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1 | AN ACT concerning abortion.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Article 1.
| ||||||||||||||||||||||||
5 | Section 1.
It is the intention of the General Assembly of | ||||||||||||||||||||||||
6 | the State of
Illinois to reasonably regulate abortion in | ||||||||||||||||||||||||
7 | conformance with the
legal standards set forth in the decisions | ||||||||||||||||||||||||
8 | of the United States Supreme Court of January 22, 1973.
| ||||||||||||||||||||||||
9 | Section 2.
Unless the language or context clearly indicates | ||||||||||||||||||||||||
10 | a different
meaning is intended, the following words or phrases | ||||||||||||||||||||||||
11 | for the purpose of
this Law shall be given the meaning ascribed | ||||||||||||||||||||||||
12 | to them:
| ||||||||||||||||||||||||
13 | (1) "Viability" means either: | ||||||||||||||||||||||||
14 | (A) that stage of fetal development when, in the | ||||||||||||||||||||||||
15 | medical
judgment of the attending physician based on the | ||||||||||||||||||||||||
16 | particular facts of the
case before the attending | ||||||||||||||||||||||||
17 | physician, there is a reasonable likelihood of sustained | ||||||||||||||||||||||||
18 | survival
of the fetus outside the womb, with or without
| ||||||||||||||||||||||||
19 | artificial support; or | ||||||||||||||||||||||||
20 | (B) when, in the medical
judgment of the attending | ||||||||||||||||||||||||
21 | physician based on the particular facts of the
case before | ||||||||||||||||||||||||
22 | the attending physician, the unborn child has a fetal |
| |||||||
| |||||||
1 | heartbeat.
| ||||||
2 | (2) "Physician" means any person licensed to practice | ||||||
3 | medicine in all
its branches under the Illinois Medical | ||||||
4 | Practice Act of 1987, as amended.
| ||||||
5 | (3) "Department" means the Department of Public Health, | ||||||
6 | State of
Illinois.
| ||||||
7 | (4) "Abortion" means the use of any instrument, medicine, | ||||||
8 | drug or any
other substance or device to terminate the | ||||||
9 | pregnancy of a woman known to
be pregnant with an intention | ||||||
10 | other than to increase the probability of a
live birth, to | ||||||
11 | preserve the life or health of the child after live birth,
or | ||||||
12 | to remove a dead fetus.
| ||||||
13 | (5) "Fertilization" and "conception" each mean the | ||||||
14 | fertilization of
a human ovum by a human sperm, which shall be | ||||||
15 | deemed to have occurred at
the time when it is known a | ||||||
16 | spermatozoon has penetrated the cell membrane
of the ovum.
| ||||||
17 | (6) "Fetus" and "unborn child" each mean an individual
| ||||||
18 | organism of the species homo sapiens from fertilization until | ||||||
19 | live birth.
| ||||||
20 | (6.5) "Fetal heartbeat" means cardiac activity or the | ||||||
21 | steady and repetitive rhythmic contraction of the fetal heart | ||||||
22 | within the gestational sac.
| ||||||
23 | (7) "Abortifacient" means any instrument, medicine, drug, | ||||||
24 | or any
other substance or device which is known to cause fetal | ||||||
25 | death when employed
in the usual and customary use for which it | ||||||
26 | is manufactured, whether or
not the fetus is known to exist |
| |||||||
| |||||||
1 | when such substance or device is
employed.
| ||||||
2 | (8) "Born alive", "live born", and "live birth", when | ||||||
3 | applied to
an individual organism of the species homo sapiens,
| ||||||
4 | each mean he or she was completely expelled or extracted from
| ||||||
5 | his or her mother and after such separation breathed or showed | ||||||
6 | evidence
of any of the following: beating of the heart, | ||||||
7 | pulsation of the umbilical
cord, or definite movement of | ||||||
8 | voluntary muscles, irrespective of the duration
of pregnancy | ||||||
9 | and whether or not the umbilical cord has been cut or the | ||||||
10 | placenta
is attached.
| ||||||
11 | Section 3.1. Medical Judgment. No abortion shall be | ||||||
12 | performed except by
a physician after either (a) he determines | ||||||
13 | that, in his best clinical judgment,
the abortion is necessary, | ||||||
14 | or (b) he receives a written statement or oral
communication by | ||||||
15 | another physician, hereinafter called the "referring
| ||||||
16 | physician", certifying that in the referring physician's best | ||||||
17 | clinical
judgment the abortion is necessary. Any person who | ||||||
18 | intentionally or knowingly performs
an abortion contrary to the | ||||||
19 | requirements of Section 3.1 commits a Class 2 felony.
| ||||||
20 | Section 5.
(1) When the fetus is viable no abortion shall | ||||||
21 | be performed
unless in the medical judgment of the attending or | ||||||
22 | referring physician,
based on the particular facts of the case | ||||||
23 | before him, it is necessary
to preserve the life or health of | ||||||
24 | the mother. Intentional, knowing, or
reckless failure to |
| |||||||
| |||||||
1 | conform to the requirements of subsection
(1) of Section 5 is a | ||||||
2 | Class 2 felony.
| ||||||
3 | (2) When the fetus is viable the physician shall certify in | ||||||
4 | writing, on
a form prescribed by the Department under Section | ||||||
5 | 10 of this Law, the medical
indications which, in his medical | ||||||
6 | judgment based on the particular facts
of the case before him, | ||||||
7 | warrant performance of the abortion to preserve
the life or | ||||||
8 | health of the mother.
| ||||||
9 | Section 6.
(1) (a) Any physician who intentionally performs | ||||||
10 | an abortion
when, in his medical judgment based on the | ||||||
11 | particular facts of the case before him,
there is a reasonable | ||||||
12 | likelihood of sustained survival of the fetus outside
the womb, | ||||||
13 | with or without artificial support, shall utilize that method | ||||||
14 | of
abortion which, of those he knows to be available, is in his | ||||||
15 | medical
judgment most likely to preserve the life and health of | ||||||
16 | the fetus.
| ||||||
17 | (b) The physician shall certify in writing, on a form | ||||||
18 | prescribed by the
Department under Section 10 of this Act, the | ||||||
19 | available methods considered
and the reasons for choosing the | ||||||
20 | method employed.
| ||||||
21 | (c) Any physician who intentionally, knowingly, or | ||||||
22 | recklessly violates
the provisions of Section 6(1)(a) commits a | ||||||
23 | Class 3 felony.
| ||||||
24 | (2) (a) No abortion shall be performed or induced when the | ||||||
25 | fetus is
viable unless there is in attendance a physician other |
| |||||||
| |||||||
1 | than the physician
performing or inducing the abortion who | ||||||
2 | shall take control of and provide
immediate medical care for | ||||||
3 | any child born alive as a result of the
abortion. This | ||||||
4 | requirement shall not apply when, in the medical judgment
of | ||||||
5 | the physician performing or inducing the abortion based on the
| ||||||
6 | particular facts of the case before him, there exists a medical | ||||||
7 | emergency;
in such a case, the physician shall describe the | ||||||
8 | basis of this judgment on
the form prescribed by Section 10 of | ||||||
9 | this Act. Any physician who
intentionally performs or induces | ||||||
10 | such an abortion and who intentionally,
knowingly, or | ||||||
11 | recklessly fails to arrange for the attendance of such a
second | ||||||
12 | physician in violation of Section 6(2)(a) commits a Class 3 | ||||||
13 | felony.
| ||||||
14 | (b) Subsequent to the abortion, if a child is born alive, | ||||||
15 | the physician
required by Section 6(2)(a) to be in attendance | ||||||
16 | shall exercise the same
degree of professional skill, care and | ||||||
17 | diligence to preserve the life and
health of the child as would | ||||||
18 | be required of a physician providing immediate
medical care to | ||||||
19 | a child born alive in the course of a pregnancy termination
| ||||||
20 | which was not an abortion. Any such physician who | ||||||
21 | intentionally,
knowingly, or recklessly violates Section | ||||||
22 | 6(2)(b) commits a Class 3 felony.
| ||||||
23 | (3) The law of this State shall not be construed to imply | ||||||
24 | that any
living individual organism of the species homo sapiens | ||||||
25 | who has been born
alive is not an individual under
the Criminal | ||||||
26 | Code of 1961 or Criminal Code of 2012.
|
| |||||||
| |||||||
1 | (4) (a) Any physician who intentionally performs an | ||||||
2 | abortion when, in
his medical judgment based on the particular | ||||||
3 | facts of the case before him,
there is a reasonable possibility | ||||||
4 | of sustained survival of the fetus
outside the womb, with or | ||||||
5 | without artificial support, shall utilize that
method of | ||||||
6 | abortion which, of those he knows to be available, is in his
| ||||||
7 | medical judgment most likely to preserve the life and health of | ||||||
8 | the fetus.
| ||||||
9 | (b) The physician shall certify in writing, on a form | ||||||
10 | prescribed by the
Department under Section 10 of this Act, the | ||||||
11 | available methods considered
and the reasons for choosing the | ||||||
12 | method employed.
| ||||||
13 | (c) Any physician who intentionally, knowingly, or | ||||||
14 | recklessly violates
the provisions of Section 6(4)(a) commits a | ||||||
15 | Class 3 felony.
| ||||||
16 | (5) Nothing in Section 6 requires a physician to employ
a | ||||||
17 | method of abortion which, in the medical judgment of the | ||||||
18 | physician
performing the abortion based on the particular facts | ||||||
19 | of the
case before him, would increase medical risk to the | ||||||
20 | mother.
| ||||||
21 | (6) When the fetus is viable and when there exists | ||||||
22 | reasonable
medical certainty (a) that the particular
method of | ||||||
23 | abortion to be employed will cause organic pain to the fetus, | ||||||
24 | and
(b) that use of an
anesthetic or analgesic would abolish or | ||||||
25 | alleviate organic
pain to the fetus caused by the particular | ||||||
26 | method of abortion to be employed,
then the physician who is to |
| |||||||
| |||||||
1 | perform the abortion or his agent or the
referring physician or | ||||||
2 | his agent shall inform the woman upon
whom the abortion is to | ||||||
3 | be performed that such an
anesthetic or analgesic is available, | ||||||
4 | if he knows it to be available,
for use to abolish or alleviate | ||||||
5 | organic
pain caused to the fetus by the particular method of | ||||||
6 | abortion to be employed.
Any person who performs an abortion | ||||||
7 | with knowledge that any such reasonable
medical certainty | ||||||
8 | exists and that such an anesthetic or analgesic is
available, | ||||||
9 | and intentionally
fails to so inform
the woman or to ascertain | ||||||
10 | that the woman has been so informed commits a
Class B | ||||||
11 | misdemeanor. The foregoing requirements of subsection (6) of | ||||||
12 | Section 6 shall
not apply (a) when in the medical judgment of | ||||||
13 | the physician who is to perform
the abortion or the referring | ||||||
14 | physician based upon the particular facts
of the case before | ||||||
15 | him: (i) there
exists a medical emergency, or (ii) the | ||||||
16 | administration of such an anesthetic or
analgesic would | ||||||
17 | decrease a possibility of sustained survival of
the fetus apart | ||||||
18 | from the body of the mother, with
or without artificial
| ||||||
19 | support, or (b) when the physician
who is to perform the | ||||||
20 | abortion administers an anesthetic or an analgesic
to the woman | ||||||
21 | or the fetus and he knows there exists reasonable medical
| ||||||
22 | certainty that such use will abolish organic pain caused to the | ||||||
23 | fetus during
the course of the abortion.
| ||||||
24 | (7) No person shall sell or experiment upon a fetus | ||||||
25 | produced by the
fertilization of a human ovum by a human sperm | ||||||
26 | unless such experimentation
is therapeutic to the fetus thereby
|
| |||||||
| |||||||
1 | produced. Intentional violation of this section is a Class A | ||||||
2 | misdemeanor.
Nothing in this subsection (7) is intended to | ||||||
3 | prohibit the performance of
in vitro fertilization.
| ||||||
4 | (8) No person shall intentionally perform an abortion with | ||||||
5 | knowledge
that the pregnant woman is seeking the abortion | ||||||
6 | solely on account of the
sex of the fetus. Nothing in Section | ||||||
7 | 6(8) shall be construed to proscribe
the performance of an | ||||||
8 | abortion on account of the sex of the fetus because
of a | ||||||
9 | genetic disorder linked to that sex. If the application of | ||||||
10 | Section
6(8) to the period of pregnancy prior to viability is | ||||||
11 | held invalid, then
such invalidity shall not affect its | ||||||
12 | application to the period of pregnancy
subsequent to viability.
| ||||||
13 | Section 10.
A report of each abortion performed shall be | ||||||
14 | made to the
Department on forms prescribed by it. Such report | ||||||
15 | forms shall not
identify the patient by name, but by an | ||||||
16 | individual number to be noted in
the patient's permanent record | ||||||
17 | in the possession of the physician, and
shall include | ||||||
18 | information concerning:
| ||||||
19 | (1) Identification of the physician who performed the | ||||||
20 | abortion and
the facility where the abortion was performed | ||||||
21 | and a patient
identification number;
| ||||||
22 | (2) State in which the patient resides;
| ||||||
23 | (3) Patient's date of birth, race and marital status;
| ||||||
24 | (4) Number of prior pregnancies;
| ||||||
25 | (5) Date of last menstrual period;
|
| |||||||
| |||||||
1 | (6) Type of abortion procedure performed;
| ||||||
2 | (7) Complications and whether the abortion resulted in | ||||||
3 | a live birth;
| ||||||
4 | (8) The date the abortion was performed;
| ||||||
5 | (9) Medical indications for any abortion performed | ||||||
6 | when the fetus was viable;
| ||||||
7 | (10) The information required by Sections 6(1)(b) and | ||||||
8 | 6(4)(b) of this
Act, if applicable;
| ||||||
9 | (11) Basis for any medical judgment that a medical | ||||||
10 | emergency existed
when required under Sections 6(2)(a) and | ||||||
11 | 6(6) and when required to
be reported in accordance with | ||||||
12 | this Section by any provision of this Law; and
| ||||||
13 | (12) The pathologist's test results pursuant to | ||||||
14 | Section 12 of this Act.
| ||||||
15 | Such form shall be completed by
the hospital or other | ||||||
16 | licensed facility, signed by the physician who
performed the | ||||||
17 | abortion or pregnancy termination, and transmitted to the
| ||||||
18 | Department not later than 10 days following the end of the | ||||||
19 | month in
which the abortion was performed.
| ||||||
20 | In the event that a complication of an abortion occurs or | ||||||
21 | becomes
known after submission of such form, a correction using | ||||||
22 | the same patient
identification number shall be submitted to | ||||||
23 | the Department within 10
days of its becoming known.
| ||||||
24 | The Department may prescribe rules and regulations | ||||||
25 | regarding the
administration of this Law and shall prescribe | ||||||
26 | regulations to secure the
confidentiality of the woman's |
| |||||||
| |||||||
1 | identity in the information to be
provided under the "Vital | ||||||
2 | Records Act". All reports received
by the Department shall be | ||||||
3 | treated as confidential and the Department
shall secure the
| ||||||
4 | woman's anonymity. Such reports shall be used only for | ||||||
5 | statistical purposes.
| ||||||
6 | Upon 30 days public notice, the Department is empowered to | ||||||
7 | require
reporting of any additional information which, in the | ||||||
8 | sound discretion
of the Department, is necessary to develop | ||||||
9 | statistical data relating to
the protection of maternal or | ||||||
10 | fetal life or health, or is necessary to
enforce the provisions | ||||||
11 | of this Law, or is necessary to develop useful
criteria for | ||||||
12 | medical decisions. The Department shall annually report to
the | ||||||
13 | General Assembly all statistical data gathered under this Law | ||||||
14 | and its
recommendations to further the purpose of this Law.
| ||||||
15 | The requirement for reporting to the General Assembly shall | ||||||
16 | be satisfied
by filing copies of the report as required
by | ||||||
17 | Section 3.1 of the General Assembly Organization Act, and | ||||||
18 | filing such additional copies
with the State Government Report | ||||||
19 | Distribution Center for the General Assembly
as is required | ||||||
20 | under paragraph (t) of Section 7 of the State Library Act.
| ||||||
21 | Section 10.1.
Any physician who diagnoses a woman as having | ||||||
22 | complications
resulting from an abortion shall report, within a | ||||||
23 | reasonable period of time,
the diagnosis and a summary of her
| ||||||
24 | physical symptoms to the Illinois Department of Public Health | ||||||
25 | in accordance
with procedures and upon forms required by such |
| |||||||
| |||||||
1 | Department. The Department
of Public Health shall define the | ||||||
2 | complications required to be reported
by rule. The | ||||||
3 | complications defined by rule shall be those which, according
| ||||||
4 | to contemporary medical standards, are manifested by symptoms | ||||||
5 | with severity
equal to or greater than hemorrhaging requiring | ||||||
6 | transfusion, infection,
incomplete abortion, or punctured | ||||||
7 | organs. If the physician making the
diagnosis of a complication | ||||||
8 | knows the name or location of the facility
where the abortion | ||||||
9 | was performed, he shall report such information to the
| ||||||
10 | Department of Public Health.
| ||||||
11 | Any physician who intentionally violates this Section | ||||||
12 | shall be subject
to revocation of his license pursuant to | ||||||
13 | paragraph (22) of Section 22
of the Medical Practice Act of | ||||||
14 | 1987.
| ||||||
15 | Section 11. (1) Any person who intentionally violates any | ||||||
16 | provision of this
Law commits a Class A misdemeanor unless a | ||||||
17 | specific penalty is otherwise
provided. Any person who | ||||||
18 | intentionally falsifies any writing required by
this Law | ||||||
19 | commits a Class A misdemeanor.
| ||||||
20 | Intentional, knowing, reckless, or negligent violations of | ||||||
21 | this Law shall
constitute unprofessional conduct which causes | ||||||
22 | public harm under Section
22 of the Medical Practice Act of | ||||||
23 | 1987, as amended; Section
70-5 of the Nurse Practice Act, and
| ||||||
24 | Section 21 of the Physician Assistant
Practice Act of 1987, as | ||||||
25 | amended.
|
| |||||||
| |||||||
1 | Intentional, knowing, reckless or negligent violations of | ||||||
2 | this Law will
constitute grounds for refusal, denial, | ||||||
3 | revocation,
suspension, or withdrawal of license, certificate, | ||||||
4 | or permit under Section
30 of the Pharmacy Practice Act, as | ||||||
5 | amended; Section 7 of
the Ambulatory Surgical Treatment Center
| ||||||
6 | Act, effective July 19, 1973, as amended; and Section 7 of the | ||||||
7 | Hospital
Licensing Act.
| ||||||
8 | (2) Any hospital or licensed facility which, or any
| ||||||
9 | physician who intentionally, knowingly, or recklessly
fails to | ||||||
10 | submit a complete report to the Department in accordance with | ||||||
11 | the
provisions of Section 10 of this Law and any person who | ||||||
12 | intentionally,
knowingly, recklessly or negligently fails to | ||||||
13 | maintain the confidentiality
of any reports required under this | ||||||
14 | Law or reports required by
Sections 10.1 or 12 of this Law | ||||||
15 | commits a Class B misdemeanor.
| ||||||
16 | (3) Any person who sells any drug, medicine, instrument or | ||||||
17 | other
substance which he knows to be an abortifacient and which | ||||||
18 | is in fact an
abortifacient, unless upon prescription of a | ||||||
19 | physician, is guilty of a
Class B misdemeanor. Any person who | ||||||
20 | prescribes or administers any instrument,
medicine, drug or | ||||||
21 | other substance or device, which he knows to be an
| ||||||
22 | abortifacient, and which is in fact an abortifacient, and | ||||||
23 | intentionally,
knowingly or recklessly fails to inform the | ||||||
24 | person for whom it is
prescribed or upon whom it is | ||||||
25 | administered that it is an abortifacient
commits a Class C | ||||||
26 | misdemeanor.
|
| |||||||
| |||||||
1 | (4) Any person who intentionally, knowingly or recklessly
| ||||||
2 | performs upon a woman what he represents to that woman to be an
| ||||||
3 | abortion when he knows or should know that she is not pregnant | ||||||
4 | commits
a Class 2 felony and shall be answerable in
civil | ||||||
5 | damages equal to 3 times the amount of proved damages.
| ||||||
6 | Section 11.1.
(a) The payment or receipt of a referral fee | ||||||
7 | in connection
with the performance of an abortion is a Class 4 | ||||||
8 | felony.
| ||||||
9 | (b) For purposes of this Section, "referral fee" means the | ||||||
10 | transfer of
anything of value between a doctor who performs an | ||||||
11 | abortion or an operator
or employee of a clinic at which an | ||||||
12 | abortion is performed and the person
who advised the woman | ||||||
13 | receiving the abortion to use the services of that
doctor or | ||||||
14 | clinic.
| ||||||
15 | Section 12.
The dead fetus and all tissue removed at the | ||||||
16 | time of abortion
shall be submitted for a gross and microscopic | ||||||
17 | analysis and tissue report
to a board eligible or certified | ||||||
18 | pathologist as a matter of record in all
cases. The results of | ||||||
19 | the analysis and report shall be given to the
physician who | ||||||
20 | performed the abortion within 7 days of the abortion and such
| ||||||
21 | physician shall report any complications relevant to the | ||||||
22 | woman's medical
condition to his patient within 48 hours of | ||||||
23 | receiving a report if possible.
Any evidence of live birth or | ||||||
24 | of viability shall be reported within 7 days,
if possible, to |
| |||||||
| |||||||
1 | the Department by the pathologist. Intentional failure of
the | ||||||
2 | pathologist to report any evidence of live birth or of | ||||||
3 | viability to the
Department is a Class B misdemeanor.
| ||||||
4 | Section 12.1.
Nothing in this Act shall prohibit the use of | ||||||
5 | any tissues or
cells obtained from a dead fetus or dead | ||||||
6 | premature infant whose death did
not result from an induced | ||||||
7 | abortion, for therapeutic purposes or scientific,
research, or | ||||||
8 | laboratory experimentation, provided that the written consent
| ||||||
9 | to such use is obtained from one of the parents of such fetus | ||||||
10 | or infant.
| ||||||
11 | Section 13.
No physician, hospital, ambulatory surgical | ||||||
12 | center, nor
employee thereof, shall be required against his or | ||||||
13 | its conscience
declared in writing to perform, permit or | ||||||
14 | participate in any abortion,
and the failure or refusal to do | ||||||
15 | so shall not be the basis for any
civil, criminal, | ||||||
16 | administrative or disciplinary action, proceeding,
penalty or | ||||||
17 | punishment. If any request for an abortion is denied, the
| ||||||
18 | patient shall be promptly notified.
| ||||||
19 | Section 14.
(1) If any provision, word, phrase or clause of | ||||||
20 | this Act or the
application thereof to any person or | ||||||
21 | circumstance shall be held invalid,
such invalidity shall not | ||||||
22 | affect the provisions, words, phrases, clauses or
application | ||||||
23 | of this Act which can be given effect without the invalid
|
| |||||||
| |||||||
1 | provision, word, phrase, clause, or application, and to this | ||||||
2 | end the
provisions, words, phrases, and clauses of this Act are | ||||||
3 | declared to be
severable.
| ||||||
4 | (2) Within 60 days from the time this Section becomes law, | ||||||
5 | the
Department shall issue regulations pursuant to Section 10. | ||||||
6 | Insofar as
Section 10 requires registration under the "Vital | ||||||
7 | Records Act", it shall
not take effect until such regulations | ||||||
8 | are issued. The Department shall
make available the forms | ||||||
9 | required under Section 10 within
30 days of the time this | ||||||
10 | Section becomes law. No requirement that any person
report | ||||||
11 | information to the Department
shall become effective until the | ||||||
12 | Department has made available the forms
required under Section | ||||||
13 | 10. All other provisions of this amended Law shall
take effect | ||||||
14 | immediately upon enactment.
| ||||||
15 | Section 15.
This Article shall be known and may be cited as | ||||||
16 | the "Illinois
Abortion Law of 2019".
| ||||||
17 | Article 2.
| ||||||
18 | Section 201. Short title. This Article may be cited as the | ||||||
19 | Partial-birth Abortion Ban Act of 2019.
| ||||||
20 | Section 205. Definitions. In this Act:
| ||||||
21 | "Partial-birth abortion" means an abortion in which the | ||||||
22 | person performing the
abortion partially vaginally delivers a |
| |||||||
| |||||||
1 | living human fetus or infant before
killing the fetus or infant | ||||||
2 | and completing the delivery.
The terms "fetus" and "infant" are | ||||||
3 | used interchangeably to refer to the
biological offspring of | ||||||
4 | human parents.
| ||||||
5 | Section 210. Partial-birth abortions prohibited. Any | ||||||
6 | person who knowingly
performs a partial-birth abortion and | ||||||
7 | thereby kills a human fetus or infant is
guilty of
a Class 4 | ||||||
8 | felony. This Section does not apply to a partial-birth abortion | ||||||
9 | that
is necessary to save the life of a mother because her life | ||||||
10 | is endangered by a
physical
disorder, physical illness, or | ||||||
11 | physical injury, including a life-endangering
condition caused | ||||||
12 | by or arising from the pregnancy itself, provided that no
other | ||||||
13 | medical procedure would
suffice for that purpose.
| ||||||
14 | Section 215. Civil action. The maternal grandparents of the | ||||||
15 | fetus or infant, if
the mother has not attained the age of 18 | ||||||
16 | years at the time of the
abortion, may in a civil action obtain | ||||||
17 | appropriate relief unless the pregnancy
resulted from the | ||||||
18 | plaintiff's criminal conduct or the plaintiff consented to
the | ||||||
19 | abortion. The relief shall include money damages for all | ||||||
20 | injuries,
psychological and physical, occasioned by the | ||||||
21 | violation of this Act and
statutory damages equal to 3 times | ||||||
22 | the cost of the partial-birth abortion.
| ||||||
23 | Section 220. Prosecution of woman prohibited. A woman on |
| |||||||
| |||||||
1 | whom a partial-birth
abortion is performed may not be | ||||||
2 | prosecuted under this Act, for a
conspiracy to violate this | ||||||
3 | Act, or for an offense under Article 31 of the
Criminal Code of | ||||||
4 | 1961 or Criminal Code of 2012 based on a violation of this Act, | ||||||
5 | nor may she be held
accountable under Article 5 of the Criminal | ||||||
6 | Code of 1961 or Criminal Code of 2012 for an offense based
on a | ||||||
7 | violation of this Act.
| ||||||
8 | Article 3.
| ||||||
9 | Section 301. Short title. This Article may be cited as the
| ||||||
10 | Abortion Performance Refusal Act of 2019.
| ||||||
11 | Section 305.
| ||||||
12 | (a) No physician, nurse or other person who refuses to | ||||||
13 | recommend,
perform or assist in the performance of an abortion, | ||||||
14 | whether such
abortion be a crime or not, shall be liable to any | ||||||
15 | person for damages
allegedly arising from such refusal.
| ||||||
16 | (b) No hospital that refuses to permit the performance of | ||||||
17 | an
abortion upon its premises, whether such abortion be a crime | ||||||
18 | or not,
shall be liable to any person for damages allegedly | ||||||
19 | arising from such
refusal.
| ||||||
20 | (c) Any person, association, partnership or corporation | ||||||
21 | that
discriminates against another person in any way, | ||||||
22 | including, but not
limited to, hiring, promotion, advancement, | ||||||
23 | transfer, licensing,
granting of hospital privileges, or staff |
| |||||||
| |||||||
1 | appointments, because of that
person's refusal to recommend, | ||||||
2 | perform or assist in the performance of
an abortion, whether | ||||||
3 | such abortion be a crime or not, shall be
answerable in civil | ||||||
4 | damages equal to 3 times the amount of proved
damages, but in | ||||||
5 | no case less than $2,000.
| ||||||
6 | (d) The license of any hospital, doctor, nurse or any other | ||||||
7 | medical
personnel shall not be revoked or suspended because of | ||||||
8 | a refusal to
permit, recommend, perform or assist in the | ||||||
9 | performance of an abortion.
| ||||||
10 | Article 4.
| ||||||
11 | (775 ILCS 55/Act rep.)
| ||||||
12 | Section 405. The Reproductive Health Act is repealed. | ||||||
13 | Article 5. | ||||||
14 | Section 505. The Ambulatory Surgical Treatment Center Act | ||||||
15 | is amended by adding Section 6.2 as follows: | ||||||
16 | (210 ILCS 5/6.2 new) | ||||||
17 | Sec. 6.2. Notwithstanding any other provision of this Act, | ||||||
18 | any
corporation operating an Ambulatory Surgical Treatment | ||||||
19 | Center devoted
primarily to providing facilities for abortion | ||||||
20 | must have a physician,
who is licensed to practice medicine in | ||||||
21 | all of its branches and is
actively engaged in the practice of |
| |||||||
| |||||||
1 | medicine at the Center, on the board
of directors as a | ||||||
2 | condition to licensure of the Center. | ||||||
3 | Section 510. The Sexual Assault Survivors Emergency | ||||||
4 | Treatment Act is amended by adding Section 9.1 as follows: | ||||||
5 | (410 ILCS 70/9.1 new) | ||||||
6 | Sec. 9.1. Nothing in this Act shall be construed to require
| ||||||
7 | a hospital or an approved pediatric health care facility to | ||||||
8 | provide any services which relate to an abortion. | ||||||
9 | Section 515. The Code of Civil Procedure is amended by | ||||||
10 | adding Section 11-107.1a as follows: | ||||||
11 | (735 ILCS 5/11-107.1a new) | ||||||
12 | Sec. 11-107.1a. Injunctive relief for the father of an | ||||||
13 | unborn child
in an abortion related decision by the mother. In | ||||||
14 | any case when a married
woman wishes to have an abortion | ||||||
15 | performed upon her, and her spouse, who is
the father of the | ||||||
16 | unborn child, is opposed to the performance of that
abortion, a | ||||||
17 | court may hear testimony from both parties and balance the
| ||||||
18 | rights and interests of those parties. | ||||||
19 | When the interests of the husband in preventing the | ||||||
20 | abortion outweigh
those of the wife in having an abortion | ||||||
21 | performed after the unborn child is
viable, the court may issue | ||||||
22 | an injunction against the performance of the
abortion but only |
| |||||||
| |||||||
1 | where the court makes a finding that the mother's life or
| ||||||
2 | physical health are not in danger. | ||||||
3 | Article 6. | ||||||
4 | Section 605. The State Employees Group Insurance Act of | ||||||
5 | 1971 is amended by changing Section 6.11 as follows:
| ||||||
6 | (5 ILCS 375/6.11)
| ||||||
7 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
8 | Code
requirements. The program of health
benefits shall provide | ||||||
9 | the post-mastectomy care benefits required to be covered
by a | ||||||
10 | policy of accident and health insurance under Section 356t of | ||||||
11 | the Illinois
Insurance Code. The program of health benefits | ||||||
12 | shall provide the coverage
required under Sections 356g, | ||||||
13 | 356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, | ||||||
14 | 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, | ||||||
15 | 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26, | ||||||
16 | 356z.29, and 356z.32 of the
Illinois Insurance Code.
The | ||||||
17 | program of health benefits must comply with Sections 155.22a, | ||||||
18 | 155.37, 355b, 356z.19, 370c, and 370c.1 of the
Illinois | ||||||
19 | Insurance Code. The Department of Insurance shall enforce the | ||||||
20 | requirements of this Section with respect to Sections 370c and | ||||||
21 | 370c.1 of the Illinois Insurance Code; all other requirements | ||||||
22 | of this Section shall be enforced by the Department of Central | ||||||
23 | Management Services.
|
| |||||||
| |||||||
1 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
2 | any, is conditioned on the rules being adopted in accordance | ||||||
3 | with all provisions of the Illinois Administrative Procedure | ||||||
4 | Act and all rules and procedures of the Joint Committee on | ||||||
5 | Administrative Rules; any purported rule not so adopted, for | ||||||
6 | whatever reason, is unauthorized. | ||||||
7 | (Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; | ||||||
8 | 100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. | ||||||
9 | 1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; | ||||||
10 | 100-1170, eff. 6-1-19; 101-13, eff. 6-12-19.) | ||||||
11 | Section 610. The Children and Family Services Act is | ||||||
12 | amended by changing Section 5 as follows:
| ||||||
13 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
14 | Sec. 5. Direct child welfare services; Department of | ||||||
15 | Children and Family
Services. To provide direct child welfare | ||||||
16 | services when not available
through other public or private | ||||||
17 | child care or program facilities.
| ||||||
18 | (a) For purposes of this Section:
| ||||||
19 | (1) "Children" means persons found within the State who | ||||||
20 | are under the
age of 18 years. The term also includes | ||||||
21 | persons under age 21 who:
| ||||||
22 | (A) were committed to the Department pursuant to | ||||||
23 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
24 | 1987, as amended, prior to
the age of 18 and who |
| |||||||
| |||||||
1 | continue under the jurisdiction of the court; or
| ||||||
2 | (B) were accepted for care, service and training by
| ||||||
3 | the Department prior to the age of 18 and whose best | ||||||
4 | interest in the
discretion of the Department would be | ||||||
5 | served by continuing that care,
service and training | ||||||
6 | because of severe emotional disturbances, physical
| ||||||
7 | disability, social adjustment or any combination | ||||||
8 | thereof, or because of the
need to complete an | ||||||
9 | educational or vocational training program.
| ||||||
10 | (2) "Homeless youth" means persons found within the
| ||||||
11 | State who are under the age of 19, are not in a safe and | ||||||
12 | stable living
situation and cannot be reunited with their | ||||||
13 | families.
| ||||||
14 | (3) "Child welfare services" means public social | ||||||
15 | services which are
directed toward the accomplishment of | ||||||
16 | the following purposes:
| ||||||
17 | (A) protecting and promoting the health, safety | ||||||
18 | and welfare of
children,
including homeless, dependent | ||||||
19 | or neglected children;
| ||||||
20 | (B) remedying, or assisting in the solution
of | ||||||
21 | problems which may result in, the neglect, abuse, | ||||||
22 | exploitation or
delinquency of children;
| ||||||
23 | (C) preventing the unnecessary separation of | ||||||
24 | children
from their families by identifying family | ||||||
25 | problems, assisting families in
resolving their | ||||||
26 | problems, and preventing the breakup of the family
|
| |||||||
| |||||||
1 | where the prevention of child removal is desirable and | ||||||
2 | possible when the
child can be cared for at home | ||||||
3 | without endangering the child's health and
safety;
| ||||||
4 | (D) restoring to their families children who have | ||||||
5 | been
removed, by the provision of services to the child | ||||||
6 | and the families when the
child can be cared for at | ||||||
7 | home without endangering the child's health and
| ||||||
8 | safety;
| ||||||
9 | (E) placing children in suitable adoptive homes, | ||||||
10 | in
cases where restoration to the biological family is | ||||||
11 | not safe, possible or
appropriate;
| ||||||
12 | (F) assuring safe and adequate care of children | ||||||
13 | away from their
homes, in cases where the child cannot | ||||||
14 | be returned home or cannot be placed
for adoption. At | ||||||
15 | the time of placement, the Department shall consider
| ||||||
16 | concurrent planning,
as described in subsection (l-1) | ||||||
17 | of this Section so that permanency may
occur at the | ||||||
18 | earliest opportunity. Consideration should be given so | ||||||
19 | that if
reunification fails or is delayed, the | ||||||
20 | placement made is the best available
placement to | ||||||
21 | provide permanency for the child;
| ||||||
22 | (G) (blank);
| ||||||
23 | (H) (blank); and
| ||||||
24 | (I) placing and maintaining children in facilities | ||||||
25 | that provide
separate living quarters for children | ||||||
26 | under the age of 18 and for children
18 years of age |
| |||||||
| |||||||
1 | and older, unless a child 18 years of age is in the | ||||||
2 | last
year of high school education or vocational | ||||||
3 | training, in an approved
individual or group treatment | ||||||
4 | program, in a licensed shelter facility,
or secure | ||||||
5 | child care facility.
The Department is not required to | ||||||
6 | place or maintain children:
| ||||||
7 | (i) who are in a foster home, or
| ||||||
8 | (ii) who are persons with a developmental | ||||||
9 | disability, as defined in
the Mental
Health and | ||||||
10 | Developmental Disabilities Code, or
| ||||||
11 | (iii) who are female children who are | ||||||
12 | pregnant, pregnant and
parenting or parenting, or
| ||||||
13 | (iv) who are siblings, in facilities that | ||||||
14 | provide separate living quarters for children 18
| ||||||
15 | years of age and older and for children under 18 | ||||||
16 | years of age.
| ||||||
17 | (b) (Blank). Nothing in this Section shall be construed to | ||||||
18 | authorize the
expenditure of public funds for the purpose of | ||||||
19 | performing abortions.
| ||||||
20 | (c) The Department shall establish and maintain | ||||||
21 | tax-supported child
welfare services and extend and seek to | ||||||
22 | improve voluntary services
throughout the State, to the end | ||||||
23 | that services and care shall be available
on an equal basis | ||||||
24 | throughout the State to children requiring such services.
| ||||||
25 | (d) The Director may authorize advance disbursements for | ||||||
26 | any new program
initiative to any agency contracting with the |
| |||||||
| |||||||
1 | Department. As a
prerequisite for an advance disbursement, the | ||||||
2 | contractor must post a
surety bond in the amount of the advance | ||||||
3 | disbursement and have a
purchase of service contract approved | ||||||
4 | by the Department. The Department
may pay up to 2 months | ||||||
5 | operational expenses in advance. The amount of the
advance | ||||||
6 | disbursement shall be prorated over the life of the contract
or | ||||||
7 | the remaining months of the fiscal year, whichever is less, and | ||||||
8 | the
installment amount shall then be deducted from future | ||||||
9 | bills. Advance
disbursement authorizations for new initiatives | ||||||
10 | shall not be made to any
agency after that agency has operated | ||||||
11 | during 2 consecutive fiscal years.
The requirements of this | ||||||
12 | Section concerning advance disbursements shall
not apply with | ||||||
13 | respect to the following: payments to local public agencies
for | ||||||
14 | child day care services as authorized by Section 5a of this | ||||||
15 | Act; and
youth service programs receiving grant funds under | ||||||
16 | Section 17a-4.
| ||||||
17 | (e) (Blank).
| ||||||
18 | (f) (Blank).
| ||||||
19 | (g) The Department shall establish rules and regulations | ||||||
20 | concerning
its operation of programs designed to meet the goals | ||||||
21 | of child safety and
protection,
family preservation, family | ||||||
22 | reunification, and adoption, including but not
limited to:
| ||||||
23 | (1) adoption;
| ||||||
24 | (2) foster care;
| ||||||
25 | (3) family counseling;
| ||||||
26 | (4) protective services;
|
| |||||||
| |||||||
1 | (5) (blank);
| ||||||
2 | (6) homemaker service;
| ||||||
3 | (7) return of runaway children;
| ||||||
4 | (8) (blank);
| ||||||
5 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
6 | Act or
Section 2-27, 3-28, 4-25 , or 5-740 of the Juvenile | ||||||
7 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
8 | Assistance and Child Welfare Act of
1980; and
| ||||||
9 | (10) interstate services.
| ||||||
10 | Rules and regulations established by the Department shall | ||||||
11 | include
provisions for training Department staff and the staff | ||||||
12 | of Department
grantees, through contracts with other agencies | ||||||
13 | or resources, in screening techniques to identify substance use | ||||||
14 | disorders, as defined in the Substance Use Disorder Act, | ||||||
15 | approved by the Department of Human
Services, as a successor to | ||||||
16 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
17 | purpose of identifying children and adults who
should be | ||||||
18 | referred for an assessment at an organization appropriately | ||||||
19 | licensed by the Department of Human Services for substance use | ||||||
20 | disorder treatment.
| ||||||
21 | (h) If the Department finds that there is no appropriate | ||||||
22 | program or
facility within or available to the Department for a | ||||||
23 | youth in care and that no
licensed private facility has an | ||||||
24 | adequate and appropriate program or none
agrees to accept the | ||||||
25 | youth in care, the Department shall create an appropriate
| ||||||
26 | individualized, program-oriented plan for such youth in care. |
| |||||||
| |||||||
1 | The
plan may be developed within the Department or through | ||||||
2 | purchase of services
by the Department to the extent that it is | ||||||
3 | within its statutory authority
to do.
| ||||||
4 | (i) Service programs shall be available throughout the | ||||||
5 | State and shall
include but not be limited to the following | ||||||
6 | services:
| ||||||
7 | (1) case management;
| ||||||
8 | (2) homemakers;
| ||||||
9 | (3) counseling;
| ||||||
10 | (4) parent education;
| ||||||
11 | (5) day care; and
| ||||||
12 | (6) emergency assistance and advocacy.
| ||||||
13 | In addition, the following services may be made available | ||||||
14 | to assess and
meet the needs of children and families:
| ||||||
15 | (1) comprehensive family-based services;
| ||||||
16 | (2) assessments;
| ||||||
17 | (3) respite care; and
| ||||||
18 | (4) in-home health services.
| ||||||
19 | The Department shall provide transportation for any of the | ||||||
20 | services it
makes available to children or families or for | ||||||
21 | which it refers children
or families.
| ||||||
22 | (j) The Department may provide categories of financial | ||||||
23 | assistance and
education assistance grants, and shall
| ||||||
24 | establish rules and regulations concerning the assistance and | ||||||
25 | grants, to
persons who
adopt children with physical or mental | ||||||
26 | disabilities, children who are older, or other hard-to-place
|
| |||||||
| |||||||
1 | children who (i) immediately prior to their adoption were youth | ||||||
2 | in care or (ii) were determined eligible for financial | ||||||
3 | assistance with respect to a
prior adoption and who become | ||||||
4 | available for adoption because the
prior adoption has been | ||||||
5 | dissolved and the parental rights of the adoptive
parents have | ||||||
6 | been
terminated or because the child's adoptive parents have | ||||||
7 | died.
The Department may continue to provide financial | ||||||
8 | assistance and education assistance grants for a child who was | ||||||
9 | determined eligible for financial assistance under this | ||||||
10 | subsection (j) in the interim period beginning when the child's | ||||||
11 | adoptive parents died and ending with the finalization of the | ||||||
12 | new adoption of the child by another adoptive parent or | ||||||
13 | parents. The Department may also provide categories of | ||||||
14 | financial
assistance and education assistance grants, and
| ||||||
15 | shall establish rules and regulations for the assistance and | ||||||
16 | grants, to persons
appointed guardian of the person under | ||||||
17 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
18 | 4-25 , or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
19 | who were youth in care for 12 months immediately
prior to the | ||||||
20 | appointment of the guardian.
| ||||||
21 | The amount of assistance may vary, depending upon the needs | ||||||
22 | of the child
and the adoptive parents,
as set forth in the | ||||||
23 | annual
assistance agreement. Special purpose grants are | ||||||
24 | allowed where the child
requires special service but such costs | ||||||
25 | may not exceed the amounts
which similar services would cost | ||||||
26 | the Department if it were to provide or
secure them as guardian |
| |||||||
| |||||||
1 | of the child.
| ||||||
2 | Any financial assistance provided under this subsection is
| ||||||
3 | inalienable by assignment, sale, execution, attachment, | ||||||
4 | garnishment, or any
other remedy for recovery or collection of | ||||||
5 | a judgment or debt.
| ||||||
6 | (j-5) The Department shall not deny or delay the placement | ||||||
7 | of a child for
adoption
if an approved family is available | ||||||
8 | either outside of the Department region
handling the case,
or | ||||||
9 | outside of the State of Illinois.
| ||||||
10 | (k) The Department shall accept for care and training any | ||||||
11 | child who has
been adjudicated neglected or abused, or | ||||||
12 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
13 | the Juvenile Court Act of 1987.
| ||||||
14 | (l) The Department shall
offer family preservation | ||||||
15 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
16 | Child
Reporting Act, to help families, including adoptive and | ||||||
17 | extended families.
Family preservation
services shall be | ||||||
18 | offered (i) to prevent the
placement
of children in
substitute | ||||||
19 | care when the children can be cared for at home or in the | ||||||
20 | custody of
the person
responsible for the children's welfare,
| ||||||
21 | (ii) to
reunite children with their families, or (iii) to
| ||||||
22 | maintain an adoptive placement. Family preservation services | ||||||
23 | shall only be
offered when doing so will not endanger the | ||||||
24 | children's health or safety. With
respect to children who are | ||||||
25 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
26 | family preservation services shall not be offered if a goal |
| |||||||
| |||||||
1 | other
than those of subdivisions (A), (B), or (B-1) of | ||||||
2 | subsection (2) of Section 2-28
of
that Act has been set, except | ||||||
3 | that reunification services may be offered as provided in | ||||||
4 | paragraph (F) of subsection (2) of Section 2-28 of that Act.
| ||||||
5 | Nothing in this paragraph shall be construed to create a | ||||||
6 | private right of
action or claim on the part of any individual | ||||||
7 | or child welfare agency, except that when a child is the | ||||||
8 | subject of an action under Article II of the Juvenile Court Act | ||||||
9 | of 1987 and the child's service plan calls for services to | ||||||
10 | facilitate achievement of the permanency goal, the court | ||||||
11 | hearing the action under Article II of the Juvenile Court Act | ||||||
12 | of 1987 may order the Department to provide the services set | ||||||
13 | out in the plan, if those services are not provided with | ||||||
14 | reasonable promptness and if those services are available.
| ||||||
15 | The Department shall notify the child and his family of the
| ||||||
16 | Department's
responsibility to offer and provide family | ||||||
17 | preservation services as
identified in the service plan. The | ||||||
18 | child and his family shall be eligible
for services as soon as | ||||||
19 | the report is determined to be "indicated". The
Department may | ||||||
20 | offer services to any child or family with respect to whom a
| ||||||
21 | report of suspected child abuse or neglect has been filed, | ||||||
22 | prior to
concluding its investigation under Section 7.12 of the | ||||||
23 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
24 | or family's willingness to
accept services shall not be | ||||||
25 | considered in the investigation. The
Department may also | ||||||
26 | provide services to any child or family who is the
subject of |
| |||||||
| |||||||
1 | any report of suspected child abuse or neglect or may refer | ||||||
2 | such
child or family to services available from other agencies | ||||||
3 | in the community,
even if the report is determined to be | ||||||
4 | unfounded, if the conditions in the
child's or family's home | ||||||
5 | are reasonably likely to subject the child or
family to future | ||||||
6 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
7 | services shall be voluntary. The Department may also provide | ||||||
8 | services to any child or family after completion of a family | ||||||
9 | assessment, as an alternative to an investigation, as provided | ||||||
10 | under the "differential response program" provided for in | ||||||
11 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
12 | Child Reporting Act.
| ||||||
13 | The Department may, at its discretion except for those | ||||||
14 | children also
adjudicated neglected or dependent, accept for | ||||||
15 | care and training any child
who has been adjudicated addicted, | ||||||
16 | as a truant minor in need of
supervision or as a minor | ||||||
17 | requiring authoritative intervention, under the
Juvenile Court | ||||||
18 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
19 | be committed to the Department by any court without the | ||||||
20 | approval of
the Department. On and after January 1, 2015 (the | ||||||
21 | effective date of Public Act 98-803) and before January 1, | ||||||
22 | 2017, a minor charged with a criminal offense under the | ||||||
23 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
24 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
25 | committed to the Department by any court, except (i) a minor | ||||||
26 | less than 16 years
of age committed to the Department under |
| |||||||
| |||||||
1 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
2 | for whom an independent basis of abuse, neglect, or dependency | ||||||
3 | exists, which must be defined by departmental rule, or (iii) a | ||||||
4 | minor for whom the court has granted a supplemental petition to | ||||||
5 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
6 | of the Juvenile Court Act of 1987. On and after January 1, | ||||||
7 | 2017, a minor charged with a criminal offense under the | ||||||
8 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
9 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
10 | committed to the Department by any court, except (i) a minor | ||||||
11 | less than 15 years
of age committed to the Department under | ||||||
12 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
13 | for whom an independent basis of abuse, neglect, or dependency | ||||||
14 | exists, which must be defined by departmental rule, or (iii) a | ||||||
15 | minor for whom the court has granted a supplemental petition to | ||||||
16 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
17 | of the Juvenile Court Act of 1987. An independent basis exists | ||||||
18 | when the allegations or adjudication of abuse, neglect, or | ||||||
19 | dependency do not arise from the same facts, incident, or | ||||||
20 | circumstances which give rise to a charge or adjudication of | ||||||
21 | delinquency. The Department shall
assign a caseworker to attend | ||||||
22 | any hearing involving a youth in
the care and custody of the | ||||||
23 | Department who is placed on aftercare release, including | ||||||
24 | hearings
involving sanctions for violation of aftercare | ||||||
25 | release
conditions and aftercare release revocation hearings.
| ||||||
26 | As soon as is possible after August 7, 2009 (the effective |
| |||||||
| |||||||
1 | date of Public Act 96-134), the Department shall develop and | ||||||
2 | implement a special program of family preservation services to | ||||||
3 | support intact, foster, and adoptive families who are | ||||||
4 | experiencing extreme hardships due to the difficulty and stress | ||||||
5 | of caring for a child who has been diagnosed with a pervasive | ||||||
6 | developmental disorder if the Department determines that those | ||||||
7 | services are necessary to ensure the health and safety of the | ||||||
8 | child. The Department may offer services to any family whether | ||||||
9 | or not a report has been filed under the Abused and Neglected | ||||||
10 | Child Reporting Act. The Department may refer the child or | ||||||
11 | family to services available from other agencies in the | ||||||
12 | community if the conditions in the child's or family's home are | ||||||
13 | reasonably likely to subject the child or family to future | ||||||
14 | reports of suspected child abuse or neglect. Acceptance of | ||||||
15 | these services shall be voluntary. The Department shall develop | ||||||
16 | and implement a public information campaign to alert health and | ||||||
17 | social service providers and the general public about these | ||||||
18 | special family preservation services. The nature and scope of | ||||||
19 | the services offered and the number of families served under | ||||||
20 | the special program implemented under this paragraph shall be | ||||||
21 | determined by the level of funding that the Department annually | ||||||
22 | allocates for this purpose. The term "pervasive developmental | ||||||
23 | disorder" under this paragraph means a neurological condition, | ||||||
24 | including but not limited to, Asperger's Syndrome and autism, | ||||||
25 | as defined in the most recent edition of the Diagnostic and | ||||||
26 | Statistical Manual of Mental Disorders of the American |
| |||||||
| |||||||
1 | Psychiatric Association. | ||||||
2 | (l-1) The legislature recognizes that the best interests of | ||||||
3 | the child
require that
the child be placed in the most | ||||||
4 | permanent living arrangement as soon as is
practically
| ||||||
5 | possible. To achieve this goal, the legislature directs the | ||||||
6 | Department of
Children and
Family Services to conduct | ||||||
7 | concurrent planning so that permanency may occur at
the
| ||||||
8 | earliest opportunity. Permanent living arrangements may | ||||||
9 | include prevention of
placement of a child outside the home of | ||||||
10 | the family when the child can be cared
for at
home without | ||||||
11 | endangering the child's health or safety; reunification with | ||||||
12 | the
family,
when safe and appropriate, if temporary placement | ||||||
13 | is necessary; or movement of
the child
toward the most | ||||||
14 | permanent living arrangement and permanent legal status.
| ||||||
15 | When determining reasonable efforts to be made with respect | ||||||
16 | to a child, as
described in this
subsection, and in making such | ||||||
17 | reasonable efforts, the child's health and
safety shall be the
| ||||||
18 | paramount concern.
| ||||||
19 | When a child is placed in foster care, the Department shall | ||||||
20 | ensure and
document that reasonable efforts were made to | ||||||
21 | prevent or eliminate the need to
remove the child from the | ||||||
22 | child's home. The Department must make
reasonable efforts to | ||||||
23 | reunify the family when temporary placement of the child
occurs
| ||||||
24 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
25 | of 1987.
At any time after the dispositional hearing where the | ||||||
26 | Department believes
that further reunification services would |
| |||||||
| |||||||
1 | be ineffective, it may request a
finding from the court that | ||||||
2 | reasonable efforts are no longer appropriate. The
Department is | ||||||
3 | not required to provide further reunification services after | ||||||
4 | such
a
finding.
| ||||||
5 | A decision to place a child in substitute care shall be | ||||||
6 | made with
considerations of the child's health, safety, and | ||||||
7 | best interests. At the
time of placement, consideration should | ||||||
8 | also be given so that if reunification
fails or is delayed, the | ||||||
9 | placement made is the best available placement to
provide | ||||||
10 | permanency for the child.
| ||||||
11 | The Department shall adopt rules addressing concurrent | ||||||
12 | planning for
reunification and permanency. The Department | ||||||
13 | shall consider the following
factors when determining | ||||||
14 | appropriateness of concurrent planning:
| ||||||
15 | (1) the likelihood of prompt reunification;
| ||||||
16 | (2) the past history of the family;
| ||||||
17 | (3) the barriers to reunification being addressed by | ||||||
18 | the family;
| ||||||
19 | (4) the level of cooperation of the family;
| ||||||
20 | (5) the foster parents' willingness to work with the | ||||||
21 | family to reunite;
| ||||||
22 | (6) the willingness and ability of the foster family to | ||||||
23 | provide an
adoptive
home or long-term placement;
| ||||||
24 | (7) the age of the child;
| ||||||
25 | (8) placement of siblings.
| ||||||
26 | (m) The Department may assume temporary custody of any |
| |||||||
| |||||||
1 | child if:
| ||||||
2 | (1) it has received a written consent to such temporary | ||||||
3 | custody
signed by the parents of the child or by the parent | ||||||
4 | having custody of the
child if the parents are not living | ||||||
5 | together or by the guardian or
custodian of the child if | ||||||
6 | the child is not in the custody of either
parent, or
| ||||||
7 | (2) the child is found in the State and neither a | ||||||
8 | parent,
guardian nor custodian of the child can be located.
| ||||||
9 | If the child is found in his or her residence without a parent, | ||||||
10 | guardian,
custodian or responsible caretaker, the Department | ||||||
11 | may, instead of removing
the child and assuming temporary | ||||||
12 | custody, place an authorized
representative of the Department | ||||||
13 | in that residence until such time as a
parent, guardian or | ||||||
14 | custodian enters the home and expresses a willingness
and | ||||||
15 | apparent ability to ensure the child's health and safety and | ||||||
16 | resume
permanent
charge of the child, or until a
relative | ||||||
17 | enters the home and is willing and able to ensure the child's | ||||||
18 | health
and
safety and assume charge of the
child until a | ||||||
19 | parent, guardian or custodian enters the home and expresses
| ||||||
20 | such willingness and ability to ensure the child's safety and | ||||||
21 | resume
permanent charge. After a caretaker has remained in the | ||||||
22 | home for a period not
to exceed 12 hours, the Department must | ||||||
23 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
24 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
25 | The Department shall have the authority, responsibilities | ||||||
26 | and duties that
a legal custodian of the child would have |
| |||||||
| |||||||
1 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
2 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
3 | pursuant to an investigation under the Abused and
Neglected | ||||||
4 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
5 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
6 | custody, the
Department, during the period of temporary custody | ||||||
7 | and before the child
is brought before a judicial officer as | ||||||
8 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
9 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
10 | and duties that a legal custodian of the child
would have under | ||||||
11 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
12 | 1987.
| ||||||
13 | The Department shall ensure that any child taken into | ||||||
14 | custody
is scheduled for an appointment for a medical | ||||||
15 | examination.
| ||||||
16 | A parent, guardian or custodian of a child in the temporary | ||||||
17 | custody of the
Department who would have custody of the child | ||||||
18 | if he were not in the
temporary custody of the Department may | ||||||
19 | deliver to the Department a signed
request that the Department | ||||||
20 | surrender the temporary custody of the child.
The Department | ||||||
21 | may retain temporary custody of the child for 10 days after
the | ||||||
22 | receipt of the request, during which period the Department may | ||||||
23 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
24 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
25 | temporary custody of the
child until the court orders | ||||||
26 | otherwise. If a petition is not filed within
the 10-day period, |
| |||||||
| |||||||
1 | the child shall be surrendered to the custody of the
requesting | ||||||
2 | parent, guardian or custodian not later than the expiration of
| ||||||
3 | the 10-day period, at which time the authority and duties of | ||||||
4 | the Department
with respect to the temporary custody of the | ||||||
5 | child shall terminate.
| ||||||
6 | (m-1) The Department may place children under 18 years of | ||||||
7 | age in a secure
child care facility licensed by the Department | ||||||
8 | that cares for children who are
in need of secure living | ||||||
9 | arrangements for their health, safety, and well-being
after a | ||||||
10 | determination is made by the facility director and the Director | ||||||
11 | or the
Director's designate prior to admission to the facility | ||||||
12 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
13 | This subsection (m-1) does not apply
to a child who is subject | ||||||
14 | to placement in a correctional facility operated
pursuant to | ||||||
15 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
16 | child is a youth in care who was placed in the care of the | ||||||
17 | Department before being
subject to placement in a correctional | ||||||
18 | facility and a court of competent
jurisdiction has ordered | ||||||
19 | placement of the child in a secure care facility.
| ||||||
20 | (n) The Department may place children under 18 years of age | ||||||
21 | in
licensed child care facilities when in the opinion of the | ||||||
22 | Department,
appropriate services aimed at family preservation | ||||||
23 | have been unsuccessful and
cannot ensure the child's health and | ||||||
24 | safety or are unavailable and such
placement would be for their | ||||||
25 | best interest. Payment
for board, clothing, care, training and | ||||||
26 | supervision of any child placed in
a licensed child care |
| |||||||
| |||||||
1 | facility may be made by the Department, by the
parents or | ||||||
2 | guardians of the estates of those children, or by both the
| ||||||
3 | Department and the parents or guardians, except that no | ||||||
4 | payments shall be
made by the Department for any child placed | ||||||
5 | in a licensed child care
facility for board, clothing, care, | ||||||
6 | training and supervision of such a
child that exceed the | ||||||
7 | average per capita cost of maintaining and of caring
for a | ||||||
8 | child in institutions for dependent or neglected children | ||||||
9 | operated by
the Department. However, such restriction on | ||||||
10 | payments does not apply in
cases where children require | ||||||
11 | specialized care and treatment for problems of
severe emotional | ||||||
12 | disturbance, physical disability, social adjustment, or
any | ||||||
13 | combination thereof and suitable facilities for the placement | ||||||
14 | of such
children are not available at payment rates within the | ||||||
15 | limitations set
forth in this Section. All reimbursements for | ||||||
16 | services delivered shall be
absolutely inalienable by | ||||||
17 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
18 | (n-1) The Department shall provide or authorize child | ||||||
19 | welfare services, aimed at assisting minors to achieve | ||||||
20 | sustainable self-sufficiency as independent adults, for any | ||||||
21 | minor eligible for the reinstatement of wardship pursuant to | ||||||
22 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
23 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
24 | provided that the minor consents to such services and has not | ||||||
25 | yet attained the age of 21. The Department shall have | ||||||
26 | responsibility for the development and delivery of services |
| |||||||
| |||||||
1 | under this Section. An eligible youth may access services under | ||||||
2 | this Section through the Department of Children and Family | ||||||
3 | Services or by referral from the Department of Human Services. | ||||||
4 | Youth participating in services under this Section shall | ||||||
5 | cooperate with the assigned case manager in developing an | ||||||
6 | agreement identifying the services to be provided and how the | ||||||
7 | youth will increase skills to achieve self-sufficiency. A | ||||||
8 | homeless shelter is not considered appropriate housing for any | ||||||
9 | youth receiving child welfare services under this Section. The | ||||||
10 | Department shall continue child welfare services under this | ||||||
11 | Section to any eligible minor until the minor becomes 21 years | ||||||
12 | of age, no longer consents to participate, or achieves | ||||||
13 | self-sufficiency as identified in the minor's service plan. The | ||||||
14 | Department of Children and Family Services shall create clear, | ||||||
15 | readable notice of the rights of former foster youth to child | ||||||
16 | welfare services under this Section and how such services may | ||||||
17 | be obtained. The Department of Children and Family Services and | ||||||
18 | the Department of Human Services shall disseminate this | ||||||
19 | information statewide. The Department shall adopt regulations | ||||||
20 | describing services intended to assist minors in achieving | ||||||
21 | sustainable self-sufficiency as independent adults. | ||||||
22 | (o) The Department shall establish an administrative | ||||||
23 | review and appeal
process for children and families who request | ||||||
24 | or receive child welfare
services from the Department. Youth in | ||||||
25 | care who are placed by private child welfare agencies, and | ||||||
26 | foster families with whom
those youth are placed, shall be |
| |||||||
| |||||||
1 | afforded the same procedural and appeal
rights as children and | ||||||
2 | families in the case of placement by the Department,
including | ||||||
3 | the right to an initial review of a private agency decision by
| ||||||
4 | that agency. The Department shall ensure that any private child | ||||||
5 | welfare
agency, which accepts youth in care for placement, | ||||||
6 | affords those
rights to children and foster families. The | ||||||
7 | Department shall accept for
administrative review and an appeal | ||||||
8 | hearing a complaint made by (i) a child
or foster family | ||||||
9 | concerning a decision following an initial review by a
private | ||||||
10 | child welfare agency or (ii) a prospective adoptive parent who | ||||||
11 | alleges
a violation of subsection (j-5) of this Section. An | ||||||
12 | appeal of a decision
concerning a change in the placement of a | ||||||
13 | child shall be conducted in an
expedited manner. A court | ||||||
14 | determination that a current foster home placement is necessary | ||||||
15 | and appropriate under Section 2-28 of the Juvenile Court Act of | ||||||
16 | 1987 does not constitute a judicial determination on the merits | ||||||
17 | of an administrative appeal, filed by a former foster parent, | ||||||
18 | involving a change of placement decision.
| ||||||
19 | (p) (Blank).
| ||||||
20 | (q) The Department may receive and use, in their entirety, | ||||||
21 | for the
benefit of children any gift, donation or bequest of | ||||||
22 | money or other
property which is received on behalf of such | ||||||
23 | children, or any financial
benefits to which such children are | ||||||
24 | or may become entitled while under
the jurisdiction or care of | ||||||
25 | the Department.
| ||||||
26 | The Department shall set up and administer no-cost, |
| |||||||
| |||||||
1 | interest-bearing accounts in appropriate financial | ||||||
2 | institutions
for children for whom the Department is legally | ||||||
3 | responsible and who have been
determined eligible for Veterans' | ||||||
4 | Benefits, Social Security benefits,
assistance allotments from | ||||||
5 | the armed forces, court ordered payments, parental
voluntary | ||||||
6 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
7 | payments, Black Lung benefits, or other miscellaneous | ||||||
8 | payments. Interest
earned by each account shall be credited to | ||||||
9 | the account, unless
disbursed in accordance with this | ||||||
10 | subsection.
| ||||||
11 | In disbursing funds from children's accounts, the | ||||||
12 | Department
shall:
| ||||||
13 | (1) Establish standards in accordance with State and | ||||||
14 | federal laws for
disbursing money from children's | ||||||
15 | accounts. In all
circumstances,
the Department's | ||||||
16 | "Guardianship Administrator" or his or her designee must
| ||||||
17 | approve disbursements from children's accounts. The | ||||||
18 | Department
shall be responsible for keeping complete | ||||||
19 | records of all disbursements for each account for any | ||||||
20 | purpose.
| ||||||
21 | (2) Calculate on a monthly basis the amounts paid from | ||||||
22 | State funds for the
child's board and care, medical care | ||||||
23 | not covered under Medicaid, and social
services; and | ||||||
24 | utilize funds from the child's account, as
covered by | ||||||
25 | regulation, to reimburse those costs. Monthly, | ||||||
26 | disbursements from
all children's accounts, up to 1/12 of |
| |||||||
| |||||||
1 | $13,000,000, shall be
deposited by the Department into the | ||||||
2 | General Revenue Fund and the balance over
1/12 of | ||||||
3 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
4 | (3) Maintain any balance remaining after reimbursing | ||||||
5 | for the child's costs
of care, as specified in item (2). | ||||||
6 | The balance shall accumulate in accordance
with relevant | ||||||
7 | State and federal laws and shall be disbursed to the child | ||||||
8 | or his
or her guardian, or to the issuing agency.
| ||||||
9 | (r) The Department shall promulgate regulations | ||||||
10 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
11 | Department or its agent names and
addresses of all persons who | ||||||
12 | have applied for and have been approved for
adoption of a | ||||||
13 | hard-to-place child or child with a disability and the names of | ||||||
14 | such
children who have not been placed for adoption. A list of | ||||||
15 | such names and
addresses shall be maintained by the Department | ||||||
16 | or its agent, and coded
lists which maintain the | ||||||
17 | confidentiality of the person seeking to adopt the
child and of | ||||||
18 | the child shall be made available, without charge, to every
| ||||||
19 | adoption agency in the State to assist the agencies in placing | ||||||
20 | such
children for adoption. The Department may delegate to an | ||||||
21 | agent its duty to
maintain and make available such lists. The | ||||||
22 | Department shall ensure that
such agent maintains the | ||||||
23 | confidentiality of the person seeking to adopt the
child and of | ||||||
24 | the child.
| ||||||
25 | (s) The Department of Children and Family Services may | ||||||
26 | establish and
implement a program to reimburse Department and |
| |||||||
| |||||||
1 | private child welfare
agency foster parents licensed by the | ||||||
2 | Department of Children and Family
Services for damages | ||||||
3 | sustained by the foster parents as a result of the
malicious or | ||||||
4 | negligent acts of foster children, as well as providing third
| ||||||
5 | party coverage for such foster parents with regard to actions | ||||||
6 | of foster
children to other individuals. Such coverage will be | ||||||
7 | secondary to the
foster parent liability insurance policy, if | ||||||
8 | applicable. The program shall
be funded through appropriations | ||||||
9 | from the General Revenue Fund,
specifically designated for such | ||||||
10 | purposes.
| ||||||
11 | (t) The Department shall perform home studies and | ||||||
12 | investigations and
shall exercise supervision over visitation | ||||||
13 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
14 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
15 | (1) an order entered by an Illinois court specifically
| ||||||
16 | directs the Department to perform such services; and
| ||||||
17 | (2) the court has ordered one or both of the parties to
| ||||||
18 | the proceeding to reimburse the Department for its | ||||||
19 | reasonable costs for
providing such services in accordance | ||||||
20 | with Department rules, or has
determined that neither party | ||||||
21 | is financially able to pay.
| ||||||
22 | The Department shall provide written notification to the | ||||||
23 | court of the
specific arrangements for supervised visitation | ||||||
24 | and projected monthly costs
within 60 days of the court order. | ||||||
25 | The Department shall send to the court
information related to | ||||||
26 | the costs incurred except in cases where the court
has |
| |||||||
| |||||||
1 | determined the parties are financially unable to pay. The court | ||||||
2 | may
order additional periodic reports as appropriate.
| ||||||
3 | (u) In addition to other information that must be provided, | ||||||
4 | whenever the Department places a child with a prospective | ||||||
5 | adoptive parent or parents or in a licensed foster home,
group | ||||||
6 | home, child care institution, or in a relative home, the | ||||||
7 | Department
shall provide to the prospective adoptive parent or | ||||||
8 | parents or other caretaker:
| ||||||
9 | (1) available detailed information concerning the | ||||||
10 | child's educational
and health history, copies of | ||||||
11 | immunization records (including insurance
and medical card | ||||||
12 | information), a history of the child's previous | ||||||
13 | placements,
if any, and reasons for placement changes | ||||||
14 | excluding any information that
identifies or reveals the | ||||||
15 | location of any previous caretaker;
| ||||||
16 | (2) a copy of the child's portion of the client service | ||||||
17 | plan, including
any visitation arrangement, and all | ||||||
18 | amendments or revisions to it as
related to the child; and
| ||||||
19 | (3) information containing details of the child's | ||||||
20 | individualized
educational plan when the child is | ||||||
21 | receiving special education services.
| ||||||
22 | The caretaker shall be informed of any known social or | ||||||
23 | behavioral
information (including, but not limited to, | ||||||
24 | criminal background, fire
setting, perpetuation of
sexual | ||||||
25 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
26 | care
for and safeguard the children to be placed or currently |
| |||||||
| |||||||
1 | in the home. The Department may prepare a written summary of | ||||||
2 | the information required by this paragraph, which may be | ||||||
3 | provided to the foster or prospective adoptive parent in | ||||||
4 | advance of a placement. The foster or prospective adoptive | ||||||
5 | parent may review the supporting documents in the child's file | ||||||
6 | in the presence of casework staff. In the case of an emergency | ||||||
7 | placement, casework staff shall at least provide known | ||||||
8 | information verbally, if necessary, and must subsequently | ||||||
9 | provide the information in writing as required by this | ||||||
10 | subsection.
| ||||||
11 | The information described in this subsection shall be | ||||||
12 | provided in writing. In the case of emergency placements when | ||||||
13 | time does not allow prior review, preparation, and collection | ||||||
14 | of written information, the Department shall provide such | ||||||
15 | information as it becomes available. Within 10 business days | ||||||
16 | after placement, the Department shall obtain from the | ||||||
17 | prospective adoptive parent or parents or other caretaker a | ||||||
18 | signed verification of receipt of the information provided. | ||||||
19 | Within 10 business days after placement, the Department shall | ||||||
20 | provide to the child's guardian ad litem a copy of the | ||||||
21 | information provided to the prospective adoptive parent or | ||||||
22 | parents or other caretaker. The information provided to the | ||||||
23 | prospective adoptive parent or parents or other caretaker shall | ||||||
24 | be reviewed and approved regarding accuracy at the supervisory | ||||||
25 | level.
| ||||||
26 | (u-5) Effective July 1, 1995, only foster care placements |
| |||||||
| |||||||
1 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
2 | of 1969 shall be eligible to
receive foster care payments from | ||||||
3 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
4 | were approved pursuant to approved
relative placement rules | ||||||
5 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
6 | 335 and had submitted an application for licensure as a foster | ||||||
7 | family
home may continue to receive foster care payments only | ||||||
8 | until the Department
determines that they may be licensed as a | ||||||
9 | foster family home or that their
application for licensure is | ||||||
10 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
11 | (v) The Department shall access criminal history record | ||||||
12 | information
as defined in the Illinois Uniform Conviction | ||||||
13 | Information Act and information
maintained in the adjudicatory | ||||||
14 | and dispositional record system as defined in
Section 2605-355 | ||||||
15 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
16 | if the Department determines the information is necessary to | ||||||
17 | perform its duties
under the Abused and Neglected Child | ||||||
18 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
19 | Family Services Act. The Department shall provide for
| ||||||
20 | interactive computerized communication and processing | ||||||
21 | equipment that permits
direct on-line communication with the | ||||||
22 | Department of State Police's central
criminal history data | ||||||
23 | repository. The Department shall comply with all
certification | ||||||
24 | requirements and provide certified operators who have been
| ||||||
25 | trained by personnel from the Department of State Police. In | ||||||
26 | addition, one
Office of the Inspector General investigator |
| |||||||
| |||||||
1 | shall have training in the use of
the criminal history | ||||||
2 | information access system and have
access to the terminal. The | ||||||
3 | Department of Children and Family Services and its
employees | ||||||
4 | shall abide by rules and regulations established by the | ||||||
5 | Department of
State Police relating to the access and | ||||||
6 | dissemination of
this information.
| ||||||
7 | (v-1) Prior to final approval for placement of a child, the | ||||||
8 | Department shall conduct a criminal records background check of | ||||||
9 | the prospective foster or adoptive parent, including | ||||||
10 | fingerprint-based checks of national crime information | ||||||
11 | databases. Final approval for placement shall not be granted if | ||||||
12 | the record check reveals a felony conviction for child abuse or | ||||||
13 | neglect, for spousal abuse, for a crime against children, or | ||||||
14 | for a crime involving violence, including rape, sexual assault, | ||||||
15 | or homicide, but not including other physical assault or | ||||||
16 | battery, or if there is a felony conviction for physical | ||||||
17 | assault, battery, or a drug-related offense committed within | ||||||
18 | the past 5 years. | ||||||
19 | (v-2) Prior to final approval for placement of a child, the | ||||||
20 | Department shall check its child abuse and neglect registry for | ||||||
21 | information concerning prospective foster and adoptive | ||||||
22 | parents, and any adult living in the home. If any prospective | ||||||
23 | foster or adoptive parent or other adult living in the home has | ||||||
24 | resided in another state in the preceding 5 years, the | ||||||
25 | Department shall request a check of that other state's child | ||||||
26 | abuse and neglect registry.
|
| |||||||
| |||||||
1 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
2 | of Public Act
89-392), the Department shall prepare and submit | ||||||
3 | to the Governor and the
General Assembly, a written plan for | ||||||
4 | the development of in-state licensed
secure child care | ||||||
5 | facilities that care for children who are in need of secure
| ||||||
6 | living
arrangements for their health, safety, and well-being. | ||||||
7 | For purposes of this
subsection, secure care facility shall | ||||||
8 | mean a facility that is designed and
operated to ensure that | ||||||
9 | all entrances and exits from the facility, a building
or a | ||||||
10 | distinct part of the building, are under the exclusive control | ||||||
11 | of the
staff of the facility, whether or not the child has the | ||||||
12 | freedom of movement
within the perimeter of the facility, | ||||||
13 | building, or distinct part of the
building. The plan shall | ||||||
14 | include descriptions of the types of facilities that
are needed | ||||||
15 | in Illinois; the cost of developing these secure care | ||||||
16 | facilities;
the estimated number of placements; the potential | ||||||
17 | cost savings resulting from
the movement of children currently | ||||||
18 | out-of-state who are projected to be
returned to Illinois; the | ||||||
19 | necessary geographic distribution of these
facilities in | ||||||
20 | Illinois; and a proposed timetable for development of such
| ||||||
21 | facilities. | ||||||
22 | (x) The Department shall conduct annual credit history | ||||||
23 | checks to determine the financial history of children placed | ||||||
24 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
25 | 1987. The Department shall conduct such credit checks starting | ||||||
26 | when a youth in care turns 12 years old and each year |
| |||||||
| |||||||
1 | thereafter for the duration of the guardianship as terminated | ||||||
2 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
3 | shall determine if financial exploitation of the child's | ||||||
4 | personal information has occurred. If financial exploitation | ||||||
5 | appears to have taken place or is presently ongoing, the | ||||||
6 | Department shall notify the proper law enforcement agency, the | ||||||
7 | proper State's Attorney, or the Attorney General. | ||||||
8 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
9 | Public Act 96-1189), a child with a disability who receives | ||||||
10 | residential and educational services from the Department shall | ||||||
11 | be eligible to receive transition services in accordance with | ||||||
12 | Article 14 of the School Code from the age of 14.5 through age | ||||||
13 | 21, inclusive, notwithstanding the child's residential | ||||||
14 | services arrangement. For purposes of this subsection, "child | ||||||
15 | with a disability" means a child with a disability as defined | ||||||
16 | by the federal Individuals with Disabilities Education | ||||||
17 | Improvement Act of 2004. | ||||||
18 | (z) The Department shall access criminal history record | ||||||
19 | information as defined as "background information" in this | ||||||
20 | subsection and criminal history record information as defined | ||||||
21 | in the Illinois Uniform Conviction Information Act for each | ||||||
22 | Department employee or Department applicant. Each Department | ||||||
23 | employee or Department applicant shall submit his or her | ||||||
24 | fingerprints to the Department of State Police in the form and | ||||||
25 | manner prescribed by the Department of State Police. These | ||||||
26 | fingerprints shall be checked against the fingerprint records |
| |||||||
| |||||||
1 | now and hereafter filed in the Department of State Police and | ||||||
2 | the Federal Bureau of Investigation criminal history records | ||||||
3 | databases. The Department of State Police shall charge a fee | ||||||
4 | for conducting the criminal history record check, which shall | ||||||
5 | be deposited into the State Police Services Fund and shall not | ||||||
6 | exceed the actual cost of the record check. The Department of | ||||||
7 | State Police shall furnish, pursuant to positive | ||||||
8 | identification, all Illinois conviction information to the | ||||||
9 | Department of Children and Family Services. | ||||||
10 | For purposes of this subsection: | ||||||
11 | "Background information" means all of the following: | ||||||
12 | (i) Upon the request of the Department of Children and | ||||||
13 | Family Services, conviction information obtained from the | ||||||
14 | Department of State Police as a result of a | ||||||
15 | fingerprint-based criminal history records check of the | ||||||
16 | Illinois criminal history records database and the Federal | ||||||
17 | Bureau of Investigation criminal history records database | ||||||
18 | concerning a Department employee or Department applicant. | ||||||
19 | (ii) Information obtained by the Department of | ||||||
20 | Children and Family Services after performing a check of | ||||||
21 | the Department of State Police's Sex Offender Database, as | ||||||
22 | authorized by Section 120 of the Sex Offender Community | ||||||
23 | Notification Law, concerning a Department employee or | ||||||
24 | Department applicant. | ||||||
25 | (iii) Information obtained by the Department of | ||||||
26 | Children and Family Services after performing a check of |
| |||||||
| |||||||
1 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
2 | operated and maintained by the Department. | ||||||
3 | "Department employee" means a full-time or temporary | ||||||
4 | employee coded or certified within the State of Illinois | ||||||
5 | Personnel System. | ||||||
6 | "Department applicant" means an individual who has | ||||||
7 | conditional Department full-time or part-time work, a | ||||||
8 | contractor, an individual used to replace or supplement staff, | ||||||
9 | an academic intern, a volunteer in Department offices or on | ||||||
10 | Department contracts, a work-study student, an individual or | ||||||
11 | entity licensed by the Department, or an unlicensed service | ||||||
12 | provider who works as a condition of a contract or an agreement | ||||||
13 | and whose work may bring the unlicensed service provider into | ||||||
14 | contact with Department clients or client records. | ||||||
15 | (Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; | ||||||
16 | 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff. | ||||||
17 | 1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised | ||||||
18 | 10-3-18; 101-13, eff. 6-12-19.) | ||||||
19 | Section 615. The Freedom of Information Act is amended by | ||||||
20 | changing Section 7.5 as follows: | ||||||
21 | (5 ILCS 140/7.5) | ||||||
22 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
23 | by the statutes referenced below, the following shall be exempt | ||||||
24 | from inspection and copying: |
| |||||||
| |||||||
1 | (a) All information determined to be confidential | ||||||
2 | under Section 4002 of the Technology Advancement and | ||||||
3 | Development Act. | ||||||
4 | (b) Library circulation and order records identifying | ||||||
5 | library users with specific materials under the Library | ||||||
6 | Records Confidentiality Act. | ||||||
7 | (c) Applications, related documents, and medical | ||||||
8 | records received by the Experimental Organ Transplantation | ||||||
9 | Procedures Board and any and all documents or other records | ||||||
10 | prepared by the Experimental Organ Transplantation | ||||||
11 | Procedures Board or its staff relating to applications it | ||||||
12 | has received. | ||||||
13 | (d) Information and records held by the Department of | ||||||
14 | Public Health and its authorized representatives relating | ||||||
15 | to known or suspected cases of sexually transmissible | ||||||
16 | disease or any information the disclosure of which is | ||||||
17 | restricted under the Illinois Sexually Transmissible | ||||||
18 | Disease Control Act. | ||||||
19 | (e) Information the disclosure of which is exempted | ||||||
20 | under Section 30 of the Radon Industry Licensing Act. | ||||||
21 | (f) Firm performance evaluations under Section 55 of | ||||||
22 | the Architectural, Engineering, and Land Surveying | ||||||
23 | Qualifications Based Selection Act. | ||||||
24 | (g) Information the disclosure of which is restricted | ||||||
25 | and exempted under Section 50 of the Illinois Prepaid | ||||||
26 | Tuition Act. |
| |||||||
| |||||||
1 | (h) Information the disclosure of which is exempted | ||||||
2 | under the State Officials and Employees Ethics Act, and | ||||||
3 | records of any lawfully created State or local inspector | ||||||
4 | general's office that would be exempt if created or | ||||||
5 | obtained by an Executive Inspector General's office under | ||||||
6 | that Act. | ||||||
7 | (i) Information contained in a local emergency energy | ||||||
8 | plan submitted to a municipality in accordance with a local | ||||||
9 | emergency energy plan ordinance that is adopted under | ||||||
10 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
11 | (j) Information and data concerning the distribution | ||||||
12 | of surcharge moneys collected and remitted by carriers | ||||||
13 | under the Emergency Telephone System Act. | ||||||
14 | (k) Law enforcement officer identification information | ||||||
15 | or driver identification information compiled by a law | ||||||
16 | enforcement agency or the Department of Transportation | ||||||
17 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
18 | (l) Records and information provided to a residential | ||||||
19 | health care facility resident sexual assault and death | ||||||
20 | review team or the Executive Council under the Abuse | ||||||
21 | Prevention Review Team Act. | ||||||
22 | (m) Information provided to the predatory lending | ||||||
23 | database created pursuant to Article 3 of the Residential | ||||||
24 | Real Property Disclosure Act, except to the extent | ||||||
25 | authorized under that Article. | ||||||
26 | (n) Defense budgets and petitions for certification of |
| |||||||
| |||||||
1 | compensation and expenses for court appointed trial | ||||||
2 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
3 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
4 | until the conclusion of the trial of the case, even if the | ||||||
5 | prosecution chooses not to pursue the death penalty prior | ||||||
6 | to trial or sentencing. | ||||||
7 | (o) Information that is prohibited from being | ||||||
8 | disclosed under Section 4 of the Illinois Health and | ||||||
9 | Hazardous Substances Registry Act. | ||||||
10 | (p) Security portions of system safety program plans, | ||||||
11 | investigation reports, surveys, schedules, lists, data, or | ||||||
12 | information compiled, collected, or prepared by or for the | ||||||
13 | Regional Transportation Authority under Section 2.11 of | ||||||
14 | the Regional Transportation Authority Act or the St. Clair | ||||||
15 | County Transit District under the Bi-State Transit Safety | ||||||
16 | Act. | ||||||
17 | (q) Information prohibited from being disclosed by the | ||||||
18 | Personnel Record Records Review Act. | ||||||
19 | (r) Information prohibited from being disclosed by the | ||||||
20 | Illinois School Student Records Act. | ||||||
21 | (s) Information the disclosure of which is restricted | ||||||
22 | under Section 5-108 of the Public Utilities Act.
| ||||||
23 | (t) All identified or deidentified health information | ||||||
24 | in the form of health data or medical records contained in, | ||||||
25 | stored in, submitted to, transferred by, or released from | ||||||
26 | the Illinois Health Information Exchange, and identified |
| |||||||
| |||||||
1 | or deidentified health information in the form of health | ||||||
2 | data and medical records of the Illinois Health Information | ||||||
3 | Exchange in the possession of the Illinois Health | ||||||
4 | Information Exchange Authority due to its administration | ||||||
5 | of the Illinois Health Information Exchange. The terms | ||||||
6 | "identified" and "deidentified" shall be given the same | ||||||
7 | meaning as in the Health Insurance Portability and | ||||||
8 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
9 | subsequent amendments thereto, and any regulations | ||||||
10 | promulgated thereunder. | ||||||
11 | (u) Records and information provided to an independent | ||||||
12 | team of experts under the Developmental Disability and | ||||||
13 | Mental Health Safety Act (also known as Brian's Law ) . | ||||||
14 | (v) Names and information of people who have applied | ||||||
15 | for or received Firearm Owner's Identification Cards under | ||||||
16 | the Firearm Owners Identification Card Act or applied for | ||||||
17 | or received a concealed carry license under the Firearm | ||||||
18 | Concealed Carry Act, unless otherwise authorized by the | ||||||
19 | Firearm Concealed Carry Act; and databases under the | ||||||
20 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
21 | Licensing Review Board under the Firearm Concealed Carry | ||||||
22 | Act, and law enforcement agency objections under the | ||||||
23 | Firearm Concealed Carry Act. | ||||||
24 | (w) Personally identifiable information which is | ||||||
25 | exempted from disclosure under subsection (g) of Section | ||||||
26 | 19.1 of the Toll Highway Act. |
| |||||||
| |||||||
1 | (x) Information which is exempted from disclosure | ||||||
2 | under Section 5-1014.3 of the Counties Code or Section | ||||||
3 | 8-11-21 of the Illinois Municipal Code. | ||||||
4 | (y) Confidential information under the Adult | ||||||
5 | Protective Services Act and its predecessor enabling | ||||||
6 | statute, the Elder Abuse and Neglect Act, including | ||||||
7 | information about the identity and administrative finding | ||||||
8 | against any caregiver of a verified and substantiated | ||||||
9 | decision of abuse, neglect, or financial exploitation of an | ||||||
10 | eligible adult maintained in the Registry established | ||||||
11 | under Section 7.5 of the Adult Protective Services Act. | ||||||
12 | (z) Records and information provided to a fatality | ||||||
13 | review team or the Illinois Fatality Review Team Advisory | ||||||
14 | Council under Section 15 of the Adult Protective Services | ||||||
15 | Act. | ||||||
16 | (aa) Information which is exempted from disclosure | ||||||
17 | under Section 2.37 of the Wildlife Code. | ||||||
18 | (bb) Information which is or was prohibited from | ||||||
19 | disclosure by the Juvenile Court Act of 1987. | ||||||
20 | (cc) Recordings made under the Law Enforcement | ||||||
21 | Officer-Worn Body Camera Act, except to the extent | ||||||
22 | authorized under that Act. | ||||||
23 | (dd) Information that is prohibited from being | ||||||
24 | disclosed under Section 45 of the Condominium and Common | ||||||
25 | Interest Community Ombudsperson Act. | ||||||
26 | (ee) Information that is exempted from disclosure |
| |||||||
| |||||||
1 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
2 | (ff) Information that is exempted from disclosure | ||||||
3 | under the Revised Uniform Unclaimed Property Act. | ||||||
4 | (gg) Information that is prohibited from being | ||||||
5 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
6 | Code. | ||||||
7 | (hh) Records that are exempt from disclosure under | ||||||
8 | Section 1A-16.7 of the Election Code. | ||||||
9 | (ii) Information which is exempted from disclosure | ||||||
10 | under Section 2505-800 of the Department of Revenue Law of | ||||||
11 | the Civil Administrative Code of Illinois. | ||||||
12 | (jj) Information and reports that are required to be | ||||||
13 | submitted to the Department of Labor by registering day and | ||||||
14 | temporary labor service agencies but are exempt from | ||||||
15 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
16 | and Temporary Labor Services Act. | ||||||
17 | (kk) Information prohibited from disclosure under the | ||||||
18 | Seizure and Forfeiture Reporting Act. | ||||||
19 | (ll) Information the disclosure of which is restricted | ||||||
20 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
21 | Aid Code. | ||||||
22 | (mm) (ll) Records that are exempt from disclosure under | ||||||
23 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
24 | (nn) (ll) Information that is exempt from disclosure | ||||||
25 | under Section 70 of the Higher Education Student Assistance | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (oo) Information and records held by the Department of | ||||||
2 | Public Health and its authorized representatives collected | ||||||
3 | under the Reproductive Health Act. | ||||||
4 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
5 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
6 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
7 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
8 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
9 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
10 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||||||
11 | 10-12-18; 101-13, eff. 6-12-19.) | ||||||
12 | Section 620. The Counties Code is amended by changing | ||||||
13 | Section 3-3013 as follows:
| ||||||
14 | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
| ||||||
15 | Sec. 3-3013. Preliminary investigations; blood and urine | ||||||
16 | analysis;
summoning jury; reports. Every coroner, whenever, as | ||||||
17 | soon as he knows or is
informed that the dead body of any | ||||||
18 | person is found, or lying within his
county, whose death is | ||||||
19 | suspected of being:
| ||||||
20 | (a) A sudden or violent death, whether apparently | ||||||
21 | suicidal,
homicidal or accidental, including but not | ||||||
22 | limited to deaths apparently
caused or contributed to by | ||||||
23 | thermal, traumatic, chemical, electrical or
radiational | ||||||
24 | injury, or a complication of any of them, or by drowning or
|
| |||||||
| |||||||
1 | suffocation, or as a result of domestic violence as defined | ||||||
2 | in the Illinois
Domestic
Violence Act of 1986;
| ||||||
3 | (b) A maternal or fetal death due to abortion, or any | ||||||
4 | death due to a
sex crime or a crime against nature ;
| ||||||
5 | (c) A death where the circumstances are suspicious, | ||||||
6 | obscure,
mysterious or otherwise unexplained or where, in | ||||||
7 | the written opinion of
the attending physician, the cause | ||||||
8 | of death is not determined;
| ||||||
9 | (d) A death where addiction to alcohol or to any drug | ||||||
10 | may have been
a contributory cause; or
| ||||||
11 | (e) A death where the decedent was not attended by a | ||||||
12 | licensed
physician;
| ||||||
13 | shall go to the place where the dead body is, and take charge | ||||||
14 | of the
same and shall make a preliminary investigation into the | ||||||
15 | circumstances
of the death. In the case of death without | ||||||
16 | attendance by a licensed
physician the body may be moved with | ||||||
17 | the coroner's consent from the
place of death to a mortuary in | ||||||
18 | the same county. Coroners in their
discretion shall notify such | ||||||
19 | physician as is designated in accordance
with Section 3-3014 to | ||||||
20 | attempt to ascertain the cause of death, either by
autopsy or | ||||||
21 | otherwise.
| ||||||
22 | In cases of accidental death involving a motor vehicle in | ||||||
23 | which the
decedent was (1) the operator or a suspected operator | ||||||
24 | of a motor
vehicle, or (2) a pedestrian 16 years of age or | ||||||
25 | older, the coroner shall
require that a blood specimen of at | ||||||
26 | least 30 cc., and if medically
possible a urine specimen of at |
| |||||||
| |||||||
1 | least 30 cc. or as much as possible up
to 30 cc., be withdrawn | ||||||
2 | from the body of the decedent in a timely fashion after
the | ||||||
3 | accident causing his death, by such physician as has been | ||||||
4 | designated
in accordance with Section 3-3014, or by the coroner | ||||||
5 | or deputy coroner or
a qualified person designated by such | ||||||
6 | physician, coroner, or deputy coroner. If the county
does not | ||||||
7 | maintain laboratory facilities for making such analysis, the
| ||||||
8 | blood and urine so drawn shall be sent to the Department of | ||||||
9 | State Police or any other accredited or State-certified | ||||||
10 | laboratory
for analysis of the alcohol, carbon monoxide, and | ||||||
11 | dangerous or
narcotic drug content of such blood and urine | ||||||
12 | specimens. Each specimen
submitted shall be accompanied by | ||||||
13 | pertinent information concerning the
decedent upon a form | ||||||
14 | prescribed by such laboratory. Any
person drawing blood and | ||||||
15 | urine and any person making any examination of
the blood and | ||||||
16 | urine under the terms of this Division shall be immune from all
| ||||||
17 | liability, civil or criminal, that might otherwise be incurred | ||||||
18 | or
imposed.
| ||||||
19 | In all other cases coming within the jurisdiction of the | ||||||
20 | coroner and
referred to in subparagraphs (a) through (e) above, | ||||||
21 | blood, and whenever
possible, urine samples shall be analyzed | ||||||
22 | for the presence of alcohol
and other drugs. When the coroner | ||||||
23 | suspects that drugs may have been
involved in the death, either | ||||||
24 | directly or indirectly, a toxicological
examination shall be | ||||||
25 | performed which may include analyses of blood, urine,
bile, | ||||||
26 | gastric contents and other tissues. When the coroner suspects
a |
| |||||||
| |||||||
1 | death is due to toxic substances, other than drugs, the coroner | ||||||
2 | shall
consult with the toxicologist prior to collection of | ||||||
3 | samples. Information
submitted to the toxicologist shall | ||||||
4 | include information as to height,
weight, age, sex and race of | ||||||
5 | the decedent as well as medical history,
medications used by | ||||||
6 | and the manner of death of decedent.
| ||||||
7 | When the coroner or medical examiner finds that the cause | ||||||
8 | of death is due to homicidal means, the coroner or medical | ||||||
9 | examiner shall cause blood and buccal specimens (tissue may be | ||||||
10 | submitted if no uncontaminated blood or buccal specimen can be | ||||||
11 | obtained), whenever possible, to be withdrawn from the body of | ||||||
12 | the decedent in a timely fashion. For proper preservation of | ||||||
13 | the specimens, collected blood and buccal specimens shall be | ||||||
14 | dried and tissue specimens shall be frozen if available | ||||||
15 | equipment exists. As soon as possible, but no later than 30 | ||||||
16 | days after the collection of the specimens, the coroner or | ||||||
17 | medical examiner shall release those specimens to the police | ||||||
18 | agency responsible for investigating the death. As soon as | ||||||
19 | possible, but no later than 30 days after the receipt from the | ||||||
20 | coroner or medical examiner, the police agency shall submit the | ||||||
21 | specimens using the agency case number to a National DNA Index | ||||||
22 | System (NDIS) participating laboratory within this State, such | ||||||
23 | as the Illinois Department of State Police, Division of | ||||||
24 | Forensic Services, for analysis and categorizing into genetic | ||||||
25 | marker groupings. The results of the analysis and categorizing | ||||||
26 | into genetic marker groupings shall be provided to the Illinois |
| |||||||
| |||||||
1 | Department of State Police and shall be maintained by the | ||||||
2 | Illinois Department of State Police in the State central | ||||||
3 | repository in the same manner, and subject to the same | ||||||
4 | conditions, as provided in Section 5-4-3 of the Unified Code of | ||||||
5 | Corrections. The requirements of this paragraph are in addition | ||||||
6 | to any other findings, specimens, or information that the | ||||||
7 | coroner or medical examiner is required to provide during the | ||||||
8 | conduct of a criminal investigation.
| ||||||
9 | In all counties, in cases of apparent
suicide, homicide, or | ||||||
10 | accidental death or in other cases, within the
discretion of | ||||||
11 | the coroner, the coroner may summon 8 persons of lawful age
| ||||||
12 | from those persons drawn for petit jurors in the county. The | ||||||
13 | summons shall
command these persons to present themselves | ||||||
14 | personally at such a place and
time as the coroner shall | ||||||
15 | determine, and may be in any form which the
coroner shall | ||||||
16 | determine and may incorporate any reasonable form of request
| ||||||
17 | for acknowledgement which the coroner deems practical and | ||||||
18 | provides a
reliable proof of service. The summons may be served | ||||||
19 | by first class mail.
From the 8 persons so summoned, the | ||||||
20 | coroner shall select 6 to serve as the
jury for the inquest. | ||||||
21 | Inquests may be continued from time
to time, as the coroner may | ||||||
22 | deem necessary. The 6 jurors selected in
a given case may view | ||||||
23 | the body of the deceased.
If at any continuation of an inquest | ||||||
24 | one or more of the original jurors
shall be unable to continue | ||||||
25 | to serve, the coroner shall fill the vacancy or
vacancies. A | ||||||
26 | juror serving pursuant to this paragraph shall receive
|
| |||||||
| |||||||
1 | compensation from the county at the same rate as the rate of | ||||||
2 | compensation
that is paid to petit or grand jurors in the | ||||||
3 | county. The coroner shall
furnish to each juror without fee at | ||||||
4 | the time of his discharge a
certificate of the number of days | ||||||
5 | in attendance at an inquest, and, upon
being presented with | ||||||
6 | such certificate, the county treasurer shall pay to
the juror | ||||||
7 | the sum provided for his services.
| ||||||
8 | In counties which have a jury commission, in cases of | ||||||
9 | apparent suicide or
homicide or of accidental death, the | ||||||
10 | coroner may conduct an inquest. The jury commission shall | ||||||
11 | provide
at least 8 jurors to the coroner, from whom the coroner | ||||||
12 | shall select any 6
to serve as the jury for the inquest. | ||||||
13 | Inquests may be continued from time
to time as the coroner may | ||||||
14 | deem necessary. The 6 jurors originally chosen
in a given case | ||||||
15 | may view the body of the deceased. If at any continuation
of an | ||||||
16 | inquest one or more of the 6 jurors originally chosen shall be | ||||||
17 | unable
to continue to serve, the coroner shall fill the vacancy | ||||||
18 | or vacancies. At
the coroner's discretion, additional jurors to | ||||||
19 | fill such vacancies shall be
supplied by the jury commission. A | ||||||
20 | juror serving pursuant to this
paragraph in such county shall | ||||||
21 | receive compensation from the county at the
same rate as the | ||||||
22 | rate of compensation that is paid to petit or grand jurors
in | ||||||
23 | the county.
| ||||||
24 | In every case in which a fire is determined to be
a
| ||||||
25 | contributing factor in a death, the coroner shall report the | ||||||
26 | death to the
Office of the State Fire Marshal. The coroner |
| |||||||
| |||||||
1 | shall provide a copy of the death certificate (i) within 30 | ||||||
2 | days after filing the permanent death certificate and (ii) in a | ||||||
3 | manner that is agreed upon by the coroner and the State Fire | ||||||
4 | Marshal. | ||||||
5 | In every case in which a drug overdose is determined to be | ||||||
6 | the cause or a contributing factor in the death, the coroner or | ||||||
7 | medical examiner shall report the death to the Department of | ||||||
8 | Public Health. The Department of Public Health shall adopt | ||||||
9 | rules regarding specific information that must be reported in | ||||||
10 | the event of such a death. If possible, the coroner shall | ||||||
11 | report the cause of the overdose. As used in this Section, | ||||||
12 | "overdose" has the same meaning as it does in Section 414 of | ||||||
13 | the Illinois Controlled Substances Act. The Department of | ||||||
14 | Public Health shall issue a semiannual report to the General | ||||||
15 | Assembly summarizing the reports received. The Department | ||||||
16 | shall also provide on its website a monthly report of overdose | ||||||
17 | death figures organized by location, age, and any other | ||||||
18 | factors, the Department deems appropriate. | ||||||
19 | In addition, in every case in which domestic violence is | ||||||
20 | determined to be
a
contributing factor in a death, the coroner | ||||||
21 | shall report the death to the
Department of State Police.
| ||||||
22 | All deaths in State institutions and all deaths of wards of | ||||||
23 | the State or youth in care as defined in Section 4d of the | ||||||
24 | Children and Family Services Act in
private care facilities or | ||||||
25 | in programs funded by the Department of Human
Services under | ||||||
26 | its powers relating to mental health and developmental
|
| |||||||
| |||||||
1 | disabilities or alcoholism and substance
abuse or funded by the | ||||||
2 | Department of Children and Family Services shall
be reported to | ||||||
3 | the coroner of the county in which the facility is
located. If | ||||||
4 | the coroner has reason to believe that an investigation is
| ||||||
5 | needed to determine whether the death was caused by | ||||||
6 | maltreatment or
negligent care of the ward of the State or | ||||||
7 | youth in care as defined in Section 4d of the Children and | ||||||
8 | Family Services Act, the coroner may conduct a
preliminary | ||||||
9 | investigation of the circumstances of such death as in cases of
| ||||||
10 | death under circumstances set forth in paragraphs (a) through | ||||||
11 | (e) of this
Section.
| ||||||
12 | (Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||||||
13 | eff. 7-28-16; 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
| ||||||
14 | Section 625. The Ambulatory Surgical Treatment Center Act | ||||||
15 | is amended by changing Section 2, and 3 as follows:
| ||||||
16 | (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
| ||||||
17 | Sec. 2.
It is declared to be the public policy that the | ||||||
18 | State has a legitimate
interest in assuring that all medical | ||||||
19 | procedures , including abortions, are
performed under | ||||||
20 | circumstances that insure maximum safety. Therefore, the
| ||||||
21 | purpose of this Act is to provide for the better protection of | ||||||
22 | the public
health through the development, establishment, and | ||||||
23 | enforcement of standards
(1) for the care of individuals in | ||||||
24 | ambulatory surgical treatment centers,
and (2) for the |
| |||||||
| |||||||
1 | construction, maintenance and operation of ambulatory
surgical | ||||||
2 | treatment centers, which, in light of advancing knowledge, will
| ||||||
3 | promote safe and adequate treatment of such individuals in | ||||||
4 | ambulatory
surgical treatment centers.
| ||||||
5 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
6 | (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
| ||||||
7 | Sec. 3.
As used in this Act, unless the context otherwise | ||||||
8 | requires, the
following words and phrases shall have the | ||||||
9 | meanings ascribed to them:
| ||||||
10 | (A) "Ambulatory surgical treatment center" means any | ||||||
11 | institution, place
or building devoted primarily to the | ||||||
12 | maintenance and operation of
facilities for the performance of | ||||||
13 | surgical procedures. "Ambulatory surgical treatment center" | ||||||
14 | includes any place that meets and complies with the definition | ||||||
15 | of an ambulatory surgical treatment center under the rules | ||||||
16 | adopted by the Department or any facility in
which a medical or | ||||||
17 | surgical procedure is utilized to terminate a pregnancy,
| ||||||
18 | irrespective of whether the facility is devoted primarily to | ||||||
19 | this purpose .
Such facility shall not provide beds or other | ||||||
20 | accommodations for the
overnight stay of patients; however, | ||||||
21 | facilities devoted exclusively to the
treatment of children may | ||||||
22 | provide accommodations and beds for their patients
for up to 23 | ||||||
23 | hours following admission. Individual patients shall be
| ||||||
24 | discharged in an ambulatory condition without danger to the | ||||||
25 | continued well
being of the patients or shall be transferred to |
| |||||||
| |||||||
1 | a hospital.
| ||||||
2 | The term "ambulatory surgical treatment center" does not | ||||||
3 | include any of the
following:
| ||||||
4 | (1) Any institution, place, building or agency | ||||||
5 | required to be licensed
pursuant to the "Hospital Licensing | ||||||
6 | Act", approved July 1, 1953, as amended.
| ||||||
7 | (2) Any person or institution required to be licensed | ||||||
8 | pursuant to the
Nursing Home Care Act, the Specialized | ||||||
9 | Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
10 | Community Care Act, or the MC/DD Act.
| ||||||
11 | (3) Hospitals or ambulatory surgical treatment centers | ||||||
12 | maintained by the
State or any department or agency | ||||||
13 | thereof, where such department or agency
has authority | ||||||
14 | under law to establish and enforce standards for the
| ||||||
15 | hospitals or ambulatory surgical treatment centers under | ||||||
16 | its management and
control.
| ||||||
17 | (4) Hospitals or ambulatory surgical treatment centers | ||||||
18 | maintained by the
Federal Government or agencies thereof.
| ||||||
19 | (5) Any place, agency, clinic, or practice, public or | ||||||
20 | private, whether
organized for profit or not, devoted | ||||||
21 | exclusively to the performance of
dental or oral surgical | ||||||
22 | procedures.
| ||||||
23 | (6) Any facility in which the performance of abortion | ||||||
24 | procedures, including procedures to terminate a pregnancy | ||||||
25 | or to manage pregnancy loss, is limited to those performed | ||||||
26 | without general, epidural, or spinal anesthesia, and which |
| |||||||
| |||||||
1 | is not otherwise required to be an ambulatory surgical | ||||||
2 | treatment center. For purposes of this paragraph, | ||||||
3 | "general, epidural, or spinal anesthesia" does not include | ||||||
4 | local anesthesia or intravenous sedation. Nothing in this | ||||||
5 | paragraph shall be construed to limit any such facility | ||||||
6 | from voluntarily electing to apply for licensure as an | ||||||
7 | ambulatory surgical treatment center. | ||||||
8 | (B) "Person" means any individual, firm, partnership, | ||||||
9 | corporation,
company, association, or joint stock association, | ||||||
10 | or the legal successor
thereof.
| ||||||
11 | (C) "Department" means the Department of Public Health of | ||||||
12 | the State of
Illinois.
| ||||||
13 | (D) "Director" means the Director of the Department of | ||||||
14 | Public Health of
the State of Illinois.
| ||||||
15 | (E) "Physician" means a person licensed to practice | ||||||
16 | medicine in all of
its branches in the State of Illinois.
| ||||||
17 | (F) "Dentist" means a person licensed to practice dentistry | ||||||
18 | under the
Illinois Dental Practice Act.
| ||||||
19 | (G) "Podiatric physician" means a person licensed to | ||||||
20 | practice podiatry under
the Podiatric Medical Practice Act of | ||||||
21 | 1987.
| ||||||
22 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
23 | Section 630. The Illinois Insurance Code is amended by | ||||||
24 | changing Section 356z.4 and adding 356z.4a as follows:
|
| |||||||
| |||||||
1 | (215 ILCS 5/356z.4)
| ||||||
2 | Sec. 356z.4. Coverage for contraceptives. | ||||||
3 | (a)(1) The General Assembly hereby finds and declares all | ||||||
4 | of the following: | ||||||
5 | (A) Illinois has a long history of expanding timely | ||||||
6 | access to birth control to prevent unintended pregnancy. | ||||||
7 | (B) The federal Patient Protection and Affordable Care | ||||||
8 | Act includes a contraceptive coverage guarantee as part of | ||||||
9 | a broader requirement for health insurance to cover key | ||||||
10 | preventive care services without out-of-pocket costs for | ||||||
11 | patients. | ||||||
12 | (C) The General Assembly intends to build on existing | ||||||
13 | State and federal law to promote gender equity and women's | ||||||
14 | health and to ensure greater contraceptive coverage equity | ||||||
15 | and timely access to all federal Food and Drug | ||||||
16 | Administration approved methods of birth control for all | ||||||
17 | individuals covered by an individual or group health | ||||||
18 | insurance policy in Illinois. | ||||||
19 | (D) Medical management techniques such as denials, | ||||||
20 | step therapy, or prior authorization in public and private | ||||||
21 | health care coverage can impede access to the most | ||||||
22 | effective contraceptive methods. | ||||||
23 | (2) As used in this subsection (a): | ||||||
24 | "Contraceptive services" includes consultations, | ||||||
25 | examinations, procedures, and medical services related to the | ||||||
26 | use of contraceptive methods (including natural family |
| |||||||
| |||||||
1 | planning) to prevent an unintended pregnancy. | ||||||
2 | "Medical necessity", for the purposes of this subsection | ||||||
3 | (a), includes, but is not limited to, considerations such as | ||||||
4 | severity of side effects, differences in permanence and | ||||||
5 | reversibility of contraceptive, and ability to adhere to the | ||||||
6 | appropriate use of the item or service, as determined by the | ||||||
7 | attending provider. | ||||||
8 | "Therapeutic equivalent version" means drugs, devices, or | ||||||
9 | products that can be expected to have the same clinical effect | ||||||
10 | and safety profile when administered to patients under the | ||||||
11 | conditions specified in the labeling and satisfy the following | ||||||
12 | general criteria: | ||||||
13 | (i) they are approved as safe and effective; | ||||||
14 | (ii) they are pharmaceutical equivalents in that they | ||||||
15 | (A) contain identical amounts of the same active drug | ||||||
16 | ingredient in the same dosage form and route of | ||||||
17 | administration and (B) meet compendial or other applicable | ||||||
18 | standards of strength, quality, purity, and identity; | ||||||
19 | (iii) they are bioequivalent in that (A) they do not | ||||||
20 | present a known or potential bioequivalence problem and | ||||||
21 | they meet an acceptable in vitro standard or (B) if they do | ||||||
22 | present such a known or potential problem, they are shown | ||||||
23 | to meet an appropriate bioequivalence standard; | ||||||
24 | (iv) they are adequately labeled; and | ||||||
25 | (v) they are manufactured in compliance with Current | ||||||
26 | Good Manufacturing Practice regulations. |
| |||||||
| |||||||
1 | (3) An individual or group policy of accident and health | ||||||
2 | insurance amended,
delivered, issued, or renewed in this State | ||||||
3 | after the effective date of this amendatory Act of the 99th | ||||||
4 | General Assembly shall provide coverage for all of the | ||||||
5 | following services and contraceptive methods: | ||||||
6 | (A) All contraceptive drugs, devices, and other | ||||||
7 | products approved by the United States Food and Drug | ||||||
8 | Administration. This includes all over-the-counter | ||||||
9 | contraceptive drugs, devices, and products approved by the | ||||||
10 | United States Food and Drug Administration, excluding male | ||||||
11 | condoms. The following apply: | ||||||
12 | (i) If the United States Food and Drug | ||||||
13 | Administration has approved one or more therapeutic | ||||||
14 | equivalent versions of a contraceptive drug, device, | ||||||
15 | or product, a policy is not required to include all | ||||||
16 | such therapeutic equivalent versions in its formulary, | ||||||
17 | so long as at least one is included and covered without | ||||||
18 | cost-sharing and in accordance with this Section. | ||||||
19 | (ii) If an individual's attending provider | ||||||
20 | recommends a particular service or item approved by the | ||||||
21 | United States Food and Drug Administration based on a | ||||||
22 | determination of medical necessity with respect to | ||||||
23 | that individual, the plan or issuer must cover that | ||||||
24 | service or item without cost sharing. The plan or | ||||||
25 | issuer must defer to the determination of the attending | ||||||
26 | provider. |
| |||||||
| |||||||
1 | (iii) If a drug, device, or product is not covered, | ||||||
2 | plans and issuers must have an easily accessible, | ||||||
3 | transparent, and sufficiently expedient process that | ||||||
4 | is not unduly burdensome on the individual or a | ||||||
5 | provider or other individual acting as a patient's | ||||||
6 | authorized representative to ensure coverage without | ||||||
7 | cost sharing. | ||||||
8 | (iv) This coverage must provide for the dispensing | ||||||
9 | of 12 months' worth of contraception at one time. | ||||||
10 | (B) Voluntary sterilization procedures. | ||||||
11 | (C) Contraceptive services, patient education, and | ||||||
12 | counseling on contraception. | ||||||
13 | (D) Follow-up services related to the drugs, devices, | ||||||
14 | products, and procedures covered under this Section, | ||||||
15 | including, but not limited to, management of side effects, | ||||||
16 | counseling for continued adherence, and device insertion | ||||||
17 | and removal. | ||||||
18 | (4) Except as otherwise provided in this subsection (a), a | ||||||
19 | policy subject to this subsection (a) shall not impose a | ||||||
20 | deductible, coinsurance, copayment, or any other cost-sharing | ||||||
21 | requirement on the coverage provided. The provisions of this | ||||||
22 | paragraph do not apply to coverage of voluntary male | ||||||
23 | sterilization procedures to the extent such coverage would | ||||||
24 | disqualify a high-deductible health plan from eligibility for a | ||||||
25 | health savings account pursuant to the federal Internal Revenue | ||||||
26 | Code, 26 U.S.C. 223. |
| |||||||
| |||||||
1 | (5) Except as otherwise authorized under this subsection | ||||||
2 | (a), a policy shall not impose any restrictions or delays on | ||||||
3 | the coverage required under this subsection (a). | ||||||
4 | (6) If, at any time, the Secretary of the United States | ||||||
5 | Department of Health and Human Services, or its successor | ||||||
6 | agency, promulgates rules or regulations to be published in the | ||||||
7 | Federal Register or publishes a comment in the Federal Register | ||||||
8 | or issues an opinion, guidance, or other action that would | ||||||
9 | require the State, pursuant to any provision of the Patient | ||||||
10 | Protection and Affordable Care Act (Public Law 111-148), | ||||||
11 | including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any | ||||||
12 | successor provision, to defray the cost of any coverage | ||||||
13 | outlined in this subsection (a), then this subsection (a) is | ||||||
14 | inoperative with respect to all coverage outlined in this | ||||||
15 | subsection (a) other than that authorized under Section 1902 of | ||||||
16 | the Social Security Act, 42 U.S.C. 1396a, and the State shall | ||||||
17 | not assume any obligation for the cost of the coverage set | ||||||
18 | forth in this subsection (a). | ||||||
19 | (b) This subsection (b) shall become operative if and only | ||||||
20 | if subsection (a) becomes inoperative. | ||||||
21 | An individual or group policy of accident and health | ||||||
22 | insurance amended,
delivered, issued, or renewed in this State | ||||||
23 | after the date this subsection (b) becomes operative that | ||||||
24 | provides coverage for
outpatient services and outpatient | ||||||
25 | prescription drugs or devices must provide
coverage for the | ||||||
26 | insured and any
dependent of the
insured covered by the policy |
| |||||||
| |||||||
1 | for all outpatient contraceptive services and
all outpatient | ||||||
2 | contraceptive drugs and devices approved by the Food and
Drug | ||||||
3 | Administration. Coverage required under this Section may not | ||||||
4 | impose any
deductible, coinsurance, waiting period, or other | ||||||
5 | cost-sharing or limitation
that is greater than that required | ||||||
6 | for any outpatient service or outpatient
prescription drug or | ||||||
7 | device otherwise covered by the policy.
| ||||||
8 | Nothing in this subsection (b) shall be construed to | ||||||
9 | require an insurance
company to cover services related to | ||||||
10 | permanent sterilization that requires a
surgical procedure. | ||||||
11 | As used in this subsection (b), "outpatient contraceptive | ||||||
12 | service" means
consultations, examinations, procedures, and | ||||||
13 | medical services, provided on an
outpatient basis and related | ||||||
14 | to the use of contraceptive methods (including
natural family | ||||||
15 | planning) to prevent an unintended pregnancy.
| ||||||
16 | (c) (Blank). Nothing in this Section shall be construed to | ||||||
17 | require an insurance
company to cover services related to an | ||||||
18 | abortion as the term "abortion" is
defined in the Illinois | ||||||
19 | Abortion Law of 2019.
| ||||||
20 | (d) If a plan or issuer utilizes a network of providers, | ||||||
21 | nothing in this Section shall be construed to require coverage | ||||||
22 | or to prohibit the plan or issuer from imposing cost-sharing | ||||||
23 | for items or services described in this Section that are | ||||||
24 | provided or delivered by an out-of-network provider, unless the | ||||||
25 | plan or issuer does not have in its network a provider who is | ||||||
26 | able to or is willing to provide the applicable items or |
| |||||||
| |||||||
1 | services.
| ||||||
2 | (Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19; | ||||||
3 | 101-13, eff. 6-12-19.)
| ||||||
4 | (215 ILCS 5/356z.4a rep.) | ||||||
5 | Section 632. The Illinois Insurance Code is amended by | ||||||
6 | repealing Section 356z.4a. | ||||||
7 | Section 635. The Health Maintenance Organization Act is | ||||||
8 | amended by changing Section 5-3 as follows:
| ||||||
9 | (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
| ||||||
10 | Sec. 5-3. Insurance Code provisions.
| ||||||
11 | (a) Health Maintenance Organizations
shall be subject to | ||||||
12 | the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
| ||||||
13 | 141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, | ||||||
14 | 154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, 355.3, | ||||||
15 | 355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y,
356z.2, 356z.4, | ||||||
16 | 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, | ||||||
17 | 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, | ||||||
18 | 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, | ||||||
19 | 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, | ||||||
20 | 368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, 408.2, | ||||||
21 | 409, 412, 444,
and
444.1,
paragraph (c) of subsection (2) of | ||||||
22 | Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, XIII, | ||||||
23 | XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
|
| |||||||
| |||||||
1 | (b) For purposes of the Illinois Insurance Code, except for | ||||||
2 | Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health | ||||||
3 | Maintenance Organizations in
the following categories are | ||||||
4 | deemed to be "domestic companies":
| ||||||
5 | (1) a corporation authorized under the
Dental Service | ||||||
6 | Plan Act or the Voluntary Health Services Plans Act;
| ||||||
7 | (2) a corporation organized under the laws of this | ||||||
8 | State; or
| ||||||
9 | (3) a corporation organized under the laws of another | ||||||
10 | state, 30% or more
of the enrollees of which are residents | ||||||
11 | of this State, except a
corporation subject to | ||||||
12 | substantially the same requirements in its state of
| ||||||
13 | organization as is a "domestic company" under Article VIII | ||||||
14 | 1/2 of the
Illinois Insurance Code.
| ||||||
15 | (c) In considering the merger, consolidation, or other | ||||||
16 | acquisition of
control of a Health Maintenance Organization | ||||||
17 | pursuant to Article VIII 1/2
of the Illinois Insurance Code,
| ||||||
18 | (1) the Director shall give primary consideration to | ||||||
19 | the continuation of
benefits to enrollees and the financial | ||||||
20 | conditions of the acquired Health
Maintenance Organization | ||||||
21 | after the merger, consolidation, or other
acquisition of | ||||||
22 | control takes effect;
| ||||||
23 | (2)(i) the criteria specified in subsection (1)(b) of | ||||||
24 | Section 131.8 of
the Illinois Insurance Code shall not | ||||||
25 | apply and (ii) the Director, in making
his determination | ||||||
26 | with respect to the merger, consolidation, or other
|
| |||||||
| |||||||
1 | acquisition of control, need not take into account the | ||||||
2 | effect on
competition of the merger, consolidation, or | ||||||
3 | other acquisition of control;
| ||||||
4 | (3) the Director shall have the power to require the | ||||||
5 | following
information:
| ||||||
6 | (A) certification by an independent actuary of the | ||||||
7 | adequacy
of the reserves of the Health Maintenance | ||||||
8 | Organization sought to be acquired;
| ||||||
9 | (B) pro forma financial statements reflecting the | ||||||
10 | combined balance
sheets of the acquiring company and | ||||||
11 | the Health Maintenance Organization sought
to be | ||||||
12 | acquired as of the end of the preceding year and as of | ||||||
13 | a date 90 days
prior to the acquisition, as well as pro | ||||||
14 | forma financial statements
reflecting projected | ||||||
15 | combined operation for a period of 2 years;
| ||||||
16 | (C) a pro forma business plan detailing an | ||||||
17 | acquiring party's plans with
respect to the operation | ||||||
18 | of the Health Maintenance Organization sought to
be | ||||||
19 | acquired for a period of not less than 3 years; and
| ||||||
20 | (D) such other information as the Director shall | ||||||
21 | require.
| ||||||
22 | (d) The provisions of Article VIII 1/2 of the Illinois | ||||||
23 | Insurance Code
and this Section 5-3 shall apply to the sale by | ||||||
24 | any health maintenance
organization of greater than 10% of its
| ||||||
25 | enrollee population (including without limitation the health | ||||||
26 | maintenance
organization's right, title, and interest in and to |
| |||||||
| |||||||
1 | its health care
certificates).
| ||||||
2 | (e) In considering any management contract or service | ||||||
3 | agreement subject
to Section 141.1 of the Illinois Insurance | ||||||
4 | Code, the Director (i) shall, in
addition to the criteria | ||||||
5 | specified in Section 141.2 of the Illinois
Insurance Code, take | ||||||
6 | into account the effect of the management contract or
service | ||||||
7 | agreement on the continuation of benefits to enrollees and the
| ||||||
8 | financial condition of the health maintenance organization to | ||||||
9 | be managed or
serviced, and (ii) need not take into account the | ||||||
10 | effect of the management
contract or service agreement on | ||||||
11 | competition.
| ||||||
12 | (f) Except for small employer groups as defined in the | ||||||
13 | Small Employer
Rating, Renewability and Portability Health | ||||||
14 | Insurance Act and except for
medicare supplement policies as | ||||||
15 | defined in Section 363 of the Illinois
Insurance Code, a Health | ||||||
16 | Maintenance Organization may by contract agree with a
group or | ||||||
17 | other enrollment unit to effect refunds or charge additional | ||||||
18 | premiums
under the following terms and conditions:
| ||||||
19 | (i) the amount of, and other terms and conditions with | ||||||
20 | respect to, the
refund or additional premium are set forth | ||||||
21 | in the group or enrollment unit
contract agreed in advance | ||||||
22 | of the period for which a refund is to be paid or
| ||||||
23 | additional premium is to be charged (which period shall not | ||||||
24 | be less than one
year); and
| ||||||
25 | (ii) the amount of the refund or additional premium | ||||||
26 | shall not exceed 20%
of the Health Maintenance |
| |||||||
| |||||||
1 | Organization's profitable or unprofitable experience
with | ||||||
2 | respect to the group or other enrollment unit for the | ||||||
3 | period (and, for
purposes of a refund or additional | ||||||
4 | premium, the profitable or unprofitable
experience shall | ||||||
5 | be calculated taking into account a pro rata share of the
| ||||||
6 | Health Maintenance Organization's administrative and | ||||||
7 | marketing expenses, but
shall not include any refund to be | ||||||
8 | made or additional premium to be paid
pursuant to this | ||||||
9 | subsection (f)). The Health Maintenance Organization and | ||||||
10 | the
group or enrollment unit may agree that the profitable | ||||||
11 | or unprofitable
experience may be calculated taking into | ||||||
12 | account the refund period and the
immediately preceding 2 | ||||||
13 | plan years.
| ||||||
14 | The Health Maintenance Organization shall include a | ||||||
15 | statement in the
evidence of coverage issued to each enrollee | ||||||
16 | describing the possibility of a
refund or additional premium, | ||||||
17 | and upon request of any group or enrollment unit,
provide to | ||||||
18 | the group or enrollment unit a description of the method used | ||||||
19 | to
calculate (1) the Health Maintenance Organization's | ||||||
20 | profitable experience with
respect to the group or enrollment | ||||||
21 | unit and the resulting refund to the group
or enrollment unit | ||||||
22 | or (2) the Health Maintenance Organization's unprofitable
| ||||||
23 | experience with respect to the group or enrollment unit and the | ||||||
24 | resulting
additional premium to be paid by the group or | ||||||
25 | enrollment unit.
| ||||||
26 | In no event shall the Illinois Health Maintenance |
| |||||||
| |||||||
1 | Organization
Guaranty Association be liable to pay any | ||||||
2 | contractual obligation of an
insolvent organization to pay any | ||||||
3 | refund authorized under this Section.
| ||||||
4 | (g) Rulemaking authority to implement Public Act 95-1045, | ||||||
5 | if any, is conditioned on the rules being adopted in accordance | ||||||
6 | with all provisions of the Illinois Administrative Procedure | ||||||
7 | Act and all rules and procedures of the Joint Committee on | ||||||
8 | Administrative Rules; any purported rule not so adopted, for | ||||||
9 | whatever reason, is unauthorized. | ||||||
10 | (Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17; | ||||||
11 | 100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff. | ||||||
12 | 8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised | ||||||
13 | 10-4-18; 101-13, eff. 6-12-19.) | ||||||
14 | Section 640. The Voluntary Health Services Plans Act is | ||||||
15 | amended by changing Section 10 as follows:
| ||||||
16 | (215 ILCS 165/10) (from Ch. 32, par. 604)
| ||||||
17 | Sec. 10. Application of Insurance Code provisions. Health | ||||||
18 | services
plan corporations and all persons interested therein | ||||||
19 | or dealing therewith
shall be subject to the provisions of | ||||||
20 | Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, | ||||||
21 | 143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g, | ||||||
22 | 356g.5, 356g.5-1, 356r, 356t, 356u, 356v,
356w, 356x, 356y, | ||||||
23 | 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, | ||||||
24 | 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, |
| |||||||
| |||||||
1 | 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, | ||||||
2 | 356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1,
402,
403, | ||||||
3 | 403A, 408,
408.2, and 412, and paragraphs (7) and (15) of | ||||||
4 | Section 367 of the Illinois
Insurance Code.
| ||||||
5 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
6 | any, is conditioned on the rules being adopted in accordance | ||||||
7 | with all provisions of the Illinois Administrative Procedure | ||||||
8 | Act and all rules and procedures of the Joint Committee on | ||||||
9 | Administrative Rules; any purported rule not so adopted, for | ||||||
10 | whatever reason, is unauthorized. | ||||||
11 | (Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; | ||||||
12 | 100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff. | ||||||
13 | 1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18; 101-13, eff. | ||||||
14 | 6-12-19.) | ||||||
15 | Section 645. The Medical Practice Act of 1987 is amended by | ||||||
16 | changing Section 22 and 36 as follows:
| ||||||
17 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
18 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
19 | Sec. 22. Disciplinary action.
| ||||||
20 | (A) The Department may revoke, suspend, place on probation, | ||||||
21 | reprimand, refuse to issue or renew, or take any other | ||||||
22 | disciplinary or non-disciplinary action as the Department may | ||||||
23 | deem proper
with regard to the license or permit of any person | ||||||
24 | issued
under this Act, including imposing fines not to exceed |
| |||||||
| |||||||
1 | $10,000 for each violation, upon any of the following grounds:
| ||||||
2 | (1) (Blank). Performance of an elective abortion in any | ||||||
3 | place, locale,
facility, or
institution other than:
| ||||||
4 | (a) a facility licensed pursuant to the Ambulatory | ||||||
5 | Surgical Treatment
Center Act;
| ||||||
6 | (b) an institution licensed under the Hospital | ||||||
7 | Licensing Act;
| ||||||
8 | (c) an ambulatory surgical treatment center or | ||||||
9 | hospitalization or care
facility maintained by the | ||||||
10 | State or any agency thereof, where such department
or | ||||||
11 | agency has authority under law to establish and enforce | ||||||
12 | standards for the
ambulatory surgical treatment | ||||||
13 | centers, hospitalization, or care facilities
under its | ||||||
14 | management and control;
| ||||||
15 | (d) ambulatory surgical treatment centers, | ||||||
16 | hospitalization or care
facilities maintained by the | ||||||
17 | Federal Government; or
| ||||||
18 | (e) ambulatory surgical treatment centers, | ||||||
19 | hospitalization or care
facilities maintained by any | ||||||
20 | university or college established under the laws
of | ||||||
21 | this State and supported principally by public funds | ||||||
22 | raised by
taxation.
| ||||||
23 | (2) (Blank). Performance of an abortion procedure in a | ||||||
24 | willful and wanton
manner on a
woman who was not pregnant | ||||||
25 | at the time the abortion procedure was
performed.
| ||||||
26 | (3) A plea of guilty or nolo contendere, finding of |
| |||||||
| |||||||
1 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
2 | including, but not limited to, convictions, preceding | ||||||
3 | sentences of supervision, conditional discharge, or first | ||||||
4 | offender probation, under the laws of any jurisdiction of | ||||||
5 | the United States of any crime that is a felony.
| ||||||
6 | (4) Gross negligence in practice under this Act.
| ||||||
7 | (5) Engaging in dishonorable, unethical or | ||||||
8 | unprofessional
conduct of a
character likely to deceive, | ||||||
9 | defraud or harm the public.
| ||||||
10 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
11 | misrepresentation.
| ||||||
12 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
13 | in law
as
controlled substances, of alcohol, or of any | ||||||
14 | other substances which results in
the inability to practice | ||||||
15 | with reasonable judgment, skill or safety.
| ||||||
16 | (8) Practicing under a false or, except as provided by | ||||||
17 | law, an
assumed
name.
| ||||||
18 | (9) Fraud or misrepresentation in applying for, or | ||||||
19 | procuring, a
license
under this Act or in connection with | ||||||
20 | applying for renewal of a license under
this Act.
| ||||||
21 | (10) Making a false or misleading statement regarding | ||||||
22 | their
skill or the
efficacy or value of the medicine, | ||||||
23 | treatment, or remedy prescribed by them at
their direction | ||||||
24 | in the treatment of any disease or other condition of the | ||||||
25 | body
or mind.
| ||||||
26 | (11) Allowing another person or organization to use |
| |||||||
| |||||||
1 | their
license, procured
under this Act, to practice.
| ||||||
2 | (12) Adverse action taken by another state or | ||||||
3 | jurisdiction
against a license
or other authorization to | ||||||
4 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
5 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
6 | certified copy of the record of the action taken by
the | ||||||
7 | other state or jurisdiction being prima facie evidence | ||||||
8 | thereof. This includes any adverse action taken by a State | ||||||
9 | or federal agency that prohibits a medical doctor, doctor | ||||||
10 | of osteopathy, doctor of osteopathic medicine, or doctor of | ||||||
11 | chiropractic from providing services to the agency's | ||||||
12 | participants.
| ||||||
13 | (13) Violation of any provision of this Act or of the | ||||||
14 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
15 | violation of the rules, or a final
administrative action of | ||||||
16 | the Secretary, after consideration of the
recommendation | ||||||
17 | of the Disciplinary Board.
| ||||||
18 | (14) Violation of the prohibition against fee | ||||||
19 | splitting in Section 22.2 of this Act.
| ||||||
20 | (15) A finding by the Disciplinary Board that the
| ||||||
21 | registrant after
having his or her license placed on | ||||||
22 | probationary status or subjected to
conditions or | ||||||
23 | restrictions violated the terms of the probation or failed | ||||||
24 | to
comply with such terms or conditions.
| ||||||
25 | (16) Abandonment of a patient.
| ||||||
26 | (17) Prescribing, selling, administering, |
| |||||||
| |||||||
1 | distributing, giving
or
self-administering any drug | ||||||
2 | classified as a controlled substance (designated
product) | ||||||
3 | or narcotic for other than medically accepted therapeutic
| ||||||
4 | purposes.
| ||||||
5 | (18) Promotion of the sale of drugs, devices, | ||||||
6 | appliances or
goods provided
for a patient in such manner | ||||||
7 | as to exploit the patient for financial gain of
the | ||||||
8 | physician.
| ||||||
9 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
10 | disease by a secret
method, procedure, treatment or | ||||||
11 | medicine, or the treating, operating or
prescribing for any | ||||||
12 | human condition by a method, means or procedure which the
| ||||||
13 | licensee refuses to divulge upon demand of the Department.
| ||||||
14 | (20) Immoral conduct in the commission of any act | ||||||
15 | including,
but not limited to, commission of an act of | ||||||
16 | sexual misconduct related to the
licensee's
practice.
| ||||||
17 | (21) Willfully making or filing false records or | ||||||
18 | reports in his
or her
practice as a physician, including, | ||||||
19 | but not limited to, false records to
support claims against | ||||||
20 | the medical assistance program of the Department of | ||||||
21 | Healthcare and Family Services (formerly Department of
| ||||||
22 | Public Aid)
under the Illinois Public Aid Code.
| ||||||
23 | (22) Willful omission to file or record, or willfully | ||||||
24 | impeding
the filing or
recording, or inducing another | ||||||
25 | person to omit to file or record, medical
reports as | ||||||
26 | required by law, or willfully failing to report an instance |
| |||||||
| |||||||
1 | of
suspected abuse or neglect as required by law.
| ||||||
2 | (23) Being named as a perpetrator in an indicated | ||||||
3 | report by
the Department
of Children and Family Services | ||||||
4 | under the Abused and Neglected Child Reporting
Act, and | ||||||
5 | upon proof by clear and convincing evidence that the | ||||||
6 | licensee has
caused a child to be an abused child or | ||||||
7 | neglected child as defined in the
Abused and Neglected | ||||||
8 | Child Reporting Act.
| ||||||
9 | (24) Solicitation of professional patronage by any
| ||||||
10 | corporation, agents or
persons, or profiting from those | ||||||
11 | representing themselves to be agents of the
licensee.
| ||||||
12 | (25) Gross and willful and continued overcharging for
| ||||||
13 | professional services,
including filing false statements | ||||||
14 | for collection of fees for which services are
not rendered, | ||||||
15 | including, but not limited to, filing such false statements | ||||||
16 | for
collection of monies for services not rendered from the | ||||||
17 | medical assistance
program of the Department of Healthcare | ||||||
18 | and Family Services (formerly Department of Public Aid)
| ||||||
19 | under the Illinois Public Aid
Code.
| ||||||
20 | (26) A pattern of practice or other behavior which
| ||||||
21 | demonstrates
incapacity
or incompetence to practice under | ||||||
22 | this Act.
| ||||||
23 | (27) Mental illness or disability which results in the
| ||||||
24 | inability to
practice under this Act with reasonable | ||||||
25 | judgment, skill or safety.
| ||||||
26 | (28) Physical illness, including, but not limited to,
|
| |||||||
| |||||||
1 | deterioration through
the aging process, or loss of motor | ||||||
2 | skill which results in a physician's
inability to practice | ||||||
3 | under this Act with reasonable judgment, skill or
safety.
| ||||||
4 | (29) Cheating on or attempt to subvert the licensing
| ||||||
5 | examinations
administered under this Act.
| ||||||
6 | (30) Willfully or negligently violating the | ||||||
7 | confidentiality
between
physician and patient except as | ||||||
8 | required by law.
| ||||||
9 | (31) The use of any false, fraudulent, or deceptive | ||||||
10 | statement
in any
document connected with practice under | ||||||
11 | this Act.
| ||||||
12 | (32) Aiding and abetting an individual not licensed | ||||||
13 | under this
Act in the
practice of a profession licensed | ||||||
14 | under this Act.
| ||||||
15 | (33) Violating state or federal laws or regulations | ||||||
16 | relating
to controlled
substances, legend
drugs, or | ||||||
17 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
18 | (34) Failure to report to the Department any adverse | ||||||
19 | final
action taken
against them by another licensing | ||||||
20 | jurisdiction (any other state or any
territory of the | ||||||
21 | United States or any foreign state or country), by any peer
| ||||||
22 | review body, by any health care institution, by any | ||||||
23 | professional society or
association related to practice | ||||||
24 | under this Act, by any governmental agency, by
any law | ||||||
25 | enforcement agency, or by any court for acts or conduct | ||||||
26 | similar to acts
or conduct which would constitute grounds |
| |||||||
| |||||||
1 | for action as defined in this
Section.
| ||||||
2 | (35) Failure to report to the Department surrender of a
| ||||||
3 | license or
authorization to practice as a medical doctor, a | ||||||
4 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
5 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
6 | surrender of membership on
any medical staff or in any | ||||||
7 | medical or professional association or society,
while | ||||||
8 | under disciplinary investigation by any of those | ||||||
9 | authorities or bodies,
for acts or conduct similar to acts | ||||||
10 | or conduct which would constitute grounds
for action as | ||||||
11 | defined in this Section.
| ||||||
12 | (36) Failure to report to the Department any adverse | ||||||
13 | judgment,
settlement,
or award arising from a liability | ||||||
14 | claim related to acts or conduct similar to
acts or conduct | ||||||
15 | which would constitute grounds for action as defined in | ||||||
16 | this
Section.
| ||||||
17 | (37) Failure to provide copies of medical records as | ||||||
18 | required
by law.
| ||||||
19 | (38) Failure to furnish the Department, its | ||||||
20 | investigators or
representatives, relevant information, | ||||||
21 | legally requested by the Department
after consultation | ||||||
22 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
23 | Coordinator.
| ||||||
24 | (39) Violating the Health Care Worker Self-Referral
| ||||||
25 | Act.
| ||||||
26 | (40) Willful failure to provide notice when notice is |
| |||||||
| |||||||
1 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
2 | (41) Failure to establish and maintain records of | ||||||
3 | patient care and
treatment as required by this law.
| ||||||
4 | (42) Entering into an excessive number of written | ||||||
5 | collaborative
agreements with licensed advanced practice | ||||||
6 | registered nurses resulting in an inability to
adequately | ||||||
7 | collaborate.
| ||||||
8 | (43) Repeated failure to adequately collaborate with a | ||||||
9 | licensed advanced practice registered nurse. | ||||||
10 | (44) Violating the Compassionate Use of Medical | ||||||
11 | Cannabis Pilot Program Act.
| ||||||
12 | (45) Entering into an excessive number of written | ||||||
13 | collaborative agreements with licensed prescribing | ||||||
14 | psychologists resulting in an inability to adequately | ||||||
15 | collaborate. | ||||||
16 | (46) Repeated failure to adequately collaborate with a | ||||||
17 | licensed prescribing psychologist. | ||||||
18 | (47) Willfully failing to report an instance of | ||||||
19 | suspected abuse, neglect, financial exploitation, or | ||||||
20 | self-neglect of an eligible adult as defined in and | ||||||
21 | required by the Adult Protective Services Act. | ||||||
22 | (48) Being named as an abuser in a verified report by | ||||||
23 | the Department on Aging under the Adult Protective Services | ||||||
24 | Act, and upon proof by clear and convincing evidence that | ||||||
25 | the licensee abused, neglected, or financially exploited | ||||||
26 | an eligible adult as defined in the Adult Protective |
| |||||||
| |||||||
1 | Services Act. | ||||||
2 | (49) Entering into an excessive number of written | ||||||
3 | collaborative agreements with licensed physician | ||||||
4 | assistants resulting in an inability to adequately | ||||||
5 | collaborate. | ||||||
6 | (50) Repeated failure to adequately collaborate with a | ||||||
7 | physician assistant. | ||||||
8 | Except
for actions involving the ground numbered (26), all | ||||||
9 | proceedings to suspend,
revoke, place on probationary status, | ||||||
10 | or take any
other disciplinary action as the Department may | ||||||
11 | deem proper, with regard to a
license on any of the foregoing | ||||||
12 | grounds, must be commenced within 5 years next
after receipt by | ||||||
13 | the Department of a complaint alleging the commission of or
| ||||||
14 | notice of the conviction order for any of the acts described | ||||||
15 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
16 | (29), no action shall be commenced more
than 10 years after the | ||||||
17 | date of the incident or act alleged to have violated
this | ||||||
18 | Section. For actions involving the ground numbered (26), a | ||||||
19 | pattern of practice or other behavior includes all incidents | ||||||
20 | alleged to be part of the pattern of practice or other behavior | ||||||
21 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
22 | received, within the 10-year period preceding the filing of the | ||||||
23 | complaint. In the event of the settlement of any claim or cause | ||||||
24 | of action
in favor of the claimant or the reduction to final | ||||||
25 | judgment of any civil action
in favor of the plaintiff, such | ||||||
26 | claim, cause of action or civil action being
grounded on the |
| |||||||
| |||||||
1 | allegation that a person licensed under this Act was negligent
| ||||||
2 | in providing care, the Department shall have an additional | ||||||
3 | period of 2 years
from the date of notification to the | ||||||
4 | Department under Section 23 of this Act
of such settlement or | ||||||
5 | final judgment in which to investigate and
commence formal | ||||||
6 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
7 | as otherwise provided by law. The time during which the holder | ||||||
8 | of the license
was outside the State of Illinois shall not be | ||||||
9 | included within any period of
time limiting the commencement of | ||||||
10 | disciplinary action by the Department.
| ||||||
11 | The entry of an order or judgment by any circuit court | ||||||
12 | establishing that any
person holding a license under this Act | ||||||
13 | is a person in need of mental treatment
operates as a | ||||||
14 | suspension of that license. That person may resume their
| ||||||
15 | practice only upon the entry of a Departmental order based upon | ||||||
16 | a finding by
the Disciplinary Board that they have been | ||||||
17 | determined to be recovered
from mental illness by the court and | ||||||
18 | upon the Disciplinary Board's
recommendation that they be | ||||||
19 | permitted to resume their practice.
| ||||||
20 | The Department may refuse to issue or take disciplinary | ||||||
21 | action concerning the license of any person
who fails to file a | ||||||
22 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
23 | return, or to pay any final assessment of tax, penalty or | ||||||
24 | interest, as
required by any tax Act administered by the | ||||||
25 | Illinois Department of Revenue,
until such time as the | ||||||
26 | requirements of any such tax Act are satisfied as
determined by |
| |||||||
| |||||||
1 | the Illinois Department of Revenue.
| ||||||
2 | The Department, upon the recommendation of the | ||||||
3 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
4 | to be used in determining:
| ||||||
5 | (a) when a person will be deemed sufficiently | ||||||
6 | rehabilitated to warrant the
public trust;
| ||||||
7 | (b) what constitutes dishonorable, unethical or | ||||||
8 | unprofessional conduct of
a character likely to deceive, | ||||||
9 | defraud, or harm the public;
| ||||||
10 | (c) what constitutes immoral conduct in the commission | ||||||
11 | of any act,
including, but not limited to, commission of an | ||||||
12 | act of sexual misconduct
related
to the licensee's | ||||||
13 | practice; and
| ||||||
14 | (d) what constitutes gross negligence in the practice | ||||||
15 | of medicine.
| ||||||
16 | However, no such rule shall be admissible into evidence in | ||||||
17 | any civil action
except for review of a licensing or other | ||||||
18 | disciplinary action under this Act.
| ||||||
19 | In enforcing this Section, the Disciplinary Board or the | ||||||
20 | Licensing Board,
upon a showing of a possible violation, may | ||||||
21 | compel, in the case of the Disciplinary Board, any individual | ||||||
22 | who is licensed to
practice under this Act or holds a permit to | ||||||
23 | practice under this Act, or, in the case of the Licensing | ||||||
24 | Board, any individual who has applied for licensure or a permit
| ||||||
25 | pursuant to this Act, to submit to a mental or physical | ||||||
26 | examination and evaluation, or both,
which may include a |
| |||||||
| |||||||
1 | substance abuse or sexual offender evaluation, as required by | ||||||
2 | the Licensing Board or Disciplinary Board and at the expense of | ||||||
3 | the Department. The Disciplinary Board or Licensing Board shall | ||||||
4 | specifically designate the examining physician licensed to | ||||||
5 | practice medicine in all of its branches or, if applicable, the | ||||||
6 | multidisciplinary team involved in providing the mental or | ||||||
7 | physical examination and evaluation, or both. The | ||||||
8 | multidisciplinary team shall be led by a physician licensed to | ||||||
9 | practice medicine in all of its branches and may consist of one | ||||||
10 | or more or a combination of physicians licensed to practice | ||||||
11 | medicine in all of its branches, licensed chiropractic | ||||||
12 | physicians, licensed clinical psychologists, licensed clinical | ||||||
13 | social workers, licensed clinical professional counselors, and | ||||||
14 | other professional and administrative staff. Any examining | ||||||
15 | physician or member of the multidisciplinary team may require | ||||||
16 | any person ordered to submit to an examination and evaluation | ||||||
17 | pursuant to this Section to submit to any additional | ||||||
18 | supplemental testing deemed necessary to complete any | ||||||
19 | examination or evaluation process, including, but not limited | ||||||
20 | to, blood testing, urinalysis, psychological testing, or | ||||||
21 | neuropsychological testing.
The Disciplinary Board, the | ||||||
22 | Licensing Board, or the Department may order the examining
| ||||||
23 | physician or any member of the multidisciplinary team to | ||||||
24 | provide to the Department, the Disciplinary Board, or the | ||||||
25 | Licensing Board any and all records, including business | ||||||
26 | records, that relate to the examination and evaluation, |
| |||||||
| |||||||
1 | including any supplemental testing performed. The Disciplinary | ||||||
2 | Board, the Licensing Board, or the Department may order the | ||||||
3 | examining physician or any member of the multidisciplinary team | ||||||
4 | to present testimony concerning this examination
and | ||||||
5 | evaluation of the licensee, permit holder, or applicant, | ||||||
6 | including testimony concerning any supplemental testing or | ||||||
7 | documents relating to the examination and evaluation. No | ||||||
8 | information, report, record, or other documents in any way | ||||||
9 | related to the examination and evaluation shall be excluded by | ||||||
10 | reason of
any common
law or statutory privilege relating to | ||||||
11 | communication between the licensee, permit holder, or
| ||||||
12 | applicant and
the examining physician or any member of the | ||||||
13 | multidisciplinary team.
No authorization is necessary from the | ||||||
14 | licensee, permit holder, or applicant ordered to undergo an | ||||||
15 | evaluation and examination for the examining physician or any | ||||||
16 | member of the multidisciplinary team to provide information, | ||||||
17 | reports, records, or other documents or to provide any | ||||||
18 | testimony regarding the examination and evaluation. The | ||||||
19 | individual to be examined may have, at his or her own expense, | ||||||
20 | another
physician of his or her choice present during all | ||||||
21 | aspects of the examination.
Failure of any individual to submit | ||||||
22 | to mental or physical examination and evaluation, or both, when
| ||||||
23 | directed, shall result in an automatic suspension, without | ||||||
24 | hearing, until such time
as the individual submits to the | ||||||
25 | examination. If the Disciplinary Board or Licensing Board finds | ||||||
26 | a physician unable
to practice following an examination and |
| |||||||
| |||||||
1 | evaluation because of the reasons set forth in this Section, | ||||||
2 | the Disciplinary
Board or Licensing Board shall require such | ||||||
3 | physician to submit to care, counseling, or treatment
by | ||||||
4 | physicians, or other health care professionals, approved or | ||||||
5 | designated by the Disciplinary Board, as a condition
for | ||||||
6 | issued, continued, reinstated, or renewed licensure to | ||||||
7 | practice. Any physician,
whose license was granted pursuant to | ||||||
8 | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||||||
9 | renewed, disciplined or supervised, subject to such
terms, | ||||||
10 | conditions or restrictions who shall fail to comply with such | ||||||
11 | terms,
conditions or restrictions, or to complete a required | ||||||
12 | program of care,
counseling, or treatment, as determined by the | ||||||
13 | Chief Medical Coordinator or
Deputy Medical Coordinators, | ||||||
14 | shall be referred to the Secretary for a
determination as to | ||||||
15 | whether the licensee shall have their license suspended
| ||||||
16 | immediately, pending a hearing by the Disciplinary Board. In | ||||||
17 | instances in
which the Secretary immediately suspends a license | ||||||
18 | under this Section, a hearing
upon such person's license must | ||||||
19 | be convened by the Disciplinary Board within 15
days after such | ||||||
20 | suspension and completed without appreciable delay. The
| ||||||
21 | Disciplinary Board shall have the authority to review the | ||||||
22 | subject physician's
record of treatment and counseling | ||||||
23 | regarding the impairment, to the extent
permitted by applicable | ||||||
24 | federal statutes and regulations safeguarding the
| ||||||
25 | confidentiality of medical records.
| ||||||
26 | An individual licensed under this Act, affected under this |
| |||||||
| |||||||
1 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
2 | Disciplinary Board that they can
resume practice in compliance | ||||||
3 | with acceptable and prevailing standards under
the provisions | ||||||
4 | of their license.
| ||||||
5 | The Department may promulgate rules for the imposition of | ||||||
6 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
7 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
8 | other forms of disciplinary action, but
shall not be the | ||||||
9 | exclusive disposition of any disciplinary action arising out
of | ||||||
10 | conduct resulting in death or injury to a patient. Any funds | ||||||
11 | collected from
such fines shall be deposited in the Illinois | ||||||
12 | State Medical Disciplinary Fund.
| ||||||
13 | All fines imposed under this Section shall be paid within | ||||||
14 | 60 days after the effective date of the order imposing the fine | ||||||
15 | or in accordance with the terms set forth in the order imposing | ||||||
16 | the fine. | ||||||
17 | (B) The Department shall revoke the license or
permit | ||||||
18 | issued under this Act to practice medicine or a chiropractic | ||||||
19 | physician who
has been convicted a second time of committing | ||||||
20 | any felony under the
Illinois Controlled Substances Act or the | ||||||
21 | Methamphetamine Control and Community Protection Act, or who | ||||||
22 | has been convicted a second time of
committing a Class 1 felony | ||||||
23 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
24 | person whose license or permit is revoked
under
this subsection | ||||||
25 | B shall be prohibited from practicing
medicine or treating | ||||||
26 | human ailments without the use of drugs and without
operative |
| |||||||
| |||||||
1 | surgery.
| ||||||
2 | (C) The Department shall not revoke, suspend, place on | ||||||
3 | probation, reprimand, refuse to issue or renew, or take any | ||||||
4 | other disciplinary or non-disciplinary action against the | ||||||
5 | license or permit issued under this Act to practice medicine to | ||||||
6 | a physician: | ||||||
7 | (1) based solely upon the recommendation of the | ||||||
8 | physician to an eligible patient regarding, or | ||||||
9 | prescription for, or treatment with, an investigational | ||||||
10 | drug, biological product, or device; or | ||||||
11 | (2) for experimental treatment for Lyme disease or | ||||||
12 | other tick-borne diseases, including, but not limited to, | ||||||
13 | the prescription of or treatment with long-term | ||||||
14 | antibiotics. | ||||||
15 | (D) The Disciplinary Board shall recommend to the
| ||||||
16 | Department civil
penalties and any other appropriate | ||||||
17 | discipline in disciplinary cases when the
Board finds that a | ||||||
18 | physician willfully performed an abortion with actual
| ||||||
19 | knowledge that the person upon whom the abortion has been | ||||||
20 | performed is a minor
or an incompetent person without notice as | ||||||
21 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
22 | Upon the Board's recommendation, the Department shall
impose, | ||||||
23 | for the first violation, a civil penalty of $1,000 and for a | ||||||
24 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
25 | (Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17; | ||||||
26 | 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff. |
| |||||||
| |||||||
1 | 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised | ||||||
2 | 12-19-18; 101-13, eff. 6-12-19.)
| ||||||
3 | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||||||
4 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
5 | Sec. 36. Investigation; notice. | ||||||
6 | (a) Upon the motion of either the Department
or the | ||||||
7 | Disciplinary Board or upon the verified complaint in
writing of | ||||||
8 | any person setting forth facts which, if proven,
would | ||||||
9 | constitute grounds for suspension or revocation under
Section | ||||||
10 | 22 of this Act, the Department shall investigate the
actions of | ||||||
11 | any person, so accused, who holds or represents
that they hold | ||||||
12 | a license. Such person is hereinafter called
the accused.
| ||||||
13 | (b) The Department shall, before suspending, revoking,
| ||||||
14 | placing on probationary status, or taking any other
| ||||||
15 | disciplinary action as the Department may deem proper with
| ||||||
16 | regard to any license at least 30 days prior to the date set
| ||||||
17 | for the hearing, notify the accused in writing of any
charges | ||||||
18 | made and the time and place for a hearing of the
charges before | ||||||
19 | the Disciplinary Board, direct them to file
their written | ||||||
20 | answer thereto to the Disciplinary Board under
oath within 20 | ||||||
21 | days after the service on them of such notice
and inform them | ||||||
22 | that if they fail to file such answer
default will be taken | ||||||
23 | against them and their license may be
suspended, revoked, | ||||||
24 | placed on probationary status, or have
other disciplinary | ||||||
25 | action, including limiting the scope,
nature or extent of their |
| |||||||
| |||||||
1 | practice, as the Department may
deem proper taken with regard | ||||||
2 | thereto. The Department shall, at least 14 days prior to the | ||||||
3 | date set for the hearing, notify in writing any person who | ||||||
4 | filed a complaint against the accused of the time and place for | ||||||
5 | the hearing of the charges against the accused before the | ||||||
6 | Disciplinary Board and inform such person whether he or she may | ||||||
7 | provide testimony at the hearing.
| ||||||
8 | (c) (Blank). Where a physician has been found, upon | ||||||
9 | complaint and
investigation of the Department, and after | ||||||
10 | hearing, to have
performed an abortion procedure in a wilful | ||||||
11 | and wanton
manner upon a woman who was not pregnant at the time | ||||||
12 | such
abortion procedure was performed, the Department shall
| ||||||
13 | automatically revoke the license of such physician to
practice | ||||||
14 | medicine in Illinois.
| ||||||
15 | (d) Such written notice and any notice in such proceedings
| ||||||
16 | thereafter may be served by delivery of the same,
personally, | ||||||
17 | to the accused person, or by mailing the same by
registered or | ||||||
18 | certified mail to the accused person's address of record.
| ||||||
19 | (e) All information gathered by the Department during its | ||||||
20 | investigation
including information subpoenaed
under Section | ||||||
21 | 23 or 38 of this Act and the investigative file shall be kept | ||||||
22 | for
the confidential use of the Secretary, Disciplinary Board, | ||||||
23 | the Medical
Coordinators, persons employed by contract to | ||||||
24 | advise the Medical Coordinator or
the Department, the
| ||||||
25 | Disciplinary Board's attorneys, the medical investigative | ||||||
26 | staff, and authorized
clerical staff, as provided in this Act |
| |||||||
| |||||||
1 | and shall be afforded the same status
as is provided | ||||||
2 | information concerning medical studies in Part 21 of Article
| ||||||
3 | VIII of the Code of Civil Procedure, except that the Department | ||||||
4 | may disclose information and documents to a federal, State, or | ||||||
5 | local law enforcement agency pursuant to a subpoena in an | ||||||
6 | ongoing criminal investigation to a health care licensing body | ||||||
7 | of this State or another state or jurisdiction pursuant to an | ||||||
8 | official request made by that licensing body. Furthermore, | ||||||
9 | information and documents disclosed to a federal, State, or | ||||||
10 | local law enforcement agency may be used by that agency only | ||||||
11 | for the investigation and prosecution of a criminal offense or, | ||||||
12 | in the case of disclosure to a health care licensing body, only | ||||||
13 | for investigations and disciplinary action proceedings with | ||||||
14 | regard to a license issued by that licensing body.
| ||||||
15 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
16 | Section 650. The Nurse Practice Act is amended by changing | ||||||
17 | Section 65-35 and 65-43 as follows:
| ||||||
18 | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
20 | Sec. 65-35. Written collaborative
agreements. | ||||||
21 | (a) A written collaborative agreement is required for all | ||||||
22 | advanced practice registered nurses engaged in clinical | ||||||
23 | practice prior to meeting the requirements of Section 65-43, | ||||||
24 | except for advanced practice registered nurses who are |
| |||||||
| |||||||
1 | privileged to practice in a hospital, hospital affiliate, or | ||||||
2 | ambulatory surgical treatment center. | ||||||
3 | (a-5) If an advanced practice registered nurse engages in | ||||||
4 | clinical practice outside of a hospital, hospital affiliate, or | ||||||
5 | ambulatory surgical treatment center in which he or she is | ||||||
6 | privileged to practice, the advanced practice registered nurse | ||||||
7 | must have a written collaborative agreement, except as set | ||||||
8 | forth in Section 65-43.
| ||||||
9 | (b) A written collaborative
agreement shall describe the | ||||||
10 | relationship of the
advanced practice registered nurse with the | ||||||
11 | collaborating
physician and shall describe the categories of
| ||||||
12 | care, treatment, or procedures to be provided by the advanced
| ||||||
13 | practice registered nurse. A collaborative agreement with a | ||||||
14 | podiatric physician must be in accordance with subsection (c-5) | ||||||
15 | or (c-15) of this Section. A collaborative agreement with a | ||||||
16 | dentist must be in accordance with subsection (c-10) of this | ||||||
17 | Section. A collaborative agreement with a podiatric physician | ||||||
18 | must be in accordance with subsection (c-5) of this Section. | ||||||
19 | Collaboration does not require an
employment relationship | ||||||
20 | between the collaborating physician
and the advanced practice | ||||||
21 | registered nurse.
| ||||||
22 | The collaborative
relationship under an agreement shall | ||||||
23 | not be
construed to require the personal presence of a | ||||||
24 | collaborating physician at the place where services are | ||||||
25 | rendered.
Methods of communication shall
be available for | ||||||
26 | consultation with the collaborating
physician in person or by |
| |||||||
| |||||||
1 | telecommunications or electronic communications as set forth | ||||||
2 | in the written
agreement.
| ||||||
3 | (b-5) Absent an employment relationship, a written | ||||||
4 | collaborative agreement may not (1) restrict the categories of | ||||||
5 | patients of an advanced practice registered nurse within the | ||||||
6 | scope of the advanced practice registered nurses training and | ||||||
7 | experience, (2) limit third party payors or government health | ||||||
8 | programs, such as the medical assistance program or Medicare | ||||||
9 | with which the advanced practice registered nurse contracts, or | ||||||
10 | (3) limit the geographic area or practice location of the | ||||||
11 | advanced practice registered nurse in this State. | ||||||
12 | (c)
In the case of anesthesia services provided by a | ||||||
13 | certified registered nurse anesthetist, an anesthesiologist, a | ||||||
14 | physician, a dentist, or a podiatric physician must participate | ||||||
15 | through discussion of and agreement with the anesthesia plan | ||||||
16 | and remain physically present and available on the premises | ||||||
17 | during the delivery of anesthesia services for diagnosis, | ||||||
18 | consultation, and treatment of emergency medical conditions.
| ||||||
19 | (c-5) A certified registered nurse anesthetist, who | ||||||
20 | provides anesthesia services outside of a hospital or | ||||||
21 | ambulatory surgical treatment center shall enter into a written | ||||||
22 | collaborative agreement with an anesthesiologist or the | ||||||
23 | physician licensed to practice medicine in all its branches or | ||||||
24 | the podiatric physician performing the procedure. Outside of a | ||||||
25 | hospital or ambulatory surgical treatment center, the | ||||||
26 | certified registered nurse anesthetist may provide only those |
| |||||||
| |||||||
1 | services that the collaborating podiatric physician is | ||||||
2 | authorized to provide pursuant to the Podiatric Medical | ||||||
3 | Practice Act of 1987 and rules adopted thereunder. A certified | ||||||
4 | registered nurse anesthetist may select, order, and administer | ||||||
5 | medication, including controlled substances, and apply | ||||||
6 | appropriate medical devices for delivery of anesthesia | ||||||
7 | services under the anesthesia plan agreed with by the | ||||||
8 | anesthesiologist or the operating physician or operating | ||||||
9 | podiatric physician. | ||||||
10 | (c-10) A certified registered nurse anesthetist who | ||||||
11 | provides anesthesia services in a dental office shall enter | ||||||
12 | into a written collaborative agreement with an | ||||||
13 | anesthesiologist or the physician licensed to practice | ||||||
14 | medicine in all its branches or the operating dentist | ||||||
15 | performing the procedure. The agreement shall describe the | ||||||
16 | working relationship of the certified registered nurse | ||||||
17 | anesthetist and dentist and shall authorize the categories of | ||||||
18 | care, treatment, or procedures to be performed by the certified | ||||||
19 | registered nurse anesthetist. In a collaborating dentist's | ||||||
20 | office, the certified registered nurse anesthetist may only | ||||||
21 | provide those services that the operating dentist with the | ||||||
22 | appropriate permit is authorized to provide pursuant to the | ||||||
23 | Illinois Dental Practice Act and rules adopted thereunder. For | ||||||
24 | anesthesia services, an anesthesiologist, physician, or | ||||||
25 | operating dentist shall participate through discussion of and | ||||||
26 | agreement with the anesthesia plan and shall remain physically |
| |||||||
| |||||||
1 | present and be available on the premises during the delivery of | ||||||
2 | anesthesia services for diagnosis, consultation, and treatment | ||||||
3 | of emergency medical conditions. A certified registered nurse | ||||||
4 | anesthetist may select, order, and administer medication, | ||||||
5 | including controlled substances, and apply appropriate medical | ||||||
6 | devices for delivery of anesthesia services under the | ||||||
7 | anesthesia plan agreed with by the operating dentist. | ||||||
8 | (c-15) An advanced practice registered nurse who had a | ||||||
9 | written collaborative agreement with a podiatric physician | ||||||
10 | immediately before the effective date of Public Act 100-513 may | ||||||
11 | continue in that collaborative relationship or enter into a new | ||||||
12 | written collaborative relationship with a podiatric physician | ||||||
13 | under the requirements of this Section and Section 65-40, as | ||||||
14 | those Sections existed immediately before the amendment of | ||||||
15 | those Sections by Public Act 100-513 with regard to a written | ||||||
16 | collaborative agreement between an advanced practice | ||||||
17 | registered nurse and a podiatric physician. | ||||||
18 | (d) A copy of the signed, written collaborative agreement | ||||||
19 | must be available
to the Department upon request from both the | ||||||
20 | advanced practice registered nurse
and the collaborating | ||||||
21 | physician, dentist, or podiatric physician. | ||||||
22 | (e) Nothing in this Act shall be construed to limit the | ||||||
23 | delegation of tasks or duties by a physician to a licensed | ||||||
24 | practical nurse, a registered professional nurse, or other | ||||||
25 | persons in accordance with Section 54.2 of the Medical Practice | ||||||
26 | Act of 1987. Nothing in this Act shall be construed to limit |
| |||||||
| |||||||
1 | the method of delegation that may be authorized by any means, | ||||||
2 | including, but not limited to, oral, written, electronic, | ||||||
3 | standing orders, protocols, guidelines, or verbal orders. | ||||||
4 | (e-5) Nothing in this Act shall be construed to authorize | ||||||
5 | an advanced practice registered nurse to provide health care | ||||||
6 | services required by law or rule to be performed by a | ||||||
7 | physician . The scope of practice of an advanced practice | ||||||
8 | registered nurse does not include operative surgery. Nothing in | ||||||
9 | this Section shall be construed to preclude an advanced | ||||||
10 | practice registered nurse from assisting in surgery , including | ||||||
11 | those acts to be performed by a physician in Section 3.1 of the | ||||||
12 | Illinois Abortion Law of 2019 . | ||||||
13 | (f) An advanced
practice registered nurse shall inform each | ||||||
14 | collaborating physician, dentist, or podiatric physician of | ||||||
15 | all collaborative
agreements he or she
has signed and provide a | ||||||
16 | copy of these to any collaborating physician, dentist, or | ||||||
17 | podiatric physician upon
request.
| ||||||
18 | (g) (Blank). | ||||||
19 | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18; | ||||||
20 | 100-577, eff. 1-26-18; 100-1096, eff. 8-26-18; 101-13, eff. | ||||||
21 | 6-12-19.)
| ||||||
22 | (225 ILCS 65/65-43) | ||||||
23 | (Section scheduled to be repealed on January 1, 2028) | ||||||
24 | Sec. 65-43. Full practice authority. | ||||||
25 | (a) An Illinois-licensed advanced practice registered |
| |||||||
| |||||||
1 | nurse certified as a nurse practitioner, nurse midwife, or | ||||||
2 | clinical nurse specialist shall be deemed by law to possess the | ||||||
3 | ability to practice without a written collaborative agreement | ||||||
4 | as set forth in this Section. | ||||||
5 | (b) An advanced practice registered nurse certified as a | ||||||
6 | nurse midwife, clinical nurse specialist, or nurse | ||||||
7 | practitioner who files with the Department a notarized | ||||||
8 | attestation of completion of at least 250 hours of continuing | ||||||
9 | education or training and at least 4,000 hours of clinical | ||||||
10 | experience after first attaining national certification shall | ||||||
11 | not require a written collaborative agreement, except as | ||||||
12 | specified in subsection (c). Documentation of successful | ||||||
13 | completion shall be provided to the Department upon request. | ||||||
14 | Continuing education or training hours required by | ||||||
15 | subsection (b) shall be in the advanced practice registered | ||||||
16 | nurse's area of certification as set forth by Department rule. | ||||||
17 | The clinical experience must be in the advanced practice | ||||||
18 | registered nurse's area of certification. The clinical | ||||||
19 | experience shall be in collaboration with a physician or | ||||||
20 | physicians. Completion of the clinical experience must be | ||||||
21 | attested to by the collaborating physician or physicians and | ||||||
22 | the advanced practice registered nurse. | ||||||
23 | (c) The scope of practice of an advanced practice | ||||||
24 | registered nurse with full practice authority includes: | ||||||
25 | (1) all matters included in subsection (c) of Section | ||||||
26 | 65-30 of this Act; |
| |||||||
| |||||||
1 | (2) practicing without a written collaborative | ||||||
2 | agreement in all practice settings consistent with | ||||||
3 | national certification; | ||||||
4 | (3) authority to prescribe both legend drugs and | ||||||
5 | Schedule II through V controlled substances; this | ||||||
6 | authority includes prescription of, selection of, orders | ||||||
7 | for, administration of, storage of, acceptance of samples | ||||||
8 | of, and dispensing over the counter medications, legend | ||||||
9 | drugs, and controlled substances categorized as any | ||||||
10 | Schedule II through V controlled substances, as defined in | ||||||
11 | Article II of the Illinois Controlled Substances Act, and | ||||||
12 | other preparations, including, but not limited to, | ||||||
13 | botanical and herbal remedies; | ||||||
14 | (4) prescribing benzodiazepines or Schedule II | ||||||
15 | narcotic drugs, such as opioids, only in a consultation | ||||||
16 | relationship with a physician; this consultation | ||||||
17 | relationship shall be recorded in the Prescription | ||||||
18 | Monitoring Program website, pursuant to Section 316 of the | ||||||
19 | Illinois Controlled Substances Act, by the physician and | ||||||
20 | advanced practice registered nurse with full practice | ||||||
21 | authority and is not required to be filed with the | ||||||
22 | Department; the specific Schedule II narcotic drug must be | ||||||
23 | identified by either brand name or generic name; the | ||||||
24 | specific Schedule II narcotic drug, such as an opioid, may | ||||||
25 | be administered by oral dosage or topical or transdermal | ||||||
26 | application; delivery by injection or other route of |
| |||||||
| |||||||
1 | administration is not permitted; at least monthly, the | ||||||
2 | advanced practice registered nurse and the physician must | ||||||
3 | discuss the condition of any patients for whom a | ||||||
4 | benzodiazepine or opioid is prescribed; nothing in this | ||||||
5 | subsection shall be construed to require a prescription by | ||||||
6 | an advanced practice registered nurse with full practice | ||||||
7 | authority to require a physician name; | ||||||
8 | (5) authority to obtain an Illinois controlled | ||||||
9 | substance license and a federal Drug Enforcement | ||||||
10 | Administration number; and | ||||||
11 | (6) use of only local anesthetic. | ||||||
12 | The scope of practice of an advanced practice registered | ||||||
13 | nurse does not include operative surgery. Nothing in this | ||||||
14 | Section shall be construed to preclude an advanced practice | ||||||
15 | registered nurse from assisting in surgery. | ||||||
16 | (d) The Department may adopt rules necessary to administer | ||||||
17 | this Section, including, but not limited to, requiring the | ||||||
18 | completion of forms and the payment of fees. | ||||||
19 | (e) Nothing in this Act shall be construed to authorize an | ||||||
20 | advanced practice registered nurse with full practice | ||||||
21 | authority to provide health care services required by law or | ||||||
22 | rule to be performed by a physician , including, but not limited | ||||||
23 | to, those acts to be performed by a physician in Section 3.1 of | ||||||
24 | the Illinois Abortion Law of 2019 .
| ||||||
25 | (Source: P.A. 100-513, eff. 1-1-18; 101-13, eff. 6-12-19.) |
| |||||||
| |||||||
1 | Section 653. The Physician Assistant Practice Act of 1987 | ||||||
2 | is amended by changing Section 7.5 as follows:
| ||||||
3 | (225 ILCS 95/7.5)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
5 | Sec. 7.5. Written collaborative agreements; prescriptive | ||||||
6 | authority. | ||||||
7 | (a) A written collaborative agreement is required for all | ||||||
8 | physician assistants to practice in the State, except as | ||||||
9 | provided in Section 7.7 of this Act. | ||||||
10 | (1) A written collaborative agreement shall describe | ||||||
11 | the working relationship of the physician assistant with | ||||||
12 | the collaborating physician and shall describe the | ||||||
13 | categories of care, treatment, or procedures to be provided | ||||||
14 | by the physician assistant.
The written collaborative | ||||||
15 | agreement shall promote the exercise of professional | ||||||
16 | judgment by the physician assistant commensurate with his | ||||||
17 | or her education and experience. The services to be | ||||||
18 | provided by the physician assistant shall be services that | ||||||
19 | the collaborating physician is authorized to and generally | ||||||
20 | provides to his or her patients in the normal course of his | ||||||
21 | or her clinical medical practice. The written | ||||||
22 | collaborative agreement need not describe the exact steps | ||||||
23 | that a physician assistant must take with respect to each | ||||||
24 | specific condition, disease, or symptom but must specify | ||||||
25 | which authorized procedures require the presence of the |
| |||||||
| |||||||
1 | collaborating physician as the procedures are being | ||||||
2 | performed. The relationship under a written collaborative | ||||||
3 | agreement shall not be construed to require the personal | ||||||
4 | presence of a physician at the place where services are | ||||||
5 | rendered. Methods of communication shall be available for | ||||||
6 | consultation with the collaborating physician in person or | ||||||
7 | by telecommunications or electronic communications as set | ||||||
8 | forth in the written collaborative agreement. For the | ||||||
9 | purposes of this Act, "generally provides to his or her | ||||||
10 | patients in the normal course of his or her clinical | ||||||
11 | medical practice" means services, not specific tasks or | ||||||
12 | duties, the collaborating physician routinely provides | ||||||
13 | individually or through delegation to other persons so that | ||||||
14 | the physician has the experience and ability to collaborate | ||||||
15 | and provide consultation. | ||||||
16 | (2) The written collaborative agreement shall be | ||||||
17 | adequate if a physician does each of the following: | ||||||
18 | (A) Participates in the joint formulation and | ||||||
19 | joint approval of orders or guidelines with the | ||||||
20 | physician assistant and he or she periodically reviews | ||||||
21 | such orders and the services provided patients under | ||||||
22 | such orders in accordance with accepted standards of | ||||||
23 | medical practice and physician assistant practice. | ||||||
24 | (B) Provides consultation at least once a month. | ||||||
25 | (3) A copy of the signed, written collaborative | ||||||
26 | agreement must be available to the Department upon request |
| |||||||
| |||||||
1 | from both the physician assistant and the collaborating | ||||||
2 | physician. | ||||||
3 | (4) A physician assistant shall inform each | ||||||
4 | collaborating physician of all written collaborative | ||||||
5 | agreements he or she has signed and provide a copy of these | ||||||
6 | to any collaborating physician upon request. | ||||||
7 | (b) A collaborating physician may, but is not required to, | ||||||
8 | delegate prescriptive authority to a physician assistant as | ||||||
9 | part of a written collaborative agreement. This authority may, | ||||||
10 | but is not required to, include prescription of, selection of, | ||||||
11 | orders for, administration of, storage of, acceptance of | ||||||
12 | samples of, and dispensing medical devices, over the counter | ||||||
13 | medications, legend drugs, medical gases, and controlled | ||||||
14 | substances categorized as Schedule II through V controlled | ||||||
15 | substances, as defined in Article II of the Illinois Controlled | ||||||
16 | Substances Act, and other preparations, including, but not | ||||||
17 | limited to, botanical and herbal remedies. The collaborating | ||||||
18 | physician must have a valid, current Illinois controlled | ||||||
19 | substance license and federal registration with the Drug | ||||||
20 | Enforcement Agency to delegate the authority to prescribe | ||||||
21 | controlled substances. | ||||||
22 | (1) To prescribe Schedule II, III, IV, or V controlled | ||||||
23 | substances under this
Section, a physician assistant must | ||||||
24 | obtain a mid-level practitioner
controlled substances | ||||||
25 | license. Medication orders issued by a
physician
assistant | ||||||
26 | shall be reviewed
periodically by the collaborating |
| |||||||
| |||||||
1 | physician. | ||||||
2 | (2) The collaborating physician shall file
with the | ||||||
3 | Department notice of delegation of prescriptive authority | ||||||
4 | to a
physician assistant and
termination of delegation, | ||||||
5 | specifying the authority delegated or terminated.
Upon | ||||||
6 | receipt of this notice delegating authority to prescribe | ||||||
7 | controlled substances, the physician assistant shall be | ||||||
8 | eligible to
register for a mid-level practitioner | ||||||
9 | controlled substances license under
Section 303.05 of the | ||||||
10 | Illinois Controlled Substances Act.
Nothing in this Act | ||||||
11 | shall be construed to limit the delegation of tasks or
| ||||||
12 | duties by the collaborating physician to a nurse or other | ||||||
13 | appropriately trained
persons in accordance with Section | ||||||
14 | 54.2 of the Medical Practice Act of 1987.
| ||||||
15 | (3) In addition to the requirements of this subsection | ||||||
16 | (b), a collaborating physician may, but is not required to, | ||||||
17 | delegate authority to a physician assistant to prescribe | ||||||
18 | Schedule II controlled substances, if all of the following | ||||||
19 | conditions apply: | ||||||
20 | (A) Specific Schedule II controlled substances by | ||||||
21 | oral dosage or topical or transdermal application may | ||||||
22 | be delegated, provided that the delegated Schedule II | ||||||
23 | controlled substances are routinely prescribed by the | ||||||
24 | collaborating physician. This delegation must identify | ||||||
25 | the specific Schedule II controlled substances by | ||||||
26 | either brand name or generic name. Schedule II |
| |||||||
| |||||||
1 | controlled substances to be delivered by injection or | ||||||
2 | other route of administration may not be delegated. | ||||||
3 | (B) (Blank). | ||||||
4 | (C) Any prescription must be limited to no more | ||||||
5 | than a 30-day supply, with any continuation authorized | ||||||
6 | only after prior approval of the collaborating | ||||||
7 | physician. | ||||||
8 | (D) The physician assistant must discuss the | ||||||
9 | condition of any patients for whom a controlled | ||||||
10 | substance is prescribed monthly with the collaborating | ||||||
11 | physician. | ||||||
12 | (E) The physician assistant meets the education | ||||||
13 | requirements of Section 303.05 of the Illinois | ||||||
14 | Controlled Substances Act. | ||||||
15 | (c) Nothing in this Act shall be construed to limit the | ||||||
16 | delegation of tasks or duties by a physician to a licensed | ||||||
17 | practical nurse, a registered professional nurse, or other | ||||||
18 | persons. Nothing in this Act shall be construed to limit the | ||||||
19 | method of delegation that may be authorized by any means, | ||||||
20 | including, but not limited to, oral, written, electronic, | ||||||
21 | standing orders, protocols, guidelines, or verbal orders. | ||||||
22 | Nothing in this Act shall be construed to authorize a physician | ||||||
23 | assistant to provide health care services required by law or | ||||||
24 | rule to be performed by a physician. Nothing in this Act shall | ||||||
25 | be construed to authorize the delegation or performance of | ||||||
26 | operative surgery. Nothing in this Section shall be construed |
| |||||||
| |||||||
1 | to preclude a physician assistant from assisting in surgery. | ||||||
2 | (c-5) Nothing in this Section shall be construed to apply
| ||||||
3 | to any medication authority, including Schedule II controlled
| ||||||
4 | substances of a licensed physician assistant for care provided
| ||||||
5 | in a hospital, hospital affiliate, or ambulatory surgical
| ||||||
6 | treatment center pursuant to Section 7.7 of this Act.
| ||||||
7 | (d) (Blank). | ||||||
8 | (e) Nothing in this Section shall be construed to prohibit | ||||||
9 | generic substitution. | ||||||
10 | (Source: P.A. 100-453, eff. 8-25-17; 101-13, eff. 6-12-19.)
| ||||||
11 | Section 655. The Vital Records Act is amended by changing | ||||||
12 | Section 1 as follows:
| ||||||
13 | (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
| ||||||
14 | Sec. 1. As used in this Act, unless the context otherwise | ||||||
15 | requires:
| ||||||
16 | (1) "Vital records" means records of births, deaths, fetal | ||||||
17 | deaths,
marriages, dissolution of marriages, and data related | ||||||
18 | thereto.
| ||||||
19 | (2) "System of vital records" includes the registration, | ||||||
20 | collection,
preservation, amendment, and certification of | ||||||
21 | vital records, and
activities related thereto.
| ||||||
22 | (3) "Filing" means the presentation of a certificate, | ||||||
23 | report, or
other record provided for in this Act, of a birth, | ||||||
24 | death, fetal death,
adoption, marriage, or dissolution of |
| |||||||
| |||||||
1 | marriage, for registration by the Office of Vital
Records.
| ||||||
2 | (4) "Registration" means the acceptance by the Office of | ||||||
3 | Vital
Records and the incorporation in its official records of | ||||||
4 | certificates,
reports, or other records provided for in this | ||||||
5 | Act, of births, deaths,
fetal deaths, adoptions, marriages, or | ||||||
6 | dissolution of marriages.
| ||||||
7 | (5) "Live birth" means the complete expulsion or extraction | ||||||
8 | from its
mother of a product of human conception, irrespective | ||||||
9 | of the duration of
pregnancy, which after such separation | ||||||
10 | breathes or shows any other
evidence of life such as beating of | ||||||
11 | the heart, pulsation of the
umbilical cord, or definite | ||||||
12 | movement of voluntary muscles, whether or
not the umbilical | ||||||
13 | cord has been cut or the placenta is attached.
| ||||||
14 | (6) "Fetal death" means death prior to the complete | ||||||
15 | expulsion or
extraction from the uterus its mother of a product | ||||||
16 | of human conception,
irrespective of the duration of pregnancy , | ||||||
17 | and which is not due to an abortion as defined in Section 1-10 | ||||||
18 | of the Reproductive Health Act. ; The the death is indicated by | ||||||
19 | the
fact that after such separation the fetus does not breathe | ||||||
20 | or show any
other evidence of life such as beating of the | ||||||
21 | heart, pulsation of the
umbilical cord, or definite movement of | ||||||
22 | voluntary muscles.
| ||||||
23 | (7) "Dead body" means a lifeless human body or parts of | ||||||
24 | such body or
bones thereof from the state of which it may | ||||||
25 | reasonably be concluded
that death has occurred.
| ||||||
26 | (8) "Final disposition" means the burial, cremation, or |
| |||||||
| |||||||
1 | other
disposition of a dead human body or fetus or parts | ||||||
2 | thereof.
| ||||||
3 | (9) "Physician" means a person licensed to practice | ||||||
4 | medicine in
Illinois or any other state.
| ||||||
5 | (10) "Institution" means any establishment, public or | ||||||
6 | private, which
provides in-patient medical, surgical, or | ||||||
7 | diagnostic care or treatment,
or nursing, custodial, or | ||||||
8 | domiciliary care to 2 or more unrelated
individuals, or to | ||||||
9 | which persons are committed by law.
| ||||||
10 | (11) "Department" means the Department of Public Health of | ||||||
11 | the State
of Illinois.
| ||||||
12 | (12) "Director" means the Director of the Illinois | ||||||
13 | Department of
Public Health.
| ||||||
14 | (13) "Licensed health care professional" means a person | ||||||
15 | licensed to practice as a physician, advanced practice | ||||||
16 | registered nurse, or physician assistant in Illinois or any | ||||||
17 | other state. | ||||||
18 | (14) "Licensed mental health professional" means a person | ||||||
19 | who is licensed or registered to provide mental health services | ||||||
20 | by the Department of Financial and Professional Regulation or a | ||||||
21 | board of registration duly authorized to register or grant | ||||||
22 | licenses to persons engaged in the practice of providing mental | ||||||
23 | health services in Illinois or any other state. | ||||||
24 | (15) "Intersex condition" means a condition in which a | ||||||
25 | person is born with a reproductive or sexual anatomy or | ||||||
26 | chromosome pattern that does not fit typical definitions of |
| |||||||
| |||||||
1 | male or female. | ||||||
2 | (16) "Homeless person" means an individual who meets the | ||||||
3 | definition of "homeless" under Section 103 of the federal | ||||||
4 | McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an | ||||||
5 | individual residing in any of the living situations described | ||||||
6 | in 42 U.S.C. 11434a(2). | ||||||
7 | (Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18; | ||||||
8 | 100-863, eff. 8-14-18; 101-13, eff. 6-12-19.)
| ||||||
9 | Section 660. The Environmental Protection Act is amended by | ||||||
10 | changing Section 56.1 as follows: | ||||||
11 | (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
| ||||||
12 | Sec. 56.1. Acts prohibited.
| ||||||
13 | (A) No person shall:
| ||||||
14 | (a) Cause or allow the disposal of any potentially | ||||||
15 | infectious medical
waste. Sharps may be disposed in any | ||||||
16 | landfill permitted by the Agency under
Section 21 of this | ||||||
17 | Act to accept municipal waste for disposal, if both:
| ||||||
18 | (1) the infectious potential has been eliminated | ||||||
19 | from the sharps by
treatment; and
| ||||||
20 | (2) the sharps are packaged in accordance with | ||||||
21 | Board regulations.
| ||||||
22 | (b) Cause or allow the delivery of any potentially | ||||||
23 | infectious medical
waste for transport, storage, | ||||||
24 | treatment, or transfer except in accordance
with Board |
| |||||||
| |||||||
1 | regulations.
| ||||||
2 | (c) Beginning July 1, 1992, cause or allow the delivery | ||||||
3 | of any
potentially infectious medical waste to a person or | ||||||
4 | facility for storage,
treatment, or transfer that does not | ||||||
5 | have a permit issued by the agency to
receive potentially | ||||||
6 | infectious medical waste, unless no permit is required
| ||||||
7 | under subsection (g)(1).
| ||||||
8 | (d) Beginning July 1, 1992, cause or allow the delivery | ||||||
9 | or transfer of
any potentially infectious medical waste for | ||||||
10 | transport unless:
| ||||||
11 | (1) the transporter has a permit issued by the | ||||||
12 | Agency to transport
potentially infectious medical | ||||||
13 | waste, or the transporter is exempt from the
permit | ||||||
14 | requirement set forth in subsection (f)(l).
| ||||||
15 | (2) a potentially infectious medical waste | ||||||
16 | manifest is completed for
the waste if a manifest is | ||||||
17 | required under subsection (h).
| ||||||
18 | (e) Cause or allow the acceptance of any potentially | ||||||
19 | infectious medical
waste for purposes of transport, | ||||||
20 | storage, treatment, or transfer except in
accordance with | ||||||
21 | Board regulations.
| ||||||
22 | (f) Beginning July 1, 1992, conduct any potentially | ||||||
23 | infectious medical
waste transportation operation:
| ||||||
24 | (1) Without a permit issued by the Agency to | ||||||
25 | transport potentially
infectious medical waste. No | ||||||
26 | permit is required under this provision (f)(1)
for:
|
| |||||||
| |||||||
1 | (A) a person transporting potentially | ||||||
2 | infectious medical waste
generated solely by that | ||||||
3 | person's activities;
| ||||||
4 | (B) noncommercial transportation of less than | ||||||
5 | 50 pounds of potentially
infectious medical waste | ||||||
6 | at any one
time; or
| ||||||
7 | (C) the U.S. Postal Service.
| ||||||
8 | (2) In violation of any condition of any permit | ||||||
9 | issued by the Agency
under this Act.
| ||||||
10 | (3) In violation of any regulation adopted by the | ||||||
11 | Board.
| ||||||
12 | (4) In violation of any order adopted by the Board | ||||||
13 | under this Act.
| ||||||
14 | (g) Beginning July 1, 1992, conduct any potentially | ||||||
15 | infectious medical
waste treatment, storage, or transfer | ||||||
16 | operation:
| ||||||
17 | (1) without a permit issued by the Agency that | ||||||
18 | specifically
authorizes the treatment, storage, or | ||||||
19 | transfer of potentially infectious
medical waste. No | ||||||
20 | permit is required under this subsection (g) or | ||||||
21 | subsection (d)(1) of Section 21 for any:
| ||||||
22 | (A) Person conducting a potentially infectious | ||||||
23 | medical waste
treatment, storage, or transfer | ||||||
24 | operation for potentially infectious
medical waste | ||||||
25 | generated by the person's own activities that are | ||||||
26 | treated,
stored, or transferred within the site |
| |||||||
| |||||||
1 | where the potentially infectious
medical waste is | ||||||
2 | generated.
| ||||||
3 | (B) Hospital that treats, stores, or transfers | ||||||
4 | only potentially
infectious medical waste | ||||||
5 | generated by its own activities or by members of | ||||||
6 | its
medical staff.
| ||||||
7 | (C) Sharps collection station that is operated | ||||||
8 | in accordance with
Section 56.7.
| ||||||
9 | (2) in violation of any condition of any permit | ||||||
10 | issued by the Agency
under this Act.
| ||||||
11 | (3) in violation of any regulation adopted by the | ||||||
12 | Board.
| ||||||
13 | (4) In violation of any order adopted by the Board | ||||||
14 | under this Act.
| ||||||
15 | (h) Transport potentially infectious medical waste | ||||||
16 | unless the
transporter carries a completed potentially | ||||||
17 | infectious medical waste
manifest. No manifest is required | ||||||
18 | for the transportation of:
| ||||||
19 | (1) potentially infectious medical waste being | ||||||
20 | transported by
generators who generated the waste by | ||||||
21 | their own activities, when the
potentially infectious | ||||||
22 | medical waste is transported within or between sites
or | ||||||
23 | facilities owned, controlled, or operated by that | ||||||
24 | person;
| ||||||
25 | (2) less than 50 pounds of potentially infectious | ||||||
26 | medical waste at
any one time for a noncommercial
|
| |||||||
| |||||||
1 | transportation activity; or
| ||||||
2 | (3) potentially infectious medical waste by the | ||||||
3 | U.S. Postal Service.
| ||||||
4 | (i) Offer for transportation, transport, deliver, | ||||||
5 | receive or accept
potentially infectious medical waste for | ||||||
6 | which a manifest is required,
unless the manifest indicates | ||||||
7 | that the fee required under Section 56.4 of
this Act has | ||||||
8 | been paid.
| ||||||
9 | (j) Beginning January 1, 1994, conduct a potentially | ||||||
10 | infectious medical
waste treatment operation at an | ||||||
11 | incinerator in existence on the effective
date of this | ||||||
12 | Title in violation of emission standards established
for | ||||||
13 | these incinerators under Section 129 of the Clean Air Act | ||||||
14 | (42 USC 7429),
as amended.
| ||||||
15 | (k) Beginning July 1, 2015, knowingly mix household | ||||||
16 | sharps, including, but not limited to, hypodermic, | ||||||
17 | intravenous, or other medical needles or syringes or other | ||||||
18 | medical household waste containing used or unused sharps, | ||||||
19 | including, but not limited to, hypodermic, intravenous, or | ||||||
20 | other medical needles or syringes or other sharps, with any | ||||||
21 | other material intended for collection as a recyclable | ||||||
22 | material by a residential hauler. | ||||||
23 | (l) Beginning on July 1, 2015, knowingly place | ||||||
24 | household sharps into a container intended for collection | ||||||
25 | by a residential hauler for processing at a recycling | ||||||
26 | center. |
| |||||||
| |||||||
1 | (B) In making its orders and determinations relative to
| ||||||
2 | penalties, if any, to be imposed for violating subdivision | ||||||
3 | (A)(a) of
this Section, the Board, in addition to the
factors | ||||||
4 | in Sections 33(c) and 42(h) of this Act, or the Court shall | ||||||
5 | take into
consideration whether the owner or operator of the | ||||||
6 | landfill reasonably relied
on written statements from the | ||||||
7 | person generating or treating the waste that
the waste is not | ||||||
8 | potentially infectious medical waste.
| ||||||
9 | (C) Notwithstanding subsection (A) or any other provision | ||||||
10 | of law, including the Vital Records Act, tissue and products | ||||||
11 | from an abortion, as defined in Section 1-10 of the | ||||||
12 | Reproductive Health Act, or a miscarriage may be buried, | ||||||
13 | entombed, or cremated. | ||||||
14 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
15 | Section 665. The Criminal Code of 2012 is amended by | ||||||
16 | changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:
| ||||||
17 | (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
| ||||||
18 | Sec. 9-1.2. Intentional Homicide of an Unborn Child.
| ||||||
19 | (a) A person
commits the offense of intentional homicide of | ||||||
20 | an unborn child if, in
performing acts which cause the death of | ||||||
21 | an unborn child, he without lawful
justification:
| ||||||
22 | (1) either intended to cause the death of or do great | ||||||
23 | bodily harm to the
pregnant individual woman or her unborn | ||||||
24 | child or knew that such acts would cause death
or great |
| |||||||
| |||||||
1 | bodily harm to the pregnant individual woman or her unborn | ||||||
2 | child; or
| ||||||
3 | (2) knew that his acts created a strong probability of | ||||||
4 | death or great
bodily harm to the pregnant individual woman | ||||||
5 | or her unborn child; and
| ||||||
6 | (3) knew that the individual woman was pregnant.
| ||||||
7 | (b) For purposes of this Section, (1) "unborn child" shall | ||||||
8 | mean any
individual of the human species from the implantation | ||||||
9 | of an embryo fertilization until birth, and (2)
"person" shall | ||||||
10 | not include the pregnant woman whose unborn child is killed.
| ||||||
11 | (c) This Section shall not apply to acts which cause the | ||||||
12 | death of an
unborn child if those acts were committed during | ||||||
13 | any abortion, as defined
in Section 1-10 of the Reproductive | ||||||
14 | Health Act, Section 2 of the Illinois Abortion Law of 2019, as | ||||||
15 | amended, to which the
pregnant individual woman has consented. | ||||||
16 | This Section shall not apply to acts which
were committed | ||||||
17 | pursuant to usual and customary standards of medical
practice | ||||||
18 | during diagnostic testing or therapeutic treatment.
| ||||||
19 | (d) Penalty. The sentence for intentional homicide of an | ||||||
20 | unborn child
shall be the same as for first degree murder, | ||||||
21 | except that:
| ||||||
22 | (1) the death penalty may not be imposed;
| ||||||
23 | (2) if the person committed the offense while armed | ||||||
24 | with a firearm, 15
years shall be added to the term of | ||||||
25 | imprisonment imposed by the court;
| ||||||
26 | (3) if, during the commission of the offense, the |
| |||||||
| |||||||
1 | person personally
discharged a firearm, 20 years shall be | ||||||
2 | added to the term of imprisonment
imposed by the court;
| ||||||
3 | (4) if, during the commission of the offense, the | ||||||
4 | person personally
discharged a firearm that proximately | ||||||
5 | caused great bodily harm, permanent
disability, permanent | ||||||
6 | disfigurement, or death to another person, 25 years or up
| ||||||
7 | to a term of natural life shall be added to the term of | ||||||
8 | imprisonment imposed by
the court.
| ||||||
9 | (e) The provisions of this Act shall not be construed to | ||||||
10 | prohibit the
prosecution of any person under any other | ||||||
11 | provision of law.
| ||||||
12 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
13 | (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
| ||||||
14 | Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a) | ||||||
15 | A person
who kills an unborn child without lawful justification | ||||||
16 | commits voluntary
manslaughter of an unborn child if at the | ||||||
17 | time of the killing he is acting
under a sudden and
intense | ||||||
18 | passion resulting from serious provocation by
another whom the | ||||||
19 | offender endeavors to kill, but he negligently or
accidentally | ||||||
20 | causes the death of the unborn child.
| ||||||
21 | Serious provocation is conduct sufficient to excite an | ||||||
22 | intense passion in
a reasonable person.
| ||||||
23 | (b) A person who intentionally or knowingly kills an unborn | ||||||
24 | child
commits voluntary manslaughter of an unborn child if at | ||||||
25 | the time of the
killing he believes the circumstances to be |
| |||||||
| |||||||
1 | such that, if they existed,
would justify or exonerate the | ||||||
2 | killing under the principles stated in
Article 7 of this Code, | ||||||
3 | but his belief is unreasonable.
| ||||||
4 | (c) Sentence.
Voluntary Manslaughter of an unborn child is | ||||||
5 | a Class 1 felony.
| ||||||
6 | (d) For purposes of this Section, (1) "unborn child" shall | ||||||
7 | mean any
individual of the human species from the implantation | ||||||
8 | of an embryo fertilization until birth, and (2)
"person" shall | ||||||
9 | not include the pregnant individual woman whose unborn child is | ||||||
10 | killed.
| ||||||
11 | (e) This Section shall not apply to acts which cause the | ||||||
12 | death of an
unborn child if those acts were committed during | ||||||
13 | any abortion, as defined
in Section 1-10 of the Reproductive | ||||||
14 | Health Act, Section 2 of the Illinois Abortion Law of 2019, as | ||||||
15 | amended, to which the
pregnant individual woman has
consented. | ||||||
16 | This Section shall not apply to acts which were committed
| ||||||
17 | pursuant to usual and customary standards of medical practice | ||||||
18 | during
diagnostic testing or therapeutic treatment.
| ||||||
19 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
20 | (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
| ||||||
21 | Sec. 9-3.2.
Involuntary Manslaughter and Reckless Homicide | ||||||
22 | of an
Unborn Child. (a) A person who unintentionally kills an | ||||||
23 | unborn child
without lawful justification commits involuntary | ||||||
24 | manslaughter of an unborn
child if his acts whether lawful or | ||||||
25 | unlawful which cause the death are such
as are likely to cause |
| |||||||
| |||||||
1 | death or great bodily harm to some individual, and
he performs | ||||||
2 | them recklessly, except in cases in which the cause of death
| ||||||
3 | consists of the driving of a motor vehicle, in which case the | ||||||
4 | person
commits reckless homicide of an unborn child.
| ||||||
5 | (b) Sentence.
| ||||||
6 | (1) Involuntary manslaughter of an unborn child is a Class | ||||||
7 | 3 felony.
| ||||||
8 | (2) Reckless homicide of an unborn child is a Class 3 | ||||||
9 | felony.
| ||||||
10 | (c) For purposes of this Section, (1) "unborn child" shall | ||||||
11 | mean any
individual of the human species from the implantation | ||||||
12 | of an embryo fertilization until birth, and (2)
"person" shall | ||||||
13 | not include the pregnant individual woman whose unborn child is | ||||||
14 | killed.
| ||||||
15 | (d) This Section shall not apply to acts which cause the | ||||||
16 | death of an
unborn child if those acts were committed during | ||||||
17 | any abortion, as defined
in Section 1-10 of the Reproductive | ||||||
18 | Health Act, Section 2 of the Illinois Abortion Law of 2019, as | ||||||
19 | amended , to which the
pregnant individual woman has
consented. | ||||||
20 | This Section shall not apply to acts which were committed
| ||||||
21 | pursuant to usual and customary standards of medical practice | ||||||
22 | during
diagnostic testing or therapeutic treatment.
| ||||||
23 | (e) The provisions of this Section shall not be construed | ||||||
24 | to prohibit
the prosecution of any person under any other | ||||||
25 | provision of law, nor shall
it be construed to preclude any | ||||||
26 | civil cause of action.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
2 | (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
| ||||||
3 | Sec. 12-3.1. Battery of an unborn child; aggravated battery | ||||||
4 | of an unborn child. | ||||||
5 | (a) A person commits battery
of an unborn child if he or | ||||||
6 | she knowingly without legal
justification and by any means | ||||||
7 | causes bodily harm to an unborn child.
| ||||||
8 | (a-5) A person commits aggravated battery of an unborn | ||||||
9 | child when, in committing a battery of an unborn child, he or | ||||||
10 | she knowingly causes great bodily harm or permanent disability | ||||||
11 | or disfigurement to an unborn child. | ||||||
12 | (b) For purposes of this Section, (1) "unborn child" shall | ||||||
13 | mean any
individual of the human species from the implantation | ||||||
14 | of an embryo fertilization until birth, and (2)
"person" shall | ||||||
15 | not include the pregnant individual woman whose unborn child is | ||||||
16 | harmed.
| ||||||
17 | (c) Sentence. Battery of an unborn child is a Class A | ||||||
18 | misdemeanor. Aggravated battery of an unborn child is a Class 2 | ||||||
19 | felony.
| ||||||
20 | (d) This Section shall not apply to acts which cause bodily | ||||||
21 | harm to an
unborn child if those acts were committed during any | ||||||
22 | abortion, as defined
in Section 1-10 of the Reproductive Health | ||||||
23 | Act, Section 2 of the Illinois Abortion Law of 2019, as | ||||||
24 | amended, to which the
pregnant individual woman has
consented. | ||||||
25 | This Section shall not apply to acts which were committed
|
| |||||||
| |||||||
1 | pursuant to usual and customary standards of medical practice | ||||||
2 | during
diagnostic testing or therapeutic treatment.
| ||||||
3 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
4 | Section 670. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 8-802 as follows:
| ||||||
6 | (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| ||||||
7 | Sec. 8-802. Physician and patient. No physician or surgeon | ||||||
8 | shall be
permitted to disclose any information he or she may | ||||||
9 | have acquired in
attending any patient in a professional | ||||||
10 | character, necessary to enable him
or her professionally to | ||||||
11 | serve the patient, except only (1) in trials for
homicide when | ||||||
12 | the disclosure relates directly to the fact or immediate
| ||||||
13 | circumstances of the homicide, (2) in actions, civil or | ||||||
14 | criminal, against
the physician for malpractice, (3) with the | ||||||
15 | expressed consent of the
patient, or in case of his or her | ||||||
16 | death or disability, of his or her
personal representative or | ||||||
17 | other person authorized to sue for personal
injury or of the | ||||||
18 | beneficiary of an insurance policy on his or her life,
health, | ||||||
19 | or physical condition, or as authorized by Section 8-2001.5, | ||||||
20 | (4) in all actions brought by or against the
patient, his or | ||||||
21 | her personal representative, a beneficiary under a policy
of | ||||||
22 | insurance, or the executor or administrator of his or her | ||||||
23 | estate wherein
the patient's physical or mental condition is an | ||||||
24 | issue, (5) upon an issue
as to the validity of a document as a |
| |||||||
| |||||||
1 | will of the patient, (6) (blank) in any
criminal action where | ||||||
2 | the charge is either first degree murder by abortion,
attempted | ||||||
3 | abortion or abortion , (7) in actions, civil or criminal, | ||||||
4 | arising
from the filing of a report in compliance with the | ||||||
5 | Abused and Neglected
Child Reporting Act, (8) to any | ||||||
6 | department, agency, institution
or facility which has custody | ||||||
7 | of the patient pursuant to State statute
or any court order of | ||||||
8 | commitment, (9) in prosecutions where written
results of blood | ||||||
9 | alcohol tests are admissible pursuant to Section 11-501.4
of | ||||||
10 | the Illinois Vehicle Code, (10) in prosecutions where written
| ||||||
11 | results of blood alcohol tests are admissible under Section | ||||||
12 | 5-11a of the
Boat Registration and Safety Act,
(11) in criminal | ||||||
13 | actions arising from the filing of a report of suspected
| ||||||
14 | terrorist offense in compliance with Section 29D-10(p)(7) of | ||||||
15 | the Criminal Code
of 2012, (12) upon the issuance of a subpoena | ||||||
16 | pursuant to Section 38 of the Medical Practice Act of 1987; the | ||||||
17 | issuance of a subpoena pursuant to Section 25.1 of the Illinois | ||||||
18 | Dental Practice Act; the issuance of a subpoena pursuant to | ||||||
19 | Section 22 of the Nursing Home Administrators Licensing and | ||||||
20 | Disciplinary Act; or the issuance of a subpoena pursuant to | ||||||
21 | Section 25.5 of the Workers' Compensation Act, (13) upon the | ||||||
22 | issuance of a grand jury subpoena pursuant to Article 112 of | ||||||
23 | the Code of Criminal Procedure of 1963, or (14) to or through a | ||||||
24 | health information exchange, as that term is defined in Section | ||||||
25 | 2 of the Mental Health and Developmental Disabilities | ||||||
26 | Confidentiality Act, in accordance with State or federal law. |
| |||||||
| |||||||
1 | Upon disclosure under item (13) of this Section, in any | ||||||
2 | criminal action where the charge is domestic battery, | ||||||
3 | aggravated domestic battery, or an offense under Article 11 of | ||||||
4 | the Criminal Code of 2012 or where the patient is under the age | ||||||
5 | of 18 years or upon the request of the patient, the State's | ||||||
6 | Attorney shall petition the court for a protective order | ||||||
7 | pursuant to Supreme Court Rule 415.
| ||||||
8 | In the event of a conflict between the application of this | ||||||
9 | Section
and the Mental Health and Developmental Disabilities | ||||||
10 | Confidentiality
Act to a specific situation, the provisions of | ||||||
11 | the Mental Health and
Developmental Disabilities | ||||||
12 | Confidentiality Act shall control.
| ||||||
13 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
14 | Section 673. The Health Care Right of Conscience Act is | ||||||
15 | amended by changing Section 3 as follows:
| ||||||
16 | (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
| ||||||
17 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
18 | context clearly
otherwise
requires:
| ||||||
19 | (a) "Health care" means any phase of patient care, | ||||||
20 | including
but
not limited to, testing; diagnosis; | ||||||
21 | prognosis; ancillary research;
instructions; family | ||||||
22 | planning, counselling, referrals, or any other
advice in | ||||||
23 | connection with the use or procurement of contraceptives | ||||||
24 | and
sterilization or abortion procedures; medication; or |
| |||||||
| |||||||
1 | surgery or other
care or treatment rendered by a physician | ||||||
2 | or physicians, nurses,
paraprofessionals or health care | ||||||
3 | facility, intended for the
physical,
emotional, and mental | ||||||
4 | well-being of persons; or an abortion as defined by the | ||||||
5 | Reproductive Health Act;
| ||||||
6 | (b) "Physician" means any person who is licensed by the | ||||||
7 | State of Illinois under the
Medical Practice Act of 1987;
| ||||||
8 | (c) "Health care personnel" means any nurse, nurses'
| ||||||
9 | aide, medical school
student, professional, | ||||||
10 | paraprofessional or any other person who
furnishes, or | ||||||
11 | assists in the furnishing of, health care
services;
| ||||||
12 | (d) "Health care facility" means any public or private
| ||||||
13 | hospital, clinic,
center, medical school, medical training | ||||||
14 | institution, laboratory or
diagnostic
facility, | ||||||
15 | physician's office, infirmary, dispensary, ambulatory | ||||||
16 | surgical
treatment center or other institution or location | ||||||
17 | wherein health care
services are provided to any person, | ||||||
18 | including physician organizations and
associations, | ||||||
19 | networks, joint ventures, and all
other combinations of | ||||||
20 | those organizations;
| ||||||
21 | (e) "Conscience" means a sincerely held set of moral | ||||||
22 | convictions
arising from belief in and relation to God, or | ||||||
23 | which, though not so
derived, arises from a place in the | ||||||
24 | life of its possessor
parallel to
that filled by God among | ||||||
25 | adherents to religious faiths;
| ||||||
26 | (f) "Health care payer" means a health maintenance |
| |||||||
| |||||||
1 | organization, insurance
company, management services | ||||||
2 | organization, or any other entity that pays for
or arranges | ||||||
3 | for the payment of any health care or medical care service,
| ||||||
4 | procedure, or product; and
| ||||||
5 | (g) "Undue delay" means unreasonable delay that causes | ||||||
6 | impairment of the patient's health. | ||||||
7 | The above definitions include not only the traditional | ||||||
8 | combinations and forms
of these persons and organizations but | ||||||
9 | also all new and emerging forms and
combinations of these | ||||||
10 | persons and organizations.
| ||||||
11 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
12 | Section 675. The Rights of Married Persons Act is amended | ||||||
13 | by changing Section 15 as follows:
| ||||||
14 | (750 ILCS 65/15) (from Ch. 40, par. 1015)
| ||||||
15 | Sec. 15.
(a)(1) The expenses of the family and of the | ||||||
16 | education of the children
shall be chargeable upon the property | ||||||
17 | of both husband and wife, or of
either of them, in favor of | ||||||
18 | creditors therefor, and in relation thereto
they may be sued | ||||||
19 | jointly or separately.
| ||||||
20 | (2) No creditor, who has a claim against a spouse or former | ||||||
21 | spouse for an expense
incurred by that spouse or former spouse | ||||||
22 | which is not a family expense, shall maintain an
action against | ||||||
23 | the other spouse or former spouse for that expense except:
| ||||||
24 | (A) an expense for which the other spouse or former spouse |
| |||||||
| |||||||
1 | agreed, in
writing, to be liable; or
| ||||||
2 | (B) an expense for goods or merchandise purchased by or in | ||||||
3 | the
possession of the other spouse or former spouse, or for | ||||||
4 | services ordered by
the other spouse or former spouse.
| ||||||
5 | (3) Any creditor who maintains an action in violation of | ||||||
6 | this subsection
(a) for an expense other than a family expense | ||||||
7 | against
a spouse or former spouse other than the
spouse or | ||||||
8 | former spouse
who incurred the expense, shall be liable to the | ||||||
9 | other spouse
or former spouse for his or her costs, expenses | ||||||
10 | and attorney's fees
incurred in defending the action.
| ||||||
11 | (4) No creditor shall, with respect to any claim against a | ||||||
12 | spouse or former spouse for
which the creditor is prohibited | ||||||
13 | under this subsection (a) from maintaining
an action against | ||||||
14 | the other spouse or former spouse, engage in any collection | ||||||
15 | efforts
against the other spouse or former spouse, including, | ||||||
16 | but not limited to,
informal or formal
collection attempts, | ||||||
17 | referral of the claim to a collector or collection
agency for | ||||||
18 | collection from the other spouse or former spouse, or making | ||||||
19 | any
representation to a credit
reporting agency that the other | ||||||
20 | spouse or former spouse is any way liable
for payment of the | ||||||
21 | claim.
| ||||||
22 | (b) (Blank). No spouse shall be liable for any expense | ||||||
23 | incurred by the other spouse
when an abortion is performed on | ||||||
24 | such spouse, without the consent of such
other spouse, unless | ||||||
25 | the physician who performed the abortion certifies
that such | ||||||
26 | abortion is necessary to preserve the life of the spouse who |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | obtained
such abortion.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (c) (Blank). No parent shall be liable for any expense | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | incurred by his or her minor
child when an abortion is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | performed on such minor child without the consent
of both | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | parents of such child, if they both have custody, or the parent
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | having custody, or legal guardian of such child, unless the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | physician who
performed the abortion certifies that such | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | abortion is necessary to preserve
the life of the minor child | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | who obtained such abortion.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Article 7. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 705. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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