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Public Act 099-0863


 

Public Act 0863 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0863
 
SB3336 EnrolledLRB099 16220 MLM 40549 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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 wireless
    carriers under the Wireless Emergency Telephone Safety
    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 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 and Portability 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 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) (bb) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
revised 10-14-15.)
 
    Section 10. The Pharmacy Practice Act is amended by adding
Section 30.1 as follows:
 
    (225 ILCS 85/30.1 new)
    Sec. 30.1. Reporting.
    (a) When a pharmacist, registered certified pharmacy
technician, or a registered pharmacy technician licensed by the
Department is terminated for actions which may have threatened
patient safety, the pharmacy or pharmacist-in-charge, pursuant
to the policies and procedures of the pharmacy at which he or
she is employed, shall report the termination to the chief
pharmacy coordinator. Such reports shall be strictly
confidential and may be reviewed and considered only by the
members of the Board or by authorized Department staff. Such
reports, and any records associated with such reports, are
exempt from public disclosure and the Freedom of Information
Act. Although the reports are exempt from disclosure, any
formal complaint filed against a licensee or registrant by the
Department or any order issued by the Department against a
licensee, registrant, or applicant shall be a public record,
except as otherwise prohibited by law.
    (b) The report shall be submitted to the chief pharmacy
coordinator in a timely fashion. Unless otherwise provided in
this Section, the reports shall be filed in writing, on forms
provided by the Department, within 60 days after a pharmacy's
determination that a report is required under this Act. All
reports shall contain only the following information:
        (1) The name, address, and telephone number of the
    person making the report.
        (2) The name, license number, and last known address
    and telephone number of the person who is the subject of
    the report.
        (3) A brief description of the facts which gave rise to
    the issuance of the report, including dates of occurrence.
    (c) The contents of any report and any records associated
with such report shall be strictly confidential and may only be
reviewed by:
        (1) members of the Board of Pharmacy;
        (2) the Board of Pharmacy's designated attorney;
        (3) administrative personnel assigned to open mail
    containing reports, to process and distribute reports to
    authorized persons, and to communicate with senders of
    reports;
        (4) Department investigators and Department
    prosecutors; or
        (5) attorneys from the Office of the Illinois Attorney
    General representing the Department in litigation in
    response to specific disciplinary action the Department
    has taken or initiated against a specific individual
    pursuant to this Section.
    (d) Whenever a pharmacy or pharmacist-in-charge makes a
report and provides any records associated with that report to
the Department, acts in good faith, and not in a willful and
wanton manner, the person or entity making the report and the
pharmacy or health care institution employing him or her shall
not, as a result of such actions, be subject to criminal
prosecution or civil damages.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/19/2016