Rep. Elaine Nekritz
Filed: 3/22/2010
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1 | AMENDMENT TO HOUSE BILL 5152
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2 | AMENDMENT NO. ______. Amend House Bill 5152, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Developmental Disability and Mental Health Safety Act or | ||||||
7 | Brian's Law. | ||||||
8 | Section 5. Legislative Findings. The General Assembly | ||||||
9 | finds all of the following: | ||||||
10 | (a) As a result of decades of significant under-funding of | ||||||
11 | Illinois' developmental disabilities and mental health service | ||||||
12 | delivery system, the quality of life of individuals with | ||||||
13 | disabilities has been negatively impacted and, in an | ||||||
14 | unacceptable number of instances, has resulted in serious | ||||||
15 | health consequences and even death. | ||||||
16 | (b) In response to growing concern over the safety of the |
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1 | State-operated developmental disability facilities, following | ||||||
2 | a series of resident deaths, the agency designated by the | ||||||
3 | Governor pursuant to the Protection and Advocacy for | ||||||
4 | Developmentally Disabled Persons Act opened a systemic | ||||||
5 | investigation to examine all such deaths for a period of time, | ||||||
6 | including the death of a young man in his twenties, Brian Kent, | ||||||
7 | on October 30, 2002, and released a public report, "Life and | ||||||
8 | Death in State-Operated Developmental Disability | ||||||
9 | Institutions," which included findings and recommendations | ||||||
10 | aimed at preventing such tragedies in the future. | ||||||
11 | (c) The documentation of substandard medical care and | ||||||
12 | treatment of individual residents living in the State-operated | ||||||
13 | facilities cited in that report necessitate that the State of | ||||||
14 | Illinois take immediate action to prevent further injuries and | ||||||
15 | deaths. | ||||||
16 | (d) The agency designated by the Governor pursuant to the | ||||||
17 | Protection and Advocacy for Developmentally Disabled Persons | ||||||
18 | Act has also reviewed conditions and deaths of individuals with | ||||||
19 | disabilities living in or transferred to community-based | ||||||
20 | facilities and found similar problems in some of those | ||||||
21 | settings. | ||||||
22 | (e) The circumstances associated with deaths in both | ||||||
23 | State-operated facilities and community-based facilities, and | ||||||
24 | review of the State's investigations and findings regarding | ||||||
25 | these incidents, demonstrate that the current federal and State | ||||||
26 | oversight and investigatory systems are seriously |
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1 | under-funded. | ||||||
2 | (f) An effective mortality review process enables state | ||||||
3 | service systems to focus on individual deaths and consider the | ||||||
4 | broader issues, policies, and practices that may contribute to | ||||||
5 | these tragedies. This critical information, when shared with | ||||||
6 | public and private facilities, can help to reduce circumstances | ||||||
7 | that place individuals at high risk of serious harm and even | ||||||
8 | death. | ||||||
9 | (g) The purpose of this Act is to establish within the | ||||||
10 | Department of Human Services a low-cost, volunteer-based | ||||||
11 | mortality review process conducted by an independent team of | ||||||
12 | experts that will enhance the health and safety of the | ||||||
13 | individuals served by Illinois' developmental disability and | ||||||
14 | mental health service delivery systems. | ||||||
15 | (h) This independent team of experts will be comparable to | ||||||
16 | 2 existing types of oversight teams: the Abuse Prevention | ||||||
17 | Review Team created under the jurisdiction of the Department of | ||||||
18 | Public Health, which examines deaths of individuals living in | ||||||
19 | long-term care facilities, and Child Death Review Teams created | ||||||
20 | under the jurisdiction of the Department of Children and Family | ||||||
21 | Services, which reviews the deaths of children. | ||||||
22 | Section 10. Definitions. As used in this Act: | ||||||
23 | "Community agency" means (i) a community agency licensed, | ||||||
24 | funded, or certified by the Department of Human Services, but | ||||||
25 | not licensed or certified by any other human services agency of |
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1 | the State, to provide developmental disabilities service or | ||||||
2 | mental health service or (ii) a program licensed, funded, or | ||||||
3 | certified by the Department of Human Services, but not licensed | ||||||
4 | or certified by any other human services agency of the State, | ||||||
5 | to provide developmental disabilities service or mental health | ||||||
6 | service. | ||||||
7 | "Facility" means a developmental disabilities facility or | ||||||
8 | mental health facility operated by the Department of Human | ||||||
9 | Services. | ||||||
10 | Section 15. Mortality Review Process. | ||||||
11 | (a) The Department of Human Services shall develop an | ||||||
12 | independent team of experts from the academic, private, and | ||||||
13 | public sectors to examine all deaths at facilities and | ||||||
14 | community agencies. | ||||||
15 | (b) The Secretary of Human Services, in consultation with | ||||||
16 | the Director of Public Health, shall appoint members to the | ||||||
17 | independent team of experts, which shall consist of at least | ||||||
18 | one member from each of the following categories: | ||||||
19 | 1. Physicians experienced in providing medical care to | ||||||
20 | individuals with developmental disabilities. | ||||||
21 | 2. Physicians experienced in providing medical care to | ||||||
22 | individuals with mental illness. | ||||||
23 | 3. Registered nurses experienced in providing medical | ||||||
24 | care to individuals with developmental disabilities. | ||||||
25 | 4. Registered nurses experienced in providing medical |
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1 | care to individuals with mental illness. | ||||||
2 | 5. Psychiatrists. | ||||||
3 | 6. Psychologists. | ||||||
4 | 7. Representatives of the Department of Human Services | ||||||
5 | who are not employed at the facility at which the death | ||||||
6 | occurred. | ||||||
7 | 8. Representatives of the Department of Public Health. | ||||||
8 | 9. Representatives of the agency designated by the | ||||||
9 | Governor pursuant to the Protection and Advocacy for | ||||||
10 | Developmentally Disabled Persons Act. | ||||||
11 | 10. State's Attorneys or State's Attorneys' | ||||||
12 | representatives. | ||||||
13 | 11. Coroners or forensic pathologists. | ||||||
14 | 12. Representatives of local hospitals, trauma | ||||||
15 | centers, or providers of emergency medical services. | ||||||
16 | 13. Other categories of persons, as the Secretary of | ||||||
17 | Human Services may see fit. | ||||||
18 | The independent team of experts may make recommendations to | ||||||
19 | the Secretary of Human Services concerning additional | ||||||
20 | appointments. Each team member must have demonstrated | ||||||
21 | experience and an interest in investigating, treating, or | ||||||
22 | preventing the deaths of individuals with disabilities. The | ||||||
23 | Secretary of Human Services shall appoint additional teams if | ||||||
24 | the Secretary or the existing team determines that more teams | ||||||
25 | are necessary to accomplish the purposes of this Act. The | ||||||
26 | members of a team shall be appointed for 2-year staggered terms |
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1 | and shall be eligible for reappointment upon the expiration of | ||||||
2 | their terms. Each independent team shall select a Chairperson | ||||||
3 | from among its members. | ||||||
4 | (c) The independent team of experts shall examine the | ||||||
5 | deaths of all individuals who have died while under the care of | ||||||
6 | a facility or community agency. | ||||||
7 | (d) The purpose of the independent team of experts' | ||||||
8 | examination of such deaths is to do the following: | ||||||
9 | 1. Review the cause and manner of the individual's | ||||||
10 | death. | ||||||
11 | 2. Review all actions taken by the facility, State | ||||||
12 | agencies, or other entities to address the cause or causes | ||||||
13 | of death and the adequacy of medical care and treatment. | ||||||
14 | 3. Evaluate the means, if any, by which the death might | ||||||
15 | have been prevented. | ||||||
16 | 4. Report its observations and conclusions to the | ||||||
17 | Secretary of Human Services and make recommendations that | ||||||
18 | may help to reduce the number of unnecessary deaths. | ||||||
19 | 5. Promote continuing education for professionals | ||||||
20 | involved in investigating and preventing the unnecessary | ||||||
21 | deaths of individuals under the care of a facility or | ||||||
22 | community agency. | ||||||
23 | 6. Make specific recommendations to the Secretary of | ||||||
24 | Human Services concerning the prevention of unnecessary | ||||||
25 | deaths of individuals under the care of facilities and | ||||||
26 | community agencies, including changes in policies and |
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1 | practices that will prevent harm to individuals with | ||||||
2 | disabilities, and the establishment of protocols for | ||||||
3 | investigating the deaths of these individuals. | ||||||
4 | (e) The independent team of experts must examine the cases | ||||||
5 | submitted to it on a quarterly basis. The team shall meet at | ||||||
6 | least once in each calendar quarter if there are cases to be | ||||||
7 | examined. The Department of Human Services shall forward cases | ||||||
8 | within 90 days after completion of a review or an investigation | ||||||
9 | into the death of an individual residing at a facility or | ||||||
10 | community agency. | ||||||
11 | (f) Within 90 days after receiving recommendations made by | ||||||
12 | the independent team of experts under subsection (d) of this | ||||||
13 | Section, the Secretary of Human Services must review those | ||||||
14 | recommendations, as feasible and appropriate, and shall | ||||||
15 | respond to the team in writing to explain the implementation of | ||||||
16 | those recommendations. | ||||||
17 | (g) The Secretary of Human Services shall establish | ||||||
18 | protocols governing the operation of the independent team. | ||||||
19 | Those protocols shall include the creation of sub-teams to | ||||||
20 | review the case records or portions of the case records and | ||||||
21 | report to the full team. The members of a sub-team shall be | ||||||
22 | composed of team members specially qualified to examine those | ||||||
23 | records. In any instance in which the independent team does not | ||||||
24 | operate in accordance with established protocol, the Secretary | ||||||
25 | of Human Services shall take any necessary actions to bring the | ||||||
26 | team into compliance with the protocol. |
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1 | Section 20. Independent team of experts' access to | ||||||
2 | information. | ||||||
3 | (a) The Secretary of Human Services shall provide to the | ||||||
4 | independent team of experts, on the request of the team | ||||||
5 | Chairperson, all records and information in the Department's | ||||||
6 | possession that are relevant to the team's examination of a | ||||||
7 | death of the sort described in subsection (c) of Section 10, | ||||||
8 | including records and information concerning previous reports | ||||||
9 | or investigations of any matter, as determined by the team. | ||||||
10 | (b) The independent team shall have access to all records | ||||||
11 | and information that are relevant to its review of a death and | ||||||
12 | in the possession of a State or local governmental agency or | ||||||
13 | other entity. These records and information shall include, | ||||||
14 | without limitation, death certificates, all relevant medical | ||||||
15 | and mental health records, records of law enforcement agency | ||||||
16 | investigations, records of coroner or medical examiner | ||||||
17 | investigations, records of the Department of Corrections | ||||||
18 | concerning a person's parole, records of a probation and court | ||||||
19 | services department, and records of a social services agency | ||||||
20 | that provided services to the person who died. | ||||||
21 | Section 25. Public access to and confidentiality of | ||||||
22 | information. | ||||||
23 | (a) Meetings of the independent team of experts shall be | ||||||
24 | closed to the public. |
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1 | (b) Records and information provided to the independent | ||||||
2 | team of experts are confidential. Nothing contained in this | ||||||
3 | subsection (b) prevents the sharing or disclosure of records, | ||||||
4 | other than those produced by the independent team, relating or | ||||||
5 | pertaining to the death of an individual. | ||||||
6 | (c) Members of the independent team of experts are not | ||||||
7 | subject to examination, in any civil or criminal proceeding, | ||||||
8 | concerning information presented to members of the team or | ||||||
9 | opinions formed by members of the team based on that | ||||||
10 | information. A person may, however, be examined concerning | ||||||
11 | information provided to the team that is otherwise available to | ||||||
12 | the public. | ||||||
13 | (d) Records and information produced by the team are not | ||||||
14 | subject to discovery or subpoena and are not admissible as | ||||||
15 | evidence in any civil or criminal proceeding. Those records and | ||||||
16 | information are, however, subject to discovery or a subpoena, | ||||||
17 | and are admissible as evidence to the extent they are otherwise | ||||||
18 | available to the public. | ||||||
19 | Section 30. Indemnification. The State shall indemnify and | ||||||
20 | hold harmless members of the independent team for all their | ||||||
21 | acts, omissions, decisions, or other conduct arising out of the | ||||||
22 | scope of their service on the team, except those involving | ||||||
23 | willful or wanton misconduct. The method of providing | ||||||
24 | indemnification shall be as provided in the State Employee | ||||||
25 | Indemnification Act. |
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1 | Section 35. Department's annual report. The Department of | ||||||
2 | Human Services shall include in its annual report to the | ||||||
3 | General Assembly a report of the activities of the independent | ||||||
4 | team of experts, the results of the team's observations and | ||||||
5 | conclusions, categories of members of the team as prescribed in | ||||||
6 | Section 10 of this Act which are currently vacant, | ||||||
7 | recommendations made by the team to the Governor, State | ||||||
8 | agencies, or other entities, and, as applicable, either (i) the | ||||||
9 | implementation of the recommendations or (ii) the reasons the | ||||||
10 | recommendations were not implemented. | ||||||
11 | Section 40. Rights information. The Department of Human | ||||||
12 | Services shall ensure that individuals with disabilities and | ||||||
13 | their guardians and families receive sufficient information | ||||||
14 | regarding their rights, including the right to be safe, the | ||||||
15 | right to be free from abuse and neglect, the right to receive | ||||||
16 | quality services, and the right to an adequate discharge plan | ||||||
17 | and timely transition to the least restrictive setting to meet | ||||||
18 | their individual needs and desires. The Department shall | ||||||
19 | provide this information, which shall be developed in | ||||||
20 | collaboration with the agency designated by the Governor | ||||||
21 | pursuant to the Protection and Advocacy for Developmentally | ||||||
22 | Disabled Persons Act, in order to allow individuals with | ||||||
23 | disabilities and their guardians and families to make informed | ||||||
24 | decisions regarding the provision of services that can meet the |
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1 | individual's needs and desires. The Department shall provide | ||||||
2 | this information to all facilities and community agencies to be | ||||||
3 | made available upon admission and at least annually thereafter | ||||||
4 | for as long as the individual remains in the facility. | ||||||
5 | Section 90. The Open Meetings Act is amended by changing | ||||||
6 | Section 2 as follows:
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7 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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8 | Sec. 2. Open meetings.
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9 | (a) Openness required. All meetings of public
bodies shall | ||||||
10 | be open to the public unless excepted in subsection (c)
and | ||||||
11 | closed in accordance with Section 2a.
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12 | (b) Construction of exceptions. The exceptions contained | ||||||
13 | in subsection
(c) are in derogation of the requirement that | ||||||
14 | public bodies
meet in the open, and therefore, the exceptions | ||||||
15 | are to be strictly
construed, extending only to subjects | ||||||
16 | clearly within their scope.
The exceptions authorize but do not | ||||||
17 | require the holding of
a closed meeting to discuss a subject | ||||||
18 | included within an enumerated exception.
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19 | (c) Exceptions. A public body may hold closed meetings to | ||||||
20 | consider the
following subjects:
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21 | (1) The appointment, employment, compensation, | ||||||
22 | discipline, performance,
or dismissal of specific | ||||||
23 | employees of the public body or legal counsel for
the | ||||||
24 | public body, including hearing
testimony on a complaint |
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1 | lodged against an employee of the public body or
against | ||||||
2 | legal counsel for the public body to determine its | ||||||
3 | validity.
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4 | (2) Collective negotiating matters between the public | ||||||
5 | body and its
employees or their representatives, or | ||||||
6 | deliberations concerning salary
schedules for one or more | ||||||
7 | classes of employees.
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8 | (3) The selection of a person to fill a public office,
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9 | as defined in this Act, including a vacancy in a public | ||||||
10 | office, when the public
body is given power to appoint | ||||||
11 | under law or ordinance, or the discipline,
performance or | ||||||
12 | removal of the occupant of a public office, when the public | ||||||
13 | body
is given power to remove the occupant under law or | ||||||
14 | ordinance.
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15 | (4) Evidence or testimony presented in open hearing, or | ||||||
16 | in closed
hearing where specifically authorized by law, to
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17 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
18 | that the body
prepares and makes available for public | ||||||
19 | inspection a written decision
setting forth its | ||||||
20 | determinative reasoning.
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21 | (5) The purchase or lease of real property for the use | ||||||
22 | of
the public body, including meetings held for the purpose | ||||||
23 | of discussing
whether a particular parcel should be | ||||||
24 | acquired.
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25 | (6) The setting of a price for sale or lease of | ||||||
26 | property owned
by the public body.
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1 | (7) The sale or purchase of securities, investments, or | ||||||
2 | investment
contracts.
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3 | (8) Security procedures and the use of personnel and
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4 | equipment to respond to an actual, a threatened, or a | ||||||
5 | reasonably
potential danger to the safety of employees, | ||||||
6 | students, staff, the public, or
public
property.
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7 | (9) Student disciplinary cases.
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8 | (10) The placement of individual students in special | ||||||
9 | education
programs and other matters relating to | ||||||
10 | individual students.
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11 | (11) Litigation, when an action against, affecting or | ||||||
12 | on behalf of the
particular public body has been filed and | ||||||
13 | is pending before a court or
administrative tribunal, or | ||||||
14 | when the public body finds that an action is
probable or | ||||||
15 | imminent, in which case the basis for the finding shall be
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16 | recorded and entered into the minutes of the closed | ||||||
17 | meeting.
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18 | (12) The establishment of reserves or settlement of | ||||||
19 | claims as provided
in the Local Governmental and | ||||||
20 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
21 | disposition of a claim or potential claim might be
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22 | prejudiced, or the review or discussion of claims, loss or | ||||||
23 | risk management
information, records, data, advice or | ||||||
24 | communications from or with respect
to any insurer of the | ||||||
25 | public body or any intergovernmental risk management
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26 | association or self insurance pool of which the public body |
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1 | is a member.
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2 | (13) Conciliation of complaints of discrimination in | ||||||
3 | the sale or rental
of housing, when closed meetings are | ||||||
4 | authorized by the law or ordinance
prescribing fair housing | ||||||
5 | practices and creating a commission or
administrative | ||||||
6 | agency for their enforcement.
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7 | (14) Informant sources, the hiring or assignment of | ||||||
8 | undercover personnel
or equipment, or ongoing, prior or | ||||||
9 | future criminal investigations, when
discussed by a public | ||||||
10 | body with criminal investigatory responsibilities.
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11 | (15) Professional ethics or performance when | ||||||
12 | considered by an advisory
body appointed to advise a | ||||||
13 | licensing or regulatory agency on matters
germane to the | ||||||
14 | advisory body's field of competence.
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15 | (16) Self evaluation, practices and procedures or | ||||||
16 | professional ethics,
when meeting with a representative of | ||||||
17 | a statewide association of which the
public body is a | ||||||
18 | member.
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19 | (17) The recruitment, credentialing, discipline or | ||||||
20 | formal peer review
of physicians or other
health care | ||||||
21 | professionals for a hospital, or
other institution | ||||||
22 | providing medical care, that is operated by the public | ||||||
23 | body.
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24 | (18) Deliberations for decisions of the Prisoner | ||||||
25 | Review Board.
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26 | (19) Review or discussion of applications received |
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1 | under the
Experimental Organ Transplantation Procedures | ||||||
2 | Act.
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3 | (20) The classification and discussion of matters | ||||||
4 | classified as
confidential or continued confidential by | ||||||
5 | the State Government Suggestion Award
Board.
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6 | (21) Discussion of minutes of meetings lawfully closed | ||||||
7 | under this Act,
whether for purposes of approval by the | ||||||
8 | body of the minutes or semi-annual
review of the minutes as | ||||||
9 | mandated by Section 2.06.
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10 | (22) Deliberations for decisions of the State
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11 | Emergency Medical Services Disciplinary
Review Board.
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12 | (23) The operation by a municipality of a municipal | ||||||
13 | utility or the
operation of a
municipal power agency or | ||||||
14 | municipal natural gas agency when the
discussion involves | ||||||
15 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
16 | of electricity or natural gas or (ii) the results
or | ||||||
17 | conclusions of load forecast studies.
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18 | (24) Meetings of a residential health care facility | ||||||
19 | resident sexual
assault and death review
team or
the | ||||||
20 | Executive
Council under the Abuse Prevention Review
Team | ||||||
21 | Act.
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22 | (25) Meetings of an independent team of experts under | ||||||
23 | Brian's Law. | ||||||
24 | (d) Definitions. For purposes of this Section:
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25 | "Employee" means a person employed by a public body whose | ||||||
26 | relationship
with the public body constitutes an |
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1 | employer-employee relationship under
the usual common law | ||||||
2 | rules, and who is not an independent contractor.
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3 | "Public office" means a position created by or under the
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4 | Constitution or laws of this State, the occupant of which is | ||||||
5 | charged with
the exercise of some portion of the sovereign | ||||||
6 | power of this State. The term
"public office" shall include | ||||||
7 | members of the public body, but it shall not
include | ||||||
8 | organizational positions filled by members thereof, whether
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9 | established by law or by a public body itself, that exist to | ||||||
10 | assist the
body in the conduct of its business.
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11 | "Quasi-adjudicative body" means an administrative body | ||||||
12 | charged by law or
ordinance with the responsibility to conduct | ||||||
13 | hearings, receive evidence or
testimony and make | ||||||
14 | determinations based
thereon, but does not include
local | ||||||
15 | electoral boards when such bodies are considering petition | ||||||
16 | challenges.
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17 | (e) Final action. No final action may be taken at a closed | ||||||
18 | meeting.
Final action shall be preceded by a public recital of | ||||||
19 | the nature of the
matter being considered and other information | ||||||
20 | that will inform the
public of the business being conducted.
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21 | (Source: P.A. 94-931, eff. 6-26-06; 95-185, eff. 1-1-08.)
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22 | Section 95. The Freedom of Information Act is amended by | ||||||
23 | changing Section 7.5 as follows: | ||||||
24 | (5 ILCS 140/7.5) |
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1 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
2 | by the statutes referenced below, the following shall be exempt | ||||||
3 | from inspection and copying: | ||||||
4 | (a) All information determined to be confidential under | ||||||
5 | Section 4002 of the Technology Advancement and Development Act. | ||||||
6 | (b) Library circulation and order records identifying | ||||||
7 | library users with specific materials under the Library Records | ||||||
8 | Confidentiality Act. | ||||||
9 | (c) Applications, related documents, and medical records | ||||||
10 | received by the Experimental Organ Transplantation Procedures | ||||||
11 | Board and any and all documents or other records prepared by | ||||||
12 | the Experimental Organ Transplantation Procedures Board or its | ||||||
13 | staff relating to applications it has received. | ||||||
14 | (d) Information and records held by the Department of | ||||||
15 | Public Health and its authorized representatives relating to | ||||||
16 | known or suspected cases of sexually transmissible disease or | ||||||
17 | any information the disclosure of which is restricted under the | ||||||
18 | Illinois Sexually Transmissible Disease Control Act. | ||||||
19 | (e) Information the disclosure of which is exempted under | ||||||
20 | Section 30 of the Radon Industry Licensing Act. | ||||||
21 | (f) Firm performance evaluations under Section 55 of the | ||||||
22 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
23 | Based Selection Act. | ||||||
24 | (g) Information the disclosure of which is restricted and | ||||||
25 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
26 | (h) Information the disclosure of which is exempted under |
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1 | the State Officials and Employees Ethics Act, and records of | ||||||
2 | any lawfully created State or local inspector general's office | ||||||
3 | that would be exempt if created or obtained by an Executive | ||||||
4 | Inspector General's office under that Act. | ||||||
5 | (i) Information contained in a local emergency energy plan | ||||||
6 | submitted to a municipality in accordance with a local | ||||||
7 | emergency energy plan ordinance that is adopted under Section | ||||||
8 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
9 | (j) Information and data concerning the distribution of | ||||||
10 | surcharge moneys collected and remitted by wireless carriers | ||||||
11 | under the Wireless Emergency Telephone Safety Act. | ||||||
12 | (k) Law enforcement officer identification information or | ||||||
13 | driver identification information compiled by a law | ||||||
14 | enforcement agency or the Department of Transportation under | ||||||
15 | Section 11-212 of the Illinois Vehicle Code. | ||||||
16 | (l) Records and information provided to a residential | ||||||
17 | health care facility resident sexual assault and death review | ||||||
18 | team or the Executive Council under the Abuse Prevention Review | ||||||
19 | Team Act. | ||||||
20 | (m) Information provided to the predatory lending database | ||||||
21 | created pursuant to Article 3 of the Residential Real Property | ||||||
22 | Disclosure Act, except to the extent authorized under that | ||||||
23 | Article. | ||||||
24 | (n) Defense budgets and petitions for certification of | ||||||
25 | compensation and expenses for court appointed trial counsel as | ||||||
26 | provided under Sections 10 and 15 of the Capital Crimes |
| |||||||
| |||||||
1 | Litigation Act. This subsection (n) shall apply until the | ||||||
2 | conclusion of the trial of the case, even if the prosecution | ||||||
3 | chooses not to pursue the death penalty prior to trial or | ||||||
4 | sentencing. | ||||||
5 | (o) Information that is prohibited from being disclosed | ||||||
6 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
7 | Registry Act. | ||||||
8 | (p) Security portions of system safety program plans, | ||||||
9 | investigation reports, surveys, schedules, lists, data, or | ||||||
10 | information compiled, collected, or prepared by or for the | ||||||
11 | Regional Transportation Authority under Section 2.11 of the | ||||||
12 | Regional Transportation Authority Act or the St. Clair County | ||||||
13 | Transit District under the Bi-State Transit Safety Act. | ||||||
14 | (q) Information prohibited from being disclosed by the | ||||||
15 | Personnel Records Review Act. | ||||||
16 | (r) Information prohibited from being disclosed by the | ||||||
17 | Illinois School Student Records Act. | ||||||
18 | (s) Information the disclosure of which is restricted under | ||||||
19 | Section 5-108 of the Public Utilities Act.
| ||||||
20 | (t) Records and information provided to an independent team | ||||||
21 | of experts under Brian's Law. | ||||||
22 | (Source: P.A. 96-542, eff. 1-1-10.) | ||||||
23 | Section 100. The State Employee Indemnification Act is | ||||||
24 | amended by changing Section 1 as follows: |
| |||||||
| |||||||
1 | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| ||||||
2 | Sec. 1. Definitions. For the purpose of this Act:
| ||||||
3 | (a) The term "State" means the State of Illinois, the | ||||||
4 | General
Assembly, the court, or any State office, department, | ||||||
5 | division, bureau,
board, commission, or committee, the | ||||||
6 | governing boards of the public
institutions of higher education | ||||||
7 | created by the State, the Illinois
National Guard, the | ||||||
8 | Comprehensive Health Insurance Board, any poison control
| ||||||
9 | center designated under the Poison Control System Act that | ||||||
10 | receives State
funding, or any other agency or instrumentality | ||||||
11 | of the State. It
does not mean any local public entity as that | ||||||
12 | term is defined in Section
1-206 of the Local Governmental and | ||||||
13 | Governmental Employees Tort Immunity
Act or a pension fund.
| ||||||
14 | (b) The term "employee" means any present or former elected | ||||||
15 | or
appointed officer, trustee or employee of the State, or of a | ||||||
16 | pension
fund,
any present or former commissioner or employee of | ||||||
17 | the Executive Ethics
Commission or of the Legislative Ethics | ||||||
18 | Commission, any present or former
Executive, Legislative, or | ||||||
19 | Auditor General's Inspector General, any present or
former | ||||||
20 | employee of an Office of an Executive, Legislative, or Auditor | ||||||
21 | General's
Inspector General, any present or former member of | ||||||
22 | the Illinois National
Guard
while on active duty, individuals | ||||||
23 | or organizations who contract with the
Department of | ||||||
24 | Corrections, the Comprehensive Health Insurance Board, or the
| ||||||
25 | Department of Veterans' Affairs to provide services, | ||||||
26 | individuals or
organizations who contract with the Department |
| |||||||
| |||||||
1 | of Human Services (as
successor to the Department of Mental | ||||||
2 | Health and Developmental
Disabilities) to provide services | ||||||
3 | including but not limited to treatment and
other services for | ||||||
4 | sexually violent persons, individuals or organizations who
| ||||||
5 | contract with the Department of
Military
Affairs for youth | ||||||
6 | programs, individuals or
organizations who contract to perform | ||||||
7 | carnival and amusement ride safety
inspections for the | ||||||
8 | Department of Labor, individual representatives of or
| ||||||
9 | designated organizations authorized to represent the Office of | ||||||
10 | State Long-Term
Ombudsman for the Department on Aging, | ||||||
11 | individual representatives of or
organizations designated by | ||||||
12 | the Department on Aging in the performance of their
duties as | ||||||
13 | elder abuse provider agencies or regional administrative | ||||||
14 | agencies
under the Elder Abuse and Neglect Act, individuals or | ||||||
15 | organizations who perform
volunteer services for the State | ||||||
16 | where such volunteer relationship is reduced
to writing, | ||||||
17 | individuals who serve on any public entity (whether created by | ||||||
18 | law
or administrative action) described in paragraph (a) of | ||||||
19 | this Section,
individuals or not for profit organizations who, | ||||||
20 | either as volunteers, where
such volunteer relationship is | ||||||
21 | reduced to writing, or pursuant to contract,
furnish | ||||||
22 | professional advice or consultation to any agency or | ||||||
23 | instrumentality of
the State, individuals who serve as foster | ||||||
24 | parents for the Department of
Children and Family Services when | ||||||
25 | caring for a Department ward, individuals who serve as members | ||||||
26 | of an independent team of experts under Brian's Law, and |
| |||||||
| |||||||
1 | individuals
who serve as arbitrators pursuant to Part 10A of
| ||||||
2 | Article II of the Code of Civil Procedure and the rules of the | ||||||
3 | Supreme Court
implementing Part 10A, each as now or hereafter | ||||||
4 | amended, but does not mean an
independent contractor except as | ||||||
5 | provided in this Section. The term includes an
individual | ||||||
6 | appointed as an inspector by the Director of State Police when
| ||||||
7 | performing duties within the scope of the activities of a | ||||||
8 | Metropolitan
Enforcement Group or a law enforcement | ||||||
9 | organization established under the
Intergovernmental | ||||||
10 | Cooperation Act. An individual who renders professional
advice | ||||||
11 | and consultation to the State through an organization which | ||||||
12 | qualifies as
an "employee" under the Act is also an employee. | ||||||
13 | The term includes the estate
or personal representative of an | ||||||
14 | employee.
| ||||||
15 | (c) The term "pension fund" means a retirement system or | ||||||
16 | pension
fund created under the Illinois Pension Code.
| ||||||
17 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
18 | (405 ILCS 5/5-100A rep.) | ||||||
19 | Section 105. The Mental Health and Developmental | ||||||
20 | Disabilities Code is amended by repealing Section 5-100A. | ||||||
21 | Section 110. The Mental Health and Developmental | ||||||
22 | Disabilities Confidentiality Act is amended by changing | ||||||
23 | Section 7 as follows:
|
| |||||||
| |||||||
1 | (740 ILCS 110/7) (from Ch. 91 1/2, par. 807)
| ||||||
2 | Sec. 7. Review of therapist or agency; use of recipient's | ||||||
3 | record.
| ||||||
4 | (a) When a therapist or agency which provides services is | ||||||
5 | being
reviewed for purposes of licensure, statistical | ||||||
6 | compilation, research,
evaluation, or other similar purpose, a | ||||||
7 | recipient's record may be used by
the person conducting the | ||||||
8 | review to the extent that this is necessary to
accomplish the | ||||||
9 | purpose of the review, provided that personally identifiable
| ||||||
10 | data is removed from the record before use. Personally | ||||||
11 | identifiable
data may be disclosed only with the consent | ||||||
12 | obtained under Section 5
of this Act. Licensure and the like | ||||||
13 | may not be withheld or withdrawn for
failure to disclose | ||||||
14 | personally identifiable data if consent is not obtained.
| ||||||
15 | (b) When an agency which provides services is being | ||||||
16 | reviewed for
purposes of funding, accreditation, reimbursement | ||||||
17 | or audit by a State or
federal agency or accrediting body, a | ||||||
18 | recipient's record may be used by
the person conducting the | ||||||
19 | review and personally identifiable information
may be | ||||||
20 | disclosed without consent, provided that the personally | ||||||
21 | identifiable
information is necessary to accomplish the | ||||||
22 | purpose of the review.
| ||||||
23 | For the purpose of this subsection, an inspection
| ||||||
24 | investigation or site visit by the United States Department of | ||||||
25 | Justice
regarding compliance with a pending consent decree is | ||||||
26 | considered an audit
by a federal agency.
|
| |||||||
| |||||||
1 | (c) An independent team of experts under Brian's Law The | ||||||
2 | Mental Health and Developmental Disabilities Medical Review
| ||||||
3 | Board shall be entitled to inspect and copy the records of any | ||||||
4 | recipient whose death is being examined by such a team pursuant | ||||||
5 | to the mortality review process authorized by Brian's Law .
| ||||||
6 | Information disclosed under this subsection may not be | ||||||
7 | redisclosed without
the written consent of one of the persons | ||||||
8 | identified in Section 4 of this Act.
| ||||||
9 | (Source: P.A. 88-484.)".
|