Rep. Kelly M. Cassidy

Filed: 5/26/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 25

2    AMENDMENT NO. ______. Amend Senate Bill 25 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1. REPRODUCTIVE HEALTH ACT

 
5    Section 1-1. Short title. This Act may be cited as the
6Reproductive Health Act.
 
7    Section 1-5. Scope. This Act sets forth the fundamental
8rights of individuals to make autonomous decisions about one's
9own reproductive health, including the fundamental right to use
10or refuse reproductive health care. This includes the
11fundamental right of an individual to use or refuse
12contraception or sterilization, and to make autonomous
13decisions about how to exercise that right; and the fundamental
14right of an individual who becomes pregnant to continue the
15pregnancy and give birth to a child, or to have an abortion,

 

 

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1and to make autonomous decisions about how to exercise that
2right. This Act restricts the ability of the State to deny,
3interfere with, or discriminate against these fundamental
4rights.
5    The purposes of this Act are:
6        (1) To establish laws and policies that protect
7    individual decision-making in the area of reproductive
8    health and that support access to the full scope of quality
9    reproductive health care for all in our State; and
10        (2) To permit regulation of reproductive health care,
11    including contraception, abortion, and maternity care,
12    only to the extent that such regulation is narrowly
13    tailored to protect a compelling State interest, which for
14    the purposes of this Act means: consistent with accepted
15    standards of clinical practice, evidence based, and
16    narrowly tailored for the limited purpose of protecting the
17    health of people seeking such care and in the manner that
18    least restricts a person's autonomous decision-making.
 
19    Section 1-10. Definitions. As used in this Act:
20    "Abortion" means the use of any instrument, medicine, drug,
21or any other substance or device to terminate the pregnancy of
22an individual known to be pregnant with an intention other than
23to increase the probability of a live birth, to preserve the
24life or health of the child after live birth, or to remove a
25dead fetus.

 

 

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1    "Advanced practice registered nurse" has the same meaning
2as it does in Section 50-10 of the Nurse Practice Act.
3    "Department" means the Illinois Department of Public
4Health.
5    "Fetal viability" means that, in the professional judgment
6of the attending health care professional, based on the
7particular facts of the case, there is a significant likelihood
8of a fetus' sustained survival outside the uterus without the
9application of extraordinary medical measures.
10    "Health care professional" means a person who is licensed
11as a physician, advanced practice registered nurse, or
12physician assistant.
13    "Health of the patient" means all factors that are relevant
14to the patient's health and well-being, including, but not
15limited to, physical, emotional, psychological, and familial
16health and age.
17    "Maternity care" means the health care provided in relation
18to pregnancy, labor and childbirth, and the postpartum period,
19and includes prenatal care, care during labor and birthing, and
20postpartum care extending through one-year postpartum.
21Maternity care shall, seek to optimize positive outcomes for
22the patient, and be provided on the basis of the physical and
23psychosocial needs of the patient. Notwithstanding any of the
24above, all care shall be subject to the informed and voluntary
25consent of the patient, or the patient's legal proxy, when the
26patient is unable to give consent.

 

 

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1    "Physician" means any person licensed to practice medicine
2in all its branches under the Medical Practice Act of 1987.
3    "Physician assistant" has the same meaning as it does in
4Section 4 of the Physician Assistant Practice Act of 1987.
5    "Pregnancy" means the human reproductive process,
6beginning with the implantation of an embryo.
7    "Prevailing party" has the same meaning as in the Illinois
8Civil Rights Act of 2003.
9    "Reproductive health care" means health care offered,
10arranged, or furnished for the purpose of preventing pregnancy,
11terminating a pregnancy, managing pregnancy loss, or improving
12maternal health and birth outcomes. Reproductive health care
13includes, but is not limited to: contraception; sterilization;
14preconception care; maternity care; abortion care; and
15counseling regarding reproductive health care.
16    "State" includes any branch, department, agency,
17instrumentality, and official or other person acting under
18color of law of this State or a political subdivision of the
19State, including any unit of local government (including a home
20rule unit), school district, instrumentality, or public
21subdivision.
 
22    Section 1-15. Fundamental reproductive health rights.
23    (a) Every individual has a fundamental right to make
24autonomous decisions about the individual's own reproductive
25health, including the fundamental right to use or refuse

 

 

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1reproductive health care.
2    (b) Every individual who becomes pregnant has a fundamental
3right to continue the pregnancy and give birth or to have an
4abortion, and to make autonomous decisions about how to
5exercise that right.
6    (c) A fertilized egg, embryo, or fetus does not have
7independent rights under the laws of this State.
 
8    Section 1-20. Prohibited State actions; causes of action.
9    (a)The State shall not:
10        (1) deny, restrict, interfere with, or discriminate
11    against an individual's exercise of the fundamental rights
12    set forth in this Act, including individuals under State
13    custody, control, or supervision; or
14        (2) prosecute, punish, or otherwise deprive any
15    individual of the individual's rights for any act or
16    failure to act during the individual's own pregnancy, if
17    the predominant basis for such prosecution, punishment, or
18    deprivation of rights is the potential, actual, or
19    perceived impact on the pregnancy or its outcomes or on the
20    pregnant individual's own health.
21    (b) Any party aggrieved by conduct or regulation in
22violation of this Act may bring a civil lawsuit, in a federal
23district court or State circuit court, against the offending
24unit of government. Any State claim brought in federal district
25court shall be a supplemental claim to a federal claim.

 

 

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1    (c) Upon motion, a court shall award reasonable attorney's
2fees and costs, including expert witness fees and other
3litigation expenses, to a plaintiff who is a prevailing party
4in any action brought pursuant to this Section. In awarding
5reasonable attorney's fees, the court shall consider the degree
6to which the relief obtained relates to the relief sought.
 
7    Section 1-25. Reporting of abortions performed by health
8care professionals.
9    (a) A health care professional may provide abortion care in
10accordance with the health care professional's professional
11judgment and training and based on accepted standards of
12clinical practice consistent with the scope of his or her
13practice under the Medical Practice Act of 1987, the Nurse
14Practice Act, or the Physician Assistant Practice Act of 1987.
15If the health care professional determines that there is fetal
16viability, the health care professional may provide abortion
17care only if, in the professional judgment of the health care
18professional, the abortion is necessary to protect the life or
19health of the patient.
20    (b) A report of each abortion performed by a health care
21professional shall be made to the Department on forms
22prescribed by it. Such reports shall be transmitted to the
23Department not later than 10 days following the end of the
24month in which the abortion is performed.
25    (c) The abortion reporting forms prescribed by the

 

 

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1Department shall not request or require information that
2identifies a patient by name or any other identifying
3information, and the Department shall secure anonymity of all
4patients and health care professionals.
5    (d) All reports received by the Department pursuant to this
6Section shall be treated as confidential and exempt from the
7Freedom of Information Act. Access to such reports shall be
8limited to authorized Department staff who shall use the
9reports for statistical purposes only. Such reports must be
10destroyed within 2 years after date of receipt.
 
11    Section 1-30. Application.
12    (a) This Act applies to all State laws, ordinances,
13policies, procedures, practices, and governmental actions and
14their implementation, whether statutory or otherwise and
15whether adopted before or after the effective date of this Act.
16    (b) Nothing in this Act shall be construed to authorize the
17State to burden any individual's fundamental rights relating to
18reproductive health care.
 
19    Section 1-35. Home rule powers limitation. A unit of local
20government may enact ordinances, standards, rules, or
21regulations that protect an individual's ability to freely
22exercise the fundamental rights set forth in this Act in a
23manner or to an extent equal to or greater than the protection
24provided in this Act. A unit of local government may not

 

 

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1regulate an individual's ability to freely exercise the
2fundamental rights set forth in this Act in a manner more
3restrictive than that set forth in this Act. This Section is a
4limitation under subsection (i) of Section 6 of Article VII of
5the Illinois Constitution on the concurrent exercise by home
6rule units of powers and functions exercised by the State.
 
7    Section 1-97. Severability. The provisions of this Act are
8severable under Section 1.31 of the Statute on Statutes.
 
9
Article 905. REPEALS

 
10    (210 ILCS 5/6.1 rep.)
11    Section 905-5. The Ambulatory Surgical Treatment Center
12Act is amended by repealing Section 6.1.
 
13    (410 ILCS 70/9 rep.)
14    Section 905-10. The Sexual Assault Survivors Emergency
15Treatment Act is amended by repealing Section 9.
 
16    (720 ILCS 510/Act rep.)
17    Section 905-15. The Illinois Abortion Law of 1975 is
18repealed.
 
19    (720 ILCS 513/Act rep.)
20    Section 905-20. The Partial-birth Abortion Ban Act is

 

 

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1repealed.
 
2    (735 ILCS 5/11-107.1 rep.)
3    Section 905-25. The Code of Civil Procedure is amended by
4repealing Section 11-107.1.
 
5    (745 ILCS 30/Act rep.)
6    Section 905-30. The Abortion Performance Refusal Act is
7repealed.
 
8
Article 910. AMENDMENTS

 
9    Section 910-5. The State Employees Group Insurance Act of
101971 is amended by changing Section 6.11 as follows:
 
11    (5 ILCS 375/6.11)
12    (Text of Section before amendment by P.A. 100-1170)
13    Sec. 6.11. Required health benefits; Illinois Insurance
14Code requirements. The program of health benefits shall provide
15the post-mastectomy care benefits required to be covered by a
16policy of accident and health insurance under Section 356t of
17the Illinois Insurance Code. The program of health benefits
18shall provide the coverage required under Sections 356g,
19356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
20356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
21356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and

 

 

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1356z.26, and 356z.29, and 356z.32 of the Illinois Insurance
2Code. The program of health benefits must comply with Sections
3155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the
4Illinois Insurance Code. The Department of Insurance shall
5enforce the requirements of this Section.
6    Rulemaking authority to implement Public Act 95-1045, if
7any, is conditioned on the rules being adopted in accordance
8with all provisions of the Illinois Administrative Procedure
9Act and all rules and procedures of the Joint Committee on
10Administrative Rules; any purported rule not so adopted, for
11whatever reason, is unauthorized.
12(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
13100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
141-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
151-8-19.)
 
16    (Text of Section after amendment by P.A. 100-1170)
17    Sec. 6.11. Required health benefits; Illinois Insurance
18Code requirements. The program of health benefits shall provide
19the post-mastectomy care benefits required to be covered by a
20policy of accident and health insurance under Section 356t of
21the Illinois Insurance Code. The program of health benefits
22shall provide the coverage required under Sections 356g,
23356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
24356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
25356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,

 

 

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1356z.29, and 356z.32 of the Illinois Insurance Code. The
2program of health benefits must comply with Sections 155.22a,
3155.37, 355b, 356z.19, 370c, and 370c.1 of the Illinois
4Insurance Code. The Department of Insurance shall enforce the
5requirements of this Section with respect to Sections 370c and
6370c.1 of the Illinois Insurance Code; all other requirements
7of this Section shall be enforced by the Department of Central
8Management Services.
9    Rulemaking authority to implement Public Act 95-1045, if
10any, is conditioned on the rules being adopted in accordance
11with all provisions of the Illinois Administrative Procedure
12Act and all rules and procedures of the Joint Committee on
13Administrative Rules; any purported rule not so adopted, for
14whatever reason, is unauthorized.
15(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
16100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
171-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19;
18100-1170, eff. 6-1-19.)
 
19    Section 910-10. The Children and Family Services Act is
20amended by changing Section 5 as follows:
 
21    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
22    Sec. 5. Direct child welfare services; Department of
23Children and Family Services. To provide direct child welfare
24services when not available through other public or private

 

 

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1child care or program facilities.
2    (a) For purposes of this Section:
3        (1) "Children" means persons found within the State who
4    are under the age of 18 years. The term also includes
5    persons under age 21 who:
6            (A) were committed to the Department pursuant to
7        the Juvenile Court Act or the Juvenile Court Act of
8        1987, as amended, prior to the age of 18 and who
9        continue under the jurisdiction of the court; or
10            (B) were accepted for care, service and training by
11        the Department prior to the age of 18 and whose best
12        interest in the discretion of the Department would be
13        served by continuing that care, service and training
14        because of severe emotional disturbances, physical
15        disability, social adjustment or any combination
16        thereof, or because of the need to complete an
17        educational or vocational training program.
18        (2) "Homeless youth" means persons found within the
19    State who are under the age of 19, are not in a safe and
20    stable living situation and cannot be reunited with their
21    families.
22        (3) "Child welfare services" means public social
23    services which are directed toward the accomplishment of
24    the following purposes:
25            (A) protecting and promoting the health, safety
26        and welfare of children, including homeless, dependent

 

 

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1        or neglected children;
2            (B) remedying, or assisting in the solution of
3        problems which may result in, the neglect, abuse,
4        exploitation or delinquency of children;
5            (C) preventing the unnecessary separation of
6        children from their families by identifying family
7        problems, assisting families in resolving their
8        problems, and preventing the breakup of the family
9        where the prevention of child removal is desirable and
10        possible when the child can be cared for at home
11        without endangering the child's health and safety;
12            (D) restoring to their families children who have
13        been removed, by the provision of services to the child
14        and the families when the child can be cared for at
15        home without endangering the child's health and
16        safety;
17            (E) placing children in suitable adoptive homes,
18        in cases where restoration to the biological family is
19        not safe, possible or appropriate;
20            (F) assuring safe and adequate care of children
21        away from their homes, in cases where the child cannot
22        be returned home or cannot be placed for adoption. At
23        the time of placement, the Department shall consider
24        concurrent planning, as described in subsection (l-1)
25        of this Section so that permanency may occur at the
26        earliest opportunity. Consideration should be given so

 

 

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1        that if reunification fails or is delayed, the
2        placement made is the best available placement to
3        provide permanency for the child;
4            (G) (blank);
5            (H) (blank); and
6            (I) placing and maintaining children in facilities
7        that provide separate living quarters for children
8        under the age of 18 and for children 18 years of age
9        and older, unless a child 18 years of age is in the
10        last year of high school education or vocational
11        training, in an approved individual or group treatment
12        program, in a licensed shelter facility, or secure
13        child care facility. The Department is not required to
14        place or maintain children:
15                (i) who are in a foster home, or
16                (ii) who are persons with a developmental
17            disability, as defined in the Mental Health and
18            Developmental Disabilities Code, or
19                (iii) who are female children who are
20            pregnant, pregnant and parenting or parenting, or
21                (iv) who are siblings, in facilities that
22            provide separate living quarters for children 18
23            years of age and older and for children under 18
24            years of age.
25    (b) (Blank). Nothing in this Section shall be construed to
26authorize the expenditure of public funds for the purpose of

 

 

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1performing abortions.
2    (c) The Department shall establish and maintain
3tax-supported child welfare services and extend and seek to
4improve voluntary services throughout the State, to the end
5that services and care shall be available on an equal basis
6throughout the State to children requiring such services.
7    (d) The Director may authorize advance disbursements for
8any new program initiative to any agency contracting with the
9Department. As a prerequisite for an advance disbursement, the
10contractor must post a surety bond in the amount of the advance
11disbursement and have a purchase of service contract approved
12by the Department. The Department may pay up to 2 months
13operational expenses in advance. The amount of the advance
14disbursement shall be prorated over the life of the contract or
15the remaining months of the fiscal year, whichever is less, and
16the installment amount shall then be deducted from future
17bills. Advance disbursement authorizations for new initiatives
18shall not be made to any agency after that agency has operated
19during 2 consecutive fiscal years. The requirements of this
20Section concerning advance disbursements shall not apply with
21respect to the following: payments to local public agencies for
22child day care services as authorized by Section 5a of this
23Act; and youth service programs receiving grant funds under
24Section 17a-4.
25    (e) (Blank).
26    (f) (Blank).

 

 

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1    (g) The Department shall establish rules and regulations
2concerning its operation of programs designed to meet the goals
3of child safety and protection, family preservation, family
4reunification, and adoption, including but not limited to:
5        (1) adoption;
6        (2) foster care;
7        (3) family counseling;
8        (4) protective services;
9        (5) (blank);
10        (6) homemaker service;
11        (7) return of runaway children;
12        (8) (blank);
13        (9) placement under Section 5-7 of the Juvenile Court
14    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
15    Court Act of 1987 in accordance with the federal Adoption
16    Assistance and Child Welfare Act of 1980; and
17        (10) interstate services.
18    Rules and regulations established by the Department shall
19include provisions for training Department staff and the staff
20of Department grantees, through contracts with other agencies
21or resources, in screening techniques to identify substance use
22disorders, as defined in the Substance Use Disorder Act,
23approved by the Department of Human Services, as a successor to
24the Department of Alcoholism and Substance Abuse, for the
25purpose of identifying children and adults who should be
26referred for an assessment at an organization appropriately

 

 

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1licensed by the Department of Human Services for substance use
2disorder treatment.
3    (h) If the Department finds that there is no appropriate
4program or facility within or available to the Department for a
5youth in care and that no licensed private facility has an
6adequate and appropriate program or none agrees to accept the
7youth in care, the Department shall create an appropriate
8individualized, program-oriented plan for such youth in care.
9The plan may be developed within the Department or through
10purchase of services by the Department to the extent that it is
11within its statutory authority to do.
12    (i) Service programs shall be available throughout the
13State and shall include but not be limited to the following
14services:
15        (1) case management;
16        (2) homemakers;
17        (3) counseling;
18        (4) parent education;
19        (5) day care; and
20        (6) emergency assistance and advocacy.
21    In addition, the following services may be made available
22to assess and meet the needs of children and families:
23        (1) comprehensive family-based services;
24        (2) assessments;
25        (3) respite care; and
26        (4) in-home health services.

 

 

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1    The Department shall provide transportation for any of the
2services it makes available to children or families or for
3which it refers children or families.
4    (j) The Department may provide categories of financial
5assistance and education assistance grants, and shall
6establish rules and regulations concerning the assistance and
7grants, to persons who adopt children with physical or mental
8disabilities, children who are older, or other hard-to-place
9children who (i) immediately prior to their adoption were youth
10in care or (ii) were determined eligible for financial
11assistance with respect to a prior adoption and who become
12available for adoption because the prior adoption has been
13dissolved and the parental rights of the adoptive parents have
14been terminated or because the child's adoptive parents have
15died. The Department may continue to provide financial
16assistance and education assistance grants for a child who was
17determined eligible for financial assistance under this
18subsection (j) in the interim period beginning when the child's
19adoptive parents died and ending with the finalization of the
20new adoption of the child by another adoptive parent or
21parents. The Department may also provide categories of
22financial assistance and education assistance grants, and
23shall establish rules and regulations for the assistance and
24grants, to persons appointed guardian of the person under
25Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
264-25, or 5-740 of the Juvenile Court Act of 1987 for children

 

 

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1who were youth in care for 12 months immediately prior to the
2appointment of the guardian.
3    The amount of assistance may vary, depending upon the needs
4of the child and the adoptive parents, as set forth in the
5annual assistance agreement. Special purpose grants are
6allowed where the child requires special service but such costs
7may not exceed the amounts which similar services would cost
8the Department if it were to provide or secure them as guardian
9of the child.
10    Any financial assistance provided under this subsection is
11inalienable by assignment, sale, execution, attachment,
12garnishment, or any other remedy for recovery or collection of
13a judgment or debt.
14    (j-5) The Department shall not deny or delay the placement
15of a child for adoption if an approved family is available
16either outside of the Department region handling the case, or
17outside of the State of Illinois.
18    (k) The Department shall accept for care and training any
19child who has been adjudicated neglected or abused, or
20dependent committed to it pursuant to the Juvenile Court Act or
21the Juvenile Court Act of 1987.
22    (l) The Department shall offer family preservation
23services, as defined in Section 8.2 of the Abused and Neglected
24Child Reporting Act, to help families, including adoptive and
25extended families. Family preservation services shall be
26offered (i) to prevent the placement of children in substitute

 

 

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1care when the children can be cared for at home or in the
2custody of the person responsible for the children's welfare,
3(ii) to reunite children with their families, or (iii) to
4maintain an adoptive placement. Family preservation services
5shall only be offered when doing so will not endanger the
6children's health or safety. With respect to children who are
7in substitute care pursuant to the Juvenile Court Act of 1987,
8family preservation services shall not be offered if a goal
9other than those of subdivisions (A), (B), or (B-1) of
10subsection (2) of Section 2-28 of that Act has been set, except
11that reunification services may be offered as provided in
12paragraph (F) of subsection (2) of Section 2-28 of that Act.
13Nothing in this paragraph shall be construed to create a
14private right of action or claim on the part of any individual
15or child welfare agency, except that when a child is the
16subject of an action under Article II of the Juvenile Court Act
17of 1987 and the child's service plan calls for services to
18facilitate achievement of the permanency goal, the court
19hearing the action under Article II of the Juvenile Court Act
20of 1987 may order the Department to provide the services set
21out in the plan, if those services are not provided with
22reasonable promptness and if those services are available.
23    The Department shall notify the child and his family of the
24Department's responsibility to offer and provide family
25preservation services as identified in the service plan. The
26child and his family shall be eligible for services as soon as

 

 

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1the report is determined to be "indicated". The Department may
2offer services to any child or family with respect to whom a
3report of suspected child abuse or neglect has been filed,
4prior to concluding its investigation under Section 7.12 of the
5Abused and Neglected Child Reporting Act. However, the child's
6or family's willingness to accept services shall not be
7considered in the investigation. The Department may also
8provide services to any child or family who is the subject of
9any report of suspected child abuse or neglect or may refer
10such child or family to services available from other agencies
11in the community, even if the report is determined to be
12unfounded, if the conditions in the child's or family's home
13are reasonably likely to subject the child or family to future
14reports of suspected child abuse or neglect. Acceptance of such
15services shall be voluntary. The Department may also provide
16services to any child or family after completion of a family
17assessment, as an alternative to an investigation, as provided
18under the "differential response program" provided for in
19subsection (a-5) of Section 7.4 of the Abused and Neglected
20Child Reporting Act.
21    The Department may, at its discretion except for those
22children also adjudicated neglected or dependent, accept for
23care and training any child who has been adjudicated addicted,
24as a truant minor in need of supervision or as a minor
25requiring authoritative intervention, under the Juvenile Court
26Act or the Juvenile Court Act of 1987, but no such child shall

 

 

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1be committed to the Department by any court without the
2approval of the Department. On and after January 1, 2015 (the
3effective date of Public Act 98-803) and before January 1,
42017, a minor charged with a criminal offense under the
5Criminal Code of 1961 or the Criminal Code of 2012 or
6adjudicated delinquent shall not be placed in the custody of or
7committed to the Department by any court, except (i) a minor
8less than 16 years of age committed to the Department under
9Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
10for whom an independent basis of abuse, neglect, or dependency
11exists, which must be defined by departmental rule, or (iii) a
12minor for whom the court has granted a supplemental petition to
13reinstate wardship pursuant to subsection (2) of Section 2-33
14of the Juvenile Court Act of 1987. On and after January 1,
152017, a minor charged with a criminal offense under the
16Criminal Code of 1961 or the Criminal Code of 2012 or
17adjudicated delinquent shall not be placed in the custody of or
18committed to the Department by any court, except (i) a minor
19less than 15 years of age committed to the Department under
20Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
21for whom an independent basis of abuse, neglect, or dependency
22exists, which must be defined by departmental rule, or (iii) a
23minor for whom the court has granted a supplemental petition to
24reinstate wardship pursuant to subsection (2) of Section 2-33
25of the Juvenile Court Act of 1987. An independent basis exists
26when the allegations or adjudication of abuse, neglect, or

 

 

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1dependency do not arise from the same facts, incident, or
2circumstances which give rise to a charge or adjudication of
3delinquency. The Department shall assign a caseworker to attend
4any hearing involving a youth in the care and custody of the
5Department who is placed on aftercare release, including
6hearings involving sanctions for violation of aftercare
7release conditions and aftercare release revocation hearings.
8    As soon as is possible after August 7, 2009 (the effective
9date of Public Act 96-134), the Department shall develop and
10implement a special program of family preservation services to
11support intact, foster, and adoptive families who are
12experiencing extreme hardships due to the difficulty and stress
13of caring for a child who has been diagnosed with a pervasive
14developmental disorder if the Department determines that those
15services are necessary to ensure the health and safety of the
16child. The Department may offer services to any family whether
17or not a report has been filed under the Abused and Neglected
18Child Reporting Act. The Department may refer the child or
19family to services available from other agencies in the
20community if the conditions in the child's or family's home are
21reasonably likely to subject the child or family to future
22reports of suspected child abuse or neglect. Acceptance of
23these services shall be voluntary. The Department shall develop
24and implement a public information campaign to alert health and
25social service providers and the general public about these
26special family preservation services. The nature and scope of

 

 

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1the services offered and the number of families served under
2the special program implemented under this paragraph shall be
3determined by the level of funding that the Department annually
4allocates for this purpose. The term "pervasive developmental
5disorder" under this paragraph means a neurological condition,
6including but not limited to, Asperger's Syndrome and autism,
7as defined in the most recent edition of the Diagnostic and
8Statistical Manual of Mental Disorders of the American
9Psychiatric Association.
10    (l-1) The legislature recognizes that the best interests of
11the child require that the child be placed in the most
12permanent living arrangement as soon as is practically
13possible. To achieve this goal, the legislature directs the
14Department of Children and Family Services to conduct
15concurrent planning so that permanency may occur at the
16earliest opportunity. Permanent living arrangements may
17include prevention of placement of a child outside the home of
18the family when the child can be cared for at home without
19endangering the child's health or safety; reunification with
20the family, when safe and appropriate, if temporary placement
21is necessary; or movement of the child toward the most
22permanent living arrangement and permanent legal status.
23    When determining reasonable efforts to be made with respect
24to a child, as described in this subsection, and in making such
25reasonable efforts, the child's health and safety shall be the
26paramount concern.

 

 

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1    When a child is placed in foster care, the Department shall
2ensure and document that reasonable efforts were made to
3prevent or eliminate the need to remove the child from the
4child's home. The Department must make reasonable efforts to
5reunify the family when temporary placement of the child occurs
6unless otherwise required, pursuant to the Juvenile Court Act
7of 1987. At any time after the dispositional hearing where the
8Department believes that further reunification services would
9be ineffective, it may request a finding from the court that
10reasonable efforts are no longer appropriate. The Department is
11not required to provide further reunification services after
12such a finding.
13    A decision to place a child in substitute care shall be
14made with considerations of the child's health, safety, and
15best interests. At the time of placement, consideration should
16also be given so that if reunification fails or is delayed, the
17placement made is the best available placement to provide
18permanency for the child.
19    The Department shall adopt rules addressing concurrent
20planning for reunification and permanency. The Department
21shall consider the following factors when determining
22appropriateness of concurrent planning:
23        (1) the likelihood of prompt reunification;
24        (2) the past history of the family;
25        (3) the barriers to reunification being addressed by
26    the family;

 

 

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1        (4) the level of cooperation of the family;
2        (5) the foster parents' willingness to work with the
3    family to reunite;
4        (6) the willingness and ability of the foster family to
5    provide an adoptive home or long-term placement;
6        (7) the age of the child;
7        (8) placement of siblings.
8    (m) The Department may assume temporary custody of any
9child if:
10        (1) it has received a written consent to such temporary
11    custody signed by the parents of the child or by the parent
12    having custody of the child if the parents are not living
13    together or by the guardian or custodian of the child if
14    the child is not in the custody of either parent, or
15        (2) the child is found in the State and neither a
16    parent, guardian nor custodian of the child can be located.
17If the child is found in his or her residence without a parent,
18guardian, custodian or responsible caretaker, the Department
19may, instead of removing the child and assuming temporary
20custody, place an authorized representative of the Department
21in that residence until such time as a parent, guardian or
22custodian enters the home and expresses a willingness and
23apparent ability to ensure the child's health and safety and
24resume permanent charge of the child, or until a relative
25enters the home and is willing and able to ensure the child's
26health and safety and assume charge of the child until a

 

 

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1parent, guardian or custodian enters the home and expresses
2such willingness and ability to ensure the child's safety and
3resume permanent charge. After a caretaker has remained in the
4home for a period not to exceed 12 hours, the Department must
5follow those procedures outlined in Section 2-9, 3-11, 4-8, or
65-415 of the Juvenile Court Act of 1987.
7    The Department shall have the authority, responsibilities
8and duties that a legal custodian of the child would have
9pursuant to subsection (9) of Section 1-3 of the Juvenile Court
10Act of 1987. Whenever a child is taken into temporary custody
11pursuant to an investigation under the Abused and Neglected
12Child Reporting Act, or pursuant to a referral and acceptance
13under the Juvenile Court Act of 1987 of a minor in limited
14custody, the Department, during the period of temporary custody
15and before the child is brought before a judicial officer as
16required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
17Court Act of 1987, shall have the authority, responsibilities
18and duties that a legal custodian of the child would have under
19subsection (9) of Section 1-3 of the Juvenile Court Act of
201987.
21    The Department shall ensure that any child taken into
22custody is scheduled for an appointment for a medical
23examination.
24    A parent, guardian or custodian of a child in the temporary
25custody of the Department who would have custody of the child
26if he were not in the temporary custody of the Department may

 

 

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1deliver to the Department a signed request that the Department
2surrender the temporary custody of the child. The Department
3may retain temporary custody of the child for 10 days after the
4receipt of the request, during which period the Department may
5cause to be filed a petition pursuant to the Juvenile Court Act
6of 1987. If a petition is so filed, the Department shall retain
7temporary custody of the child until the court orders
8otherwise. If a petition is not filed within the 10-day period,
9the child shall be surrendered to the custody of the requesting
10parent, guardian or custodian not later than the expiration of
11the 10-day period, at which time the authority and duties of
12the Department with respect to the temporary custody of the
13child shall terminate.
14    (m-1) The Department may place children under 18 years of
15age in a secure child care facility licensed by the Department
16that cares for children who are in need of secure living
17arrangements for their health, safety, and well-being after a
18determination is made by the facility director and the Director
19or the Director's designate prior to admission to the facility
20subject to Section 2-27.1 of the Juvenile Court Act of 1987.
21This subsection (m-1) does not apply to a child who is subject
22to placement in a correctional facility operated pursuant to
23Section 3-15-2 of the Unified Code of Corrections, unless the
24child is a youth in care who was placed in the care of the
25Department before being subject to placement in a correctional
26facility and a court of competent jurisdiction has ordered

 

 

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1placement of the child in a secure care facility.
2    (n) The Department may place children under 18 years of age
3in licensed child care facilities when in the opinion of the
4Department, appropriate services aimed at family preservation
5have been unsuccessful and cannot ensure the child's health and
6safety or are unavailable and such placement would be for their
7best interest. Payment for board, clothing, care, training and
8supervision of any child placed in a licensed child care
9facility may be made by the Department, by the parents or
10guardians of the estates of those children, or by both the
11Department and the parents or guardians, except that no
12payments shall be made by the Department for any child placed
13in a licensed child care facility for board, clothing, care,
14training and supervision of such a child that exceed the
15average per capita cost of maintaining and of caring for a
16child in institutions for dependent or neglected children
17operated by the Department. However, such restriction on
18payments does not apply in cases where children require
19specialized care and treatment for problems of severe emotional
20disturbance, physical disability, social adjustment, or any
21combination thereof and suitable facilities for the placement
22of such children are not available at payment rates within the
23limitations set forth in this Section. All reimbursements for
24services delivered shall be absolutely inalienable by
25assignment, sale, attachment, garnishment or otherwise.
26    (n-1) The Department shall provide or authorize child

 

 

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1welfare services, aimed at assisting minors to achieve
2sustainable self-sufficiency as independent adults, for any
3minor eligible for the reinstatement of wardship pursuant to
4subsection (2) of Section 2-33 of the Juvenile Court Act of
51987, whether or not such reinstatement is sought or allowed,
6provided that the minor consents to such services and has not
7yet attained the age of 21. The Department shall have
8responsibility for the development and delivery of services
9under this Section. An eligible youth may access services under
10this Section through the Department of Children and Family
11Services or by referral from the Department of Human Services.
12Youth participating in services under this Section shall
13cooperate with the assigned case manager in developing an
14agreement identifying the services to be provided and how the
15youth will increase skills to achieve self-sufficiency. A
16homeless shelter is not considered appropriate housing for any
17youth receiving child welfare services under this Section. The
18Department shall continue child welfare services under this
19Section to any eligible minor until the minor becomes 21 years
20of age, no longer consents to participate, or achieves
21self-sufficiency as identified in the minor's service plan. The
22Department of Children and Family Services shall create clear,
23readable notice of the rights of former foster youth to child
24welfare services under this Section and how such services may
25be obtained. The Department of Children and Family Services and
26the Department of Human Services shall disseminate this

 

 

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1information statewide. The Department shall adopt regulations
2describing services intended to assist minors in achieving
3sustainable self-sufficiency as independent adults.
4    (o) The Department shall establish an administrative
5review and appeal process for children and families who request
6or receive child welfare services from the Department. Youth in
7care who are placed by private child welfare agencies, and
8foster families with whom those youth are placed, shall be
9afforded the same procedural and appeal rights as children and
10families in the case of placement by the Department, including
11the right to an initial review of a private agency decision by
12that agency. The Department shall ensure that any private child
13welfare agency, which accepts youth in care for placement,
14affords those rights to children and foster families. The
15Department shall accept for administrative review and an appeal
16hearing a complaint made by (i) a child or foster family
17concerning a decision following an initial review by a private
18child welfare agency or (ii) a prospective adoptive parent who
19alleges a violation of subsection (j-5) of this Section. An
20appeal of a decision concerning a change in the placement of a
21child shall be conducted in an expedited manner. A court
22determination that a current foster home placement is necessary
23and appropriate under Section 2-28 of the Juvenile Court Act of
241987 does not constitute a judicial determination on the merits
25of an administrative appeal, filed by a former foster parent,
26involving a change of placement decision.

 

 

10100SB0025ham001- 32 -LRB101 00199 LNS 61214 a

1    (p) (Blank).
2    (q) The Department may receive and use, in their entirety,
3for the benefit of children any gift, donation or bequest of
4money or other property which is received on behalf of such
5children, or any financial benefits to which such children are
6or may become entitled while under the jurisdiction or care of
7the Department.
8    The Department shall set up and administer no-cost,
9interest-bearing accounts in appropriate financial
10institutions for children for whom the Department is legally
11responsible and who have been determined eligible for Veterans'
12Benefits, Social Security benefits, assistance allotments from
13the armed forces, court ordered payments, parental voluntary
14payments, Supplemental Security Income, Railroad Retirement
15payments, Black Lung benefits, or other miscellaneous
16payments. Interest earned by each account shall be credited to
17the account, unless disbursed in accordance with this
18subsection.
19    In disbursing funds from children's accounts, the
20Department shall:
21        (1) Establish standards in accordance with State and
22    federal laws for disbursing money from children's
23    accounts. In all circumstances, the Department's
24    "Guardianship Administrator" or his or her designee must
25    approve disbursements from children's accounts. The
26    Department shall be responsible for keeping complete

 

 

10100SB0025ham001- 33 -LRB101 00199 LNS 61214 a

1    records of all disbursements for each account for any
2    purpose.
3        (2) Calculate on a monthly basis the amounts paid from
4    State funds for the child's board and care, medical care
5    not covered under Medicaid, and social services; and
6    utilize funds from the child's account, as covered by
7    regulation, to reimburse those costs. Monthly,
8    disbursements from all children's accounts, up to 1/12 of
9    $13,000,000, shall be deposited by the Department into the
10    General Revenue Fund and the balance over 1/12 of
11    $13,000,000 into the DCFS Children's Services Fund.
12        (3) Maintain any balance remaining after reimbursing
13    for the child's costs of care, as specified in item (2).
14    The balance shall accumulate in accordance with relevant
15    State and federal laws and shall be disbursed to the child
16    or his or her guardian, or to the issuing agency.
17    (r) The Department shall promulgate regulations
18encouraging all adoption agencies to voluntarily forward to the
19Department or its agent names and addresses of all persons who
20have applied for and have been approved for adoption of a
21hard-to-place child or child with a disability and the names of
22such children who have not been placed for adoption. A list of
23such names and addresses shall be maintained by the Department
24or its agent, and coded lists which maintain the
25confidentiality of the person seeking to adopt the child and of
26the child shall be made available, without charge, to every

 

 

10100SB0025ham001- 34 -LRB101 00199 LNS 61214 a

1adoption agency in the State to assist the agencies in placing
2such children for adoption. The Department may delegate to an
3agent its duty to maintain and make available such lists. The
4Department shall ensure that such agent maintains the
5confidentiality of the person seeking to adopt the child and of
6the child.
7    (s) The Department of Children and Family Services may
8establish and implement a program to reimburse Department and
9private child welfare agency foster parents licensed by the
10Department of Children and Family Services for damages
11sustained by the foster parents as a result of the malicious or
12negligent acts of foster children, as well as providing third
13party coverage for such foster parents with regard to actions
14of foster children to other individuals. Such coverage will be
15secondary to the foster parent liability insurance policy, if
16applicable. The program shall be funded through appropriations
17from the General Revenue Fund, specifically designated for such
18purposes.
19    (t) The Department shall perform home studies and
20investigations and shall exercise supervision over visitation
21as ordered by a court pursuant to the Illinois Marriage and
22Dissolution of Marriage Act or the Adoption Act only if:
23        (1) an order entered by an Illinois court specifically
24    directs the Department to perform such services; and
25        (2) the court has ordered one or both of the parties to
26    the proceeding to reimburse the Department for its

 

 

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1    reasonable costs for providing such services in accordance
2    with Department rules, or has determined that neither party
3    is financially able to pay.
4    The Department shall provide written notification to the
5court of the specific arrangements for supervised visitation
6and projected monthly costs within 60 days of the court order.
7The Department shall send to the court information related to
8the costs incurred except in cases where the court has
9determined the parties are financially unable to pay. The court
10may order additional periodic reports as appropriate.
11    (u) In addition to other information that must be provided,
12whenever the Department places a child with a prospective
13adoptive parent or parents or in a licensed foster home, group
14home, child care institution, or in a relative home, the
15Department shall provide to the prospective adoptive parent or
16parents or other caretaker:
17        (1) available detailed information concerning the
18    child's educational and health history, copies of
19    immunization records (including insurance and medical card
20    information), a history of the child's previous
21    placements, if any, and reasons for placement changes
22    excluding any information that identifies or reveals the
23    location of any previous caretaker;
24        (2) a copy of the child's portion of the client service
25    plan, including any visitation arrangement, and all
26    amendments or revisions to it as related to the child; and

 

 

10100SB0025ham001- 36 -LRB101 00199 LNS 61214 a

1        (3) information containing details of the child's
2    individualized educational plan when the child is
3    receiving special education services.
4    The caretaker shall be informed of any known social or
5behavioral information (including, but not limited to,
6criminal background, fire setting, perpetuation of sexual
7abuse, destructive behavior, and substance abuse) necessary to
8care for and safeguard the children to be placed or currently
9in the home. The Department may prepare a written summary of
10the information required by this paragraph, which may be
11provided to the foster or prospective adoptive parent in
12advance of a placement. The foster or prospective adoptive
13parent may review the supporting documents in the child's file
14in the presence of casework staff. In the case of an emergency
15placement, casework staff shall at least provide known
16information verbally, if necessary, and must subsequently
17provide the information in writing as required by this
18subsection.
19    The information described in this subsection shall be
20provided in writing. In the case of emergency placements when
21time does not allow prior review, preparation, and collection
22of written information, the Department shall provide such
23information as it becomes available. Within 10 business days
24after placement, the Department shall obtain from the
25prospective adoptive parent or parents or other caretaker a
26signed verification of receipt of the information provided.

 

 

10100SB0025ham001- 37 -LRB101 00199 LNS 61214 a

1Within 10 business days after placement, the Department shall
2provide to the child's guardian ad litem a copy of the
3information provided to the prospective adoptive parent or
4parents or other caretaker. The information provided to the
5prospective adoptive parent or parents or other caretaker shall
6be reviewed and approved regarding accuracy at the supervisory
7level.
8    (u-5) Effective July 1, 1995, only foster care placements
9licensed as foster family homes pursuant to the Child Care Act
10of 1969 shall be eligible to receive foster care payments from
11the Department. Relative caregivers who, as of July 1, 1995,
12were approved pursuant to approved relative placement rules
13previously promulgated by the Department at 89 Ill. Adm. Code
14335 and had submitted an application for licensure as a foster
15family home may continue to receive foster care payments only
16until the Department determines that they may be licensed as a
17foster family home or that their application for licensure is
18denied or until September 30, 1995, whichever occurs first.
19    (v) The Department shall access criminal history record
20information as defined in the Illinois Uniform Conviction
21Information Act and information maintained in the adjudicatory
22and dispositional record system as defined in Section 2605-355
23of the Department of State Police Law (20 ILCS 2605/2605-355)
24if the Department determines the information is necessary to
25perform its duties under the Abused and Neglected Child
26Reporting Act, the Child Care Act of 1969, and the Children and

 

 

10100SB0025ham001- 38 -LRB101 00199 LNS 61214 a

1Family Services Act. The Department shall provide for
2interactive computerized communication and processing
3equipment that permits direct on-line communication with the
4Department of State Police's central criminal history data
5repository. The Department shall comply with all certification
6requirements and provide certified operators who have been
7trained by personnel from the Department of State Police. In
8addition, one Office of the Inspector General investigator
9shall have training in the use of the criminal history
10information access system and have access to the terminal. The
11Department of Children and Family Services and its employees
12shall abide by rules and regulations established by the
13Department of State Police relating to the access and
14dissemination of this information.
15    (v-1) Prior to final approval for placement of a child, the
16Department shall conduct a criminal records background check of
17the prospective foster or adoptive parent, including
18fingerprint-based checks of national crime information
19databases. Final approval for placement shall not be granted if
20the record check reveals a felony conviction for child abuse or
21neglect, for spousal abuse, for a crime against children, or
22for a crime involving violence, including rape, sexual assault,
23or homicide, but not including other physical assault or
24battery, or if there is a felony conviction for physical
25assault, battery, or a drug-related offense committed within
26the past 5 years.

 

 

10100SB0025ham001- 39 -LRB101 00199 LNS 61214 a

1    (v-2) Prior to final approval for placement of a child, the
2Department shall check its child abuse and neglect registry for
3information concerning prospective foster and adoptive
4parents, and any adult living in the home. If any prospective
5foster or adoptive parent or other adult living in the home has
6resided in another state in the preceding 5 years, the
7Department shall request a check of that other state's child
8abuse and neglect registry.
9    (w) Within 120 days of August 20, 1995 (the effective date
10of Public Act 89-392), the Department shall prepare and submit
11to the Governor and the General Assembly, a written plan for
12the development of in-state licensed secure child care
13facilities that care for children who are in need of secure
14living arrangements for their health, safety, and well-being.
15For purposes of this subsection, secure care facility shall
16mean a facility that is designed and operated to ensure that
17all entrances and exits from the facility, a building or a
18distinct part of the building, are under the exclusive control
19of the staff of the facility, whether or not the child has the
20freedom of movement within the perimeter of the facility,
21building, or distinct part of the building. The plan shall
22include descriptions of the types of facilities that are needed
23in Illinois; the cost of developing these secure care
24facilities; the estimated number of placements; the potential
25cost savings resulting from the movement of children currently
26out-of-state who are projected to be returned to Illinois; the

 

 

10100SB0025ham001- 40 -LRB101 00199 LNS 61214 a

1necessary geographic distribution of these facilities in
2Illinois; and a proposed timetable for development of such
3facilities.
4    (x) The Department shall conduct annual credit history
5checks to determine the financial history of children placed
6under its guardianship pursuant to the Juvenile Court Act of
71987. The Department shall conduct such credit checks starting
8when a youth in care turns 12 years old and each year
9thereafter for the duration of the guardianship as terminated
10pursuant to the Juvenile Court Act of 1987. The Department
11shall determine if financial exploitation of the child's
12personal information has occurred. If financial exploitation
13appears to have taken place or is presently ongoing, the
14Department shall notify the proper law enforcement agency, the
15proper State's Attorney, or the Attorney General.
16    (y) Beginning on July 22, 2010 (the effective date of
17Public Act 96-1189), a child with a disability who receives
18residential and educational services from the Department shall
19be eligible to receive transition services in accordance with
20Article 14 of the School Code from the age of 14.5 through age
2121, inclusive, notwithstanding the child's residential
22services arrangement. For purposes of this subsection, "child
23with a disability" means a child with a disability as defined
24by the federal Individuals with Disabilities Education
25Improvement Act of 2004.
26    (z) The Department shall access criminal history record

 

 

10100SB0025ham001- 41 -LRB101 00199 LNS 61214 a

1information as defined as "background information" in this
2subsection and criminal history record information as defined
3in the Illinois Uniform Conviction Information Act for each
4Department employee or Department applicant. Each Department
5employee or Department applicant shall submit his or her
6fingerprints to the Department of State Police in the form and
7manner prescribed by the Department of State Police. These
8fingerprints shall be checked against the fingerprint records
9now and hereafter filed in the Department of State Police and
10the Federal Bureau of Investigation criminal history records
11databases. The Department of State Police shall charge a fee
12for conducting the criminal history record check, which shall
13be deposited into the State Police Services Fund and shall not
14exceed the actual cost of the record check. The Department of
15State Police shall furnish, pursuant to positive
16identification, all Illinois conviction information to the
17Department of Children and Family Services.
18    For purposes of this subsection:
19    "Background information" means all of the following:
20        (i) Upon the request of the Department of Children and
21    Family Services, conviction information obtained from the
22    Department of State Police as a result of a
23    fingerprint-based criminal history records check of the
24    Illinois criminal history records database and the Federal
25    Bureau of Investigation criminal history records database
26    concerning a Department employee or Department applicant.

 

 

10100SB0025ham001- 42 -LRB101 00199 LNS 61214 a

1        (ii) Information obtained by the Department of
2    Children and Family Services after performing a check of
3    the Department of State Police's Sex Offender Database, as
4    authorized by Section 120 of the Sex Offender Community
5    Notification Law, concerning a Department employee or
6    Department applicant.
7        (iii) Information obtained by the Department of
8    Children and Family Services after performing a check of
9    the Child Abuse and Neglect Tracking System (CANTS)
10    operated and maintained by the Department.
11    "Department employee" means a full-time or temporary
12employee coded or certified within the State of Illinois
13Personnel System.
14    "Department applicant" means an individual who has
15conditional Department full-time or part-time work, a
16contractor, an individual used to replace or supplement staff,
17an academic intern, a volunteer in Department offices or on
18Department contracts, a work-study student, an individual or
19entity licensed by the Department, or an unlicensed service
20provider who works as a condition of a contract or an agreement
21and whose work may bring the unlicensed service provider into
22contact with Department clients or client records.
23(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
24100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
251-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
2610-3-18.)
 

 

 

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1    Section 910-15. The Freedom of Information Act is amended
2by changing Section 7.5 as follows:
 
3    (5 ILCS 140/7.5)
4    Sec. 7.5. Statutory exemptions. To the extent provided for
5by the statutes referenced below, the following shall be exempt
6from inspection and copying:
7        (a) All information determined to be confidential
8    under Section 4002 of the Technology Advancement and
9    Development Act.
10        (b) Library circulation and order records identifying
11    library users with specific materials under the Library
12    Records Confidentiality Act.
13        (c) Applications, related documents, and medical
14    records received by the Experimental Organ Transplantation
15    Procedures Board and any and all documents or other records
16    prepared by the Experimental Organ Transplantation
17    Procedures Board or its staff relating to applications it
18    has received.
19        (d) Information and records held by the Department of
20    Public Health and its authorized representatives relating
21    to known or suspected cases of sexually transmissible
22    disease or any information the disclosure of which is
23    restricted under the Illinois Sexually Transmissible
24    Disease Control Act.

 

 

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1        (e) Information the disclosure of which is exempted
2    under Section 30 of the Radon Industry Licensing Act.
3        (f) Firm performance evaluations under Section 55 of
4    the Architectural, Engineering, and Land Surveying
5    Qualifications Based Selection Act.
6        (g) Information the disclosure of which is restricted
7    and exempted under Section 50 of the Illinois Prepaid
8    Tuition Act.
9        (h) Information the disclosure of which is exempted
10    under the State Officials and Employees Ethics Act, and
11    records of any lawfully created State or local inspector
12    general's office that would be exempt if created or
13    obtained by an Executive Inspector General's office under
14    that Act.
15        (i) Information contained in a local emergency energy
16    plan submitted to a municipality in accordance with a local
17    emergency energy plan ordinance that is adopted under
18    Section 11-21.5-5 of the Illinois Municipal Code.
19        (j) Information and data concerning the distribution
20    of surcharge moneys collected and remitted by carriers
21    under the Emergency Telephone System Act.
22        (k) Law enforcement officer identification information
23    or driver identification information compiled by a law
24    enforcement agency or the Department of Transportation
25    under Section 11-212 of the Illinois Vehicle Code.
26        (l) Records and information provided to a residential

 

 

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1    health care facility resident sexual assault and death
2    review team or the Executive Council under the Abuse
3    Prevention Review Team Act.
4        (m) Information provided to the predatory lending
5    database created pursuant to Article 3 of the Residential
6    Real Property Disclosure Act, except to the extent
7    authorized under that Article.
8        (n) Defense budgets and petitions for certification of
9    compensation and expenses for court appointed trial
10    counsel as provided under Sections 10 and 15 of the Capital
11    Crimes Litigation Act. This subsection (n) shall apply
12    until the conclusion of the trial of the case, even if the
13    prosecution chooses not to pursue the death penalty prior
14    to trial or sentencing.
15        (o) Information that is prohibited from being
16    disclosed under Section 4 of the Illinois Health and
17    Hazardous Substances Registry Act.
18        (p) Security portions of system safety program plans,
19    investigation reports, surveys, schedules, lists, data, or
20    information compiled, collected, or prepared by or for the
21    Regional Transportation Authority under Section 2.11 of
22    the Regional Transportation Authority Act or the St. Clair
23    County Transit District under the Bi-State Transit Safety
24    Act.
25        (q) Information prohibited from being disclosed by the
26    Personnel Record Records Review Act.

 

 

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1        (r) Information prohibited from being disclosed by the
2    Illinois School Student Records Act.
3        (s) Information the disclosure of which is restricted
4    under Section 5-108 of the Public Utilities Act.
5        (t) All identified or deidentified health information
6    in the form of health data or medical records contained in,
7    stored in, submitted to, transferred by, or released from
8    the Illinois Health Information Exchange, and identified
9    or deidentified health information in the form of health
10    data and medical records of the Illinois Health Information
11    Exchange in the possession of the Illinois Health
12    Information Exchange Authority due to its administration
13    of the Illinois Health Information Exchange. The terms
14    "identified" and "deidentified" shall be given the same
15    meaning as in the Health Insurance Portability and
16    Accountability Act of 1996, Public Law 104-191, or any
17    subsequent amendments thereto, and any regulations
18    promulgated thereunder.
19        (u) Records and information provided to an independent
20    team of experts under the Developmental Disability and
21    Mental Health Safety Act (also known as Brian's Law).
22        (v) Names and information of people who have applied
23    for or received Firearm Owner's Identification Cards under
24    the Firearm Owners Identification Card Act or applied for
25    or received a concealed carry license under the Firearm
26    Concealed Carry Act, unless otherwise authorized by the

 

 

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1    Firearm Concealed Carry Act; and databases under the
2    Firearm Concealed Carry Act, records of the Concealed Carry
3    Licensing Review Board under the Firearm Concealed Carry
4    Act, and law enforcement agency objections under the
5    Firearm Concealed Carry Act.
6        (w) Personally identifiable information which is
7    exempted from disclosure under subsection (g) of Section
8    19.1 of the Toll Highway Act.
9        (x) Information which is exempted from disclosure
10    under Section 5-1014.3 of the Counties Code or Section
11    8-11-21 of the Illinois Municipal Code.
12        (y) Confidential information under the Adult
13    Protective Services Act and its predecessor enabling
14    statute, the Elder Abuse and Neglect Act, including
15    information about the identity and administrative finding
16    against any caregiver of a verified and substantiated
17    decision of abuse, neglect, or financial exploitation of an
18    eligible adult maintained in the Registry established
19    under Section 7.5 of the Adult Protective Services Act.
20        (z) Records and information provided to a fatality
21    review team or the Illinois Fatality Review Team Advisory
22    Council under Section 15 of the Adult Protective Services
23    Act.
24        (aa) Information which is exempted from disclosure
25    under Section 2.37 of the Wildlife Code.
26        (bb) Information which is or was prohibited from

 

 

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1    disclosure by the Juvenile Court Act of 1987.
2        (cc) Recordings made under the Law Enforcement
3    Officer-Worn Body Camera Act, except to the extent
4    authorized under that Act.
5        (dd) Information that is prohibited from being
6    disclosed under Section 45 of the Condominium and Common
7    Interest Community Ombudsperson Act.
8        (ee) Information that is exempted from disclosure
9    under Section 30.1 of the Pharmacy Practice Act.
10        (ff) Information that is exempted from disclosure
11    under the Revised Uniform Unclaimed Property Act.
12        (gg) Information that is prohibited from being
13    disclosed under Section 7-603.5 of the Illinois Vehicle
14    Code.
15        (hh) Records that are exempt from disclosure under
16    Section 1A-16.7 of the Election Code.
17        (ii) Information which is exempted from disclosure
18    under Section 2505-800 of the Department of Revenue Law of
19    the Civil Administrative Code of Illinois.
20        (jj) Information and reports that are required to be
21    submitted to the Department of Labor by registering day and
22    temporary labor service agencies but are exempt from
23    disclosure under subsection (a-1) of Section 45 of the Day
24    and Temporary Labor Services Act.
25        (kk) Information prohibited from disclosure under the
26    Seizure and Forfeiture Reporting Act.

 

 

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1        (ll) Information the disclosure of which is restricted
2    and exempted under Section 5-30.8 of the Illinois Public
3    Aid Code.
4        (mm) (ll) Records that are exempt from disclosure under
5    Section 4.2 of the Crime Victims Compensation Act.
6        (nn) (ll) Information that is exempt from disclosure
7    under Section 70 of the Higher Education Student Assistance
8    Act.
9        (oo) Information and records held by the Department of
10    Public Health and its authorized representatives collected
11    under the Reproductive Health Act.
12(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
13eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1499-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
15100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
168-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
17eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
18100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
1910-12-18.)
 
20    Section 910-20. The Counties Code is amended by changing
21Section 3-3013 as follows:
 
22    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
23    Sec. 3-3013. Preliminary investigations; blood and urine
24analysis; summoning jury; reports. Every coroner, whenever, as

 

 

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1soon as he knows or is informed that the dead body of any
2person is found, or lying within his county, whose death is
3suspected of being:
4        (a) A sudden or violent death, whether apparently
5    suicidal, homicidal or accidental, including but not
6    limited to deaths apparently caused or contributed to by
7    thermal, traumatic, chemical, electrical or radiational
8    injury, or a complication of any of them, or by drowning or
9    suffocation, or as a result of domestic violence as defined
10    in the Illinois Domestic Violence Act of 1986;
11        (b) A maternal or fetal death due to abortion, or any
12    death due to a sex crime or a crime against nature;
13        (c) A death where the circumstances are suspicious,
14    obscure, mysterious or otherwise unexplained or where, in
15    the written opinion of the attending physician, the cause
16    of death is not determined;
17        (d) A death where addiction to alcohol or to any drug
18    may have been a contributory cause; or
19        (e) A death where the decedent was not attended by a
20    licensed physician;
21shall go to the place where the dead body is, and take charge
22of the same and shall make a preliminary investigation into the
23circumstances of the death. In the case of death without
24attendance by a licensed physician the body may be moved with
25the coroner's consent from the place of death to a mortuary in
26the same county. Coroners in their discretion shall notify such

 

 

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1physician as is designated in accordance with Section 3-3014 to
2attempt to ascertain the cause of death, either by autopsy or
3otherwise.
4    In cases of accidental death involving a motor vehicle in
5which the decedent was (1) the operator or a suspected operator
6of a motor vehicle, or (2) a pedestrian 16 years of age or
7older, the coroner shall require that a blood specimen of at
8least 30 cc., and if medically possible a urine specimen of at
9least 30 cc. or as much as possible up to 30 cc., be withdrawn
10from the body of the decedent in a timely fashion after the
11accident causing his death, by such physician as has been
12designated in accordance with Section 3-3014, or by the coroner
13or deputy coroner or a qualified person designated by such
14physician, coroner, or deputy coroner. If the county does not
15maintain laboratory facilities for making such analysis, the
16blood and urine so drawn shall be sent to the Department of
17State Police or any other accredited or State-certified
18laboratory for analysis of the alcohol, carbon monoxide, and
19dangerous or narcotic drug content of such blood and urine
20specimens. Each specimen submitted shall be accompanied by
21pertinent information concerning the decedent upon a form
22prescribed by such laboratory. Any person drawing blood and
23urine and any person making any examination of the blood and
24urine under the terms of this Division shall be immune from all
25liability, civil or criminal, that might otherwise be incurred
26or imposed.

 

 

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1    In all other cases coming within the jurisdiction of the
2coroner and referred to in subparagraphs (a) through (e) above,
3blood, and whenever possible, urine samples shall be analyzed
4for the presence of alcohol and other drugs. When the coroner
5suspects that drugs may have been involved in the death, either
6directly or indirectly, a toxicological examination shall be
7performed which may include analyses of blood, urine, bile,
8gastric contents and other tissues. When the coroner suspects a
9death is due to toxic substances, other than drugs, the coroner
10shall consult with the toxicologist prior to collection of
11samples. Information submitted to the toxicologist shall
12include information as to height, weight, age, sex and race of
13the decedent as well as medical history, medications used by
14and the manner of death of decedent.
15    When the coroner or medical examiner finds that the cause
16of death is due to homicidal means, the coroner or medical
17examiner shall cause blood and buccal specimens (tissue may be
18submitted if no uncontaminated blood or buccal specimen can be
19obtained), whenever possible, to be withdrawn from the body of
20the decedent in a timely fashion. For proper preservation of
21the specimens, collected blood and buccal specimens shall be
22dried and tissue specimens shall be frozen if available
23equipment exists. As soon as possible, but no later than 30
24days after the collection of the specimens, the coroner or
25medical examiner shall release those specimens to the police
26agency responsible for investigating the death. As soon as

 

 

10100SB0025ham001- 53 -LRB101 00199 LNS 61214 a

1possible, but no later than 30 days after the receipt from the
2coroner or medical examiner, the police agency shall submit the
3specimens using the agency case number to a National DNA Index
4System (NDIS) participating laboratory within this State, such
5as the Illinois Department of State Police, Division of
6Forensic Services, for analysis and categorizing into genetic
7marker groupings. The results of the analysis and categorizing
8into genetic marker groupings shall be provided to the Illinois
9Department of State Police and shall be maintained by the
10Illinois Department of State Police in the State central
11repository in the same manner, and subject to the same
12conditions, as provided in Section 5-4-3 of the Unified Code of
13Corrections. The requirements of this paragraph are in addition
14to any other findings, specimens, or information that the
15coroner or medical examiner is required to provide during the
16conduct of a criminal investigation.
17    In all counties, in cases of apparent suicide, homicide, or
18accidental death or in other cases, within the discretion of
19the coroner, the coroner may summon 8 persons of lawful age
20from those persons drawn for petit jurors in the county. The
21summons shall command these persons to present themselves
22personally at such a place and time as the coroner shall
23determine, and may be in any form which the coroner shall
24determine and may incorporate any reasonable form of request
25for acknowledgement which the coroner deems practical and
26provides a reliable proof of service. The summons may be served

 

 

10100SB0025ham001- 54 -LRB101 00199 LNS 61214 a

1by first class mail. From the 8 persons so summoned, the
2coroner shall select 6 to serve as the jury for the inquest.
3Inquests may be continued from time to time, as the coroner may
4deem necessary. The 6 jurors selected in a given case may view
5the body of the deceased. If at any continuation of an inquest
6one or more of the original jurors shall be unable to continue
7to serve, the coroner shall fill the vacancy or vacancies. A
8juror serving pursuant to this paragraph shall receive
9compensation from the county at the same rate as the rate of
10compensation that is paid to petit or grand jurors in the
11county. The coroner shall furnish to each juror without fee at
12the time of his discharge a certificate of the number of days
13in attendance at an inquest, and, upon being presented with
14such certificate, the county treasurer shall pay to the juror
15the sum provided for his services.
16    In counties which have a jury commission, in cases of
17apparent suicide or homicide or of accidental death, the
18coroner may conduct an inquest. The jury commission shall
19provide at least 8 jurors to the coroner, from whom the coroner
20shall select any 6 to serve as the jury for the inquest.
21Inquests may be continued from time to time as the coroner may
22deem necessary. The 6 jurors originally chosen in a given case
23may view the body of the deceased. If at any continuation of an
24inquest one or more of the 6 jurors originally chosen shall be
25unable to continue to serve, the coroner shall fill the vacancy
26or vacancies. At the coroner's discretion, additional jurors to

 

 

10100SB0025ham001- 55 -LRB101 00199 LNS 61214 a

1fill such vacancies shall be supplied by the jury commission. A
2juror serving pursuant to this paragraph in such county shall
3receive compensation from the county at the same rate as the
4rate of compensation that is paid to petit or grand jurors in
5the county.
6    In every case in which a fire is determined to be a
7contributing factor in a death, the coroner shall report the
8death to the Office of the State Fire Marshal. The coroner
9shall provide a copy of the death certificate (i) within 30
10days after filing the permanent death certificate and (ii) in a
11manner that is agreed upon by the coroner and the State Fire
12Marshal.
13    In every case in which a drug overdose is determined to be
14the cause or a contributing factor in the death, the coroner or
15medical examiner shall report the death to the Department of
16Public Health. The Department of Public Health shall adopt
17rules regarding specific information that must be reported in
18the event of such a death. If possible, the coroner shall
19report the cause of the overdose. As used in this Section,
20"overdose" has the same meaning as it does in Section 414 of
21the Illinois Controlled Substances Act. The Department of
22Public Health shall issue a semiannual report to the General
23Assembly summarizing the reports received. The Department
24shall also provide on its website a monthly report of overdose
25death figures organized by location, age, and any other
26factors, the Department deems appropriate.

 

 

10100SB0025ham001- 56 -LRB101 00199 LNS 61214 a

1    In addition, in every case in which domestic violence is
2determined to be a contributing factor in a death, the coroner
3shall report the death to the Department of State Police.
4    All deaths in State institutions and all deaths of wards of
5the State or youth in care as defined in Section 4d of the
6Children and Family Services Act in private care facilities or
7in programs funded by the Department of Human Services under
8its powers relating to mental health and developmental
9disabilities or alcoholism and substance abuse or funded by the
10Department of Children and Family Services shall be reported to
11the coroner of the county in which the facility is located. If
12the coroner has reason to believe that an investigation is
13needed to determine whether the death was caused by
14maltreatment or negligent care of the ward of the State or
15youth in care as defined in Section 4d of the Children and
16Family Services Act, the coroner may conduct a preliminary
17investigation of the circumstances of such death as in cases of
18death under circumstances set forth in paragraphs (a) through
19(e) of this Section.
20(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
21eff. 7-28-16; 100-159, eff. 8-18-17.)
 
22    Section 910-25. The Ambulatory Surgical Treatment Center
23Act is amended by changing Section 2, and 3 as follows:
 
24    (210 ILCS 5/2)  (from Ch. 111 1/2, par. 157-8.2)

 

 

10100SB0025ham001- 57 -LRB101 00199 LNS 61214 a

1    Sec. 2. It is declared to be the public policy that the
2State has a legitimate interest in assuring that all medical
3procedures, including abortions, are performed under
4circumstances that insure maximum safety. Therefore, the
5purpose of this Act is to provide for the better protection of
6the public health through the development, establishment, and
7enforcement of standards (1) for the care of individuals in
8ambulatory surgical treatment centers, and (2) for the
9construction, maintenance and operation of ambulatory surgical
10treatment centers, which, in light of advancing knowledge, will
11promote safe and adequate treatment of such individuals in
12ambulatory surgical treatment centers.
13(Source: P.A. 78-227.)
 
14    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
15    Sec. 3. As used in this Act, unless the context otherwise
16requires, the following words and phrases shall have the
17meanings ascribed to them:
18    (A) "Ambulatory surgical treatment center" means any
19institution, place or building devoted primarily to the
20maintenance and operation of facilities for the performance of
21surgical procedures. "Ambulatory surgical treatment center"
22includes any place that meets and complies with the definition
23of an ambulatory surgical treatment center under the rules
24adopted by the Department or any facility in which a medical or
25surgical procedure is utilized to terminate a pregnancy,

 

 

10100SB0025ham001- 58 -LRB101 00199 LNS 61214 a

1irrespective of whether the facility is devoted primarily to
2this purpose. Such facility shall not provide beds or other
3accommodations for the overnight stay of patients; however,
4facilities devoted exclusively to the treatment of children may
5provide accommodations and beds for their patients for up to 23
6hours following admission. Individual patients shall be
7discharged in an ambulatory condition without danger to the
8continued well being of the patients or shall be transferred to
9a hospital.
10    The term "ambulatory surgical treatment center" does not
11include any of the following:
12        (1) Any institution, place, building or agency
13    required to be licensed pursuant to the "Hospital Licensing
14    Act", approved July 1, 1953, as amended.
15        (2) Any person or institution required to be licensed
16    pursuant to the Nursing Home Care Act, the Specialized
17    Mental Health Rehabilitation Act of 2013, the ID/DD
18    Community Care Act, or the MC/DD Act.
19        (3) Hospitals or ambulatory surgical treatment centers
20    maintained by the State or any department or agency
21    thereof, where such department or agency has authority
22    under law to establish and enforce standards for the
23    hospitals or ambulatory surgical treatment centers under
24    its management and control.
25        (4) Hospitals or ambulatory surgical treatment centers
26    maintained by the Federal Government or agencies thereof.

 

 

10100SB0025ham001- 59 -LRB101 00199 LNS 61214 a

1        (5) Any place, agency, clinic, or practice, public or
2    private, whether organized for profit or not, devoted
3    exclusively to the performance of dental or oral surgical
4    procedures.
5        (6) Any facility in which the performance of abortion
6    procedures, including procedures to terminate a pregnancy
7    or to manage pregnancy loss, is limited to those performed
8    without general, epidural, or spinal anesthesia, and which
9    is not otherwise required to be an ambulatory surgical
10    treatment center. For purposes of this paragraph,
11    "general, epidural, or spinal anesthesia" does not include
12    local anesthesia or intravenous sedation. Nothing in this
13    paragraph shall be construed to limit any such facility
14    from voluntarily electing to apply for licensure as an
15    ambulatory surgical treatment center.
16    (B) "Person" means any individual, firm, partnership,
17corporation, company, association, or joint stock association,
18or the legal successor thereof.
19    (C) "Department" means the Department of Public Health of
20the State of Illinois.
21    (D) "Director" means the Director of the Department of
22Public Health of the State of Illinois.
23    (E) "Physician" means a person licensed to practice
24medicine in all of its branches in the State of Illinois.
25    (F) "Dentist" means a person licensed to practice dentistry
26under the Illinois Dental Practice Act.

 

 

10100SB0025ham001- 60 -LRB101 00199 LNS 61214 a

1    (G) "Podiatric physician" means a person licensed to
2practice podiatry under the Podiatric Medical Practice Act of
31987.
4(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15;
599-180, eff. 7-29-15.)
 
6    Section 910-30. The Illinois Insurance Code is amended by
7changing Section 356z.4 and adding 356z.4a as follows:
 
8    (215 ILCS 5/356z.4)
9    Sec. 356z.4. Coverage for contraceptives.
10    (a)(1) The General Assembly hereby finds and declares all
11of the following:
12        (A) Illinois has a long history of expanding timely
13    access to birth control to prevent unintended pregnancy.
14        (B) The federal Patient Protection and Affordable Care
15    Act includes a contraceptive coverage guarantee as part of
16    a broader requirement for health insurance to cover key
17    preventive care services without out-of-pocket costs for
18    patients.
19        (C) The General Assembly intends to build on existing
20    State and federal law to promote gender equity and women's
21    health and to ensure greater contraceptive coverage equity
22    and timely access to all federal Food and Drug
23    Administration approved methods of birth control for all
24    individuals covered by an individual or group health

 

 

10100SB0025ham001- 61 -LRB101 00199 LNS 61214 a

1    insurance policy in Illinois.
2        (D) Medical management techniques such as denials,
3    step therapy, or prior authorization in public and private
4    health care coverage can impede access to the most
5    effective contraceptive methods.
6    (2) As used in this subsection (a):
7    "Contraceptive services" includes consultations,
8examinations, procedures, and medical services related to the
9use of contraceptive methods (including natural family
10planning) to prevent an unintended pregnancy.
11    "Medical necessity", for the purposes of this subsection
12(a), includes, but is not limited to, considerations such as
13severity of side effects, differences in permanence and
14reversibility of contraceptive, and ability to adhere to the
15appropriate use of the item or service, as determined by the
16attending provider.
17    "Therapeutic equivalent version" means drugs, devices, or
18products that can be expected to have the same clinical effect
19and safety profile when administered to patients under the
20conditions specified in the labeling and satisfy the following
21general criteria:
22        (i) they are approved as safe and effective;
23        (ii) they are pharmaceutical equivalents in that they
24    (A) contain identical amounts of the same active drug
25    ingredient in the same dosage form and route of
26    administration and (B) meet compendial or other applicable

 

 

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1    standards of strength, quality, purity, and identity;
2        (iii) they are bioequivalent in that (A) they do not
3    present a known or potential bioequivalence problem and
4    they meet an acceptable in vitro standard or (B) if they do
5    present such a known or potential problem, they are shown
6    to meet an appropriate bioequivalence standard;
7        (iv) they are adequately labeled; and
8        (v) they are manufactured in compliance with Current
9    Good Manufacturing Practice regulations.
10    (3) An individual or group policy of accident and health
11insurance amended, delivered, issued, or renewed in this State
12after the effective date of this amendatory Act of the 99th
13General Assembly shall provide coverage for all of the
14following services and contraceptive methods:
15        (A) All contraceptive drugs, devices, and other
16    products approved by the United States Food and Drug
17    Administration. This includes all over-the-counter
18    contraceptive drugs, devices, and products approved by the
19    United States Food and Drug Administration, excluding male
20    condoms. The following apply:
21            (i) If the United States Food and Drug
22        Administration has approved one or more therapeutic
23        equivalent versions of a contraceptive drug, device,
24        or product, a policy is not required to include all
25        such therapeutic equivalent versions in its formulary,
26        so long as at least one is included and covered without

 

 

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1        cost-sharing and in accordance with this Section.
2            (ii) If an individual's attending provider
3        recommends a particular service or item approved by the
4        United States Food and Drug Administration based on a
5        determination of medical necessity with respect to
6        that individual, the plan or issuer must cover that
7        service or item without cost sharing. The plan or
8        issuer must defer to the determination of the attending
9        provider.
10            (iii) If a drug, device, or product is not covered,
11        plans and issuers must have an easily accessible,
12        transparent, and sufficiently expedient process that
13        is not unduly burdensome on the individual or a
14        provider or other individual acting as a patient's
15        authorized representative to ensure coverage without
16        cost sharing.
17            (iv) This coverage must provide for the dispensing
18        of 12 months' worth of contraception at one time.
19        (B) Voluntary sterilization procedures.
20        (C) Contraceptive services, patient education, and
21    counseling on contraception.
22        (D) Follow-up services related to the drugs, devices,
23    products, and procedures covered under this Section,
24    including, but not limited to, management of side effects,
25    counseling for continued adherence, and device insertion
26    and removal.

 

 

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1    (4) Except as otherwise provided in this subsection (a), a
2policy subject to this subsection (a) shall not impose a
3deductible, coinsurance, copayment, or any other cost-sharing
4requirement on the coverage provided. The provisions of this
5paragraph do not apply to coverage of voluntary male
6sterilization procedures to the extent such coverage would
7disqualify a high-deductible health plan from eligibility for a
8health savings account pursuant to the federal Internal Revenue
9Code, 26 U.S.C. 223.
10    (5) Except as otherwise authorized under this subsection
11(a), a policy shall not impose any restrictions or delays on
12the coverage required under this subsection (a).
13    (6) If, at any time, the Secretary of the United States
14Department of Health and Human Services, or its successor
15agency, promulgates rules or regulations to be published in the
16Federal Register or publishes a comment in the Federal Register
17or issues an opinion, guidance, or other action that would
18require the State, pursuant to any provision of the Patient
19Protection and Affordable Care Act (Public Law 111-148),
20including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
21successor provision, to defray the cost of any coverage
22outlined in this subsection (a), then this subsection (a) is
23inoperative with respect to all coverage outlined in this
24subsection (a) other than that authorized under Section 1902 of
25the Social Security Act, 42 U.S.C. 1396a, and the State shall
26not assume any obligation for the cost of the coverage set

 

 

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1forth in this subsection (a).
2    (b) This subsection (b) shall become operative if and only
3if subsection (a) becomes inoperative.
4    An individual or group policy of accident and health
5insurance amended, delivered, issued, or renewed in this State
6after the date this subsection (b) becomes operative that
7provides coverage for outpatient services and outpatient
8prescription drugs or devices must provide coverage for the
9insured and any dependent of the insured covered by the policy
10for all outpatient contraceptive services and all outpatient
11contraceptive drugs and devices approved by the Food and Drug
12Administration. Coverage required under this Section may not
13impose any deductible, coinsurance, waiting period, or other
14cost-sharing or limitation that is greater than that required
15for any outpatient service or outpatient prescription drug or
16device otherwise covered by the policy.
17    Nothing in this subsection (b) shall be construed to
18require an insurance company to cover services related to
19permanent sterilization that requires a surgical procedure.
20    As used in this subsection (b), "outpatient contraceptive
21service" means consultations, examinations, procedures, and
22medical services, provided on an outpatient basis and related
23to the use of contraceptive methods (including natural family
24planning) to prevent an unintended pregnancy.
25    (c) (Blank). Nothing in this Section shall be construed to
26require an insurance company to cover services related to an

 

 

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1abortion as the term "abortion" is defined in the Illinois
2Abortion Law of 1975.
3    (d) If a plan or issuer utilizes a network of providers,
4nothing in this Section shall be construed to require coverage
5or to prohibit the plan or issuer from imposing cost-sharing
6for items or services described in this Section that are
7provided or delivered by an out-of-network provider, unless the
8plan or issuer does not have in its network a provider who is
9able to or is willing to provide the applicable items or
10services.
11(Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19.)
 
12    (215 ILCS 5/356z.4a new)
13    Sec. 356z.4a. Coverage for abortion.
14    (a) Except as otherwise provided in this Section, no
15individual or group policy of accident and health insurance
16that provides pregnancy-related benefits may be issued,
17amended, delivered, or renewed in this State after the
18effective date of this amendatory Act of the 101st General
19Assembly unless the policy provides a covered person with
20coverage for abortion care.
21    (b) Coverage for abortion care may not impose any
22deductible, coinsurance, waiting period, or other cost-sharing
23limitation that is greater than that required for other
24pregnancy-related benefits covered by the policy.
25    (c) Except as otherwise authorized under this Section, a

 

 

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1policy shall not impose any restrictions or delays on the
2coverage required under this Section.
3    (d) This Section does not, pursuant to 42 U.S.C.
418054(a)(6), apply to a multistate plan that does not provide
5coverage for abortion.
6    (e) If the Department concludes that enforcement of this
7Section may adversely affect the allocation of federal funds to
8this State, the Department may grant an exemption to the
9requirements, but only to the minimum extent necessary to
10ensure the continued receipt of federal funds.
 
11    Section 910-35. The Health Maintenance Organization Act is
12amended by changing Section 5-3 as follows:
 
13    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
14    Sec. 5-3. Insurance Code provisions.
15    (a) Health Maintenance Organizations shall be subject to
16the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
17141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
18154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
19355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
20356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
21356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
22356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
23364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
24368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,

 

 

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1409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
2Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
3XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
4    (b) For purposes of the Illinois Insurance Code, except for
5Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
6Maintenance Organizations in the following categories are
7deemed to be "domestic companies":
8        (1) a corporation authorized under the Dental Service
9    Plan Act or the Voluntary Health Services Plans Act;
10        (2) a corporation organized under the laws of this
11    State; or
12        (3) a corporation organized under the laws of another
13    state, 30% or more of the enrollees of which are residents
14    of this State, except a corporation subject to
15    substantially the same requirements in its state of
16    organization as is a "domestic company" under Article VIII
17    1/2 of the Illinois Insurance Code.
18    (c) In considering the merger, consolidation, or other
19acquisition of control of a Health Maintenance Organization
20pursuant to Article VIII 1/2 of the Illinois Insurance Code,
21        (1) the Director shall give primary consideration to
22    the continuation of benefits to enrollees and the financial
23    conditions of the acquired Health Maintenance Organization
24    after the merger, consolidation, or other acquisition of
25    control takes effect;
26        (2)(i) the criteria specified in subsection (1)(b) of

 

 

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1    Section 131.8 of the Illinois Insurance Code shall not
2    apply and (ii) the Director, in making his determination
3    with respect to the merger, consolidation, or other
4    acquisition of control, need not take into account the
5    effect on competition of the merger, consolidation, or
6    other acquisition of control;
7        (3) the Director shall have the power to require the
8    following information:
9            (A) certification by an independent actuary of the
10        adequacy of the reserves of the Health Maintenance
11        Organization sought to be acquired;
12            (B) pro forma financial statements reflecting the
13        combined balance sheets of the acquiring company and
14        the Health Maintenance Organization sought to be
15        acquired as of the end of the preceding year and as of
16        a date 90 days prior to the acquisition, as well as pro
17        forma financial statements reflecting projected
18        combined operation for a period of 2 years;
19            (C) a pro forma business plan detailing an
20        acquiring party's plans with respect to the operation
21        of the Health Maintenance Organization sought to be
22        acquired for a period of not less than 3 years; and
23            (D) such other information as the Director shall
24        require.
25    (d) The provisions of Article VIII 1/2 of the Illinois
26Insurance Code and this Section 5-3 shall apply to the sale by

 

 

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1any health maintenance organization of greater than 10% of its
2enrollee population (including without limitation the health
3maintenance organization's right, title, and interest in and to
4its health care certificates).
5    (e) In considering any management contract or service
6agreement subject to Section 141.1 of the Illinois Insurance
7Code, the Director (i) shall, in addition to the criteria
8specified in Section 141.2 of the Illinois Insurance Code, take
9into account the effect of the management contract or service
10agreement on the continuation of benefits to enrollees and the
11financial condition of the health maintenance organization to
12be managed or serviced, and (ii) need not take into account the
13effect of the management contract or service agreement on
14competition.
15    (f) Except for small employer groups as defined in the
16Small Employer Rating, Renewability and Portability Health
17Insurance Act and except for medicare supplement policies as
18defined in Section 363 of the Illinois Insurance Code, a Health
19Maintenance Organization may by contract agree with a group or
20other enrollment unit to effect refunds or charge additional
21premiums under the following terms and conditions:
22        (i) the amount of, and other terms and conditions with
23    respect to, the refund or additional premium are set forth
24    in the group or enrollment unit contract agreed in advance
25    of the period for which a refund is to be paid or
26    additional premium is to be charged (which period shall not

 

 

10100SB0025ham001- 71 -LRB101 00199 LNS 61214 a

1    be less than one year); and
2        (ii) the amount of the refund or additional premium
3    shall not exceed 20% of the Health Maintenance
4    Organization's profitable or unprofitable experience with
5    respect to the group or other enrollment unit for the
6    period (and, for purposes of a refund or additional
7    premium, the profitable or unprofitable experience shall
8    be calculated taking into account a pro rata share of the
9    Health Maintenance Organization's administrative and
10    marketing expenses, but shall not include any refund to be
11    made or additional premium to be paid pursuant to this
12    subsection (f)). The Health Maintenance Organization and
13    the group or enrollment unit may agree that the profitable
14    or unprofitable experience may be calculated taking into
15    account the refund period and the immediately preceding 2
16    plan years.
17    The Health Maintenance Organization shall include a
18statement in the evidence of coverage issued to each enrollee
19describing the possibility of a refund or additional premium,
20and upon request of any group or enrollment unit, provide to
21the group or enrollment unit a description of the method used
22to calculate (1) the Health Maintenance Organization's
23profitable experience with respect to the group or enrollment
24unit and the resulting refund to the group or enrollment unit
25or (2) the Health Maintenance Organization's unprofitable
26experience with respect to the group or enrollment unit and the

 

 

10100SB0025ham001- 72 -LRB101 00199 LNS 61214 a

1resulting additional premium to be paid by the group or
2enrollment unit.
3    In no event shall the Illinois Health Maintenance
4Organization Guaranty Association be liable to pay any
5contractual obligation of an insolvent organization to pay any
6refund authorized under this Section.
7    (g) Rulemaking authority to implement Public Act 95-1045,
8if any, is conditioned on the rules being adopted in accordance
9with all provisions of the Illinois Administrative Procedure
10Act and all rules and procedures of the Joint Committee on
11Administrative Rules; any purported rule not so adopted, for
12whatever reason, is unauthorized.
13(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
14100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.
158-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
1610-4-18.)
 
17    Section 910-40. The Voluntary Health Services Plans Act is
18amended by changing Section 10 as follows:
 
19    (215 ILCS 165/10)  (from Ch. 32, par. 604)
20    Sec. 10. Application of Insurance Code provisions. Health
21services plan corporations and all persons interested therein
22or dealing therewith shall be subject to the provisions of
23Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
24143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,

 

 

10100SB0025ham001- 73 -LRB101 00199 LNS 61214 a

1356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
2356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
3356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
4356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
5356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1, 402, 403,
6403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
7Section 367 of the Illinois Insurance Code.
8    Rulemaking authority to implement Public Act 95-1045, if
9any, is conditioned on the rules being adopted in accordance
10with all provisions of the Illinois Administrative Procedure
11Act and all rules and procedures of the Joint Committee on
12Administrative Rules; any purported rule not so adopted, for
13whatever reason, is unauthorized.
14(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
15100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
161-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)
 
17    Section 910-45. The Medical Practice Act of 1987 is amended
18by changing Section 22 and 36 as follows:
 
19    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
20    (Section scheduled to be repealed on December 31, 2019)
21    Sec. 22. Disciplinary action.
22    (A) The Department may revoke, suspend, place on probation,
23reprimand, refuse to issue or renew, or take any other
24disciplinary or non-disciplinary action as the Department may

 

 

10100SB0025ham001- 74 -LRB101 00199 LNS 61214 a

1deem proper with regard to the license or permit of any person
2issued under this Act, including imposing fines not to exceed
3$10,000 for each violation, upon any of the following grounds:
4        (1) (Blank). Performance of an elective abortion in any
5    place, locale, facility, or institution other than:
6            (a) a facility licensed pursuant to the Ambulatory
7        Surgical Treatment Center Act;
8            (b) an institution licensed under the Hospital
9        Licensing Act;
10            (c) an ambulatory surgical treatment center or
11        hospitalization or care facility maintained by the
12        State or any agency thereof, where such department or
13        agency has authority under law to establish and enforce
14        standards for the ambulatory surgical treatment
15        centers, hospitalization, or care facilities under its
16        management and control;
17            (d) ambulatory surgical treatment centers,
18        hospitalization or care facilities maintained by the
19        Federal Government; or
20            (e) ambulatory surgical treatment centers,
21        hospitalization or care facilities maintained by any
22        university or college established under the laws of
23        this State and supported principally by public funds
24        raised by taxation.
25        (2) (Blank). Performance of an abortion procedure in a
26    willful and wanton manner on a woman who was not pregnant

 

 

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1    at the time the abortion procedure was performed.
2        (3) A plea of guilty or nolo contendere, finding of
3    guilt, jury verdict, or entry of judgment or sentencing,
4    including, but not limited to, convictions, preceding
5    sentences of supervision, conditional discharge, or first
6    offender probation, under the laws of any jurisdiction of
7    the United States of any crime that is a felony.
8        (4) Gross negligence in practice under this Act.
9        (5) Engaging in dishonorable, unethical or
10    unprofessional conduct of a character likely to deceive,
11    defraud or harm the public.
12        (6) Obtaining any fee by fraud, deceit, or
13    misrepresentation.
14        (7) Habitual or excessive use or abuse of drugs defined
15    in law as controlled substances, of alcohol, or of any
16    other substances which results in the inability to practice
17    with reasonable judgment, skill or safety.
18        (8) Practicing under a false or, except as provided by
19    law, an assumed name.
20        (9) Fraud or misrepresentation in applying for, or
21    procuring, a license under this Act or in connection with
22    applying for renewal of a license under this Act.
23        (10) Making a false or misleading statement regarding
24    their skill or the efficacy or value of the medicine,
25    treatment, or remedy prescribed by them at their direction
26    in the treatment of any disease or other condition of the

 

 

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1    body or mind.
2        (11) Allowing another person or organization to use
3    their license, procured under this Act, to practice.
4        (12) Adverse action taken by another state or
5    jurisdiction against a license or other authorization to
6    practice as a medical doctor, doctor of osteopathy, doctor
7    of osteopathic medicine or doctor of chiropractic, a
8    certified copy of the record of the action taken by the
9    other state or jurisdiction being prima facie evidence
10    thereof. This includes any adverse action taken by a State
11    or federal agency that prohibits a medical doctor, doctor
12    of osteopathy, doctor of osteopathic medicine, or doctor of
13    chiropractic from providing services to the agency's
14    participants.
15        (13) Violation of any provision of this Act or of the
16    Medical Practice Act prior to the repeal of that Act, or
17    violation of the rules, or a final administrative action of
18    the Secretary, after consideration of the recommendation
19    of the Disciplinary Board.
20        (14) Violation of the prohibition against fee
21    splitting in Section 22.2 of this Act.
22        (15) A finding by the Disciplinary Board that the
23    registrant after having his or her license placed on
24    probationary status or subjected to conditions or
25    restrictions violated the terms of the probation or failed
26    to comply with such terms or conditions.

 

 

10100SB0025ham001- 77 -LRB101 00199 LNS 61214 a

1        (16) Abandonment of a patient.
2        (17) Prescribing, selling, administering,
3    distributing, giving or self-administering any drug
4    classified as a controlled substance (designated product)
5    or narcotic for other than medically accepted therapeutic
6    purposes.
7        (18) Promotion of the sale of drugs, devices,
8    appliances or goods provided for a patient in such manner
9    as to exploit the patient for financial gain of the
10    physician.
11        (19) Offering, undertaking or agreeing to cure or treat
12    disease by a secret method, procedure, treatment or
13    medicine, or the treating, operating or prescribing for any
14    human condition by a method, means or procedure which the
15    licensee refuses to divulge upon demand of the Department.
16        (20) Immoral conduct in the commission of any act
17    including, but not limited to, commission of an act of
18    sexual misconduct related to the licensee's practice.
19        (21) Willfully making or filing false records or
20    reports in his or her practice as a physician, including,
21    but not limited to, false records to support claims against
22    the medical assistance program of the Department of
23    Healthcare and Family Services (formerly Department of
24    Public Aid) under the Illinois Public Aid Code.
25        (22) Willful omission to file or record, or willfully
26    impeding the filing or recording, or inducing another

 

 

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1    person to omit to file or record, medical reports as
2    required by law, or willfully failing to report an instance
3    of suspected abuse or neglect as required by law.
4        (23) Being named as a perpetrator in an indicated
5    report by the Department of Children and Family Services
6    under the Abused and Neglected Child Reporting Act, and
7    upon proof by clear and convincing evidence that the
8    licensee has caused a child to be an abused child or
9    neglected child as defined in the Abused and Neglected
10    Child Reporting Act.
11        (24) Solicitation of professional patronage by any
12    corporation, agents or persons, or profiting from those
13    representing themselves to be agents of the licensee.
14        (25) Gross and willful and continued overcharging for
15    professional services, including filing false statements
16    for collection of fees for which services are not rendered,
17    including, but not limited to, filing such false statements
18    for collection of monies for services not rendered from the
19    medical assistance program of the Department of Healthcare
20    and Family Services (formerly Department of Public Aid)
21    under the Illinois Public Aid Code.
22        (26) A pattern of practice or other behavior which
23    demonstrates incapacity or incompetence to practice under
24    this Act.
25        (27) Mental illness or disability which results in the
26    inability to practice under this Act with reasonable

 

 

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1    judgment, skill or safety.
2        (28) Physical illness, including, but not limited to,
3    deterioration through the aging process, or loss of motor
4    skill which results in a physician's inability to practice
5    under this Act with reasonable judgment, skill or safety.
6        (29) Cheating on or attempt to subvert the licensing
7    examinations administered under this Act.
8        (30) Willfully or negligently violating the
9    confidentiality between physician and patient except as
10    required by law.
11        (31) The use of any false, fraudulent, or deceptive
12    statement in any document connected with practice under
13    this Act.
14        (32) Aiding and abetting an individual not licensed
15    under this Act in the practice of a profession licensed
16    under this Act.
17        (33) Violating state or federal laws or regulations
18    relating to controlled substances, legend drugs, or
19    ephedra as defined in the Ephedra Prohibition Act.
20        (34) Failure to report to the Department any adverse
21    final action taken against them by another licensing
22    jurisdiction (any other state or any territory of the
23    United States or any foreign state or country), by any peer
24    review body, by any health care institution, by any
25    professional society or association related to practice
26    under this Act, by any governmental agency, by any law

 

 

10100SB0025ham001- 80 -LRB101 00199 LNS 61214 a

1    enforcement agency, or by any court for acts or conduct
2    similar to acts or conduct which would constitute grounds
3    for action as defined in this Section.
4        (35) Failure to report to the Department surrender of a
5    license or authorization to practice as a medical doctor, a
6    doctor of osteopathy, a doctor of osteopathic medicine, or
7    doctor of chiropractic in another state or jurisdiction, or
8    surrender of membership on any medical staff or in any
9    medical or professional association or society, while
10    under disciplinary investigation by any of those
11    authorities or bodies, for acts or conduct similar to acts
12    or conduct which would constitute grounds for action as
13    defined in this Section.
14        (36) Failure to report to the Department any adverse
15    judgment, settlement, or award arising from a liability
16    claim related to acts or conduct similar to acts or conduct
17    which would constitute grounds for action as defined in
18    this Section.
19        (37) Failure to provide copies of medical records as
20    required by law.
21        (38) Failure to furnish the Department, its
22    investigators or representatives, relevant information,
23    legally requested by the Department after consultation
24    with the Chief Medical Coordinator or the Deputy Medical
25    Coordinator.
26        (39) Violating the Health Care Worker Self-Referral

 

 

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1    Act.
2        (40) Willful failure to provide notice when notice is
3    required under the Parental Notice of Abortion Act of 1995.
4        (41) Failure to establish and maintain records of
5    patient care and treatment as required by this law.
6        (42) Entering into an excessive number of written
7    collaborative agreements with licensed advanced practice
8    registered nurses resulting in an inability to adequately
9    collaborate.
10        (43) Repeated failure to adequately collaborate with a
11    licensed advanced practice registered nurse.
12        (44) Violating the Compassionate Use of Medical
13    Cannabis Pilot Program Act.
14        (45) Entering into an excessive number of written
15    collaborative agreements with licensed prescribing
16    psychologists resulting in an inability to adequately
17    collaborate.
18        (46) Repeated failure to adequately collaborate with a
19    licensed prescribing psychologist.
20        (47) Willfully failing to report an instance of
21    suspected abuse, neglect, financial exploitation, or
22    self-neglect of an eligible adult as defined in and
23    required by the Adult Protective Services Act.
24        (48) Being named as an abuser in a verified report by
25    the Department on Aging under the Adult Protective Services
26    Act, and upon proof by clear and convincing evidence that

 

 

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1    the licensee abused, neglected, or financially exploited
2    an eligible adult as defined in the Adult Protective
3    Services Act.
4        (49) Entering into an excessive number of written
5    collaborative agreements with licensed physician
6    assistants resulting in an inability to adequately
7    collaborate.
8        (50) Repeated failure to adequately collaborate with a
9    physician assistant.
10    Except for actions involving the ground numbered (26), all
11proceedings to suspend, revoke, place on probationary status,
12or take any other disciplinary action as the Department may
13deem proper, with regard to a license on any of the foregoing
14grounds, must be commenced within 5 years next after receipt by
15the Department of a complaint alleging the commission of or
16notice of the conviction order for any of the acts described
17herein. Except for the grounds numbered (8), (9), (26), and
18(29), no action shall be commenced more than 10 years after the
19date of the incident or act alleged to have violated this
20Section. For actions involving the ground numbered (26), a
21pattern of practice or other behavior includes all incidents
22alleged to be part of the pattern of practice or other behavior
23that occurred, or a report pursuant to Section 23 of this Act
24received, within the 10-year period preceding the filing of the
25complaint. In the event of the settlement of any claim or cause
26of action in favor of the claimant or the reduction to final

 

 

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1judgment of any civil action in favor of the plaintiff, such
2claim, cause of action or civil action being grounded on the
3allegation that a person licensed under this Act was negligent
4in providing care, the Department shall have an additional
5period of 2 years from the date of notification to the
6Department under Section 23 of this Act of such settlement or
7final judgment in which to investigate and commence formal
8disciplinary proceedings under Section 36 of this Act, except
9as otherwise provided by law. The time during which the holder
10of the license was outside the State of Illinois shall not be
11included within any period of time limiting the commencement of
12disciplinary action by the Department.
13    The entry of an order or judgment by any circuit court
14establishing that any person holding a license under this Act
15is a person in need of mental treatment operates as a
16suspension of that license. That person may resume their
17practice only upon the entry of a Departmental order based upon
18a finding by the Disciplinary Board that they have been
19determined to be recovered from mental illness by the court and
20upon the Disciplinary Board's recommendation that they be
21permitted to resume their practice.
22    The Department may refuse to issue or take disciplinary
23action concerning the license of any person who fails to file a
24return, or to pay the tax, penalty or interest shown in a filed
25return, or to pay any final assessment of tax, penalty or
26interest, as required by any tax Act administered by the

 

 

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1Illinois Department of Revenue, until such time as the
2requirements of any such tax Act are satisfied as determined by
3the Illinois Department of Revenue.
4    The Department, upon the recommendation of the
5Disciplinary Board, shall adopt rules which set forth standards
6to be used in determining:
7        (a) when a person will be deemed sufficiently
8    rehabilitated to warrant the public trust;
9        (b) what constitutes dishonorable, unethical or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public;
12        (c) what constitutes immoral conduct in the commission
13    of any act, including, but not limited to, commission of an
14    act of sexual misconduct related to the licensee's
15    practice; and
16        (d) what constitutes gross negligence in the practice
17    of medicine.
18    However, no such rule shall be admissible into evidence in
19any civil action except for review of a licensing or other
20disciplinary action under this Act.
21    In enforcing this Section, the Disciplinary Board or the
22Licensing Board, upon a showing of a possible violation, may
23compel, in the case of the Disciplinary Board, any individual
24who is licensed to practice under this Act or holds a permit to
25practice under this Act, or, in the case of the Licensing
26Board, any individual who has applied for licensure or a permit

 

 

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1pursuant to this Act, to submit to a mental or physical
2examination and evaluation, or both, which may include a
3substance abuse or sexual offender evaluation, as required by
4the Licensing Board or Disciplinary Board and at the expense of
5the Department. The Disciplinary Board or Licensing Board shall
6specifically designate the examining physician licensed to
7practice medicine in all of its branches or, if applicable, the
8multidisciplinary team involved in providing the mental or
9physical examination and evaluation, or both. The
10multidisciplinary team shall be led by a physician licensed to
11practice medicine in all of its branches and may consist of one
12or more or a combination of physicians licensed to practice
13medicine in all of its branches, licensed chiropractic
14physicians, licensed clinical psychologists, licensed clinical
15social workers, licensed clinical professional counselors, and
16other professional and administrative staff. Any examining
17physician or member of the multidisciplinary team may require
18any person ordered to submit to an examination and evaluation
19pursuant to this Section to submit to any additional
20supplemental testing deemed necessary to complete any
21examination or evaluation process, including, but not limited
22to, blood testing, urinalysis, psychological testing, or
23neuropsychological testing. The Disciplinary Board, the
24Licensing Board, or the Department may order the examining
25physician or any member of the multidisciplinary team to
26provide to the Department, the Disciplinary Board, or the

 

 

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1Licensing Board any and all records, including business
2records, that relate to the examination and evaluation,
3including any supplemental testing performed. The Disciplinary
4Board, the Licensing Board, or the Department may order the
5examining physician or any member of the multidisciplinary team
6to present testimony concerning this examination and
7evaluation of the licensee, permit holder, or applicant,
8including testimony concerning any supplemental testing or
9documents relating to the examination and evaluation. No
10information, report, record, or other documents in any way
11related to the examination and evaluation shall be excluded by
12reason of any common law or statutory privilege relating to
13communication between the licensee, permit holder, or
14applicant and the examining physician or any member of the
15multidisciplinary team. No authorization is necessary from the
16licensee, permit holder, or applicant ordered to undergo an
17evaluation and examination for the examining physician or any
18member of the multidisciplinary team to provide information,
19reports, records, or other documents or to provide any
20testimony regarding the examination and evaluation. The
21individual to be examined may have, at his or her own expense,
22another physician of his or her choice present during all
23aspects of the examination. Failure of any individual to submit
24to mental or physical examination and evaluation, or both, when
25directed, shall result in an automatic suspension, without
26hearing, until such time as the individual submits to the

 

 

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1examination. If the Disciplinary Board or Licensing Board finds
2a physician unable to practice following an examination and
3evaluation because of the reasons set forth in this Section,
4the Disciplinary Board or Licensing Board shall require such
5physician to submit to care, counseling, or treatment by
6physicians, or other health care professionals, approved or
7designated by the Disciplinary Board, as a condition for
8issued, continued, reinstated, or renewed licensure to
9practice. Any physician, whose license was granted pursuant to
10Sections 9, 17, or 19 of this Act, or, continued, reinstated,
11renewed, disciplined or supervised, subject to such terms,
12conditions or restrictions who shall fail to comply with such
13terms, conditions or restrictions, or to complete a required
14program of care, counseling, or treatment, as determined by the
15Chief Medical Coordinator or Deputy Medical Coordinators,
16shall be referred to the Secretary for a determination as to
17whether the licensee shall have their license suspended
18immediately, pending a hearing by the Disciplinary Board. In
19instances in which the Secretary immediately suspends a license
20under this Section, a hearing upon such person's license must
21be convened by the Disciplinary Board within 15 days after such
22suspension and completed without appreciable delay. The
23Disciplinary Board shall have the authority to review the
24subject physician's record of treatment and counseling
25regarding the impairment, to the extent permitted by applicable
26federal statutes and regulations safeguarding the

 

 

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1confidentiality of medical records.
2    An individual licensed under this Act, affected under this
3Section, shall be afforded an opportunity to demonstrate to the
4Disciplinary Board that they can resume practice in compliance
5with acceptable and prevailing standards under the provisions
6of their license.
7    The Department may promulgate rules for the imposition of
8fines in disciplinary cases, not to exceed $10,000 for each
9violation of this Act. Fines may be imposed in conjunction with
10other forms of disciplinary action, but shall not be the
11exclusive disposition of any disciplinary action arising out of
12conduct resulting in death or injury to a patient. Any funds
13collected from such fines shall be deposited in the Illinois
14State Medical Disciplinary Fund.
15    All fines imposed under this Section shall be paid within
1660 days after the effective date of the order imposing the fine
17or in accordance with the terms set forth in the order imposing
18the fine.
19    (B) The Department shall revoke the license or permit
20issued under this Act to practice medicine or a chiropractic
21physician who has been convicted a second time of committing
22any felony under the Illinois Controlled Substances Act or the
23Methamphetamine Control and Community Protection Act, or who
24has been convicted a second time of committing a Class 1 felony
25under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
26person whose license or permit is revoked under this subsection

 

 

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1B shall be prohibited from practicing medicine or treating
2human ailments without the use of drugs and without operative
3surgery.
4    (C) The Department shall not revoke, suspend, place on
5probation, reprimand, refuse to issue or renew, or take any
6other disciplinary or non-disciplinary action against the
7license or permit issued under this Act to practice medicine to
8a physician:
9        (1) based solely upon the recommendation of the
10    physician to an eligible patient regarding, or
11    prescription for, or treatment with, an investigational
12    drug, biological product, or device; or
13        (2) for experimental treatment for Lyme disease or
14    other tick-borne diseases, including, but not limited to,
15    the prescription of or treatment with long-term
16    antibiotics.
17    (D) The Disciplinary Board shall recommend to the
18Department civil penalties and any other appropriate
19discipline in disciplinary cases when the Board finds that a
20physician willfully performed an abortion with actual
21knowledge that the person upon whom the abortion has been
22performed is a minor or an incompetent person without notice as
23required under the Parental Notice of Abortion Act of 1995.
24Upon the Board's recommendation, the Department shall impose,
25for the first violation, a civil penalty of $1,000 and for a
26second or subsequent violation, a civil penalty of $5,000.

 

 

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1(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
2100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
31-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
412-19-18.)
 
5    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
6    (Section scheduled to be repealed on December 31, 2019)
7    Sec. 36. Investigation; notice.
8    (a) Upon the motion of either the Department or the
9Disciplinary Board or upon the verified complaint in writing of
10any person setting forth facts which, if proven, would
11constitute grounds for suspension or revocation under Section
1222 of this Act, the Department shall investigate the actions of
13any person, so accused, who holds or represents that they hold
14a license. Such person is hereinafter called the accused.
15    (b) The Department shall, before suspending, revoking,
16placing on probationary status, or taking any other
17disciplinary action as the Department may deem proper with
18regard to any license at least 30 days prior to the date set
19for the hearing, notify the accused in writing of any charges
20made and the time and place for a hearing of the charges before
21the Disciplinary Board, direct them to file their written
22answer thereto to the Disciplinary Board under oath within 20
23days after the service on them of such notice and inform them
24that if they fail to file such answer default will be taken
25against them and their license may be suspended, revoked,

 

 

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1placed on probationary status, or have other disciplinary
2action, including limiting the scope, nature or extent of their
3practice, as the Department may deem proper taken with regard
4thereto. The Department shall, at least 14 days prior to the
5date set for the hearing, notify in writing any person who
6filed a complaint against the accused of the time and place for
7the hearing of the charges against the accused before the
8Disciplinary Board and inform such person whether he or she may
9provide testimony at the hearing.
10    (c) (Blank). Where a physician has been found, upon
11complaint and investigation of the Department, and after
12hearing, to have performed an abortion procedure in a wilful
13and wanton manner upon a woman who was not pregnant at the time
14such abortion procedure was performed, the Department shall
15automatically revoke the license of such physician to practice
16medicine in Illinois.
17    (d) Such written notice and any notice in such proceedings
18thereafter may be served by delivery of the same, personally,
19to the accused person, or by mailing the same by registered or
20certified mail to the accused person's address of record.
21    (e) All information gathered by the Department during its
22investigation including information subpoenaed under Section
2323 or 38 of this Act and the investigative file shall be kept
24for the confidential use of the Secretary, Disciplinary Board,
25the Medical Coordinators, persons employed by contract to
26advise the Medical Coordinator or the Department, the

 

 

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1Disciplinary Board's attorneys, the medical investigative
2staff, and authorized clerical staff, as provided in this Act
3and shall be afforded the same status as is provided
4information concerning medical studies in Part 21 of Article
5VIII of the Code of Civil Procedure, except that the Department
6may disclose information and documents to a federal, State, or
7local law enforcement agency pursuant to a subpoena in an
8ongoing criminal investigation to a health care licensing body
9of this State or another state or jurisdiction pursuant to an
10official request made by that licensing body. Furthermore,
11information and documents disclosed to a federal, State, or
12local law enforcement agency may be used by that agency only
13for the investigation and prosecution of a criminal offense or,
14in the case of disclosure to a health care licensing body, only
15for investigations and disciplinary action proceedings with
16regard to a license issued by that licensing body.
17(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
1898-1140, eff. 12-30-14.)
 
19    Section 910-50. The Nurse Practice Act is amended by
20changing Section 65-35 and 65-43 as follows:
 
21    (225 ILCS 65/65-35)   (was 225 ILCS 65/15-15)
22    (Section scheduled to be repealed on January 1, 2028)
23    Sec. 65-35. Written collaborative agreements.
24    (a) A written collaborative agreement is required for all

 

 

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1advanced practice registered nurses engaged in clinical
2practice prior to meeting the requirements of Section 65-43,
3except for advanced practice registered nurses who are
4privileged to practice in a hospital, hospital affiliate, or
5ambulatory surgical treatment center.
6    (a-5) If an advanced practice registered nurse engages in
7clinical practice outside of a hospital, hospital affiliate, or
8ambulatory surgical treatment center in which he or she is
9privileged to practice, the advanced practice registered nurse
10must have a written collaborative agreement, except as set
11forth in Section 65-43.
12    (b) A written collaborative agreement shall describe the
13relationship of the advanced practice registered nurse with the
14collaborating physician and shall describe the categories of
15care, treatment, or procedures to be provided by the advanced
16practice registered nurse. A collaborative agreement with a
17podiatric physician must be in accordance with subsection (c-5)
18or (c-15) of this Section. A collaborative agreement with a
19dentist must be in accordance with subsection (c-10) of this
20Section. A collaborative agreement with a podiatric physician
21must be in accordance with subsection (c-5) of this Section.
22Collaboration does not require an employment relationship
23between the collaborating physician and the advanced practice
24registered nurse.
25    The collaborative relationship under an agreement shall
26not be construed to require the personal presence of a

 

 

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1collaborating physician at the place where services are
2rendered. Methods of communication shall be available for
3consultation with the collaborating physician in person or by
4telecommunications or electronic communications as set forth
5in the written agreement.
6    (b-5) Absent an employment relationship, a written
7collaborative agreement may not (1) restrict the categories of
8patients of an advanced practice registered nurse within the
9scope of the advanced practice registered nurses training and
10experience, (2) limit third party payors or government health
11programs, such as the medical assistance program or Medicare
12with which the advanced practice registered nurse contracts, or
13(3) limit the geographic area or practice location of the
14advanced practice registered nurse in this State.
15    (c) In the case of anesthesia services provided by a
16certified registered nurse anesthetist, an anesthesiologist, a
17physician, a dentist, or a podiatric physician must participate
18through discussion of and agreement with the anesthesia plan
19and remain physically present and available on the premises
20during the delivery of anesthesia services for diagnosis,
21consultation, and treatment of emergency medical conditions.
22    (c-5) A certified registered nurse anesthetist, who
23provides anesthesia services outside of a hospital or
24ambulatory surgical treatment center shall enter into a written
25collaborative agreement with an anesthesiologist or the
26physician licensed to practice medicine in all its branches or

 

 

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1the podiatric physician performing the procedure. Outside of a
2hospital or ambulatory surgical treatment center, the
3certified registered nurse anesthetist may provide only those
4services that the collaborating podiatric physician is
5authorized to provide pursuant to the Podiatric Medical
6Practice Act of 1987 and rules adopted thereunder. A certified
7registered nurse anesthetist may select, order, and administer
8medication, including controlled substances, and apply
9appropriate medical devices for delivery of anesthesia
10services under the anesthesia plan agreed with by the
11anesthesiologist or the operating physician or operating
12podiatric physician.
13    (c-10) A certified registered nurse anesthetist who
14provides anesthesia services in a dental office shall enter
15into a written collaborative agreement with an
16anesthesiologist or the physician licensed to practice
17medicine in all its branches or the operating dentist
18performing the procedure. The agreement shall describe the
19working relationship of the certified registered nurse
20anesthetist and dentist and shall authorize the categories of
21care, treatment, or procedures to be performed by the certified
22registered nurse anesthetist. In a collaborating dentist's
23office, the certified registered nurse anesthetist may only
24provide those services that the operating dentist with the
25appropriate permit is authorized to provide pursuant to the
26Illinois Dental Practice Act and rules adopted thereunder. For

 

 

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1anesthesia services, an anesthesiologist, physician, or
2operating dentist shall participate through discussion of and
3agreement with the anesthesia plan and shall remain physically
4present and be available on the premises during the delivery of
5anesthesia services for diagnosis, consultation, and treatment
6of emergency medical conditions. A certified registered nurse
7anesthetist may select, order, and administer medication,
8including controlled substances, and apply appropriate medical
9devices for delivery of anesthesia services under the
10anesthesia plan agreed with by the operating dentist.
11    (c-15) An advanced practice registered nurse who had a
12written collaborative agreement with a podiatric physician
13immediately before the effective date of Public Act 100-513 may
14continue in that collaborative relationship or enter into a new
15written collaborative relationship with a podiatric physician
16under the requirements of this Section and Section 65-40, as
17those Sections existed immediately before the amendment of
18those Sections by Public Act 100-513 with regard to a written
19collaborative agreement between an advanced practice
20registered nurse and a podiatric physician.
21    (d) A copy of the signed, written collaborative agreement
22must be available to the Department upon request from both the
23advanced practice registered nurse and the collaborating
24physician, dentist, or podiatric physician.
25    (e) Nothing in this Act shall be construed to limit the
26delegation of tasks or duties by a physician to a licensed

 

 

10100SB0025ham001- 97 -LRB101 00199 LNS 61214 a

1practical nurse, a registered professional nurse, or other
2persons in accordance with Section 54.2 of the Medical Practice
3Act of 1987. Nothing in this Act shall be construed to limit
4the method of delegation that may be authorized by any means,
5including, but not limited to, oral, written, electronic,
6standing orders, protocols, guidelines, or verbal orders.
7    (e-5) Nothing in this Act shall be construed to authorize
8an advanced practice registered nurse to provide health care
9services required by law or rule to be performed by a
10physician. The scope of practice of an advanced practice
11registered nurse does not include operative surgery. Nothing in
12this Section shall be construed to preclude an advanced
13practice registered nurse from assisting in surgery , including
14those acts to be performed by a physician in Section 3.1 of the
15Illinois Abortion Law of 1975.
16    (f) An advanced practice registered nurse shall inform each
17collaborating physician, dentist, or podiatric physician of
18all collaborative agreements he or she has signed and provide a
19copy of these to any collaborating physician, dentist, or
20podiatric physician upon request.
21    (g) (Blank).
22(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;
23100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)
 
24    (225 ILCS 65/65-43)
25    (Section scheduled to be repealed on January 1, 2028)

 

 

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1    Sec. 65-43. Full practice authority.
2    (a) An Illinois-licensed advanced practice registered
3nurse certified as a nurse practitioner, nurse midwife, or
4clinical nurse specialist shall be deemed by law to possess the
5ability to practice without a written collaborative agreement
6as set forth in this Section.
7    (b) An advanced practice registered nurse certified as a
8nurse midwife, clinical nurse specialist, or nurse
9practitioner who files with the Department a notarized
10attestation of completion of at least 250 hours of continuing
11education or training and at least 4,000 hours of clinical
12experience after first attaining national certification shall
13not require a written collaborative agreement, except as
14specified in subsection (c). Documentation of successful
15completion shall be provided to the Department upon request.
16    Continuing education or training hours required by
17subsection (b) shall be in the advanced practice registered
18nurse's area of certification as set forth by Department rule.
19    The clinical experience must be in the advanced practice
20registered nurse's area of certification. The clinical
21experience shall be in collaboration with a physician or
22physicians. Completion of the clinical experience must be
23attested to by the collaborating physician or physicians and
24the advanced practice registered nurse.
25    (c) The scope of practice of an advanced practice
26registered nurse with full practice authority includes:

 

 

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1        (1) all matters included in subsection (c) of Section
2    65-30 of this Act;
3        (2) practicing without a written collaborative
4    agreement in all practice settings consistent with
5    national certification;
6        (3) authority to prescribe both legend drugs and
7    Schedule II through V controlled substances; this
8    authority includes prescription of, selection of, orders
9    for, administration of, storage of, acceptance of samples
10    of, and dispensing over the counter medications, legend
11    drugs, and controlled substances categorized as any
12    Schedule II through V controlled substances, as defined in
13    Article II of the Illinois Controlled Substances Act, and
14    other preparations, including, but not limited to,
15    botanical and herbal remedies;
16        (4) prescribing benzodiazepines or Schedule II
17    narcotic drugs, such as opioids, only in a consultation
18    relationship with a physician; this consultation
19    relationship shall be recorded in the Prescription
20    Monitoring Program website, pursuant to Section 316 of the
21    Illinois Controlled Substances Act, by the physician and
22    advanced practice registered nurse with full practice
23    authority and is not required to be filed with the
24    Department; the specific Schedule II narcotic drug must be
25    identified by either brand name or generic name; the
26    specific Schedule II narcotic drug, such as an opioid, may

 

 

10100SB0025ham001- 100 -LRB101 00199 LNS 61214 a

1    be administered by oral dosage or topical or transdermal
2    application; delivery by injection or other route of
3    administration is not permitted; at least monthly, the
4    advanced practice registered nurse and the physician must
5    discuss the condition of any patients for whom a
6    benzodiazepine or opioid is prescribed; nothing in this
7    subsection shall be construed to require a prescription by
8    an advanced practice registered nurse with full practice
9    authority to require a physician name;
10        (5) authority to obtain an Illinois controlled
11    substance license and a federal Drug Enforcement
12    Administration number; and
13        (6) use of only local anesthetic.
14    The scope of practice of an advanced practice registered
15nurse does not include operative surgery. Nothing in this
16Section shall be construed to preclude an advanced practice
17registered nurse from assisting in surgery.
18    (d) The Department may adopt rules necessary to administer
19this Section, including, but not limited to, requiring the
20completion of forms and the payment of fees.
21    (e) Nothing in this Act shall be construed to authorize an
22advanced practice registered nurse with full practice
23authority to provide health care services required by law or
24rule to be performed by a physician, including, but not limited
25to, those acts to be performed by a physician in Section 3.1 of
26the Illinois Abortion Law of 1975.

 

 

10100SB0025ham001- 101 -LRB101 00199 LNS 61214 a

1(Source: P.A. 100-513, eff. 1-1-18.)
 
2    Section 910-53. The Physician Assistant Practice Act of
31987 is amended by changing Section 7.5 as follows:
 
4    (225 ILCS 95/7.5)
5    (Section scheduled to be repealed on January 1, 2028)
6    Sec. 7.5. Written collaborative agreements; prescriptive
7authority.
8    (a) A written collaborative agreement is required for all
9physician assistants to practice in the State, except as
10provided in Section 7.7 of this Act.
11        (1) A written collaborative agreement shall describe
12    the working relationship of the physician assistant with
13    the collaborating physician and shall describe the
14    categories of care, treatment, or procedures to be provided
15    by the physician assistant. The written collaborative
16    agreement shall promote the exercise of professional
17    judgment by the physician assistant commensurate with his
18    or her education and experience. The services to be
19    provided by the physician assistant shall be services that
20    the collaborating physician is authorized to and generally
21    provides to his or her patients in the normal course of his
22    or her clinical medical practice. The written
23    collaborative agreement need not describe the exact steps
24    that a physician assistant must take with respect to each

 

 

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1    specific condition, disease, or symptom but must specify
2    which authorized procedures require the presence of the
3    collaborating physician as the procedures are being
4    performed. The relationship under a written collaborative
5    agreement shall not be construed to require the personal
6    presence of a physician at the place where services are
7    rendered. Methods of communication shall be available for
8    consultation with the collaborating physician in person or
9    by telecommunications or electronic communications as set
10    forth in the written collaborative agreement. For the
11    purposes of this Act, "generally provides to his or her
12    patients in the normal course of his or her clinical
13    medical practice" means services, not specific tasks or
14    duties, the collaborating physician routinely provides
15    individually or through delegation to other persons so that
16    the physician has the experience and ability to collaborate
17    and provide consultation.
18        (2) The written collaborative agreement shall be
19    adequate if a physician does each of the following:
20            (A) Participates in the joint formulation and
21        joint approval of orders or guidelines with the
22        physician assistant and he or she periodically reviews
23        such orders and the services provided patients under
24        such orders in accordance with accepted standards of
25        medical practice and physician assistant practice.
26            (B) Provides consultation at least once a month.

 

 

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1        (3) A copy of the signed, written collaborative
2    agreement must be available to the Department upon request
3    from both the physician assistant and the collaborating
4    physician.
5        (4) A physician assistant shall inform each
6    collaborating physician of all written collaborative
7    agreements he or she has signed and provide a copy of these
8    to any collaborating physician upon request.
9    (b) A collaborating physician may, but is not required to,
10delegate prescriptive authority to a physician assistant as
11part of a written collaborative agreement. This authority may,
12but is not required to, include prescription of, selection of,
13orders for, administration of, storage of, acceptance of
14samples of, and dispensing medical devices, over the counter
15medications, legend drugs, medical gases, and controlled
16substances categorized as Schedule II through V controlled
17substances, as defined in Article II of the Illinois Controlled
18Substances Act, and other preparations, including, but not
19limited to, botanical and herbal remedies. The collaborating
20physician must have a valid, current Illinois controlled
21substance license and federal registration with the Drug
22Enforcement Agency to delegate the authority to prescribe
23controlled substances.
24        (1) To prescribe Schedule II, III, IV, or V controlled
25    substances under this Section, a physician assistant must
26    obtain a mid-level practitioner controlled substances

 

 

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1    license. Medication orders issued by a physician assistant
2    shall be reviewed periodically by the collaborating
3    physician.
4        (2) The collaborating physician shall file with the
5    Department notice of delegation of prescriptive authority
6    to a physician assistant and termination of delegation,
7    specifying the authority delegated or terminated. Upon
8    receipt of this notice delegating authority to prescribe
9    controlled substances, the physician assistant shall be
10    eligible to register for a mid-level practitioner
11    controlled substances license under Section 303.05 of the
12    Illinois Controlled Substances Act. Nothing in this Act
13    shall be construed to limit the delegation of tasks or
14    duties by the collaborating physician to a nurse or other
15    appropriately trained persons in accordance with Section
16    54.2 of the Medical Practice Act of 1987.
17        (3) In addition to the requirements of this subsection
18    (b), a collaborating physician may, but is not required to,
19    delegate authority to a physician assistant to prescribe
20    Schedule II controlled substances, if all of the following
21    conditions apply:
22            (A) Specific Schedule II controlled substances by
23        oral dosage or topical or transdermal application may
24        be delegated, provided that the delegated Schedule II
25        controlled substances are routinely prescribed by the
26        collaborating physician. This delegation must identify

 

 

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1        the specific Schedule II controlled substances by
2        either brand name or generic name. Schedule II
3        controlled substances to be delivered by injection or
4        other route of administration may not be delegated.
5            (B) (Blank).
6            (C) Any prescription must be limited to no more
7        than a 30-day supply, with any continuation authorized
8        only after prior approval of the collaborating
9        physician.
10            (D) The physician assistant must discuss the
11        condition of any patients for whom a controlled
12        substance is prescribed monthly with the collaborating
13        physician.
14            (E) The physician assistant meets the education
15        requirements of Section 303.05 of the Illinois
16        Controlled Substances Act.
17    (c) Nothing in this Act shall be construed to limit the
18delegation of tasks or duties by a physician to a licensed
19practical nurse, a registered professional nurse, or other
20persons. Nothing in this Act shall be construed to limit the
21method of delegation that may be authorized by any means,
22including, but not limited to, oral, written, electronic,
23standing orders, protocols, guidelines, or verbal orders.
24Nothing in this Act shall be construed to authorize a physician
25assistant to provide health care services required by law or
26rule to be performed by a physician. Nothing in this Act shall

 

 

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1be construed to authorize the delegation or performance of
2operative surgery. Nothing in this Section shall be construed
3to preclude a physician assistant from assisting in surgery.
4    (c-5) Nothing in this Section shall be construed to apply
5to any medication authority, including Schedule II controlled
6substances of a licensed physician assistant for care provided
7in a hospital, hospital affiliate, or ambulatory surgical
8treatment center pursuant to Section 7.7 of this Act.
9    (d) (Blank).
10    (e) Nothing in this Section shall be construed to prohibit
11generic substitution.
12(Source: P.A. 100-453, eff. 8-25-17.)
 
13    Section 910-55. The Vital Records Act is amended by
14changing Section 1 as follows:
 
15    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)
16    Sec. 1. As used in this Act, unless the context otherwise
17requires:
18    (1) "Vital records" means records of births, deaths, fetal
19deaths, marriages, dissolution of marriages, and data related
20thereto.
21    (2) "System of vital records" includes the registration,
22collection, preservation, amendment, and certification of
23vital records, and activities related thereto.
24    (3) "Filing" means the presentation of a certificate,

 

 

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1report, or other record provided for in this Act, of a birth,
2death, fetal death, adoption, marriage, or dissolution of
3marriage, for registration by the Office of Vital Records.
4    (4) "Registration" means the acceptance by the Office of
5Vital Records and the incorporation in its official records of
6certificates, reports, or other records provided for in this
7Act, of births, deaths, fetal deaths, adoptions, marriages, or
8dissolution of marriages.
9    (5) "Live birth" means the complete expulsion or extraction
10from its mother of a product of human conception, irrespective
11of the duration of pregnancy, which after such separation
12breathes or shows any other evidence of life such as beating of
13the heart, pulsation of the umbilical cord, or definite
14movement of voluntary muscles, whether or not the umbilical
15cord has been cut or the placenta is attached.
16    (6) "Fetal death" means death prior to the complete
17expulsion or extraction from the uterus its mother of a product
18of human conception, irrespective of the duration of pregnancy,
19and which is not due to an abortion as defined in Section 1-10
20of the Reproductive Health Act. ; The the death is indicated by
21the fact that after such separation the fetus does not breathe
22or show any other evidence of life such as beating of the
23heart, pulsation of the umbilical cord, or definite movement of
24voluntary muscles.
25    (7) "Dead body" means a lifeless human body or parts of
26such body or bones thereof from the state of which it may

 

 

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1reasonably be concluded that death has occurred.
2    (8) "Final disposition" means the burial, cremation, or
3other disposition of a dead human body or fetus or parts
4thereof.
5    (9) "Physician" means a person licensed to practice
6medicine in Illinois or any other state.
7    (10) "Institution" means any establishment, public or
8private, which provides in-patient medical, surgical, or
9diagnostic care or treatment, or nursing, custodial, or
10domiciliary care to 2 or more unrelated individuals, or to
11which persons are committed by law.
12    (11) "Department" means the Department of Public Health of
13the State of Illinois.
14    (12) "Director" means the Director of the Illinois
15Department of Public Health.
16    (13) "Licensed health care professional" means a person
17licensed to practice as a physician, advanced practice
18registered nurse, or physician assistant in Illinois or any
19other state.
20    (14) "Licensed mental health professional" means a person
21who is licensed or registered to provide mental health services
22by the Department of Financial and Professional Regulation or a
23board of registration duly authorized to register or grant
24licenses to persons engaged in the practice of providing mental
25health services in Illinois or any other state.
26    (15) "Intersex condition" means a condition in which a

 

 

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1person is born with a reproductive or sexual anatomy or
2chromosome pattern that does not fit typical definitions of
3male or female.
4    (16) "Homeless person" means an individual who meets the
5definition of "homeless" under Section 103 of the federal
6McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
7individual residing in any of the living situations described
8in 42 U.S.C. 11434a(2).
9(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
10100-863, eff. 8-14-18.)
 
11    Section 910-60. The Environmental Protection Act is
12amended by changing Section 56.1 as follows:
 
13    (415 ILCS 5/56.1)  (from Ch. 111 1/2, par. 1056.1)
14    Sec. 56.1. Acts prohibited.
15    (A) No person shall:
16        (a) Cause or allow the disposal of any potentially
17    infectious medical waste. Sharps may be disposed in any
18    landfill permitted by the Agency under Section 21 of this
19    Act to accept municipal waste for disposal, if both:
20            (1) the infectious potential has been eliminated
21        from the sharps by treatment; and
22            (2) the sharps are packaged in accordance with
23        Board regulations.
24        (b) Cause or allow the delivery of any potentially

 

 

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1    infectious medical waste for transport, storage,
2    treatment, or transfer except in accordance with Board
3    regulations.
4        (c) Beginning July 1, 1992, cause or allow the delivery
5    of any potentially infectious medical waste to a person or
6    facility for storage, treatment, or transfer that does not
7    have a permit issued by the agency to receive potentially
8    infectious medical waste, unless no permit is required
9    under subsection (g)(1).
10        (d) Beginning July 1, 1992, cause or allow the delivery
11    or transfer of any potentially infectious medical waste for
12    transport unless:
13            (1) the transporter has a permit issued by the
14        Agency to transport potentially infectious medical
15        waste, or the transporter is exempt from the permit
16        requirement set forth in subsection (f)(l).
17            (2) a potentially infectious medical waste
18        manifest is completed for the waste if a manifest is
19        required under subsection (h).
20        (e) Cause or allow the acceptance of any potentially
21    infectious medical waste for purposes of transport,
22    storage, treatment, or transfer except in accordance with
23    Board regulations.
24        (f) Beginning July 1, 1992, conduct any potentially
25    infectious medical waste transportation operation:
26            (1) Without a permit issued by the Agency to

 

 

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1        transport potentially infectious medical waste. No
2        permit is required under this provision (f)(1) for:
3                (A) a person transporting potentially
4            infectious medical waste generated solely by that
5            person's activities;
6                (B) noncommercial transportation of less than
7            50 pounds of potentially infectious medical waste
8            at any one time; or
9                (C) the U.S. Postal Service.
10            (2) In violation of any condition of any permit
11        issued by the Agency under this Act.
12            (3) In violation of any regulation adopted by the
13        Board.
14            (4) In violation of any order adopted by the Board
15        under this Act.
16        (g) Beginning July 1, 1992, conduct any potentially
17    infectious medical waste treatment, storage, or transfer
18    operation:
19            (1) without a permit issued by the Agency that
20        specifically authorizes the treatment, storage, or
21        transfer of potentially infectious medical waste. No
22        permit is required under this subsection (g) or
23        subsection (d)(1) of Section 21 for any:
24                (A) Person conducting a potentially infectious
25            medical waste treatment, storage, or transfer
26            operation for potentially infectious medical waste

 

 

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1            generated by the person's own activities that are
2            treated, stored, or transferred within the site
3            where the potentially infectious medical waste is
4            generated.
5                (B) Hospital that treats, stores, or transfers
6            only potentially infectious medical waste
7            generated by its own activities or by members of
8            its medical staff.
9                (C) Sharps collection station that is operated
10            in accordance with Section 56.7.
11            (2) in violation of any condition of any permit
12        issued by the Agency under this Act.
13            (3) in violation of any regulation adopted by the
14        Board.
15            (4) In violation of any order adopted by the Board
16        under this Act.
17        (h) Transport potentially infectious medical waste
18    unless the transporter carries a completed potentially
19    infectious medical waste manifest. No manifest is required
20    for the transportation of:
21            (1) potentially infectious medical waste being
22        transported by generators who generated the waste by
23        their own activities, when the potentially infectious
24        medical waste is transported within or between sites or
25        facilities owned, controlled, or operated by that
26        person;

 

 

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1            (2) less than 50 pounds of potentially infectious
2        medical waste at any one time for a noncommercial
3        transportation activity; or
4            (3) potentially infectious medical waste by the
5        U.S. Postal Service.
6        (i) Offer for transportation, transport, deliver,
7    receive or accept potentially infectious medical waste for
8    which a manifest is required, unless the manifest indicates
9    that the fee required under Section 56.4 of this Act has
10    been paid.
11        (j) Beginning January 1, 1994, conduct a potentially
12    infectious medical waste treatment operation at an
13    incinerator in existence on the effective date of this
14    Title in violation of emission standards established for
15    these incinerators under Section 129 of the Clean Air Act
16    (42 USC 7429), as amended.
17        (k) Beginning July 1, 2015, knowingly mix household
18    sharps, including, but not limited to, hypodermic,
19    intravenous, or other medical needles or syringes or other
20    medical household waste containing used or unused sharps,
21    including, but not limited to, hypodermic, intravenous, or
22    other medical needles or syringes or other sharps, with any
23    other material intended for collection as a recyclable
24    material by a residential hauler.
25        (l) Beginning on July 1, 2015, knowingly place
26    household sharps into a container intended for collection

 

 

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1    by a residential hauler for processing at a recycling
2    center.
3    (B) In making its orders and determinations relative to
4penalties, if any, to be imposed for violating subdivision
5(A)(a) of this Section, the Board, in addition to the factors
6in Sections 33(c) and 42(h) of this Act, or the Court shall
7take into consideration whether the owner or operator of the
8landfill reasonably relied on written statements from the
9person generating or treating the waste that the waste is not
10potentially infectious medical waste.
11    (C) Notwithstanding subsection (A) or any other provision
12of law, including the Vital Records Act, tissue and products
13from an abortion, as defined in Section 1-10 of the
14Reproductive Health Act, or a miscarriage may be buried,
15entombed, or cremated.
16(Source: P.A. 99-82, eff. 7-20-15.)
 
17    Section 910-65. The Criminal Code of 2012 is amended by
18changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:
 
19    (720 ILCS 5/9-1.2)  (from Ch. 38, par. 9-1.2)
20    Sec. 9-1.2. Intentional Homicide of an Unborn Child.
21    (a) A person commits the offense of intentional homicide of
22an unborn child if, in performing acts which cause the death of
23an unborn child, he without lawful justification:
24        (1) either intended to cause the death of or do great

 

 

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1    bodily harm to the pregnant individual woman or her unborn
2    child or knew that such acts would cause death or great
3    bodily harm to the pregnant individual woman or her unborn
4    child; or
5        (2) knew that his acts created a strong probability of
6    death or great bodily harm to the pregnant individual woman
7    or her unborn child; and
8        (3) knew that the individual woman was pregnant.
9    (b) For purposes of this Section, (1) "unborn child" shall
10mean any individual of the human species from the implantation
11of an embryo fertilization until birth, and (2) "person" shall
12not include the pregnant woman whose unborn child is killed.
13    (c) This Section shall not apply to acts which cause the
14death of an unborn child if those acts were committed during
15any abortion, as defined in Section 1-10 of the Reproductive
16Health Act, Section 2 of the Illinois Abortion Law of 1975, as
17amended, to which the pregnant individual woman has consented.
18This Section shall not apply to acts which were committed
19pursuant to usual and customary standards of medical practice
20during diagnostic testing or therapeutic treatment.
21    (d) Penalty. The sentence for intentional homicide of an
22unborn child shall be the same as for first degree murder,
23except that:
24        (1) the death penalty may not be imposed;
25        (2) if the person committed the offense while armed
26    with a firearm, 15 years shall be added to the term of

 

 

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1    imprisonment imposed by the court;
2        (3) if, during the commission of the offense, the
3    person personally discharged a firearm, 20 years shall be
4    added to the term of imprisonment imposed by the court;
5        (4) if, during the commission of the offense, the
6    person personally discharged a firearm that proximately
7    caused great bodily harm, permanent disability, permanent
8    disfigurement, or death to another person, 25 years or up
9    to a term of natural life shall be added to the term of
10    imprisonment imposed by the court.
11    (e) The provisions of this Act shall not be construed to
12prohibit the prosecution of any person under any other
13provision of law.
14(Source: P.A. 96-1000, eff. 7-2-10.)
 
15    (720 ILCS 5/9-2.1)  (from Ch. 38, par. 9-2.1)
16    Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
17A person who kills an unborn child without lawful justification
18commits voluntary manslaughter of an unborn child if at the
19time of the killing he is acting under a sudden and intense
20passion resulting from serious provocation by another whom the
21offender endeavors to kill, but he negligently or accidentally
22causes the death of the unborn child.
23    Serious provocation is conduct sufficient to excite an
24intense passion in a reasonable person.
25    (b) A person who intentionally or knowingly kills an unborn

 

 

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1child commits voluntary manslaughter of an unborn child if at
2the time of the killing he believes the circumstances to be
3such that, if they existed, would justify or exonerate the
4killing under the principles stated in Article 7 of this Code,
5but his belief is unreasonable.
6    (c) Sentence. Voluntary Manslaughter of an unborn child is
7a Class 1 felony.
8    (d) For purposes of this Section, (1) "unborn child" shall
9mean any individual of the human species from the implantation
10of an embryo fertilization until birth, and (2) "person" shall
11not include the pregnant individual woman whose unborn child is
12killed.
13    (e) This Section shall not apply to acts which cause the
14death of an unborn child if those acts were committed during
15any abortion, as defined in Section 1-10 of the Reproductive
16Health Act, Section 2 of the Illinois Abortion Law of 1975, as
17amended, to which the pregnant individual woman has consented.
18This Section shall not apply to acts which were committed
19pursuant to usual and customary standards of medical practice
20during diagnostic testing or therapeutic treatment.
21(Source: P.A. 84-1414.)
 
22    (720 ILCS 5/9-3.2)  (from Ch. 38, par. 9-3.2)
23    Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide
24of an Unborn Child. (a) A person who unintentionally kills an
25unborn child without lawful justification commits involuntary

 

 

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1manslaughter of an unborn child if his acts whether lawful or
2unlawful which cause the death are such as are likely to cause
3death or great bodily harm to some individual, and he performs
4them recklessly, except in cases in which the cause of death
5consists of the driving of a motor vehicle, in which case the
6person commits reckless homicide of an unborn child.
7    (b) Sentence.
8    (1) Involuntary manslaughter of an unborn child is a Class
93 felony.
10    (2) Reckless homicide of an unborn child is a Class 3
11felony.
12    (c) For purposes of this Section, (1) "unborn child" shall
13mean any individual of the human species from the implantation
14of an embryo fertilization until birth, and (2) "person" shall
15not include the pregnant individual woman whose unborn child is
16killed.
17    (d) This Section shall not apply to acts which cause the
18death of an unborn child if those acts were committed during
19any abortion, as defined in Section 1-10 of the Reproductive
20Health Act, Section 2 of the Illinois Abortion Law of 1975, as
21amended, to which the pregnant individual woman has consented.
22This Section shall not apply to acts which were committed
23pursuant to usual and customary standards of medical practice
24during diagnostic testing or therapeutic treatment.
25    (e) The provisions of this Section shall not be construed
26to prohibit the prosecution of any person under any other

 

 

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1provision of law, nor shall it be construed to preclude any
2civil cause of action.
3(Source: P.A. 84-1414.)
 
4    (720 ILCS 5/12-3.1)  (from Ch. 38, par. 12-3.1)
5    Sec. 12-3.1. Battery of an unborn child; aggravated battery
6of an unborn child.
7    (a) A person commits battery of an unborn child if he or
8she knowingly without legal justification and by any means
9causes bodily harm to an unborn child.
10    (a-5) A person commits aggravated battery of an unborn
11child when, in committing a battery of an unborn child, he or
12she knowingly causes great bodily harm or permanent disability
13or disfigurement to an unborn child.
14    (b) For purposes of this Section, (1) "unborn child" shall
15mean any individual of the human species from the implantation
16of an embryo fertilization until birth, and (2) "person" shall
17not include the pregnant individual woman whose unborn child is
18harmed.
19    (c) Sentence. Battery of an unborn child is a Class A
20misdemeanor. Aggravated battery of an unborn child is a Class 2
21felony.
22    (d) This Section shall not apply to acts which cause bodily
23harm to an unborn child if those acts were committed during any
24abortion, as defined in Section 1-10 of the Reproductive Health
25Act, Section 2 of the Illinois Abortion Law of 1975, as

 

 

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1amended, to which the pregnant individual woman has consented.
2This Section shall not apply to acts which were committed
3pursuant to usual and customary standards of medical practice
4during diagnostic testing or therapeutic treatment.
5(Source: P.A. 96-1551, eff. 7-1-11.)
 
6    Section 910-70. The Code of Civil Procedure is amended by
7changing Section 8-802 as follows:
 
8    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
9    Sec. 8-802. Physician and patient. No physician or surgeon
10shall be permitted to disclose any information he or she may
11have acquired in attending any patient in a professional
12character, necessary to enable him or her professionally to
13serve the patient, except only (1) in trials for homicide when
14the disclosure relates directly to the fact or immediate
15circumstances of the homicide, (2) in actions, civil or
16criminal, against the physician for malpractice, (3) with the
17expressed consent of the patient, or in case of his or her
18death or disability, of his or her personal representative or
19other person authorized to sue for personal injury or of the
20beneficiary of an insurance policy on his or her life, health,
21or physical condition, or as authorized by Section 8-2001.5,
22(4) in all actions brought by or against the patient, his or
23her personal representative, a beneficiary under a policy of
24insurance, or the executor or administrator of his or her

 

 

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1estate wherein the patient's physical or mental condition is an
2issue, (5) upon an issue as to the validity of a document as a
3will of the patient, (6) (blank) in any criminal action where
4the charge is either first degree murder by abortion, attempted
5abortion or abortion, (7) in actions, civil or criminal,
6arising from the filing of a report in compliance with the
7Abused and Neglected Child Reporting Act, (8) to any
8department, agency, institution or facility which has custody
9of the patient pursuant to State statute or any court order of
10commitment, (9) in prosecutions where written results of blood
11alcohol tests are admissible pursuant to Section 11-501.4 of
12the Illinois Vehicle Code, (10) in prosecutions where written
13results of blood alcohol tests are admissible under Section
145-11a of the Boat Registration and Safety Act, (11) in criminal
15actions arising from the filing of a report of suspected
16terrorist offense in compliance with Section 29D-10(p)(7) of
17the Criminal Code of 2012, (12) upon the issuance of a subpoena
18pursuant to Section 38 of the Medical Practice Act of 1987; the
19issuance of a subpoena pursuant to Section 25.1 of the Illinois
20Dental Practice Act; the issuance of a subpoena pursuant to
21Section 22 of the Nursing Home Administrators Licensing and
22Disciplinary Act; or the issuance of a subpoena pursuant to
23Section 25.5 of the Workers' Compensation Act, (13) upon the
24issuance of a grand jury subpoena pursuant to Article 112 of
25the Code of Criminal Procedure of 1963, or (14) to or through a
26health information exchange, as that term is defined in Section

 

 

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12 of the Mental Health and Developmental Disabilities
2Confidentiality Act, in accordance with State or federal law.
3    Upon disclosure under item (13) of this Section, in any
4criminal action where the charge is domestic battery,
5aggravated domestic battery, or an offense under Article 11 of
6the Criminal Code of 2012 or where the patient is under the age
7of 18 years or upon the request of the patient, the State's
8Attorney shall petition the court for a protective order
9pursuant to Supreme Court Rule 415.
10    In the event of a conflict between the application of this
11Section and the Mental Health and Developmental Disabilities
12Confidentiality Act to a specific situation, the provisions of
13the Mental Health and Developmental Disabilities
14Confidentiality Act shall control.
15(Source: P.A. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
16eff. 7-20-15.)
 
17    Section 910-73. The Health Care Right of Conscience Act is
18amended by changing Section 3 as follows:
 
19    (745 ILCS 70/3)  (from Ch. 111 1/2, par. 5303)
20    Sec. 3. Definitions. As used in this Act, unless the
21context clearly otherwise requires:
22        (a) "Health care" means any phase of patient care,
23    including but not limited to, testing; diagnosis;
24    prognosis; ancillary research; instructions; family

 

 

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1    planning, counselling, referrals, or any other advice in
2    connection with the use or procurement of contraceptives
3    and sterilization or abortion procedures; medication; or
4    surgery or other care or treatment rendered by a physician
5    or physicians, nurses, paraprofessionals or health care
6    facility, intended for the physical, emotional, and mental
7    well-being of persons; or an abortion as defined by the
8    Reproductive Health Act;
9        (b) "Physician" means any person who is licensed by the
10    State of Illinois under the Medical Practice Act of 1987;
11        (c) "Health care personnel" means any nurse, nurses'
12    aide, medical school student, professional,
13    paraprofessional or any other person who furnishes, or
14    assists in the furnishing of, health care services;
15        (d) "Health care facility" means any public or private
16    hospital, clinic, center, medical school, medical training
17    institution, laboratory or diagnostic facility,
18    physician's office, infirmary, dispensary, ambulatory
19    surgical treatment center or other institution or location
20    wherein health care services are provided to any person,
21    including physician organizations and associations,
22    networks, joint ventures, and all other combinations of
23    those organizations;
24        (e) "Conscience" means a sincerely held set of moral
25    convictions arising from belief in and relation to God, or
26    which, though not so derived, arises from a place in the

 

 

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1    life of its possessor parallel to that filled by God among
2    adherents to religious faiths;
3        (f) "Health care payer" means a health maintenance
4    organization, insurance company, management services
5    organization, or any other entity that pays for or arranges
6    for the payment of any health care or medical care service,
7    procedure, or product; and
8        (g) "Undue delay" means unreasonable delay that causes
9    impairment of the patient's health.
10    The above definitions include not only the traditional
11combinations and forms of these persons and organizations but
12also all new and emerging forms and combinations of these
13persons and organizations.
14(Source: P.A. 99-690, eff. 1-1-17.)
 
15    Section 910-75. The Rights of Married Persons Act is
16amended by changing Section 15 as follows:
 
17    (750 ILCS 65/15)  (from Ch. 40, par. 1015)
18    Sec. 15. (a)(1) The expenses of the family and of the
19education of the children shall be chargeable upon the property
20of both husband and wife, or of either of them, in favor of
21creditors therefor, and in relation thereto they may be sued
22jointly or separately.
23    (2) No creditor, who has a claim against a spouse or former
24spouse for an expense incurred by that spouse or former spouse

 

 

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1which is not a family expense, shall maintain an action against
2the other spouse or former spouse for that expense except:
3    (A) an expense for which the other spouse or former spouse
4agreed, in writing, to be liable; or
5    (B) an expense for goods or merchandise purchased by or in
6the possession of the other spouse or former spouse, or for
7services ordered by the other spouse or former spouse.
8    (3) Any creditor who maintains an action in violation of
9this subsection (a) for an expense other than a family expense
10against a spouse or former spouse other than the spouse or
11former spouse who incurred the expense, shall be liable to the
12other spouse or former spouse for his or her costs, expenses
13and attorney's fees incurred in defending the action.
14    (4) No creditor shall, with respect to any claim against a
15spouse or former spouse for which the creditor is prohibited
16under this subsection (a) from maintaining an action against
17the other spouse or former spouse, engage in any collection
18efforts against the other spouse or former spouse, including,
19but not limited to, informal or formal collection attempts,
20referral of the claim to a collector or collection agency for
21collection from the other spouse or former spouse, or making
22any representation to a credit reporting agency that the other
23spouse or former spouse is any way liable for payment of the
24claim.
25    (b) (Blank). No spouse shall be liable for any expense
26incurred by the other spouse when an abortion is performed on

 

 

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1such spouse, without the consent of such other spouse, unless
2the physician who performed the abortion certifies that such
3abortion is necessary to preserve the life of the spouse who
4obtained such abortion.
5    (c) (Blank). No parent shall be liable for any expense
6incurred by his or her minor child when an abortion is
7performed on such minor child without the consent of both
8parents of such child, if they both have custody, or the parent
9having custody, or legal guardian of such child, unless the
10physician who performed the abortion certifies that such
11abortion is necessary to preserve the life of the minor child
12who obtained such abortion.
13(Source: P.A. 86-689.)
 
14    Section 910-995. No acceleration or delay. Where this Act
15makes changes in a statute that is represented in this Act by
16text that is not yet or no longer in effect (for example, a
17Section represented by multiple versions), the use of that text
18does not accelerate or delay the taking effect of (i) the
19changes made by this Act or (ii) provisions derived from any
20other Public Act.
 
21
Article 999. EFFECTIVE DATE

 
22    Section 999-999. Effective date. This Act takes effect upon
23becoming law.".