against nature;

(c) A death where the circumstances are suspicious,

obscure, mysterious or otherwise unexplained or where, in

the written opinion of the attending physician, the cause

of death is not determined;

(d) A death where addiction to alcohol or to any drug

may have been a contributory cause; or

(e) A death where the decedent was not attended by a

licensed physician;

shall go to the place where the dead body is, and take charge

of the same and shall make a preliminary investigation into the

circumstances of the death. In the case of death without

attendance by a licensed physician the body may be moved with

the coroner's consent from the place of death to a mortuary in

the same county. Coroners in their discretion shall notify such

physician as is designated in accordance with Section 3-3014 to

attempt to ascertain the cause of death, either by autopsy or

otherwise.

In cases of accidental death involving a motor vehicle in

which the decedent was (1) the operator or a suspected operator

of a motor vehicle, or (2) a pedestrian 16 years of age or

older, the coroner shall require that a blood specimen of at

least 30 cc., and if medically possible a urine specimen of at

least 30 cc. or as much as possible up to 30 cc., be withdrawn

from the body of the decedent in a timely fashion after the

accident causing his death, by such physician as has been

designated in accordance with Section 3-3014, or by the coroner

or deputy coroner or a qualified person designated by such

physician, coroner, or deputy coroner. If the county does not

maintain laboratory facilities for making such analysis, the

blood and urine so drawn shall be sent to the Department of

State Police or any other accredited or State-certified

laboratory for analysis of the alcohol, carbon monoxide, and

dangerous or narcotic drug content of such blood and urine

specimens. Each specimen submitted shall be accompanied by

pertinent information concerning the decedent upon a form

prescribed by such laboratory. Any person drawing blood and

urine and any person making any examination of the blood and

urine under the terms of this Division shall be immune from all

liability, civil or criminal, that might otherwise be incurred

or imposed.

In all other cases coming within the jurisdiction of the

coroner and referred to in subparagraphs (a) through (e) above,

blood, and whenever possible, urine samples shall be analyzed

for the presence of alcohol and other drugs. When the coroner

suspects that drugs may have been involved in the death, either

directly or indirectly, a toxicological examination shall be

performed which may include analyses of blood, urine, bile,

gastric contents and other tissues. When the coroner suspects a

death is due to toxic substances, other than drugs, the coroner

shall consult with the toxicologist prior to collection of

samples. Information submitted to the toxicologist shall

include information as to height, weight, age, sex and race of

the decedent as well as medical history, medications used by

and the manner of death of decedent.

When the coroner or medical examiner finds that the cause

of death is due to homicidal means, the coroner or medical

examiner shall cause blood and buccal specimens (tissue may be

submitted if no uncontaminated blood or buccal specimen can be

obtained), whenever possible, to be withdrawn from the body of

the decedent in a timely fashion. For proper preservation of

the specimens, collected blood and buccal specimens shall be

dried and tissue specimens shall be frozen if available

equipment exists. As soon as possible, but no later than 30

days after the collection of the specimens, the coroner or

medical examiner shall release those specimens to the police

agency responsible for investigating the death. As soon as

possible, but no later than 30 days after the receipt from the

coroner or medical examiner, the police agency shall submit the

specimens using the agency case number to a National DNA Index

System (NDIS) participating laboratory within this State, such

as the Illinois Department of State Police, Division of

Forensic Services, for analysis and categorizing into genetic

marker groupings. The results of the analysis and categorizing

into genetic marker groupings shall be provided to the Illinois

Department of State Police and shall be maintained by the

Illinois Department of State Police in the State central

repository in the same manner, and subject to the same

conditions, as provided in Section 5-4-3 of the Unified Code of

Corrections. The requirements of this paragraph are in addition

to any other findings, specimens, or information that the

coroner or medical examiner is required to provide during the

conduct of a criminal investigation.

In all counties, in cases of apparent suicide, homicide, or

accidental death or in other cases, within the discretion of

the coroner, the coroner may summon 8 persons of lawful age

from those persons drawn for petit jurors in the county. The

summons shall command these persons to present themselves

personally at such a place and time as the coroner shall

determine, and may be in any form which the coroner shall

determine and may incorporate any reasonable form of request

for acknowledgement which the coroner deems practical and

provides a reliable proof of service. The summons may be served

by first class mail. From the 8 persons so summoned, the

coroner shall select 6 to serve as the jury for the inquest.

Inquests may be continued from time to time, as the coroner may

deem necessary. The 6 jurors selected in a given case may view

the body of the deceased. If at any continuation of an inquest

one or more of the original jurors shall be unable to continue

to serve, the coroner shall fill the vacancy or vacancies. A

juror serving pursuant to this paragraph shall receive

compensation from the county at the same rate as the rate of

compensation that is paid to petit or grand jurors in the

county. The coroner shall furnish to each juror without fee at

the time of his discharge a certificate of the number of days

in attendance at an inquest, and, upon being presented with

such certificate, the county treasurer shall pay to the juror

the sum provided for his services.

In counties which have a jury commission, in cases of

apparent suicide or homicide or of accidental death, the

coroner may conduct an inquest. The jury commission shall

provide at least 8 jurors to the coroner, from whom the coroner

shall select any 6 to serve as the jury for the inquest.

Inquests may be continued from time to time as the coroner may

deem necessary. The 6 jurors originally chosen in a given case

may view the body of the deceased. If at any continuation of an

inquest one or more of the 6 jurors originally chosen shall be

unable to continue to serve, the coroner shall fill the vacancy

or vacancies. At the coroner's discretion, additional jurors to

fill such vacancies shall be supplied by the jury commission. A

juror serving pursuant to this paragraph in such county shall

receive compensation from the county at the same rate as the

rate of compensation that is paid to petit or grand jurors in

the county.

In every case in which a fire is determined to be a

contributing factor in a death, the coroner shall report the

death to the Office of the State Fire Marshal. The coroner

shall provide a copy of the death certificate (i) within 30

days after filing the permanent death certificate and (ii) in a

manner that is agreed upon by the coroner and the State Fire

Marshal.

In every case in which a drug overdose is determined to be

the cause or a contributing factor in the death, the coroner or

medical examiner shall report the death to the Department of

Public Health. The Department of Public Health shall adopt

rules regarding specific information that must be reported in

the event of such a death. If possible, the coroner shall

report the cause of the overdose. As used in this Section,

"overdose" has the same meaning as it does in Section 414 of

the Illinois Controlled Substances Act. The Department of

Public Health shall issue a semiannual report to the General

Assembly summarizing the reports received. The Department

shall also provide on its website a monthly report of overdose

death figures organized by location, age, and any other

factors, the Department deems appropriate.

In addition, in every case in which domestic violence is

determined to be a contributing factor in a death, the coroner

shall report the death to the Department of State Police.

All deaths in State institutions and all deaths of wards of

the State or youth in care as defined in Section 4d of the

Children and Family Services Act in private care facilities or

in programs funded by the Department of Human Services under

its powers relating to mental health and developmental

disabilities or alcoholism and substance abuse or funded by the

Department of Children and Family Services shall be reported to

the coroner of the county in which the facility is located. If

the coroner has reason to believe that an investigation is

needed to determine whether the death was caused by

maltreatment or negligent care of the ward of the State or

youth in care as defined in Section 4d of the Children and

Family Services Act, the coroner may conduct a preliminary

investigation of the circumstances of such death as in cases of

death under circumstances set forth in paragraphs (a) through

(e) of this Section.

(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,

eff. 7-28-16; 100-159, eff. 8-18-17.)

Section 910-25. The Ambulatory Surgical Treatment Center

Act is amended by changing Section 2, and 3 as follows:

(210 ILCS 5/2)  (from Ch. 111 1/2, par. 157-8.2)

Sec. 2. It is declared to be the public policy that the

State has a legitimate interest in assuring that all medical

procedures, including abortions, are performed under

circumstances that insure maximum safety. Therefore, the

purpose of this Act is to provide for the better protection of

the public health through the development, establishment, and

enforcement of standards (1) for the care of individuals in

ambulatory surgical treatment centers, and (2) for the

construction, maintenance and operation of ambulatory surgical

treatment centers, which, in light of advancing knowledge, will

promote safe and adequate treatment of such individuals in

ambulatory surgical treatment centers.

(Source: P.A. 78-227.)

(210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)

Sec. 3. As used in this Act, unless the context otherwise

requires, the following words and phrases shall have the

meanings ascribed to them:

(A) "Ambulatory surgical treatment center" means any

institution, place or building devoted primarily to the

maintenance and operation of facilities for the performance of

surgical procedures. "Ambulatory surgical treatment center"

includes any place that meets and complies with the definition

of an ambulatory surgical treatment center under the rules

adopted by the Department or any facility in which a medical or

surgical procedure is utilized to terminate a pregnancy,

irrespective of whether the facility is devoted primarily to

this purpose. Such facility shall not provide beds or other

accommodations for the overnight stay of patients; however,

facilities devoted exclusively to the treatment of children may

provide accommodations and beds for their patients for up to 23

hours following admission. Individual patients shall be

discharged in an ambulatory condition without danger to the

continued well being of the patients or shall be transferred to

a hospital.

The term "ambulatory surgical treatment center" does not

include any of the following:

(1) Any institution, place, building or agency

required to be licensed pursuant to the "Hospital Licensing

Act", approved July 1, 1953, as amended.

(2) Any person or institution required to be licensed

pursuant to the Nursing Home Care Act, the Specialized

Mental Health Rehabilitation Act of 2013, the ID/DD

Community Care Act, or the MC/DD Act.

(3) Hospitals or ambulatory surgical treatment centers

maintained by the State or any department or agency

thereof, where such department or agency has authority

under law to establish and enforce standards for the

hospitals or ambulatory surgical treatment centers under

its management and control.

(4) Hospitals or ambulatory surgical treatment centers

maintained by the Federal Government or agencies thereof.

(5) Any place, agency, clinic, or practice, public or

private, whether organized for profit or not, devoted

exclusively to the performance of dental or oral surgical

procedures.

(6) Any facility in which the performance of abortion

procedures, including procedures to terminate a pregnancy

or to manage pregnancy loss, is limited to those performed

without general, epidural, or spinal anesthesia, and which

is not otherwise required to be an ambulatory surgical

treatment center. For purposes of this paragraph,

"general, epidural, or spinal anesthesia" does not include

local anesthesia or intravenous sedation. Nothing in this

paragraph shall be construed to limit any such facility

from voluntarily electing to apply for licensure as an

ambulatory surgical treatment center.

(B) "Person" means any individual, firm, partnership,

corporation, company, association, or joint stock association,

or the legal successor thereof.

(C) "Department" means the Department of Public Health of

the State of Illinois.

(D) "Director" means the Director of the Department of

Public Health of the State of Illinois.

(E) "Physician" means a person licensed to practice

medicine in all of its branches in the State of Illinois.

(F) "Dentist" means a person licensed to practice dentistry

under the Illinois Dental Practice Act.

(G) "Podiatric physician" means a person licensed to

practice podiatry under the Podiatric Medical Practice Act of

1987.

(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15;

99-180, eff. 7-29-15.)

Section 910-30. The Illinois Insurance Code is amended by

changing Section 356z.4 and adding 356z.4a as follows:

(215 ILCS 5/356z.4)

Sec. 356z.4. Coverage for contraceptives.

(a)(1) The General Assembly hereby finds and declares all

of the following:

(A) Illinois has a long history of expanding timely

access to birth control to prevent unintended pregnancy.

(B) The federal Patient Protection and Affordable Care

Act includes a contraceptive coverage guarantee as part of

a broader requirement for health insurance to cover key

preventive care services without out-of-pocket costs for

patients.

(C) The General Assembly intends to build on existing

State and federal law to promote gender equity and women's

health and to ensure greater contraceptive coverage equity

and timely access to all federal Food and Drug

Administration approved methods of birth control for all

individuals covered by an individual or group health

insurance policy in Illinois.

(D) Medical management techniques such as denials,

step therapy, or prior authorization in public and private

health care coverage can impede access to the most

effective contraceptive methods.

(2) As used in this subsection (a):

"Contraceptive services" includes consultations,

examinations, procedures, and medical services related to the

use of contraceptive methods (including natural family

planning) to prevent an unintended pregnancy.

"Medical necessity", for the purposes of this subsection

(a), includes, but is not limited to, considerations such as

severity of side effects, differences in permanence and

reversibility of contraceptive, and ability to adhere to the

appropriate use of the item or service, as determined by the

attending provider.

"Therapeutic equivalent version" means drugs, devices, or

products that can be expected to have the same clinical effect

and safety profile when administered to patients under the

conditions specified in the labeling and satisfy the following

general criteria:

(i) they are approved as safe and effective;

(ii) they are pharmaceutical equivalents in that they

(A) contain identical amounts of the same active drug

ingredient in the same dosage form and route of

administration and (B) meet compendial or other applicable

standards of strength, quality, purity, and identity;

(iii) they are bioequivalent in that (A) they do not

present a known or potential bioequivalence problem and

they meet an acceptable in vitro standard or (B) if they do

present such a known or potential problem, they are shown

to meet an appropriate bioequivalence standard;

(iv) they are adequately labeled; and

(v) they are manufactured in compliance with Current

Good Manufacturing Practice regulations.

(3) An individual or group policy of accident and health

insurance amended, delivered, issued, or renewed in this State

after the effective date of this amendatory Act of the 99th

General Assembly shall provide coverage for all of the

following services and contraceptive methods:

(A) All contraceptive drugs, devices, and other

products approved by the United States Food and Drug

Administration. This includes all over-the-counter

contraceptive drugs, devices, and products approved by the

United States Food and Drug Administration, excluding male

condoms. The following apply:

(i) If the United States Food and Drug

Administration has approved one or more therapeutic

equivalent versions of a contraceptive drug, device,

or product, a policy is not required to include all

such therapeutic equivalent versions in its formulary,

so long as at least one is included and covered without

cost-sharing and in accordance with this Section.

(ii) If an individual's attending provider

recommends a particular service or item approved by the

United States Food and Drug Administration based on a

determination of medical necessity with respect to

that individual, the plan or issuer must cover that

service or item without cost sharing. The plan or

issuer must defer to the determination of the attending

provider.

(iii) If a drug, device, or product is not covered,

plans and issuers must have an easily accessible,

transparent, and sufficiently expedient process that

is not unduly burdensome on the individual or a

provider or other individual acting as a patient's

authorized representative to ensure coverage without

cost sharing.

(iv) This coverage must provide for the dispensing

of 12 months' worth of contraception at one time.

(B) Voluntary sterilization procedures.

(C) Contraceptive services, patient education, and

counseling on contraception.

(D) Follow-up services related to the drugs, devices,

products, and procedures covered under this Section,

including, but not limited to, management of side effects,

counseling for continued adherence, and device insertion

and removal.

(4) Except as otherwise provided in this subsection (a), a

policy subject to this subsection (a) shall not impose a

deductible, coinsurance, copayment, or any other cost-sharing

requirement on the coverage provided. The provisions of this

paragraph do not apply to coverage of voluntary male

sterilization procedures to the extent such coverage would

disqualify a high-deductible health plan from eligibility for a

health savings account pursuant to the federal Internal Revenue

Code, 26 U.S.C. 223.

(5) Except as otherwise authorized under this subsection

(a), a policy shall not impose any restrictions or delays on

the coverage required under this subsection (a).

(6) If, at any time, the Secretary of the United States

Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in the

Federal Register or publishes a comment in the Federal Register

or issues an opinion, guidance, or other action that would

require the State, pursuant to any provision of the Patient

Protection and Affordable Care Act (Public Law 111-148),

including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any

successor provision, to defray the cost of any coverage

outlined in this subsection (a), then this subsection (a) is

inoperative with respect to all coverage outlined in this

subsection (a) other than that authorized under Section 1902 of

the Social Security Act, 42 U.S.C. 1396a, and the State shall

not assume any obligation for the cost of the coverage set

forth in this subsection (a).

(b) This subsection (b) shall become operative if and only

if subsection (a) becomes inoperative.

An individual or group policy of accident and health

insurance amended, delivered, issued, or renewed in this State

after the date this subsection (b) becomes operative that

provides coverage for outpatient services and outpatient

prescription drugs or devices must provide coverage for the

insured and any dependent of the insured covered by the policy

for all outpatient contraceptive services and all outpatient

contraceptive drugs and devices approved by the Food and Drug

Administration. Coverage required under this Section may not

impose any deductible, coinsurance, waiting period, or other

cost-sharing or limitation that is greater than that required

for any outpatient service or outpatient prescription drug or

device otherwise covered by the policy.

Nothing in this subsection (b) shall be construed to

require an insurance company to cover services related to

permanent sterilization that requires a surgical procedure.

As used in this subsection (b), "outpatient contraceptive

service" means consultations, examinations, procedures, and

medical services, provided on an outpatient basis and related

to the use of contraceptive methods (including natural family

planning) to prevent an unintended pregnancy.

(c) (Blank). Nothing in this Section shall be construed to

require an insurance company to cover services related to an

abortion as the term "abortion" is defined in the Illinois

Abortion Law of 1975.

(d) If a plan or issuer utilizes a network of providers,

nothing in this Section shall be construed to require coverage

or to prohibit the plan or issuer from imposing cost-sharing

for items or services described in this Section that are

provided or delivered by an out-of-network provider, unless the

plan or issuer does not have in its network a provider who is

able to or is willing to provide the applicable items or

services.

(Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19.)

(215 ILCS 5/356z.4a new)

Sec. 356z.4a. Coverage for abortion.

(a) Except as otherwise provided in this Section, no

individual or group policy of accident and health insurance

that provides pregnancy-related benefits may be issued,

amended, delivered, or renewed in this State after the

effective date of this amendatory Act of the 101st General

Assembly unless the policy provides a covered person with

coverage for abortion care.

(b) Coverage for abortion care may not impose any

deductible, coinsurance, waiting period, or other cost-sharing

limitation that is greater than that required for other

pregnancy-related benefits covered by the policy.

(c) Except as otherwise authorized under this Section, a

policy shall not impose any restrictions or delays on the

coverage required under this Section.

(d) This Section does not, pursuant to 42 U.S.C.

18054(a)(6), apply to a multistate plan that does not provide

coverage for abortion.

(e) If the Department concludes that enforcement of this

Section may adversely affect the allocation of federal funds to

this State, the Department may grant an exemption to the

requirements, but only to the minimum extent necessary to

ensure the continued receipt of federal funds.

Section 910-35. The Health Maintenance Organization Act is

amended by changing Section 5-3 as follows:

(215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)

Sec. 5-3. Insurance Code provisions.

(a) Health Maintenance Organizations shall be subject to

the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,

154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,

355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,

356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,

356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,

356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,

364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,

368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,

409, 412, 444, and 444.1, paragraph (c) of subsection (2) of

Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,

XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.

(b) For purposes of the Illinois Insurance Code, except for

Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health

Maintenance Organizations in the following categories are

deemed to be "domestic companies":

(1) a corporation authorized under the Dental Service

Plan Act or the Voluntary Health Services Plans Act;

(2) a corporation organized under the laws of this

State; or

(3) a corporation organized under the laws of another

state, 30% or more of the enrollees of which are residents

of this State, except a corporation subject to

substantially the same requirements in its state of

organization as is a "domestic company" under Article VIII

1/2 of the Illinois Insurance Code.

(c) In considering the merger, consolidation, or other

acquisition of control of a Health Maintenance Organization

pursuant to Article VIII 1/2 of the Illinois Insurance Code,

(1) the Director shall give primary consideration to

the continuation of benefits to enrollees and the financial

conditions of the acquired Health Maintenance Organization

after the merger, consolidation, or other acquisition of

control takes effect;

(2)(i) the criteria specified in subsection (1)(b) of

Section 131.8 of the Illinois Insurance Code shall not

apply and (ii) the Director, in making his determination

with respect to the merger, consolidation, or other

acquisition of control, need not take into account the

effect on competition of the merger, consolidation, or

other acquisition of control;

(3) the Director shall have the power to require the

following information:

(A) certification by an independent actuary of the

adequacy of the reserves of the Health Maintenance

Organization sought to be acquired;

(B) pro forma financial statements reflecting the

combined balance sheets of the acquiring company and

the Health Maintenance Organization sought to be

acquired as of the end of the preceding year and as of

a date 90 days prior to the acquisition, as well as pro

forma financial statements reflecting projected

combined operation for a period of 2 years;

(C) a pro forma business plan detailing an

acquiring party's plans with respect to the operation

of the Health Maintenance Organization sought to be

acquired for a period of not less than 3 years; and

(D) such other information as the Director shall

require.

(d) The provisions of Article VIII 1/2 of the Illinois

Insurance Code and this Section 5-3 shall apply to the sale by

any health maintenance organization of greater than 10% of its

enrollee population (including without limitation the health

maintenance organization's right, title, and interest in and to

its health care certificates).

(e) In considering any management contract or service

agreement subject to Section 141.1 of the Illinois Insurance

Code, the Director (i) shall, in addition to the criteria

specified in Section 141.2 of the Illinois Insurance Code, take

into account the effect of the management contract or service

agreement on the continuation of benefits to enrollees and the

financial condition of the health maintenance organization to

be managed or serviced, and (ii) need not take into account the

effect of the management contract or service agreement on

competition.

(f) Except for small employer groups as defined in the

Small Employer Rating, Renewability and Portability Health

Insurance Act and except for medicare supplement policies as

defined in Section 363 of the Illinois Insurance Code, a Health

Maintenance Organization may by contract agree with a group or

other enrollment unit to effect refunds or charge additional

premiums under the following terms and conditions:

(i) the amount of, and other terms and conditions with

respect to, the refund or additional premium are set forth

in the group or enrollment unit contract agreed in advance

of the period for which a refund is to be paid or

additional premium is to be charged (which period shall not

be less than one year); and

(ii) the amount of the refund or additional premium

shall not exceed 20% of the Health Maintenance

Organization's profitable or unprofitable experience with

respect to the group or other enrollment unit for the

period (and, for purposes of a refund or additional

premium, the profitable or unprofitable experience shall

be calculated taking into account a pro rata share of the

Health Maintenance Organization's administrative and

marketing expenses, but shall not include any refund to be

made or additional premium to be paid pursuant to this

subsection (f)). The Health Maintenance Organization and

the group or enrollment unit may agree that the profitable

or unprofitable experience may be calculated taking into

account the refund period and the immediately preceding 2

plan years.

The Health Maintenance Organization shall include a

statement in the evidence of coverage issued to each enrollee

describing the possibility of a refund or additional premium,

and upon request of any group or enrollment unit, provide to

the group or enrollment unit a description of the method used

to calculate (1) the Health Maintenance Organization's

profitable experience with respect to the group or enrollment

unit and the resulting refund to the group or enrollment unit

or (2) the Health Maintenance Organization's unprofitable

experience with respect to the group or enrollment unit and the

resulting additional premium to be paid by the group or

enrollment unit.

In no event shall the Illinois Health Maintenance

Organization Guaranty Association be liable to pay any

contractual obligation of an insolvent organization to pay any

refund authorized under this Section.

(g) Rulemaking authority to implement Public Act 95-1045,

if any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;

100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.

8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

10-4-18.)

Section 910-40. The Voluntary Health Services Plans Act is

amended by changing Section 10 as follows:

(215 ILCS 165/10)  (from Ch. 32, par. 604)

Sec. 10. Application of Insurance Code provisions. Health

services plan corporations and all persons interested therein

or dealing therewith shall be subject to the provisions of

Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,

143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,

356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,

356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,

356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,

356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,

356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1, 402, 403,

403A, 408, 408.2, and 412, and paragraphs (7) and (15) of

Section 367 of the Illinois Insurance Code.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.

1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)

Section 910-45. The Medical Practice Act of 1987 is amended

by changing Section 22 and 36 as follows:

(225 ILCS 60/22)  (from Ch. 111, par. 4400-22)

(Section scheduled to be repealed on December 31, 2019)

Sec. 22. Disciplinary action.

(A) The Department may revoke, suspend, place on probation,

reprimand, refuse to issue or renew, or take any other

disciplinary or non-disciplinary action as the Department may

deem proper with regard to the license or permit of any person

issued under this Act, including imposing fines not to exceed

$10,000 for each violation, upon any of the following grounds:

(1) (Blank). Performance of an elective abortion in any

place, locale, facility, or institution other than:

(a) a facility licensed pursuant to the Ambulatory

Surgical Treatment Center Act;

(b) an institution licensed under the Hospital

Licensing Act;

(c) an ambulatory surgical treatment center or

hospitalization or care facility maintained by the

State or any agency thereof, where such department or

agency has authority under law to establish and enforce

standards for the ambulatory surgical treatment

centers, hospitalization, or care facilities under its

management and control;

(d) ambulatory surgical treatment centers,

hospitalization or care facilities maintained by the

Federal Government; or

(e) ambulatory surgical treatment centers,

hospitalization or care facilities maintained by any

university or college established under the laws of

this State and supported principally by public funds

raised by taxation.

(2) (Blank). Performance of an abortion procedure in a

willful and wanton manner on a woman who was not pregnant

at the time the abortion procedure was performed.

(3) A plea of guilty or nolo contendere, finding of

guilt, jury verdict, or entry of judgment or sentencing,

including, but not limited to, convictions, preceding

sentences of supervision, conditional discharge, or first

offender probation, under the laws of any jurisdiction of

the United States of any crime that is a felony.

(4) Gross negligence in practice under this Act.

(5) Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public.

(6) Obtaining any fee by fraud, deceit, or

misrepresentation.

(7) Habitual or excessive use or abuse of drugs defined

in law as controlled substances, of alcohol, or of any

other substances which results in the inability to practice

with reasonable judgment, skill or safety.

(8) Practicing under a false or, except as provided by

law, an assumed name.

(9) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(10) Making a false or misleading statement regarding

their skill or the efficacy or value of the medicine,

treatment, or remedy prescribed by them at their direction

in the treatment of any disease or other condition of the

body or mind.

(11) Allowing another person or organization to use

their license, procured under this Act, to practice.

(12) Adverse action taken by another state or

jurisdiction against a license or other authorization to

practice as a medical doctor, doctor of osteopathy, doctor

of osteopathic medicine or doctor of chiropractic, a

certified copy of the record of the action taken by the

other state or jurisdiction being prima facie evidence

thereof. This includes any adverse action taken by a State

or federal agency that prohibits a medical doctor, doctor

of osteopathy, doctor of osteopathic medicine, or doctor of

chiropractic from providing services to the agency's

participants.

(13) Violation of any provision of this Act or of the

Medical Practice Act prior to the repeal of that Act, or

violation of the rules, or a final administrative action of

the Secretary, after consideration of the recommendation

of the Disciplinary Board.

(14) Violation of the prohibition against fee

splitting in Section 22.2 of this Act.

(15) A finding by the Disciplinary Board that the

registrant after having his or her license placed on

probationary status or subjected to conditions or

restrictions violated the terms of the probation or failed

to comply with such terms or conditions.

(16) Abandonment of a patient.

(17) Prescribing, selling, administering,

distributing, giving or self-administering any drug

classified as a controlled substance (designated product)

or narcotic for other than medically accepted therapeutic

purposes.

(18) Promotion of the sale of drugs, devices,

appliances or goods provided for a patient in such manner

as to exploit the patient for financial gain of the

physician.

(19) Offering, undertaking or agreeing to cure or treat

disease by a secret method, procedure, treatment or

medicine, or the treating, operating or prescribing for any

human condition by a method, means or procedure which the

licensee refuses to divulge upon demand of the Department.

(20) Immoral conduct in the commission of any act

including, but not limited to, commission of an act of

sexual misconduct related to the licensee's practice.

(21) Willfully making or filing false records or

reports in his or her practice as a physician, including,

but not limited to, false records to support claims against

the medical assistance program of the Department of

Healthcare and Family Services (formerly Department of

Public Aid) under the Illinois Public Aid Code.

(22) Willful omission to file or record, or willfully

impeding the filing or recording, or inducing another

person to omit to file or record, medical reports as

required by law, or willfully failing to report an instance

of suspected abuse or neglect as required by law.

(23) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act, and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(24) Solicitation of professional patronage by any

corporation, agents or persons, or profiting from those

representing themselves to be agents of the licensee.

(25) Gross and willful and continued overcharging for

professional services, including filing false statements

for collection of fees for which services are not rendered,

including, but not limited to, filing such false statements

for collection of monies for services not rendered from the

medical assistance program of the Department of Healthcare

and Family Services (formerly Department of Public Aid)

under the Illinois Public Aid Code.

(26) A pattern of practice or other behavior which

demonstrates incapacity or incompetence to practice under

this Act.

(27) Mental illness or disability which results in the

inability to practice under this Act with reasonable

judgment, skill or safety.

(28) Physical illness, including, but not limited to,

deterioration through the aging process, or loss of motor

skill which results in a physician's inability to practice

under this Act with reasonable judgment, skill or safety.

(29) Cheating on or attempt to subvert the licensing

examinations administered under this Act.

(30) Willfully or negligently violating the

confidentiality between physician and patient except as

required by law.

(31) The use of any false, fraudulent, or deceptive

statement in any document connected with practice under

this Act.

(32) Aiding and abetting an individual not licensed

under this Act in the practice of a profession licensed

under this Act.

(33) Violating state or federal laws or regulations

relating to controlled substances, legend drugs, or

ephedra as defined in the Ephedra Prohibition Act.

(34) Failure to report to the Department any adverse

final action taken against them by another licensing

jurisdiction (any other state or any territory of the

United States or any foreign state or country), by any peer

review body, by any health care institution, by any

professional society or association related to practice

under this Act, by any governmental agency, by any law

enforcement agency, or by any court for acts or conduct

similar to acts or conduct which would constitute grounds

for action as defined in this Section.

(35) Failure to report to the Department surrender of a

license or authorization to practice as a medical doctor, a

doctor of osteopathy, a doctor of osteopathic medicine, or

doctor of chiropractic in another state or jurisdiction, or

surrender of membership on any medical staff or in any

medical or professional association or society, while

under disciplinary investigation by any of those

authorities or bodies, for acts or conduct similar to acts

or conduct which would constitute grounds for action as

defined in this Section.

(36) Failure to report to the Department any adverse

judgment, settlement, or award arising from a liability

claim related to acts or conduct similar to acts or conduct

which would constitute grounds for action as defined in

this Section.

(37) Failure to provide copies of medical records as

required by law.

(38) Failure to furnish the Department, its

investigators or representatives, relevant information,

legally requested by the Department after consultation

with the Chief Medical Coordinator or the Deputy Medical

Coordinator.

(39) Violating the Health Care Worker Self-Referral

Act.

(40) Willful failure to provide notice when notice is

required under the Parental Notice of Abortion Act of 1995.

(41) Failure to establish and maintain records of

patient care and treatment as required by this law.

(42) Entering into an excessive number of written

collaborative agreements with licensed advanced practice

registered nurses resulting in an inability to adequately

collaborate.

(43) Repeated failure to adequately collaborate with a

licensed advanced practice registered nurse.

(44) Violating the Compassionate Use of Medical

Cannabis Pilot Program Act.

(45) Entering into an excessive number of written

collaborative agreements with licensed prescribing

psychologists resulting in an inability to adequately

collaborate.

(46) Repeated failure to adequately collaborate with a

licensed prescribing psychologist.

(47) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(48) Being named as an abuser in a verified report by

the Department on Aging under the Adult Protective Services

Act, and upon proof by clear and convincing evidence that

the licensee abused, neglected, or financially exploited

an eligible adult as defined in the Adult Protective

Services Act.

(49) Entering into an excessive number of written

collaborative agreements with licensed physician

assistants resulting in an inability to adequately

collaborate.

(50) Repeated failure to adequately collaborate with a

physician assistant.

Except for actions involving the ground numbered (26), all

proceedings to suspend, revoke, place on probationary status,

or take any other disciplinary action as the Department may

deem proper, with regard to a license on any of the foregoing

grounds, must be commenced within 5 years next after receipt by

the Department of a complaint alleging the commission of or

notice of the conviction order for any of the acts described

herein. Except for the grounds numbered (8), (9), (26), and

(29), no action shall be commenced more than 10 years after the

date of the incident or act alleged to have violated this

Section. For actions involving the ground numbered (26), a

pattern of practice or other behavior includes all incidents

alleged to be part of the pattern of practice or other behavior

that occurred, or a report pursuant to Section 23 of this Act

received, within the 10-year period preceding the filing of the

complaint. In the event of the settlement of any claim or cause

of action in favor of the claimant or the reduction to final

judgment of any civil action in favor of the plaintiff, such

claim, cause of action or civil action being grounded on the

allegation that a person licensed under this Act was negligent

in providing care, the Department shall have an additional

period of 2 years from the date of notification to the

Department under Section 23 of this Act of such settlement or

final judgment in which to investigate and commence formal

disciplinary proceedings under Section 36 of this Act, except

as otherwise provided by law. The time during which the holder

of the license was outside the State of Illinois shall not be

included within any period of time limiting the commencement of

disciplinary action by the Department.

The entry of an order or judgment by any circuit court

establishing that any person holding a license under this Act

is a person in need of mental treatment operates as a

suspension of that license. That person may resume their

practice only upon the entry of a Departmental order based upon

a finding by the Disciplinary Board that they have been

determined to be recovered from mental illness by the court and

upon the Disciplinary Board's recommendation that they be

permitted to resume their practice.

The Department may refuse to issue or take disciplinary

action concerning the license of any person who fails to file a

return, or to pay the tax, penalty or interest shown in a filed

return, or to pay any final assessment of tax, penalty or

interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied as determined by

the Illinois Department of Revenue.

The Department, upon the recommendation of the

Disciplinary Board, shall adopt rules which set forth standards

to be used in determining:

(a) when a person will be deemed sufficiently

rehabilitated to warrant the public trust;

(b) what constitutes dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(c) what constitutes immoral conduct in the commission

of any act, including, but not limited to, commission of an

act of sexual misconduct related to the licensee's

practice; and

(d) what constitutes gross negligence in the practice

of medicine.

However, no such rule shall be admissible into evidence in

any civil action except for review of a licensing or other

disciplinary action under this Act.

In enforcing this Section, the Disciplinary Board or the

Licensing Board, upon a showing of a possible violation, may

compel, in the case of the Disciplinary Board, any individual

who is licensed to practice under this Act or holds a permit to

practice under this Act, or, in the case of the Licensing

Board, any individual who has applied for licensure or a permit

pursuant to this Act, to submit to a mental or physical

examination and evaluation, or both, which may include a

substance abuse or sexual offender evaluation, as required by

the Licensing Board or Disciplinary Board and at the expense of

the Department. The Disciplinary Board or Licensing Board shall

specifically designate the examining physician licensed to

practice medicine in all of its branches or, if applicable, the

multidisciplinary team involved in providing the mental or

physical examination and evaluation, or both. The

multidisciplinary team shall be led by a physician licensed to

practice medicine in all of its branches and may consist of one

or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing. The Disciplinary Board, the

Licensing Board, or the Department may order the examining

physician or any member of the multidisciplinary team to

provide to the Department, the Disciplinary Board, or the

Licensing Board any and all records, including business

records, that relate to the examination and evaluation,

including any supplemental testing performed. The Disciplinary

Board, the Licensing Board, or the Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the licensee, permit holder, or applicant,

including testimony concerning any supplemental testing or

documents relating to the examination and evaluation. No

information, report, record, or other documents in any way

related to the examination and evaluation shall be excluded by

reason of any common law or statutory privilege relating to

communication between the licensee, permit holder, or

applicant and the examining physician or any member of the

multidisciplinary team. No authorization is necessary from the

licensee, permit holder, or applicant ordered to undergo an

evaluation and examination for the examining physician or any

member of the multidisciplinary team to provide information,

reports, records, or other documents or to provide any

testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination. Failure of any individual to submit

to mental or physical examination and evaluation, or both, when

directed, shall result in an automatic suspension, without

hearing, until such time as the individual submits to the

examination. If the Disciplinary Board or Licensing Board finds

a physician unable to practice following an examination and

evaluation because of the reasons set forth in this Section,

the Disciplinary Board or Licensing Board shall require such

physician to submit to care, counseling, or treatment by

physicians, or other health care professionals, approved or

designated by the Disciplinary Board, as a condition for

issued, continued, reinstated, or renewed licensure to

practice. Any physician, whose license was granted pursuant to

Sections 9, 17, or 19 of this Act, or, continued, reinstated,

renewed, disciplined or supervised, subject to such terms,

conditions or restrictions who shall fail to comply with such

terms, conditions or restrictions, or to complete a required

program of care, counseling, or treatment, as determined by the

Chief Medical Coordinator or Deputy Medical Coordinators,

shall be referred to the Secretary for a determination as to

whether the licensee shall have their license suspended

immediately, pending a hearing by the Disciplinary Board. In

instances in which the Secretary immediately suspends a license

under this Section, a hearing upon such person's license must

be convened by the Disciplinary Board within 15 days after such

suspension and completed without appreciable delay. The

Disciplinary Board shall have the authority to review the

subject physician's record of treatment and counseling

regarding the impairment, to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act, affected under this

Section, shall be afforded an opportunity to demonstrate to the

Disciplinary Board that they can resume practice in compliance

with acceptable and prevailing standards under the provisions

of their license.

The Department may promulgate rules for the imposition of

fines in disciplinary cases, not to exceed $10,000 for each

violation of this Act. Fines may be imposed in conjunction with

other forms of disciplinary action, but shall not be the

exclusive disposition of any disciplinary action arising out of

conduct resulting in death or injury to a patient. Any funds

collected from such fines shall be deposited in the Illinois

State Medical Disciplinary Fund.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(B) The Department shall revoke the license or permit

issued under this Act to practice medicine or a chiropractic

physician who has been convicted a second time of committing

any felony under the Illinois Controlled Substances Act or the

Methamphetamine Control and Community Protection Act, or who

has been convicted a second time of committing a Class 1 felony

under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

person whose license or permit is revoked under this subsection

B shall be prohibited from practicing medicine or treating

human ailments without the use of drugs and without operative

surgery.

(C) The Department shall not revoke, suspend, place on

probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the

license or permit issued under this Act to practice medicine to

a physician:

(1) based solely upon the recommendation of the

physician to an eligible patient regarding, or

prescription for, or treatment with, an investigational

drug, biological product, or device; or

(2) for experimental treatment for Lyme disease or

other tick-borne diseases, including, but not limited to,

the prescription of or treatment with long-term

antibiotics.

(D) The Disciplinary Board shall recommend to the

Department civil penalties and any other appropriate

discipline in disciplinary cases when the Board finds that a

physician willfully performed an abortion with actual

knowledge that the person upon whom the abortion has been

performed is a minor or an incompetent person without notice as

required under the Parental Notice of Abortion Act of 1995.

Upon the Board's recommendation, the Department shall impose,

for the first violation, a civil penalty of $1,000 and for a

second or subsequent violation, a civil penalty of $5,000.

(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;

100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.

1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised

12-19-18.)

(225 ILCS 60/36)  (from Ch. 111, par. 4400-36)

(Section scheduled to be repealed on December 31, 2019)

Sec. 36. Investigation; notice.

(a) Upon the motion of either the Department or the

Disciplinary Board or upon the verified complaint in writing of

any person setting forth facts which, if proven, would

constitute grounds for suspension or revocation under Section

22 of this Act, the Department shall investigate the actions of

any person, so accused, who holds or represents that they hold

a license. Such person is hereinafter called the accused.

(b) The Department shall, before suspending, revoking,

placing on probationary status, or taking any other

disciplinary action as the Department may deem proper with

regard to any license at least 30 days prior to the date set

for the hearing, notify the accused in writing of any charges

made and the time and place for a hearing of the charges before

the Disciplinary Board, direct them to file their written

answer thereto to the Disciplinary Board under oath within 20

days after the service on them of such notice and inform them

that if they fail to file such answer default will be taken

against them and their license may be suspended, revoked,

placed on probationary status, or have other disciplinary

action, including limiting the scope, nature or extent of their

practice, as the Department may deem proper taken with regard

thereto. The Department shall, at least 14 days prior to the

date set for the hearing, notify in writing any person who

filed a complaint against the accused of the time and place for

the hearing of the charges against the accused before the

Disciplinary Board and inform such person whether he or she may

provide testimony at the hearing.

(c) (Blank). Where a physician has been found, upon

complaint and investigation of the Department, and after

hearing, to have performed an abortion procedure in a wilful

and wanton manner upon a woman who was not pregnant at the time

such abortion procedure was performed, the Department shall

automatically revoke the license of such physician to practice

medicine in Illinois.

(d) Such written notice and any notice in such proceedings

thereafter may be served by delivery of the same, personally,

to the accused person, or by mailing the same by registered or

certified mail to the accused person's address of record.

(e) All information gathered by the Department during its

investigation including information subpoenaed under Section

23 or 38 of this Act and the investigative file shall be kept

for the confidential use of the Secretary, Disciplinary Board,

the Medical Coordinators, persons employed by contract to

advise the Medical Coordinator or the Department, the

Disciplinary Board's attorneys, the medical investigative

staff, and authorized clerical staff, as provided in this Act

and shall be afforded the same status as is provided

information concerning medical studies in Part 21 of Article

VIII of the Code of Civil Procedure, except that the Department

may disclose information and documents to a federal, State, or

local law enforcement agency pursuant to a subpoena in an

ongoing criminal investigation to a health care licensing body

of this State or another state or jurisdiction pursuant to an

official request made by that licensing body. Furthermore,

information and documents disclosed to a federal, State, or

local law enforcement agency may be used by that agency only

for the investigation and prosecution of a criminal offense or,

in the case of disclosure to a health care licensing body, only

for investigations and disciplinary action proceedings with

regard to a license issued by that licensing body.

(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;

98-1140, eff. 12-30-14.)

Section 910-50. The Nurse Practice Act is amended by

changing Section 65-35 and 65-43 as follows:

(225 ILCS 65/65-35)   (was 225 ILCS 65/15-15)

(Section scheduled to be repealed on January 1, 2028)

Sec. 65-35. Written collaborative agreements.

(a) A written collaborative agreement is required for all

advanced practice registered nurses engaged in clinical

practice prior to meeting the requirements of Section 65-43,

except for advanced practice registered nurses who are

privileged to practice in a hospital, hospital affiliate, or

ambulatory surgical treatment center.

(a-5) If an advanced practice registered nurse engages in

clinical practice outside of a hospital, hospital affiliate, or

ambulatory surgical treatment center in which he or she is

privileged to practice, the advanced practice registered nurse

must have a written collaborative agreement, except as set

forth in Section 65-43.

(b) A written collaborative agreement shall describe the

relationship of the advanced practice registered nurse with the

collaborating physician and shall describe the categories of

care, treatment, or procedures to be provided by the advanced

practice registered nurse. A collaborative agreement with a

podiatric physician must be in accordance with subsection (c-5)

or (c-15) of this Section. A collaborative agreement with a

dentist must be in accordance with subsection (c-10) of this

Section. A collaborative agreement with a podiatric physician

must be in accordance with subsection (c-5) of this Section.

Collaboration does not require an employment relationship

between the collaborating physician and the advanced practice

registered nurse.

The collaborative relationship under an agreement shall

not be construed to require the personal presence of a

collaborating physician at the place where services are

rendered. Methods of communication shall be available for

consultation with the collaborating physician in person or by

telecommunications or electronic communications as set forth

in the written agreement.

(b-5) Absent an employment relationship, a written

collaborative agreement may not (1) restrict the categories of

patients of an advanced practice registered nurse within the

scope of the advanced practice registered nurses training and

experience, (2) limit third party payors or government health

programs, such as the medical assistance program or Medicare

with which the advanced practice registered nurse contracts, or

(3) limit the geographic area or practice location of the

advanced practice registered nurse in this State.

(c) In the case of anesthesia services provided by a

certified registered nurse anesthetist, an anesthesiologist, a

physician, a dentist, or a podiatric physician must participate

through discussion of and agreement with the anesthesia plan

and remain physically present and available on the premises

during the delivery of anesthesia services for diagnosis,

consultation, and treatment of emergency medical conditions.

(c-5) A certified registered nurse anesthetist, who

provides anesthesia services outside of a hospital or

ambulatory surgical treatment center shall enter into a written

collaborative agreement with an anesthesiologist or the

physician licensed to practice medicine in all its branches or

the podiatric physician performing the procedure. Outside of a

hospital or ambulatory surgical treatment center, the

certified registered nurse anesthetist may provide only those

services that the collaborating podiatric physician is

authorized to provide pursuant to the Podiatric Medical

Practice Act of 1987 and rules adopted thereunder. A certified

registered nurse anesthetist may select, order, and administer

medication, including controlled substances, and apply

appropriate medical devices for delivery of anesthesia

services under the anesthesia plan agreed with by the

anesthesiologist or the operating physician or operating

podiatric physician.

(c-10) A certified registered nurse anesthetist who

provides anesthesia services in a dental office shall enter

into a written collaborative agreement with an

anesthesiologist or the physician licensed to practice

medicine in all its branches or the operating dentist

performing the procedure. The agreement shall describe the

working relationship of the certified registered nurse

anesthetist and dentist and shall authorize the categories of

care, treatment, or procedures to be performed by the certified

registered nurse anesthetist. In a collaborating dentist's

office, the certified registered nurse anesthetist may only

provide those services that the operating dentist with the

appropriate permit is authorized to provide pursuant to the

Illinois Dental Practice Act and rules adopted thereunder. For

anesthesia services, an anesthesiologist, physician, or

operating dentist shall participate through discussion of and

agreement with the anesthesia plan and shall remain physically

present and be available on the premises during the delivery of

anesthesia services for diagnosis, consultation, and treatment

of emergency medical conditions. A certified registered nurse

anesthetist may select, order, and administer medication,

including controlled substances, and apply appropriate medical

devices for delivery of anesthesia services under the

anesthesia plan agreed with by the operating dentist.

(c-15) An advanced practice registered nurse who had a

written collaborative agreement with a podiatric physician

immediately before the effective date of Public Act 100-513 may

continue in that collaborative relationship or enter into a new

written collaborative relationship with a podiatric physician

under the requirements of this Section and Section 65-40, as

those Sections existed immediately before the amendment of

those Sections by Public Act 100-513 with regard to a written

collaborative agreement between an advanced practice

registered nurse and a podiatric physician.

(d) A copy of the signed, written collaborative agreement

must be available to the Department upon request from both the

advanced practice registered nurse and the collaborating

physician, dentist, or podiatric physician.

(e) Nothing in this Act shall be construed to limit the

delegation of tasks or duties by a physician to a licensed

practical nurse, a registered professional nurse, or other

persons in accordance with Section 54.2 of the Medical Practice

Act of 1987. Nothing in this Act shall be construed to limit

the method of delegation that may be authorized by any means,

including, but not limited to, oral, written, electronic,

standing orders, protocols, guidelines, or verbal orders.

(e-5) Nothing in this Act shall be construed to authorize

an advanced practice registered nurse to provide health care

services required by law or rule to be performed by a

physician. The scope of practice of an advanced practice

registered nurse does not include operative surgery. Nothing in

this Section shall be construed to preclude an advanced

practice registered nurse from assisting in surgery , including

those acts to be performed by a physician in Section 3.1 of the

Illinois Abortion Law of 1975.

(f) An advanced practice registered nurse shall inform each

collaborating physician, dentist, or podiatric physician of

all collaborative agreements he or she has signed and provide a

copy of these to any collaborating physician, dentist, or

podiatric physician upon request.

(g) (Blank).

(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;

100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)

(225 ILCS 65/65-43)

(Section scheduled to be repealed on January 1, 2028)

Sec. 65-43. Full practice authority.

(a) An Illinois-licensed advanced practice registered

nurse certified as a nurse practitioner, nurse midwife, or

clinical nurse specialist shall be deemed by law to possess the

ability to practice without a written collaborative agreement

as set forth in this Section.

(b) An advanced practice registered nurse certified as a

nurse midwife, clinical nurse specialist, or nurse

practitioner who files with the Department a notarized

attestation of completion of at least 250 hours of continuing

education or training and at least 4,000 hours of clinical

experience after first attaining national certification shall

not require a written collaborative agreement, except as

specified in subsection (c). Documentation of successful

completion shall be provided to the Department upon request.

Continuing education or training hours required by

subsection (b) shall be in the advanced practice registered

nurse's area of certification as set forth by Department rule.

The clinical experience must be in the advanced practice

registered nurse's area of certification. The clinical

experience shall be in collaboration with a physician or

physicians. Completion of the clinical experience must be

attested to by the collaborating physician or physicians and

the advanced practice registered nurse.

(c) The scope of practice of an advanced practice

registered nurse with full practice authority includes:

(1) all matters included in subsection (c) of Section

65-30 of this Act;

(2) practicing without a written collaborative

agreement in all practice settings consistent with

national certification;

(3) authority to prescribe both legend drugs and

Schedule II through V controlled substances; this

authority includes prescription of, selection of, orders

for, administration of, storage of, acceptance of samples

of, and dispensing over the counter medications, legend

drugs, and controlled substances categorized as any

Schedule II through V controlled substances, as defined in

Article II of the Illinois Controlled Substances Act, and

other preparations, including, but not limited to,

botanical and herbal remedies;

(4) prescribing benzodiazepines or Schedule II

narcotic drugs, such as opioids, only in a consultation

relationship with a physician; this consultation

relationship shall be recorded in the Prescription

Monitoring Program website, pursuant to Section 316 of the

Illinois Controlled Substances Act, by the physician and

advanced practice registered nurse with full practice

authority and is not required to be filed with the

Department; the specific Schedule II narcotic drug must be

identified by either brand name or generic name; the

specific Schedule II narcotic drug, such as an opioid, may

be administered by oral dosage or topical or transdermal

application; delivery by injection or other route of

administration is not permitted; at least monthly, the

advanced practice registered nurse and the physician must

discuss the condition of any patients for whom a

benzodiazepine or opioid is prescribed; nothing in this

subsection shall be construed to require a prescription by

an advanced practice registered nurse with full practice

authority to require a physician name;

(5) authority to obtain an Illinois controlled

substance license and a federal Drug Enforcement

Administration number; and

(6) use of only local anesthetic.

The scope of practice of an advanced practice registered

nurse does not include operative surgery. Nothing in this

Section shall be construed to preclude an advanced practice

registered nurse from assisting in surgery.

(d) The Department may adopt rules necessary to administer

this Section, including, but not limited to, requiring the

completion of forms and the payment of fees.

(e) Nothing in this Act shall be construed to authorize an

advanced practice registered nurse with full practice

authority to provide health care services required by law or

rule to be performed by a physician, including, but not limited

to, those acts to be performed by a physician in Section 3.1 of

the Illinois Abortion Law of 1975.

(Source: P.A. 100-513, eff. 1-1-18.)

Section 910-53. The Physician Assistant Practice Act of

1987 is amended by changing Section 7.5 as follows:

(225 ILCS 95/7.5)

(Section scheduled to be repealed on January 1, 2028)

Sec. 7.5. Written collaborative agreements; prescriptive

authority.

(a) A written collaborative agreement is required for all

physician assistants to practice in the State, except as

provided in Section 7.7 of this Act.

(1) A written collaborative agreement shall describe

the working relationship of the physician assistant with

the collaborating physician and shall describe the

categories of care, treatment, or procedures to be provided

by the physician assistant. The written collaborative

agreement shall promote the exercise of professional

judgment by the physician assistant commensurate with his

or her education and experience. The services to be

provided by the physician assistant shall be services that

the collaborating physician is authorized to and generally

provides to his or her patients in the normal course of his

or her clinical medical practice. The written

collaborative agreement need not describe the exact steps

that a physician assistant must take with respect to each

specific condition, disease, or symptom but must specify

which authorized procedures require the presence of the

collaborating physician as the procedures are being

performed. The relationship under a written collaborative

agreement shall not be construed to require the personal

presence of a physician at the place where services are

rendered. Methods of communication shall be available for

consultation with the collaborating physician in person or

by telecommunications or electronic communications as set

forth in the written collaborative agreement. For the

purposes of this Act, "generally provides to his or her

patients in the normal course of his or her clinical

medical practice" means services, not specific tasks or

duties, the collaborating physician routinely provides

individually or through delegation to other persons so that

the physician has the experience and ability to collaborate

and provide consultation.

(2) The written collaborative agreement shall be

adequate if a physician does each of the following:

(A) Participates in the joint formulation and

joint approval of orders or guidelines with the

physician assistant and he or she periodically reviews

such orders and the services provided patients under

such orders in accordance with accepted standards of

medical practice and physician assistant practice.

(B) Provides consultation at least once a month.

(3) A copy of the signed, written collaborative

agreement must be available to the Department upon request

from both the physician assistant and the collaborating

physician.

(4) A physician assistant shall inform each

collaborating physician of all written collaborative

agreements he or she has signed and provide a copy of these

to any collaborating physician upon request.

(b) A collaborating physician may, but is not required to,

delegate prescriptive authority to a physician assistant as

part of a written collaborative agreement. This authority may,

but is not required to, include prescription of, selection of,

orders for, administration of, storage of, acceptance of

samples of, and dispensing medical devices, over the counter

medications, legend drugs, medical gases, and controlled

substances categorized as Schedule II through V controlled

substances, as defined in Article II of the Illinois Controlled

Substances Act, and other preparations, including, but not

limited to, botanical and herbal remedies. The collaborating

physician must have a valid, current Illinois controlled

substance license and federal registration with the Drug

Enforcement Agency to delegate the authority to prescribe

controlled substances.

(1) To prescribe Schedule II, III, IV, or V controlled

substances under this Section, a physician assistant must

obtain a mid-level practitioner controlled substances

license. Medication orders issued by a physician assistant

shall be reviewed periodically by the collaborating

physician.

(2) The collaborating physician shall file with the

Department notice of delegation of prescriptive authority

to a physician assistant and termination of delegation,

specifying the authority delegated or terminated. Upon

receipt of this notice delegating authority to prescribe

controlled substances, the physician assistant shall be

eligible to register for a mid-level practitioner

controlled substances license under Section 303.05 of the

Illinois Controlled Substances Act. Nothing in this Act

shall be construed to limit the delegation of tasks or

duties by the collaborating physician to a nurse or other

appropriately trained persons in accordance with Section

54.2 of the Medical Practice Act of 1987.

(3) In addition to the requirements of this subsection

(b), a collaborating physician may, but is not required to,

delegate authority to a physician assistant to prescribe

Schedule II controlled substances, if all of the following

conditions apply:

(A) Specific Schedule II controlled substances by

oral dosage or topical or transdermal application may

be delegated, provided that the delegated Schedule II

controlled substances are routinely prescribed by the

collaborating physician. This delegation must identify

the specific Schedule II controlled substances by

either brand name or generic name. Schedule II

controlled substances to be delivered by injection or

other route of administration may not be delegated.

(B) (Blank).

(C) Any prescription must be limited to no more

than a 30-day supply, with any continuation authorized

only after prior approval of the collaborating

physician.

(D) The physician assistant must discuss the

condition of any patients for whom a controlled

substance is prescribed monthly with the collaborating

physician.

(E) The physician assistant meets the education

requirements of Section 303.05 of the Illinois

Controlled Substances Act.

(c) Nothing in this Act shall be construed to limit the

delegation of tasks or duties by a physician to a licensed

practical nurse, a registered professional nurse, or other

persons. Nothing in this Act shall be construed to limit the

method of delegation that may be authorized by any means,

including, but not limited to, oral, written, electronic,

standing orders, protocols, guidelines, or verbal orders.

Nothing in this Act shall be construed to authorize a physician

assistant to provide health care services required by law or

rule to be performed by a physician. Nothing in this Act shall

be construed to authorize the delegation or performance of

operative surgery. Nothing in this Section shall be construed

to preclude a physician assistant from assisting in surgery.

(c-5) Nothing in this Section shall be construed to apply

to any medication authority, including Schedule II controlled

substances of a licensed physician assistant for care provided

in a hospital, hospital affiliate, or ambulatory surgical

treatment center pursuant to Section 7.7 of this Act.

(d) (Blank).

(e) Nothing in this Section shall be construed to prohibit

generic substitution.

(Source: P.A. 100-453, eff. 8-25-17.)

Section 910-55. The Vital Records Act is amended by

changing Section 1 as follows:

(410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)

Sec. 1. As used in this Act, unless the context otherwise

requires:

(1) "Vital records" means records of births, deaths, fetal

deaths, marriages, dissolution of marriages, and data related

thereto.

(2) "System of vital records" includes the registration,

collection, preservation, amendment, and certification of

vital records, and activities related thereto.

(3) "Filing" means the presentation of a certificate,

report, or other record provided for in this Act, of a birth,

death, fetal death, adoption, marriage, or dissolution of

marriage, for registration by the Office of Vital Records.

(4) "Registration" means the acceptance by the Office of

Vital Records and the incorporation in its official records of

certificates, reports, or other records provided for in this

Act, of births, deaths, fetal deaths, adoptions, marriages, or

dissolution of marriages.

(5) "Live birth" means the complete expulsion or extraction

from its mother of a product of human conception, irrespective

of the duration of pregnancy, which after such separation

breathes or shows any other evidence of life such as beating of

the heart, pulsation of the umbilical cord, or definite

movement of voluntary muscles, whether or not the umbilical

cord has been cut or the placenta is attached.

(6) "Fetal death" means death prior to the complete

expulsion or extraction from the uterus its mother of a product

of human conception, irrespective of the duration of pregnancy,

and which is not due to an abortion as defined in Section 1-10

of the Reproductive Health Act. ; The the death is indicated by

the fact that after such separation the fetus does not breathe

or show any other evidence of life such as beating of the

heart, pulsation of the umbilical cord, or definite movement of

voluntary muscles.

(7) "Dead body" means a lifeless human body or parts of

such body or bones thereof from the state of which it may

reasonably be concluded that death has occurred.

(8) "Final disposition" means the burial, cremation, or

other disposition of a dead human body or fetus or parts

thereof.

(9) "Physician" means a person licensed to practice

medicine in Illinois or any other state.

(10) "Institution" means any establishment, public or

private, which provides in-patient medical, surgical, or

diagnostic care or treatment, or nursing, custodial, or

domiciliary care to 2 or more unrelated individuals, or to

which persons are committed by law.

(11) "Department" means the Department of Public Health of

the State of Illinois.

(12) "Director" means the Director of the Illinois

Department of Public Health.

(13) "Licensed health care professional" means a person

licensed to practice as a physician, advanced practice

registered nurse, or physician assistant in Illinois or any

other state.

(14) "Licensed mental health professional" means a person

who is licensed or registered to provide mental health services

by the Department of Financial and Professional Regulation or a

board of registration duly authorized to register or grant

licenses to persons engaged in the practice of providing mental

health services in Illinois or any other state.

(15) "Intersex condition" means a condition in which a

person is born with a reproductive or sexual anatomy or

chromosome pattern that does not fit typical definitions of

male or female.

(16) "Homeless person" means an individual who meets the

definition of "homeless" under Section 103 of the federal

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an

individual residing in any of the living situations described

in 42 U.S.C. 11434a(2).

(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;

100-863, eff. 8-14-18.)

Section 910-60. The Environmental Protection Act is

amended by changing Section 56.1 as follows:

(415 ILCS 5/56.1)  (from Ch. 111 1/2, par. 1056.1)

Sec. 56.1. Acts prohibited.

(A) No person shall:

(a) Cause or allow the disposal of any potentially

infectious medical waste. Sharps may be disposed in any

landfill permitted by the Agency under Section 21 of this

Act to accept municipal waste for disposal, if both:

(1) the infectious potential has been eliminated

from the sharps by treatment; and

(2) the sharps are packaged in accordance with

Board regulations.

(b) Cause or allow the delivery of any potentially

infectious medical waste for transport, storage,

treatment, or transfer except in accordance with Board

regulations.

(c) Beginning July 1, 1992, cause or allow the delivery

of any potentially infectious medical waste to a person or

facility for storage, treatment, or transfer that does not

have a permit issued by the agency to receive potentially

infectious medical waste, unless no permit is required

under subsection (g)(1).

(d) Beginning July 1, 1992, cause or allow the delivery

or transfer of any potentially infectious medical waste for

transport unless:

(1) the transporter has a permit issued by the

Agency to transport potentially infectious medical

waste, or the transporter is exempt from the permit

requirement set forth in subsection (f)(l).

(2) a potentially infectious medical waste

manifest is completed for the waste if a manifest is

required under subsection (h).

(e) Cause or allow the acceptance of any potentially

infectious medical waste for purposes of transport,

storage, treatment, or transfer except in accordance with

Board regulations.

(f) Beginning July 1, 1992, conduct any potentially

infectious medical waste transportation operation:

(1) Without a permit issued by the Agency to

transport potentially infectious medical waste. No

permit is required under this provision (f)(1) for:

(A) a person transporting potentially

infectious medical waste generated solely by that

person's activities;

(B) noncommercial transportation of less than

50 pounds of potentially infectious medical waste

at any one time; or

(C) the U.S. Postal Service.

(2) In violation of any condition of any permit

issued by the Agency under this Act.

(3) In violation of any regulation adopted by the

Board.

(4) In violation of any order adopted by the Board

under this Act.

(g) Beginning July 1, 1992, conduct any potentially

infectious medical waste treatment, storage, or transfer

operation:

(1) without a permit issued by the Agency that

specifically authorizes the treatment, storage, or

transfer of potentially infectious medical waste. No

permit is required under this subsection (g) or

subsection (d)(1) of Section 21 for any:

(A) Person conducting a potentially infectious

medical waste treatment, storage, or transfer

operation for potentially infectious medical waste

generated by the person's own activities that are

treated, stored, or transferred within the site

where the potentially infectious medical waste is

generated.

(B) Hospital that treats, stores, or transfers

only potentially infectious medical waste

generated by its own activities or by members of

its medical staff.

(C) Sharps collection station that is operated

in accordance with Section 56.7.

(2) in violation of any condition of any permit

issued by the Agency under this Act.

(3) in violation of any regulation adopted by the

Board.

(4) In violation of any order adopted by the Board

under this Act.

(h) Transport potentially infectious medical waste

unless the transporter carries a completed potentially

infectious medical waste manifest. No manifest is required

for the transportation of:

(1) potentially infectious medical waste being

transported by generators who generated the waste by

their own activities, when the potentially infectious

medical waste is transported within or between sites or

facilities owned, controlled, or operated by that

person;

(2) less than 50 pounds of potentially infectious

medical waste at any one time for a noncommercial

transportation activity; or

(3) potentially infectious medical waste by the

U.S. Postal Service.

(i) Offer for transportation, transport, deliver,

receive or accept potentially infectious medical waste for

which a manifest is required, unless the manifest indicates

that the fee required under Section 56.4 of this Act has

been paid.

(j) Beginning January 1, 1994, conduct a potentially

infectious medical waste treatment operation at an

incinerator in existence on the effective date of this

Title in violation of emission standards established for

these incinerators under Section 129 of the Clean Air Act

(42 USC 7429), as amended.

(k) Beginning July 1, 2015, knowingly mix household

sharps, including, but not limited to, hypodermic,

intravenous, or other medical needles or syringes or other

medical household waste containing used or unused sharps,

including, but not limited to, hypodermic, intravenous, or

other medical needles or syringes or other sharps, with any

other material intended for collection as a recyclable

material by a residential hauler.

(l) Beginning on July 1, 2015, knowingly place

household sharps into a container intended for collection

by a residential hauler for processing at a recycling

center.

(B) In making its orders and determinations relative to

penalties, if any, to be imposed for violating subdivision

(A)(a) of this Section, the Board, in addition to the factors

in Sections 33(c) and 42(h) of this Act, or the Court shall

take into consideration whether the owner or operator of the

landfill reasonably relied on written statements from the

person generating or treating the waste that the waste is not

potentially infectious medical waste.

(C) Notwithstanding subsection (A) or any other provision

of law, including the Vital Records Act, tissue and products

from an abortion, as defined in Section 1-10 of the

Reproductive Health Act, or a miscarriage may be buried,

entombed, or cremated.

(Source: P.A. 99-82, eff. 7-20-15.)

Section 910-65. The Criminal Code of 2012 is amended by

changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:

(720 ILCS 5/9-1.2)  (from Ch. 38, par. 9-1.2)

Sec. 9-1.2. Intentional Homicide of an Unborn Child.

(a) A person commits the offense of intentional homicide of

an unborn child if, in performing acts which cause the death of

an unborn child, he without lawful justification:

(1) either intended to cause the death of or do great

bodily harm to the pregnant individual woman or her unborn

child or knew that such acts would cause death or great

bodily harm to the pregnant individual woman or her unborn

child; or

(2) knew that his acts created a strong probability of

death or great bodily harm to the pregnant individual woman

or her unborn child; and

(3) knew that the individual woman was pregnant.

(b) For purposes of this Section, (1) "unborn child" shall

mean any individual of the human species from the implantation

of an embryo fertilization until birth, and (2) "person" shall

not include the pregnant woman whose unborn child is killed.

(c) This Section shall not apply to acts which cause the

death of an unborn child if those acts were committed during

any abortion, as defined in Section 1-10 of the Reproductive

Health Act, Section 2 of the Illinois Abortion Law of 1975, as

amended, to which the pregnant individual woman has consented.

This Section shall not apply to acts which were committed

pursuant to usual and customary standards of medical practice

during diagnostic testing or therapeutic treatment.

(d) Penalty. The sentence for intentional homicide of an

unborn child shall be the same as for first degree murder,

except that:

(1) the death penalty may not be imposed;

(2) if the person committed the offense while armed

with a firearm, 15 years shall be added to the term of

imprisonment imposed by the court;

(3) if, during the commission of the offense, the

person personally discharged a firearm, 20 years shall be

added to the term of imprisonment imposed by the court;

(4) if, during the commission of the offense, the

person personally discharged a firearm that proximately

caused great bodily harm, permanent disability, permanent

disfigurement, or death to another person, 25 years or up

to a term of natural life shall be added to the term of

imprisonment imposed by the court.

(e) The provisions of this Act shall not be construed to

prohibit the prosecution of any person under any other

provision of law.

(Source: P.A. 96-1000, eff. 7-2-10.)

(720 ILCS 5/9-2.1)  (from Ch. 38, par. 9-2.1)

Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)

A person who kills an unborn child without lawful justification

commits voluntary manslaughter of an unborn child if at the

time of the killing he is acting under a sudden and intense

passion resulting from serious provocation by another whom the

offender endeavors to kill, but he negligently or accidentally

causes the death of the unborn child.

Serious provocation is conduct sufficient to excite an

intense passion in a reasonable person.

(b) A person who intentionally or knowingly kills an unborn

child commits voluntary manslaughter of an unborn child if at

the time of the killing he believes the circumstances to be

such that, if they existed, would justify or exonerate the

killing under the principles stated in Article 7 of this Code,

but his belief is unreasonable.

(c) Sentence. Voluntary Manslaughter of an unborn child is

a Class 1 felony.

(d) For purposes of this Section, (1) "unborn child" shall

mean any individual of the human species from the implantation

of an embryo fertilization until birth, and (2) "person" shall

not include the pregnant individual woman whose unborn child is

killed.

(e) This Section shall not apply to acts which cause the

death of an unborn child if those acts were committed during

any abortion, as defined in Section 1-10 of the Reproductive

Health Act, Section 2 of the Illinois Abortion Law of 1975, as

amended, to which the pregnant individual woman has consented.

This Section shall not apply to acts which were committed

pursuant to usual and customary standards of medical practice

during diagnostic testing or therapeutic treatment.

(Source: P.A. 84-1414.)

(720 ILCS 5/9-3.2)  (from Ch. 38, par. 9-3.2)

Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide

of an Unborn Child. (a) A person who unintentionally kills an

unborn child without lawful justification commits involuntary

manslaughter of an unborn child if his acts whether lawful or

unlawful which cause the death are such as are likely to cause

death or great bodily harm to some individual, and he performs

them recklessly, except in cases in which the cause of death

consists of the driving of a motor vehicle, in which case the

person commits reckless homicide of an unborn child.

(b) Sentence.

(1) Involuntary manslaughter of an unborn child is a Class

3 felony.

(2) Reckless homicide of an unborn child is a Class 3

felony.

(c) For purposes of this Section, (1) "unborn child" shall

mean any individual of the human species from the implantation

of an embryo fertilization until birth, and (2) "person" shall

not include the pregnant individual woman whose unborn child is

killed.

(d) This Section shall not apply to acts which cause the

death of an unborn child if those acts were committed during

any abortion, as defined in Section 1-10 of the Reproductive

Health Act, Section 2 of the Illinois Abortion Law of 1975, as

amended, to which the pregnant individual woman has consented.

This Section shall not apply to acts which were committed

pursuant to usual and customary standards of medical practice

during diagnostic testing or therapeutic treatment.

(e) The provisions of this Section shall not be construed

to prohibit the prosecution of any person under any other

provision of law, nor shall it be construed to preclude any

civil cause of action.

(Source: P.A. 84-1414.)

(720 ILCS 5/12-3.1)  (from Ch. 38, par. 12-3.1)

Sec. 12-3.1. Battery of an unborn child; aggravated battery

of an unborn child.

(a) A person commits battery of an unborn child if he or

she knowingly without legal justification and by any means

causes bodily harm to an unborn child.

(a-5) A person commits aggravated battery of an unborn

child when, in committing a battery of an unborn child, he or

she knowingly causes great bodily harm or permanent disability

or disfigurement to an unborn child.

(b) For purposes of this Section, (1) "unborn child" shall

mean any individual of the human species from the implantation

of an embryo fertilization until birth, and (2) "person" shall

not include the pregnant individual woman whose unborn child is

harmed.

(c) Sentence. Battery of an unborn child is a Class A

misdemeanor. Aggravated battery of an unborn child is a Class 2

felony.

(d) This Section shall not apply to acts which cause bodily

harm to an unborn child if those acts were committed during any

abortion, as defined in Section 1-10 of the Reproductive Health

Act, Section 2 of the Illinois Abortion Law of 1975, as

amended, to which the pregnant individual woman has consented.

This Section shall not apply to acts which were committed

pursuant to usual and customary standards of medical practice

during diagnostic testing or therapeutic treatment.

(Source: P.A. 96-1551, eff. 7-1-11.)

Section 910-70. The Code of Civil Procedure is amended by

changing Section 8-802 as follows:

(735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)

Sec. 8-802. Physician and patient. No physician or surgeon

shall be permitted to disclose any information he or she may

have acquired in attending any patient in a professional

character, necessary to enable him or her professionally to

serve the patient, except only (1) in trials for homicide when

the disclosure relates directly to the fact or immediate

circumstances of the homicide, (2) in actions, civil or

criminal, against the physician for malpractice, (3) with the

expressed consent of the patient, or in case of his or her

death or disability, of his or her personal representative or

other person authorized to sue for personal injury or of the

beneficiary of an insurance policy on his or her life, health,

or physical condition, or as authorized by Section 8-2001.5,

(4) in all actions brought by or against the patient, his or

her personal representative, a beneficiary under a policy of

insurance, or the executor or administrator of his or her

estate wherein the patient's physical or mental condition is an

issue, (5) upon an issue as to the validity of a document as a

will of the patient, (6) (blank) in any criminal action where

the charge is either first degree murder by abortion, attempted

abortion or abortion, (7) in actions, civil or criminal,

arising from the filing of a report in compliance with the

Abused and Neglected Child Reporting Act, (8) to any

department, agency, institution or facility which has custody

of the patient pursuant to State statute or any court order of

commitment, (9) in prosecutions where written results of blood

alcohol tests are admissible pursuant to Section 11-501.4 of

the Illinois Vehicle Code, (10) in prosecutions where written

results of blood alcohol tests are admissible under Section

5-11a of the Boat Registration and Safety Act, (11) in criminal

actions arising from the filing of a report of suspected

terrorist offense in compliance with Section 29D-10(p)(7) of

the Criminal Code of 2012, (12) upon the issuance of a subpoena

pursuant to Section 38 of the Medical Practice Act of 1987; the

issuance of a subpoena pursuant to Section 25.1 of the Illinois

Dental Practice Act; the issuance of a subpoena pursuant to

Section 22 of the Nursing Home Administrators Licensing and

Disciplinary Act; or the issuance of a subpoena pursuant to

Section 25.5 of the Workers' Compensation Act, (13) upon the

issuance of a grand jury subpoena pursuant to Article 112 of

the Code of Criminal Procedure of 1963, or (14) to or through a

health information exchange, as that term is defined in Section

2 of the Mental Health and Developmental Disabilities

Confidentiality Act, in accordance with State or federal law.

Upon disclosure under item (13) of this Section, in any

criminal action where the charge is domestic battery,

aggravated domestic battery, or an offense under Article 11 of

the Criminal Code of 2012 or where the patient is under the age

of 18 years or upon the request of the patient, the State's

Attorney shall petition the court for a protective order

pursuant to Supreme Court Rule 415.

In the event of a conflict between the application of this

Section and the Mental Health and Developmental Disabilities

Confidentiality Act to a specific situation, the provisions of

the Mental Health and Developmental Disabilities

Confidentiality Act shall control.

(Source: P.A. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,

eff. 7-20-15.)

Section 910-73. The Health Care Right of Conscience Act is

amended by changing Section 3 as follows:

(745 ILCS 70/3)  (from Ch. 111 1/2, par. 5303)

Sec. 3. Definitions. As used in this Act, unless the

context clearly otherwise requires:

(a) "Health care" means any phase of patient care,

including but not limited to, testing; diagnosis;

prognosis; ancillary research; instructions; family

planning, counselling, referrals, or any other advice in

connection with the use or procurement of contraceptives

and sterilization or abortion procedures; medication; or

surgery or other care or treatment rendered by a physician

or physicians, nurses, paraprofessionals or health care

facility, intended for the physical, emotional, and mental

well-being of persons; or an abortion as defined by the

Reproductive Health Act;

(b) "Physician" means any person who is licensed by the

State of Illinois under the Medical Practice Act of 1987;

(c) "Health care personnel" means any nurse, nurses'

aide, medical school student, professional,

paraprofessional or any other person who furnishes, or

assists in the furnishing of, health care services;

(d) "Health care facility" means any public or private

hospital, clinic, center, medical school, medical training

institution, laboratory or diagnostic facility,

physician's office, infirmary, dispensary, ambulatory

surgical treatment center or other institution or location

wherein health care services are provided to any person,

including physician organizations and associations,

networks, joint ventures, and all other combinations of

those organizations;

(e) "Conscience" means a sincerely held set of moral

convictions arising from belief in and relation to God, or

which, though not so derived, arises from a place in the

life of its possessor parallel to that filled by God among

adherents to religious faiths;

(f) "Health care payer" means a health maintenance

organization, insurance company, management services

organization, or any other entity that pays for or arranges

for the payment of any health care or medical care service,

procedure, or product; and

(g) "Undue delay" means unreasonable delay that causes

impairment of the patient's health.

The above definitions include not only the traditional

combinations and forms of these persons and organizations but

also all new and emerging forms and combinations of these

persons and organizations.

(Source: P.A. 99-690, eff. 1-1-17.)

Section 910-75. The Rights of Married Persons Act is

amended by changing Section 15 as follows:

(750 ILCS 65/15)  (from Ch. 40, par. 1015)

Sec. 15. (a)(1) The expenses of the family and of the

education of the children shall be chargeable upon the property

of both husband and wife, or of either of them, in favor of

creditors therefor, and in relation thereto they may be sued

jointly or separately.

(2) No creditor, who has a claim against a spouse or former

spouse for an expense incurred by that spouse or former spouse

which is not a family expense, shall maintain an action against

the other spouse or former spouse for that expense except:

(A) an expense for which the other spouse or former spouse

agreed, in writing, to be liable; or

(B) an expense for goods or merchandise purchased by or in

the possession of the other spouse or former spouse, or for

services ordered by the other spouse or former spouse.

(3) Any creditor who maintains an action in violation of

this subsection (a) for an expense other than a family expense

against a spouse or former spouse other than the spouse or

former spouse who incurred the expense, shall be liable to the

other spouse or former spouse for his or her costs, expenses

and attorney's fees incurred in defending the action.

(4) No creditor shall, with respect to any claim against a

spouse or former spouse for which the creditor is prohibited

under this subsection (a) from maintaining an action against

the other spouse or former spouse, engage in any collection

efforts against the other spouse or former spouse, including,

but not limited to, informal or formal collection attempts,

referral of the claim to a collector or collection agency for

collection from the other spouse or former spouse, or making

any representation to a credit reporting agency that the other

spouse or former spouse is any way liable for payment of the

claim.

(b) (Blank). No spouse shall be liable for any expense

incurred by the other spouse when an abortion is performed on

such spouse, without the consent of such other spouse, unless

the physician who performed the abortion certifies that such

abortion is necessary to preserve the life of the spouse who

obtained such abortion.

(c) (Blank). No parent shall be liable for any expense

incurred by his or her minor child when an abortion is

performed on such minor child without the consent of both

parents of such child, if they both have custody, or the parent

having custody, or legal guardian of such child, unless the

physician who performed the abortion certifies that such

abortion is necessary to preserve the life of the minor child

who obtained such abortion.

(Source: P.A. 86-689.)

Section 910-995. No acceleration or delay. Where this Act

makes changes in a statute that is represented in this Act by

text that is not yet or no longer in effect (for example, a

Section represented by multiple versions), the use of that text

does not accelerate or delay the taking effect of (i) the

changes made by this Act or (ii) provisions derived from any

other Public Act.