102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1893

 

Introduced 2/17/2021, by Rep. Amy Elik

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Reproductive Health Act. Creates the Illinois Abortion Law of 2021 containing the provisions of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as provisions defining "viability" to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining "fetal heartbeat" as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Creates the Partial-birth Abortion Ban Act of 2021 and the Abortion Performance Refusal Act of 2021 containing the provisions of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Act 101-13. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1893LRB102 15297 LNS 20652 b

1    AN ACT concerning abortion.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    Section 1. It is the intention of the General Assembly of
6the State of Illinois to reasonably regulate abortion in
7conformance with the legal standards set forth in the
8decisions of the United States Supreme Court of January 22,
91973.
 
10    Section 2. Unless the language or context clearly
11indicates a different meaning is intended, the following words
12or phrases for the purpose of this Law shall be given the
13meaning ascribed to them:
14    (1) "Viability" means either:
15        (A) that stage of fetal development when, in the
16    medical judgment of the attending physician based on the
17    particular facts of the case before the attending
18    physician, there is a reasonable likelihood of sustained
19    survival of the fetus outside the womb, with or without
20    artificial support; or
21        (B) when, in the medical judgment of the attending
22    physician based on the particular facts of the case before

 

 

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1    the attending physician, the unborn child has a fetal
2    heartbeat.
3    (2) "Physician" means any person licensed to practice
4medicine in all its branches under the Illinois Medical
5Practice Act of 1987, as amended.
6    (3) "Department" means the Department of Public Health,
7State of Illinois.
8    (4) "Abortion" means the use of any instrument, medicine,
9drug or any other substance or device to terminate the
10pregnancy of a woman known to be pregnant with an intention
11other than to increase the probability of a live birth, to
12preserve the life or health of the child after live birth, or
13to remove a dead fetus.
14    (5) "Fertilization" and "conception" each mean the
15fertilization of a human ovum by a human sperm, which shall be
16deemed to have occurred at the time when it is known a
17spermatozoon has penetrated the cell membrane of the ovum.
18    (6) "Fetus" and "unborn child" each mean an individual
19organism of the species homo sapiens from fertilization until
20live birth.
21    (6.5) "Fetal heartbeat" means cardiac activity or the
22steady and repetitive rhythmic contraction of the fetal heart
23within the gestational sac.
24    (7) "Abortifacient" means any instrument, medicine, drug,
25or any other substance or device which is known to cause fetal
26death when employed in the usual and customary use for which it

 

 

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1is manufactured, whether or not the fetus is known to exist
2when such substance or device is employed.
3    (8) "Born alive", "live born", and "live birth", when
4applied to an individual organism of the species homo sapiens,
5each mean he or she was completely expelled or extracted from
6his or her mother and after such separation breathed or showed
7evidence of any of the following: beating of the heart,
8pulsation of the umbilical cord, or definite movement of
9voluntary muscles, irrespective of the duration of pregnancy
10and whether or not the umbilical cord has been cut or the
11placenta is attached.
 
12    Section 3.1. Medical Judgment. No abortion shall be
13performed except by a physician after either (a) he determines
14that, in his best clinical judgment, the abortion is
15necessary, or (b) he receives a written statement or oral
16communication by another physician, hereinafter called the
17"referring physician", certifying that in the referring
18physician's best clinical judgment the abortion is necessary.
19Any person who intentionally or knowingly performs an abortion
20contrary to the requirements of Section 3.1 commits a Class 2
21felony.
 
22    Section 5. (1) When the fetus is viable no abortion shall
23be performed unless in the medical judgment of the attending
24or referring physician, based on the particular facts of the

 

 

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1case before him, it is necessary to preserve the life or health
2of the mother. Intentional, knowing, or reckless failure to
3conform to the requirements of subsection (1) of Section 5 is a
4Class 2 felony.
5    (2) When the fetus is viable the physician shall certify
6in writing, on a form prescribed by the Department under
7Section 10 of this Law, the medical indications which, in his
8medical judgment based on the particular facts of the case
9before him, warrant performance of the abortion to preserve
10the life or health of the mother.
 
11    Section 6. (1) (a) Any physician who intentionally
12performs an abortion when, in his medical judgment based on
13the particular facts of the case before him, there is a
14reasonable likelihood of sustained survival of the fetus
15outside the womb, with or without artificial support, shall
16utilize that method of abortion which, of those he knows to be
17available, is in his medical judgment most likely to preserve
18the life and health of the fetus.
19    (b) The physician shall certify in writing, on a form
20prescribed by the Department under Section 10 of this Act, the
21available methods considered and the reasons for choosing the
22method employed.
23    (c) Any physician who intentionally, knowingly, or
24recklessly violates the provisions of Section 6(1)(a) commits
25a Class 3 felony.

 

 

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1    (2) (a) No abortion shall be performed or induced when the
2fetus is viable unless there is in attendance a physician
3other than the physician performing or inducing the abortion
4who shall take control of and provide immediate medical care
5for any child born alive as a result of the abortion. This
6requirement shall not apply when, in the medical judgment of
7the physician performing or inducing the abortion based on the
8particular facts of the case before him, there exists a
9medical emergency; in such a case, the physician shall
10describe the basis of this judgment on the form prescribed by
11Section 10 of this Act. Any physician who intentionally
12performs or induces such an abortion and who intentionally,
13knowingly, or recklessly fails to arrange for the attendance
14of such a second physician in violation of Section 6(2)(a)
15commits a Class 3 felony.
16    (b) Subsequent to the abortion, if a child is born alive,
17the physician required by Section 6(2)(a) to be in attendance
18shall exercise the same degree of professional skill, care and
19diligence to preserve the life and health of the child as would
20be required of a physician providing immediate medical care to
21a child born alive in the course of a pregnancy termination
22which was not an abortion. Any such physician who
23intentionally, knowingly, or recklessly violates Section
246(2)(b) commits a Class 3 felony.
25    (3) The law of this State shall not be construed to imply
26that any living individual organism of the species homo

 

 

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1sapiens who has been born alive is not an individual under the
2Criminal Code of 1961 or Criminal Code of 2012.
3    (4) (a) Any physician who intentionally performs an
4abortion when, in his medical judgment based on the particular
5facts of the case before him, there is a reasonable
6possibility of sustained survival of the fetus outside the
7womb, with or without artificial support, shall utilize that
8method of abortion which, of those he knows to be available, is
9in his medical judgment most likely to preserve the life and
10health of the fetus.
11    (b) The physician shall certify in writing, on a form
12prescribed by the Department under Section 10 of this Act, the
13available methods considered and the reasons for choosing the
14method employed.
15    (c) Any physician who intentionally, knowingly, or
16recklessly violates the provisions of Section 6(4)(a) commits
17a Class 3 felony.
18    (5) Nothing in Section 6 requires a physician to employ a
19method of abortion which, in the medical judgment of the
20physician performing the abortion based on the particular
21facts of the case before him, would increase medical risk to
22the mother.
23    (6) When the fetus is viable and when there exists
24reasonable medical certainty (a) that the particular method of
25abortion to be employed will cause organic pain to the fetus,
26and (b) that use of an anesthetic or analgesic would abolish or

 

 

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1alleviate organic pain to the fetus caused by the particular
2method of abortion to be employed, then the physician who is to
3perform the abortion or his agent or the referring physician
4or his agent shall inform the woman upon whom the abortion is
5to be performed that such an anesthetic or analgesic is
6available, if he knows it to be available, for use to abolish
7or alleviate organic pain caused to the fetus by the
8particular method of abortion to be employed. Any person who
9performs an abortion with knowledge that any such reasonable
10medical certainty exists and that such an anesthetic or
11analgesic is available, and intentionally fails to so inform
12the woman or to ascertain that the woman has been so informed
13commits a Class B misdemeanor. The foregoing requirements of
14subsection (6) of Section 6 shall not apply (a) when in the
15medical judgment of the physician who is to perform the
16abortion or the referring physician based upon the particular
17facts of the case before him: (i) there exists a medical
18emergency, or (ii) the administration of such an anesthetic or
19analgesic would decrease a possibility of sustained survival
20of the fetus apart from the body of the mother, with or without
21artificial support, or (b) when the physician who is to
22perform the abortion administers an anesthetic or an analgesic
23to the woman or the fetus and he knows there exists reasonable
24medical certainty that such use will abolish organic pain
25caused to the fetus during the course of the abortion.
26    (7) No person shall sell or experiment upon a fetus

 

 

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1produced by the fertilization of a human ovum by a human sperm
2unless such experimentation is therapeutic to the fetus
3thereby produced. Intentional violation of this section is a
4Class A misdemeanor. Nothing in this subsection (7) is
5intended to prohibit the performance of in vitro
6fertilization.
7    (8) No person shall intentionally perform an abortion with
8knowledge that the pregnant woman is seeking the abortion
9solely on account of the sex of the fetus. Nothing in Section
106(8) shall be construed to proscribe the performance of an
11abortion on account of the sex of the fetus because of a
12genetic disorder linked to that sex. If the application of
13Section 6(8) to the period of pregnancy prior to viability is
14held invalid, then such invalidity shall not affect its
15application to the period of pregnancy subsequent to
16viability.
 
17    Section 10. A report of each abortion performed shall be
18made to the Department on forms prescribed by it. Such report
19forms shall not identify the patient by name, but by an
20individual number to be noted in the patient's permanent
21record in the possession of the physician, and shall include
22information concerning:
23        (1) Identification of the physician who performed the
24    abortion and the facility where the abortion was performed
25    and a patient identification number;

 

 

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1        (2) State in which the patient resides;
2        (3) Patient's date of birth, race and marital status;
3        (4) Number of prior pregnancies;
4        (5) Date of last menstrual period;
5        (6) Type of abortion procedure performed;
6        (7) Complications and whether the abortion resulted in
7    a live birth;
8        (8) The date the abortion was performed;
9        (9) Medical indications for any abortion performed
10    when the fetus was viable;
11        (10) The information required by Sections 6(1)(b) and
12    6(4)(b) of this Act, if applicable;
13        (11) Basis for any medical judgment that a medical
14    emergency existed when required under Sections 6(2)(a) and
15    6(6) and when required to be reported in accordance with
16    this Section by any provision of this Law; and
17        (12) The pathologist's test results pursuant to
18    Section 12 of this Act.
19    Such form shall be completed by the hospital or other
20licensed facility, signed by the physician who performed the
21abortion or pregnancy termination, and transmitted to the
22Department not later than 10 days following the end of the
23month in which the abortion was performed.
24    In the event that a complication of an abortion occurs or
25becomes known after submission of such form, a correction
26using the same patient identification number shall be

 

 

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1submitted to the Department within 10 days of its becoming
2known.
3    The Department may prescribe rules and regulations
4regarding the administration of this Law and shall prescribe
5regulations to secure the confidentiality of the woman's
6identity in the information to be provided under the "Vital
7Records Act". All reports received by the Department shall be
8treated as confidential and the Department shall secure the
9woman's anonymity. Such reports shall be used only for
10statistical purposes.
11    Upon 30 days public notice, the Department is empowered to
12require reporting of any additional information which, in the
13sound discretion of the Department, is necessary to develop
14statistical data relating to the protection of maternal or
15fetal life or health, or is necessary to enforce the
16provisions of this Law, or is necessary to develop useful
17criteria for medical decisions. The Department shall annually
18report to the General Assembly all statistical data gathered
19under this Law and its recommendations to further the purpose
20of this Law.
21    The requirement for reporting to the General Assembly
22shall be satisfied by filing copies of the report as required
23by Section 3.1 of the General Assembly Organization Act, and
24filing such additional copies with the State Government Report
25Distribution Center for the General Assembly as is required
26under paragraph (t) of Section 7 of the State Library Act.
 

 

 

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1    Section 10.1. Any physician who diagnoses a woman as
2having complications resulting from an abortion shall report,
3within a reasonable period of time, the diagnosis and a
4summary of her physical symptoms to the Illinois Department of
5Public Health in accordance with procedures and upon forms
6required by such Department. The Department of Public Health
7shall define the complications required to be reported by
8rule. The complications defined by rule shall be those which,
9according to contemporary medical standards, are manifested by
10symptoms with severity equal to or greater than hemorrhaging
11requiring transfusion, infection, incomplete abortion, or
12punctured organs. If the physician making the diagnosis of a
13complication knows the name or location of the facility where
14the abortion was performed, he shall report such information
15to the Department of Public Health.
16    Any physician who intentionally violates this Section
17shall be subject to revocation of his license pursuant to
18paragraph (22) of Section 22 of the Medical Practice Act of
191987.
 
20    Section 11. (1) Any person who intentionally violates any
21provision of this Law commits a Class A misdemeanor unless a
22specific penalty is otherwise provided. Any person who
23intentionally falsifies any writing required by this Law
24commits a Class A misdemeanor.

 

 

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1    Intentional, knowing, reckless, or negligent violations of
2this Law shall constitute unprofessional conduct which causes
3public harm under Section 22 of the Medical Practice Act of
41987, as amended; Section 70-5 of the Nurse Practice Act, and
5Section 21 of the Physician Assistant Practice Act of 1987, as
6amended.
7    Intentional, knowing, reckless or negligent violations of
8this Law will constitute grounds for refusal, denial,
9revocation, suspension, or withdrawal of license, certificate,
10or permit under Section 30 of the Pharmacy Practice Act, as
11amended; Section 7 of the Ambulatory Surgical Treatment Center
12Act, effective July 19, 1973, as amended; and Section 7 of the
13Hospital Licensing Act.
14    (2) Any hospital or licensed facility which, or any
15physician who intentionally, knowingly, or recklessly fails to
16submit a complete report to the Department in accordance with
17the provisions of Section 10 of this Law and any person who
18intentionally, knowingly, recklessly or negligently fails to
19maintain the confidentiality of any reports required under
20this Law or reports required by Sections 10.1 or 12 of this Law
21commits a Class B misdemeanor.
22    (3) Any person who sells any drug, medicine, instrument or
23other substance which he knows to be an abortifacient and
24which is in fact an abortifacient, unless upon prescription of
25a physician, is guilty of a Class B misdemeanor. Any person who
26prescribes or administers any instrument, medicine, drug or

 

 

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1other substance or device, which he knows to be an
2abortifacient, and which is in fact an abortifacient, and
3intentionally, knowingly or recklessly fails to inform the
4person for whom it is prescribed or upon whom it is
5administered that it is an abortifacient commits a Class C
6misdemeanor.
7    (4) Any person who intentionally, knowingly or recklessly
8performs upon a woman what he represents to that woman to be an
9abortion when he knows or should know that she is not pregnant
10commits a Class 2 felony and shall be answerable in civil
11damages equal to 3 times the amount of proved damages.
 
12    Section 11.1. (a) The payment or receipt of a referral fee
13in connection with the performance of an abortion is a Class 4
14felony.
15    (b) For purposes of this Section, "referral fee" means the
16transfer of anything of value between a doctor who performs an
17abortion or an operator or employee of a clinic at which an
18abortion is performed and the person who advised the woman
19receiving the abortion to use the services of that doctor or
20clinic.
 
21    Section 12. The dead fetus and all tissue removed at the
22time of abortion shall be submitted for a gross and
23microscopic analysis and tissue report to a board eligible or
24certified pathologist as a matter of record in all cases. The

 

 

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1results of the analysis and report shall be given to the
2physician who performed the abortion within 7 days of the
3abortion and such physician shall report any complications
4relevant to the woman's medical condition to his patient
5within 48 hours of receiving a report if possible. Any
6evidence of live birth or of viability shall be reported
7within 7 days, if possible, to the Department by the
8pathologist. Intentional failure of the pathologist to report
9any evidence of live birth or of viability to the Department is
10a Class B misdemeanor.
 
11    Section 12.1. Nothing in this Act shall prohibit the use
12of any tissues or cells obtained from a dead fetus or dead
13premature infant whose death did not result from an induced
14abortion, for therapeutic purposes or scientific, research, or
15laboratory experimentation, provided that the written consent
16to such use is obtained from one of the parents of such fetus
17or infant.
 
18    Section 13. No physician, hospital, ambulatory surgical
19center, nor employee thereof, shall be required against his or
20its conscience declared in writing to perform, permit or
21participate in any abortion, and the failure or refusal to do
22so shall not be the basis for any civil, criminal,
23administrative or disciplinary action, proceeding, penalty or
24punishment. If any request for an abortion is denied, the

 

 

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1patient shall be promptly notified.
 
2    Section 14. (1) If any provision, word, phrase or clause
3of this Act or the application thereof to any person or
4circumstance shall be held invalid, such invalidity shall not
5affect the provisions, words, phrases, clauses or application
6of this Act which can be given effect without the invalid
7provision, word, phrase, clause, or application, and to this
8end the provisions, words, phrases, and clauses of this Act
9are declared to be severable.
10    (2) Within 60 days from the time this Section becomes law,
11the Department shall issue regulations pursuant to Section 10.
12Insofar as Section 10 requires registration under the "Vital
13Records Act", it shall not take effect until such regulations
14are issued. The Department shall make available the forms
15required under Section 10 within 30 days of the time this
16Section becomes law. No requirement that any person report
17information to the Department shall become effective until the
18Department has made available the forms required under Section
1910. All other provisions of this amended Law shall take effect
20immediately upon enactment.
 
21    Section 15. This Article shall be known and may be cited as
22the Illinois Abortion Law of 2021. References in this Article
23to "this Act" mean this Article.
 

 

 

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1
Article 2.

 
2    Section 201. Short title. This Article may be cited as the
3Partial-birth Abortion Ban Act of 2021. References in this
4Article to "this Act" mean this Article.
 
5    Section 205. Definitions. In this Act:
6    "Partial-birth abortion" means an abortion in which the
7person performing the abortion partially vaginally delivers a
8living human fetus or infant before killing the fetus or
9infant and completing the delivery. The terms "fetus" and
10"infant" are used interchangeably to refer to the biological
11offspring of human parents.
 
12    Section 210. Partial-birth abortions prohibited. Any
13person who knowingly performs a partial-birth abortion and
14thereby kills a human fetus or infant is guilty of a Class 4
15felony. This Section does not apply to a partial-birth
16abortion that is necessary to save the life of a mother because
17her life is endangered by a physical disorder, physical
18illness, or physical injury, including a life-endangering
19condition caused by or arising from the pregnancy itself,
20provided that no other medical procedure would suffice for
21that purpose.
 
22    Section 215. Civil action. The maternal grandparents of

 

 

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1the fetus or infant, if the mother has not attained the age of
218 years at the time of the abortion, may in a civil action
3obtain appropriate relief unless the pregnancy resulted from
4the plaintiff's criminal conduct or the plaintiff consented to
5the abortion. The relief shall include money damages for all
6injuries, psychological and physical, occasioned by the
7violation of this Act and statutory damages equal to 3 times
8the cost of the partial-birth abortion.
 
9    Section 220. Prosecution of woman prohibited. A woman on
10whom a partial-birth abortion is performed may not be
11prosecuted under this Act, for a conspiracy to violate this
12Act, or for an offense under Article 31 of the Criminal Code of
131961 or Criminal Code of 2012 based on a violation of this Act,
14nor may she be held accountable under Article 5 of the Criminal
15Code of 1961 or Criminal Code of 2012 for an offense based on a
16violation of this Act.
 
17
Article 3.

 
18    Section 301. Short title. This Article may be cited as the
19Abortion Performance Refusal Act of 2021. References in this
20Article to "this Act" mean this Article.
 
21    Section 305.
22    (a) No physician, nurse or other person who refuses to

 

 

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1recommend, perform or assist in the performance of an
2abortion, whether such abortion be a crime or not, shall be
3liable to any person for damages allegedly arising from such
4refusal.
5    (b) No hospital that refuses to permit the performance of
6an abortion upon its premises, whether such abortion be a
7crime or not, shall be liable to any person for damages
8allegedly arising from such refusal.
9    (c) Any person, association, partnership or corporation
10that discriminates against another person in any way,
11including, but not limited to, hiring, promotion, advancement,
12transfer, licensing, granting of hospital privileges, or staff
13appointments, because of that person's refusal to recommend,
14perform or assist in the performance of an abortion, whether
15such abortion be a crime or not, shall be answerable in civil
16damages equal to 3 times the amount of proved damages, but in
17no case less than $2,000.
18    (d) The license of any hospital, doctor, nurse or any
19other medical personnel shall not be revoked or suspended
20because of a refusal to permit, recommend, perform or assist
21in the performance of an abortion.
 
22
Article 4.

 
23    (775 ILCS 55/Act rep.)
24    Section 405. The Reproductive Health Act is repealed.
 

 

 

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1
Article 5.

 
2    Section 505. The Ambulatory Surgical Treatment Center Act
3is amended by adding Section 6.2 as follows:
 
4    (210 ILCS 5/6.2 new)
5    Sec. 6.2. Notwithstanding any other provision of this Act,
6any corporation operating an Ambulatory Surgical Treatment
7Center devoted primarily to providing facilities for abortion
8must have a physician, who is licensed to practice medicine in
9all of its branches and is actively engaged in the practice of
10medicine at the Center, on the board of directors as a
11condition to licensure of the Center.
 
12    Section 510. The Sexual Assault Survivors Emergency
13Treatment Act is amended by adding Section 9.1 as follows:
 
14    (410 ILCS 70/9.1 new)
15    Sec. 9.1. Nothing in this Act shall be construed to
16require a hospital or an approved pediatric health care
17facility to provide any services which relate to an abortion.
 
18    Section 515. The Code of Civil Procedure is amended by
19adding Section 11-107.1a as follows:
 

 

 

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1    (735 ILCS 5/11-107.1a new)
2    Sec. 11-107.1a. Injunctive relief for the father of an
3unborn child in an abortion related decision by the mother. In
4any case when a married woman wishes to have an abortion
5performed upon her, and her spouse, who is the father of the
6unborn child, is opposed to the performance of that abortion,
7a court may hear testimony from both parties and balance the
8rights and interests of those parties.
9    When the interests of the husband in preventing the
10abortion outweigh those of the wife in having an abortion
11performed after the unborn child is viable, the court may
12issue an injunction against the performance of the abortion
13but only where the court makes a finding that the mother's life
14or physical health are not in danger.
 
15
Article 6.

 
16    Section 605. The State Employees Group Insurance Act of
171971 is amended by changing Section 6.11 as follows:
 
18    (5 ILCS 375/6.11)
19    Sec. 6.11. Required health benefits; Illinois Insurance
20Code requirements. The program of health benefits shall
21provide the post-mastectomy care benefits required to be
22covered by a policy of accident and health insurance under
23Section 356t of the Illinois Insurance Code. The program of

 

 

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1health benefits shall provide the coverage required under
2Sections 356g, 356g.5, 356g.5-1, 356m, 356u, 356w, 356x,
3356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
4356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
5356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
6356z.36, and 356z.41 of the Illinois Insurance Code. The
7program of health benefits must comply with Sections 155.22a,
8155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of
9the Illinois Insurance Code. The Department of Insurance shall
10enforce the requirements of this Section with respect to
11Sections 370c and 370c.1 of the Illinois Insurance Code; all
12other requirements of this Section shall be enforced by the
13Department of Central Management Services.
14    Rulemaking authority to implement Public Act 95-1045, if
15any, is conditioned on the rules being adopted in accordance
16with all provisions of the Illinois Administrative Procedure
17Act and all rules and procedures of the Joint Committee on
18Administrative Rules; any purported rule not so adopted, for
19whatever reason, is unauthorized.
20(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
21100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
221-1-19; 100-1102, eff. 1-1-19; 100-1170, eff. 6-1-19; 101-13,
23eff. 6-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
24101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
251-1-21.)
 

 

 

HB1893- 22 -LRB102 15297 LNS 20652 b

1    Section 610. The Children and Family Services Act is
2amended by changing Section 5 as follows:
 
3    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
4    Sec. 5. Direct child welfare services; Department of
5Children and Family Services. To provide direct child welfare
6services when not available through other public or private
7child care or program facilities.
8    (a) For purposes of this Section:
9        (1) "Children" means persons found within the State
10    who are under the age of 18 years. The term also includes
11    persons under age 21 who:
12            (A) were committed to the Department pursuant to
13        the Juvenile Court Act or the Juvenile Court Act of
14        1987, as amended, and who continue under the
15        jurisdiction of the court; or
16            (B) were accepted for care, service and training
17        by the Department prior to the age of 18 and whose best
18        interest in the discretion of the Department would be
19        served by continuing that care, service and training
20        because of severe emotional disturbances, physical
21        disability, social adjustment or any combination
22        thereof, or because of the need to complete an
23        educational or vocational training program.
24        (2) "Homeless youth" means persons found within the
25    State who are under the age of 19, are not in a safe and

 

 

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1    stable living situation and cannot be reunited with their
2    families.
3        (3) "Child welfare services" means public social
4    services which are directed toward the accomplishment of
5    the following purposes:
6            (A) protecting and promoting the health, safety
7        and welfare of children, including homeless,
8        dependent, or neglected children;
9            (B) remedying, or assisting in the solution of
10        problems which may result in, the neglect, abuse,
11        exploitation, or delinquency of children;
12            (C) preventing the unnecessary separation of
13        children from their families by identifying family
14        problems, assisting families in resolving their
15        problems, and preventing the breakup of the family
16        where the prevention of child removal is desirable and
17        possible when the child can be cared for at home
18        without endangering the child's health and safety;
19            (D) restoring to their families children who have
20        been removed, by the provision of services to the
21        child and the families when the child can be cared for
22        at home without endangering the child's health and
23        safety;
24            (E) placing children in suitable adoptive homes,
25        in cases where restoration to the biological family is
26        not safe, possible, or appropriate;

 

 

HB1893- 24 -LRB102 15297 LNS 20652 b

1            (F) assuring safe and adequate care of children
2        away from their homes, in cases where the child cannot
3        be returned home or cannot be placed for adoption. At
4        the time of placement, the Department shall consider
5        concurrent planning, as described in subsection (l-1)
6        of this Section so that permanency may occur at the
7        earliest opportunity. Consideration should be given so
8        that if reunification fails or is delayed, the
9        placement made is the best available placement to
10        provide permanency for the child;
11            (G) (blank);
12            (H) (blank); and
13            (I) placing and maintaining children in facilities
14        that provide separate living quarters for children
15        under the age of 18 and for children 18 years of age
16        and older, unless a child 18 years of age is in the
17        last year of high school education or vocational
18        training, in an approved individual or group treatment
19        program, in a licensed shelter facility, or secure
20        child care facility. The Department is not required to
21        place or maintain children:
22                (i) who are in a foster home, or
23                (ii) who are persons with a developmental
24            disability, as defined in the Mental Health and
25            Developmental Disabilities Code, or
26                (iii) who are female children who are

 

 

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1            pregnant, pregnant and parenting, or parenting, or
2                (iv) who are siblings, in facilities that
3            provide separate living quarters for children 18
4            years of age and older and for children under 18
5            years of age.
6    (b) (Blank). Nothing in this Section shall be construed to
7authorize the expenditure of public funds for the purpose of
8performing abortions.
9    (c) The Department shall establish and maintain
10tax-supported child welfare services and extend and seek to
11improve voluntary services throughout the State, to the end
12that services and care shall be available on an equal basis
13throughout the State to children requiring such services.
14    (d) The Director may authorize advance disbursements for
15any new program initiative to any agency contracting with the
16Department. As a prerequisite for an advance disbursement, the
17contractor must post a surety bond in the amount of the advance
18disbursement and have a purchase of service contract approved
19by the Department. The Department may pay up to 2 months
20operational expenses in advance. The amount of the advance
21disbursement shall be prorated over the life of the contract
22or the remaining months of the fiscal year, whichever is less,
23and the installment amount shall then be deducted from future
24bills. Advance disbursement authorizations for new initiatives
25shall not be made to any agency after that agency has operated
26during 2 consecutive fiscal years. The requirements of this

 

 

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1Section concerning advance disbursements shall not apply with
2respect to the following: payments to local public agencies
3for child day care services as authorized by Section 5a of this
4Act; and youth service programs receiving grant funds under
5Section 17a-4.
6    (e) (Blank).
7    (f) (Blank).
8    (g) The Department shall establish rules and regulations
9concerning its operation of programs designed to meet the
10goals of child safety and protection, family preservation,
11family reunification, and adoption, including, but not limited
12to:
13        (1) adoption;
14        (2) foster care;
15        (3) family counseling;
16        (4) protective services;
17        (5) (blank);
18        (6) homemaker service;
19        (7) return of runaway children;
20        (8) (blank);
21        (9) placement under Section 5-7 of the Juvenile Court
22    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
23    Court Act of 1987 in accordance with the federal Adoption
24    Assistance and Child Welfare Act of 1980; and
25        (10) interstate services.
26    Rules and regulations established by the Department shall

 

 

HB1893- 27 -LRB102 15297 LNS 20652 b

1include provisions for training Department staff and the staff
2of Department grantees, through contracts with other agencies
3or resources, in screening techniques to identify substance
4use disorders, as defined in the Substance Use Disorder Act,
5approved by the Department of Human Services, as a successor
6to the Department of Alcoholism and Substance Abuse, for the
7purpose of identifying children and adults who should be
8referred for an assessment at an organization appropriately
9licensed by the Department of Human Services for substance use
10disorder treatment.
11    (h) If the Department finds that there is no appropriate
12program or facility within or available to the Department for
13a youth in care and that no licensed private facility has an
14adequate and appropriate program or none agrees to accept the
15youth in care, the Department shall create an appropriate
16individualized, program-oriented plan for such youth in care.
17The plan may be developed within the Department or through
18purchase of services by the Department to the extent that it is
19within its statutory authority to do.
20    (i) Service programs shall be available throughout the
21State and shall include but not be limited to the following
22services:
23        (1) case management;
24        (2) homemakers;
25        (3) counseling;
26        (4) parent education;

 

 

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1        (5) day care; and
2        (6) emergency assistance and advocacy.
3    In addition, the following services may be made available
4to assess and meet the needs of children and families:
5        (1) comprehensive family-based services;
6        (2) assessments;
7        (3) respite care; and
8        (4) in-home health services.
9    The Department shall provide transportation for any of the
10services it makes available to children or families or for
11which it refers children or families.
12    (j) The Department may provide categories of financial
13assistance and education assistance grants, and shall
14establish rules and regulations concerning the assistance and
15grants, to persons who adopt children with physical or mental
16disabilities, children who are older, or other hard-to-place
17children who (i) immediately prior to their adoption were
18youth in care or (ii) were determined eligible for financial
19assistance with respect to a prior adoption and who become
20available for adoption because the prior adoption has been
21dissolved and the parental rights of the adoptive parents have
22been terminated or because the child's adoptive parents have
23died. The Department may continue to provide financial
24assistance and education assistance grants for a child who was
25determined eligible for financial assistance under this
26subsection (j) in the interim period beginning when the

 

 

HB1893- 29 -LRB102 15297 LNS 20652 b

1child's adoptive parents died and ending with the finalization
2of the new adoption of the child by another adoptive parent or
3parents. The Department may also provide categories of
4financial assistance and education assistance grants, and
5shall establish rules and regulations for the assistance and
6grants, to persons appointed guardian of the person under
7Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
84-25, or 5-740 of the Juvenile Court Act of 1987 for children
9who were youth in care for 12 months immediately prior to the
10appointment of the guardian.
11    The amount of assistance may vary, depending upon the
12needs of the child and the adoptive parents, as set forth in
13the annual assistance agreement. Special purpose grants are
14allowed where the child requires special service but such
15costs may not exceed the amounts which similar services would
16cost the Department if it were to provide or secure them as
17guardian of the child.
18    Any financial assistance provided under this subsection is
19inalienable by assignment, sale, execution, attachment,
20garnishment, or any other remedy for recovery or collection of
21a judgment or debt.
22    (j-5) The Department shall not deny or delay the placement
23of a child for adoption if an approved family is available
24either outside of the Department region handling the case, or
25outside of the State of Illinois.
26    (k) The Department shall accept for care and training any

 

 

HB1893- 30 -LRB102 15297 LNS 20652 b

1child who has been adjudicated neglected or abused, or
2dependent committed to it pursuant to the Juvenile Court Act
3or the Juvenile Court Act of 1987.
4    (l) The Department shall offer family preservation
5services, as defined in Section 8.2 of the Abused and
6Neglected Child Reporting Act, to help families, including
7adoptive and extended families. Family preservation services
8shall be offered (i) to prevent the placement of children in
9substitute care when the children can be cared for at home or
10in the custody of the person responsible for the children's
11welfare, (ii) to reunite children with their families, or
12(iii) to maintain an adoptive placement. Family preservation
13services shall only be offered when doing so will not endanger
14the children's health or safety. With respect to children who
15are in substitute care pursuant to the Juvenile Court Act of
161987, family preservation services shall not be offered if a
17goal other than those of subdivisions (A), (B), or (B-1) of
18subsection (2) of Section 2-28 of that Act has been set, except
19that reunification services may be offered as provided in
20paragraph (F) of subsection (2) of Section 2-28 of that Act.
21Nothing in this paragraph shall be construed to create a
22private right of action or claim on the part of any individual
23or child welfare agency, except that when a child is the
24subject of an action under Article II of the Juvenile Court Act
25of 1987 and the child's service plan calls for services to
26facilitate achievement of the permanency goal, the court

 

 

HB1893- 31 -LRB102 15297 LNS 20652 b

1hearing the action under Article II of the Juvenile Court Act
2of 1987 may order the Department to provide the services set
3out in the plan, if those services are not provided with
4reasonable promptness and if those services are available.
5    The Department shall notify the child and his family of
6the Department's responsibility to offer and provide family
7preservation services as identified in the service plan. The
8child and his family shall be eligible for services as soon as
9the report is determined to be "indicated". The Department may
10offer services to any child or family with respect to whom a
11report of suspected child abuse or neglect has been filed,
12prior to concluding its investigation under Section 7.12 of
13the Abused and Neglected Child Reporting Act. However, the
14child's or family's willingness to accept services shall not
15be considered in the investigation. The Department may also
16provide services to any child or family who is the subject of
17any report of suspected child abuse or neglect or may refer
18such child or family to services available from other agencies
19in the community, even if the report is determined to be
20unfounded, if the conditions in the child's or family's home
21are reasonably likely to subject the child or family to future
22reports of suspected child abuse or neglect. Acceptance of
23such services shall be voluntary. The Department may also
24provide services to any child or family after completion of a
25family assessment, as an alternative to an investigation, as
26provided under the "differential response program" provided

 

 

HB1893- 32 -LRB102 15297 LNS 20652 b

1for in subsection (a-5) of Section 7.4 of the Abused and
2Neglected Child Reporting Act.
3    The Department may, at its discretion except for those
4children also adjudicated neglected or dependent, accept for
5care and training any child who has been adjudicated addicted,
6as a truant minor in need of supervision or as a minor
7requiring authoritative intervention, under the Juvenile Court
8Act or the Juvenile Court Act of 1987, but no such child shall
9be committed to the Department by any court without the
10approval of the Department. On and after January 1, 2015 (the
11effective date of Public Act 98-803) and before January 1,
122017, a minor charged with a criminal offense under the
13Criminal Code of 1961 or the Criminal Code of 2012 or
14adjudicated delinquent shall not be placed in the custody of
15or committed to the Department by any court, except (i) a minor
16less than 16 years of age committed to the Department under
17Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
18for whom an independent basis of abuse, neglect, or dependency
19exists, which must be defined by departmental rule, or (iii) a
20minor for whom the court has granted a supplemental petition
21to reinstate wardship pursuant to subsection (2) of Section
222-33 of the Juvenile Court Act of 1987. On and after January 1,
232017, a minor charged with a criminal offense under the
24Criminal Code of 1961 or the Criminal Code of 2012 or
25adjudicated delinquent shall not be placed in the custody of
26or committed to the Department by any court, except (i) a minor

 

 

HB1893- 33 -LRB102 15297 LNS 20652 b

1less than 15 years of age committed to the Department under
2Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
3for whom an independent basis of abuse, neglect, or dependency
4exists, which must be defined by departmental rule, or (iii) a
5minor for whom the court has granted a supplemental petition
6to reinstate wardship pursuant to subsection (2) of Section
72-33 of the Juvenile Court Act of 1987. An independent basis
8exists when the allegations or adjudication of abuse, neglect,
9or dependency do not arise from the same facts, incident, or
10circumstances which give rise to a charge or adjudication of
11delinquency. The Department shall assign a caseworker to
12attend any hearing involving a youth in the care and custody of
13the Department who is placed on aftercare release, including
14hearings involving sanctions for violation of aftercare
15release conditions and aftercare release revocation hearings.
16    As soon as is possible after August 7, 2009 (the effective
17date of Public Act 96-134), the Department shall develop and
18implement a special program of family preservation services to
19support intact, foster, and adoptive families who are
20experiencing extreme hardships due to the difficulty and
21stress of caring for a child who has been diagnosed with a
22pervasive developmental disorder if the Department determines
23that those services are necessary to ensure the health and
24safety of the child. The Department may offer services to any
25family whether or not a report has been filed under the Abused
26and Neglected Child Reporting Act. The Department may refer

 

 

HB1893- 34 -LRB102 15297 LNS 20652 b

1the child or family to services available from other agencies
2in the community if the conditions in the child's or family's
3home are reasonably likely to subject the child or family to
4future reports of suspected child abuse or neglect. Acceptance
5of these services shall be voluntary. The Department shall
6develop and implement a public information campaign to alert
7health and social service providers and the general public
8about these special family preservation services. The nature
9and scope of the services offered and the number of families
10served under the special program implemented under this
11paragraph shall be determined by the level of funding that the
12Department annually allocates for this purpose. The term
13"pervasive developmental disorder" under this paragraph means
14a neurological condition, including, but not limited to,
15Asperger's Syndrome and autism, as defined in the most recent
16edition of the Diagnostic and Statistical Manual of Mental
17Disorders of the American Psychiatric Association.
18    (l-1) The legislature recognizes that the best interests
19of the child require that the child be placed in the most
20permanent living arrangement as soon as is practically
21possible. To achieve this goal, the legislature directs the
22Department of Children and Family Services to conduct
23concurrent planning so that permanency may occur at the
24earliest opportunity. Permanent living arrangements may
25include prevention of placement of a child outside the home of
26the family when the child can be cared for at home without

 

 

HB1893- 35 -LRB102 15297 LNS 20652 b

1endangering the child's health or safety; reunification with
2the family, when safe and appropriate, if temporary placement
3is necessary; or movement of the child toward the most
4permanent living arrangement and permanent legal status.
5    When determining reasonable efforts to be made with
6respect to a child, as described in this subsection, and in
7making such reasonable efforts, the child's health and safety
8shall be the paramount concern.
9    When a child is placed in foster care, the Department
10shall ensure and document that reasonable efforts were made to
11prevent or eliminate the need to remove the child from the
12child's home. The Department must make reasonable efforts to
13reunify the family when temporary placement of the child
14occurs unless otherwise required, pursuant to the Juvenile
15Court Act of 1987. At any time after the dispositional hearing
16where the Department believes that further reunification
17services would be ineffective, it may request a finding from
18the court that reasonable efforts are no longer appropriate.
19The Department is not required to provide further
20reunification services after such a finding.
21    A decision to place a child in substitute care shall be
22made with considerations of the child's health, safety, and
23best interests. At the time of placement, consideration should
24also be given so that if reunification fails or is delayed, the
25placement made is the best available placement to provide
26permanency for the child.

 

 

HB1893- 36 -LRB102 15297 LNS 20652 b

1    The Department shall adopt rules addressing concurrent
2planning for reunification and permanency. The Department
3shall consider the following factors when determining
4appropriateness of concurrent planning:
5        (1) the likelihood of prompt reunification;
6        (2) the past history of the family;
7        (3) the barriers to reunification being addressed by
8    the family;
9        (4) the level of cooperation of the family;
10        (5) the foster parents' willingness to work with the
11    family to reunite;
12        (6) the willingness and ability of the foster family
13    to provide an adoptive home or long-term placement;
14        (7) the age of the child;
15        (8) placement of siblings.
16    (m) The Department may assume temporary custody of any
17child if:
18        (1) it has received a written consent to such
19    temporary custody signed by the parents of the child or by
20    the parent having custody of the child if the parents are
21    not living together or by the guardian or custodian of the
22    child if the child is not in the custody of either parent,
23    or
24        (2) the child is found in the State and neither a
25    parent, guardian nor custodian of the child can be
26    located.

 

 

HB1893- 37 -LRB102 15297 LNS 20652 b

1If the child is found in his or her residence without a parent,
2guardian, custodian, or responsible caretaker, the Department
3may, instead of removing the child and assuming temporary
4custody, place an authorized representative of the Department
5in that residence until such time as a parent, guardian, or
6custodian enters the home and expresses a willingness and
7apparent ability to ensure the child's health and safety and
8resume permanent charge of the child, or until a relative
9enters the home and is willing and able to ensure the child's
10health and safety and assume charge of the child until a
11parent, guardian, or custodian enters the home and expresses
12such willingness and ability to ensure the child's safety and
13resume permanent charge. After a caretaker has remained in the
14home for a period not to exceed 12 hours, the Department must
15follow those procedures outlined in Section 2-9, 3-11, 4-8, or
165-415 of the Juvenile Court Act of 1987.
17    The Department shall have the authority, responsibilities
18and duties that a legal custodian of the child would have
19pursuant to subsection (9) of Section 1-3 of the Juvenile
20Court Act of 1987. Whenever a child is taken into temporary
21custody pursuant to an investigation under the Abused and
22Neglected Child Reporting Act, or pursuant to a referral and
23acceptance under the Juvenile Court Act of 1987 of a minor in
24limited custody, the Department, during the period of
25temporary custody and before the child is brought before a
26judicial officer as required by Section 2-9, 3-11, 4-8, or

 

 

HB1893- 38 -LRB102 15297 LNS 20652 b

15-415 of the Juvenile Court Act of 1987, shall have the
2authority, responsibilities and duties that a legal custodian
3of the child would have under subsection (9) of Section 1-3 of
4the Juvenile Court Act of 1987.
5    The Department shall ensure that any child taken into
6custody is scheduled for an appointment for a medical
7examination.
8    A parent, guardian, or custodian of a child in the
9temporary custody of the Department who would have custody of
10the child if he were not in the temporary custody of the
11Department may deliver to the Department a signed request that
12the Department surrender the temporary custody of the child.
13The Department may retain temporary custody of the child for
1410 days after the receipt of the request, during which period
15the Department may cause to be filed a petition pursuant to the
16Juvenile Court Act of 1987. If a petition is so filed, the
17Department shall retain temporary custody of the child until
18the court orders otherwise. If a petition is not filed within
19the 10-day period, the child shall be surrendered to the
20custody of the requesting parent, guardian, or custodian not
21later than the expiration of the 10-day period, at which time
22the authority and duties of the Department with respect to the
23temporary custody of the child shall terminate.
24    (m-1) The Department may place children under 18 years of
25age in a secure child care facility licensed by the Department
26that cares for children who are in need of secure living

 

 

HB1893- 39 -LRB102 15297 LNS 20652 b

1arrangements for their health, safety, and well-being after a
2determination is made by the facility director and the
3Director or the Director's designate prior to admission to the
4facility subject to Section 2-27.1 of the Juvenile Court Act
5of 1987. This subsection (m-1) does not apply to a child who is
6subject to placement in a correctional facility operated
7pursuant to Section 3-15-2 of the Unified Code of Corrections,
8unless the child is a youth in care who was placed in the care
9of the Department before being subject to placement in a
10correctional facility and a court of competent jurisdiction
11has ordered placement of the child in a secure care facility.
12    (n) The Department may place children under 18 years of
13age in licensed child care facilities when in the opinion of
14the Department, appropriate services aimed at family
15preservation have been unsuccessful and cannot ensure the
16child's health and safety or are unavailable and such
17placement would be for their best interest. Payment for board,
18clothing, care, training and supervision of any child placed
19in a licensed child care facility may be made by the
20Department, by the parents or guardians of the estates of
21those children, or by both the Department and the parents or
22guardians, except that no payments shall be made by the
23Department for any child placed in a licensed child care
24facility for board, clothing, care, training and supervision
25of such a child that exceed the average per capita cost of
26maintaining and of caring for a child in institutions for

 

 

HB1893- 40 -LRB102 15297 LNS 20652 b

1dependent or neglected children operated by the Department.
2However, such restriction on payments does not apply in cases
3where children require specialized care and treatment for
4problems of severe emotional disturbance, physical disability,
5social adjustment, or any combination thereof and suitable
6facilities for the placement of such children are not
7available at payment rates within the limitations set forth in
8this Section. All reimbursements for services delivered shall
9be absolutely inalienable by assignment, sale, attachment, or
10garnishment or otherwise.
11    (n-1) The Department shall provide or authorize child
12welfare services, aimed at assisting minors to achieve
13sustainable self-sufficiency as independent adults, for any
14minor eligible for the reinstatement of wardship pursuant to
15subsection (2) of Section 2-33 of the Juvenile Court Act of
161987, whether or not such reinstatement is sought or allowed,
17provided that the minor consents to such services and has not
18yet attained the age of 21. The Department shall have
19responsibility for the development and delivery of services
20under this Section. An eligible youth may access services
21under this Section through the Department of Children and
22Family Services or by referral from the Department of Human
23Services. Youth participating in services under this Section
24shall cooperate with the assigned case manager in developing
25an agreement identifying the services to be provided and how
26the youth will increase skills to achieve self-sufficiency. A

 

 

HB1893- 41 -LRB102 15297 LNS 20652 b

1homeless shelter is not considered appropriate housing for any
2youth receiving child welfare services under this Section. The
3Department shall continue child welfare services under this
4Section to any eligible minor until the minor becomes 21 years
5of age, no longer consents to participate, or achieves
6self-sufficiency as identified in the minor's service plan.
7The Department of Children and Family Services shall create
8clear, readable notice of the rights of former foster youth to
9child welfare services under this Section and how such
10services may be obtained. The Department of Children and
11Family Services and the Department of Human Services shall
12disseminate this information statewide. The Department shall
13adopt regulations describing services intended to assist
14minors in achieving sustainable self-sufficiency as
15independent adults.
16    (o) The Department shall establish an administrative
17review and appeal process for children and families who
18request or receive child welfare services from the Department.
19Youth in care who are placed by private child welfare
20agencies, and foster families with whom those youth are
21placed, shall be afforded the same procedural and appeal
22rights as children and families in the case of placement by the
23Department, including the right to an initial review of a
24private agency decision by that agency. The Department shall
25ensure that any private child welfare agency, which accepts
26youth in care for placement, affords those rights to children

 

 

HB1893- 42 -LRB102 15297 LNS 20652 b

1and foster families. The Department shall accept for
2administrative review and an appeal hearing a complaint made
3by (i) a child or foster family concerning a decision
4following an initial review by a private child welfare agency
5or (ii) a prospective adoptive parent who alleges a violation
6of subsection (j-5) of this Section. An appeal of a decision
7concerning a change in the placement of a child shall be
8conducted in an expedited manner. A court determination that a
9current foster home placement is necessary and appropriate
10under Section 2-28 of the Juvenile Court Act of 1987 does not
11constitute a judicial determination on the merits of an
12administrative appeal, filed by a former foster parent,
13involving a change of placement decision.
14    (p) (Blank).
15    (q) The Department may receive and use, in their entirety,
16for the benefit of children any gift, donation, or bequest of
17money or other property which is received on behalf of such
18children, or any financial benefits to which such children are
19or may become entitled while under the jurisdiction or care of
20the Department.
21    The Department shall set up and administer no-cost,
22interest-bearing accounts in appropriate financial
23institutions for children for whom the Department is legally
24responsible and who have been determined eligible for
25Veterans' Benefits, Social Security benefits, assistance
26allotments from the armed forces, court ordered payments,

 

 

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1parental voluntary payments, Supplemental Security Income,
2Railroad Retirement payments, Black Lung benefits, or other
3miscellaneous payments. Interest earned by each account shall
4be credited to the account, unless disbursed in accordance
5with this subsection.
6    In disbursing funds from children's accounts, the
7Department shall:
8        (1) Establish standards in accordance with State and
9    federal laws for disbursing money from children's
10    accounts. In all circumstances, the Department's
11    "Guardianship Administrator" or his or her designee must
12    approve disbursements from children's accounts. The
13    Department shall be responsible for keeping complete
14    records of all disbursements for each account for any
15    purpose.
16        (2) Calculate on a monthly basis the amounts paid from
17    State funds for the child's board and care, medical care
18    not covered under Medicaid, and social services; and
19    utilize funds from the child's account, as covered by
20    regulation, to reimburse those costs. Monthly,
21    disbursements from all children's accounts, up to 1/12 of
22    $13,000,000, shall be deposited by the Department into the
23    General Revenue Fund and the balance over 1/12 of
24    $13,000,000 into the DCFS Children's Services Fund.
25        (3) Maintain any balance remaining after reimbursing
26    for the child's costs of care, as specified in item (2).

 

 

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1    The balance shall accumulate in accordance with relevant
2    State and federal laws and shall be disbursed to the child
3    or his or her guardian, or to the issuing agency.
4    (r) The Department shall promulgate regulations
5encouraging all adoption agencies to voluntarily forward to
6the Department or its agent names and addresses of all persons
7who have applied for and have been approved for adoption of a
8hard-to-place child or child with a disability and the names
9of such children who have not been placed for adoption. A list
10of such names and addresses shall be maintained by the
11Department or its agent, and coded lists which maintain the
12confidentiality of the person seeking to adopt the child and
13of the child shall be made available, without charge, to every
14adoption agency in the State to assist the agencies in placing
15such children for adoption. The Department may delegate to an
16agent its duty to maintain and make available such lists. The
17Department shall ensure that such agent maintains the
18confidentiality of the person seeking to adopt the child and
19of the child.
20    (s) The Department of Children and Family Services may
21establish and implement a program to reimburse Department and
22private child welfare agency foster parents licensed by the
23Department of Children and Family Services for damages
24sustained by the foster parents as a result of the malicious or
25negligent acts of foster children, as well as providing third
26party coverage for such foster parents with regard to actions

 

 

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1of foster children to other individuals. Such coverage will be
2secondary to the foster parent liability insurance policy, if
3applicable. The program shall be funded through appropriations
4from the General Revenue Fund, specifically designated for
5such purposes.
6    (t) The Department shall perform home studies and
7investigations and shall exercise supervision over visitation
8as ordered by a court pursuant to the Illinois Marriage and
9Dissolution of Marriage Act or the Adoption Act only if:
10        (1) an order entered by an Illinois court specifically
11    directs the Department to perform such services; and
12        (2) the court has ordered one or both of the parties to
13    the proceeding to reimburse the Department for its
14    reasonable costs for providing such services in accordance
15    with Department rules, or has determined that neither
16    party is financially able to pay.
17    The Department shall provide written notification to the
18court of the specific arrangements for supervised visitation
19and projected monthly costs within 60 days of the court order.
20The Department shall send to the court information related to
21the costs incurred except in cases where the court has
22determined the parties are financially unable to pay. The
23court may order additional periodic reports as appropriate.
24    (u) In addition to other information that must be
25provided, whenever the Department places a child with a
26prospective adoptive parent or parents, or in a licensed

 

 

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1foster home, group home, or child care institution, or in a
2relative home, the Department shall provide to the prospective
3adoptive parent or parents or other caretaker:
4        (1) available detailed information concerning the
5    child's educational and health history, copies of
6    immunization records (including insurance and medical card
7    information), a history of the child's previous
8    placements, if any, and reasons for placement changes
9    excluding any information that identifies or reveals the
10    location of any previous caretaker;
11        (2) a copy of the child's portion of the client
12    service plan, including any visitation arrangement, and
13    all amendments or revisions to it as related to the child;
14    and
15        (3) information containing details of the child's
16    individualized educational plan when the child is
17    receiving special education services.
18    The caretaker shall be informed of any known social or
19behavioral information (including, but not limited to,
20criminal background, fire setting, perpetuation of sexual
21abuse, destructive behavior, and substance abuse) necessary to
22care for and safeguard the children to be placed or currently
23in the home. The Department may prepare a written summary of
24the information required by this paragraph, which may be
25provided to the foster or prospective adoptive parent in
26advance of a placement. The foster or prospective adoptive

 

 

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1parent may review the supporting documents in the child's file
2in the presence of casework staff. In the case of an emergency
3placement, casework staff shall at least provide known
4information verbally, if necessary, and must subsequently
5provide the information in writing as required by this
6subsection.
7    The information described in this subsection shall be
8provided in writing. In the case of emergency placements when
9time does not allow prior review, preparation, and collection
10of written information, the Department shall provide such
11information as it becomes available. Within 10 business days
12after placement, the Department shall obtain from the
13prospective adoptive parent or parents or other caretaker a
14signed verification of receipt of the information provided.
15Within 10 business days after placement, the Department shall
16provide to the child's guardian ad litem a copy of the
17information provided to the prospective adoptive parent or
18parents or other caretaker. The information provided to the
19prospective adoptive parent or parents or other caretaker
20shall be reviewed and approved regarding accuracy at the
21supervisory level.
22    (u-5) Effective July 1, 1995, only foster care placements
23licensed as foster family homes pursuant to the Child Care Act
24of 1969 shall be eligible to receive foster care payments from
25the Department. Relative caregivers who, as of July 1, 1995,
26were approved pursuant to approved relative placement rules

 

 

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1previously promulgated by the Department at 89 Ill. Adm. Code
2335 and had submitted an application for licensure as a foster
3family home may continue to receive foster care payments only
4until the Department determines that they may be licensed as a
5foster family home or that their application for licensure is
6denied or until September 30, 1995, whichever occurs first.
7    (v) The Department shall access criminal history record
8information as defined in the Illinois Uniform Conviction
9Information Act and information maintained in the adjudicatory
10and dispositional record system as defined in Section 2605-355
11of the Department of State Police Law (20 ILCS 2605/2605-355)
12if the Department determines the information is necessary to
13perform its duties under the Abused and Neglected Child
14Reporting Act, the Child Care Act of 1969, and the Children and
15Family Services Act. The Department shall provide for
16interactive computerized communication and processing
17equipment that permits direct on-line communication with the
18Department of State Police's central criminal history data
19repository. The Department shall comply with all certification
20requirements and provide certified operators who have been
21trained by personnel from the Department of State Police. In
22addition, one Office of the Inspector General investigator
23shall have training in the use of the criminal history
24information access system and have access to the terminal. The
25Department of Children and Family Services and its employees
26shall abide by rules and regulations established by the

 

 

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1Department of State Police relating to the access and
2dissemination of this information.
3    (v-1) Prior to final approval for placement of a child,
4the Department shall conduct a criminal records background
5check of the prospective foster or adoptive parent, including
6fingerprint-based checks of national crime information
7databases. Final approval for placement shall not be granted
8if the record check reveals a felony conviction for child
9abuse or neglect, for spousal abuse, for a crime against
10children, or for a crime involving violence, including rape,
11sexual assault, or homicide, but not including other physical
12assault or battery, or if there is a felony conviction for
13physical assault, battery, or a drug-related offense committed
14within the past 5 years.
15    (v-2) Prior to final approval for placement of a child,
16the Department shall check its child abuse and neglect
17registry for information concerning prospective foster and
18adoptive parents, and any adult living in the home. If any
19prospective foster or adoptive parent or other adult living in
20the home has resided in another state in the preceding 5 years,
21the Department shall request a check of that other state's
22child abuse and neglect registry.
23    (w) Within 120 days of August 20, 1995 (the effective date
24of Public Act 89-392), the Department shall prepare and submit
25to the Governor and the General Assembly, a written plan for
26the development of in-state licensed secure child care

 

 

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1facilities that care for children who are in need of secure
2living arrangements for their health, safety, and well-being.
3For purposes of this subsection, secure care facility shall
4mean a facility that is designed and operated to ensure that
5all entrances and exits from the facility, a building or a
6distinct part of the building, are under the exclusive control
7of the staff of the facility, whether or not the child has the
8freedom of movement within the perimeter of the facility,
9building, or distinct part of the building. The plan shall
10include descriptions of the types of facilities that are
11needed in Illinois; the cost of developing these secure care
12facilities; the estimated number of placements; the potential
13cost savings resulting from the movement of children currently
14out-of-state who are projected to be returned to Illinois; the
15necessary geographic distribution of these facilities in
16Illinois; and a proposed timetable for development of such
17facilities.
18    (x) The Department shall conduct annual credit history
19checks to determine the financial history of children placed
20under its guardianship pursuant to the Juvenile Court Act of
211987. The Department shall conduct such credit checks starting
22when a youth in care turns 12 years old and each year
23thereafter for the duration of the guardianship as terminated
24pursuant to the Juvenile Court Act of 1987. The Department
25shall determine if financial exploitation of the child's
26personal information has occurred. If financial exploitation

 

 

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1appears to have taken place or is presently ongoing, the
2Department shall notify the proper law enforcement agency, the
3proper State's Attorney, or the Attorney General.
4    (y) Beginning on July 22, 2010 (the effective date of
5Public Act 96-1189), a child with a disability who receives
6residential and educational services from the Department shall
7be eligible to receive transition services in accordance with
8Article 14 of the School Code from the age of 14.5 through age
921, inclusive, notwithstanding the child's residential
10services arrangement. For purposes of this subsection, "child
11with a disability" means a child with a disability as defined
12by the federal Individuals with Disabilities Education
13Improvement Act of 2004.
14    (z) The Department shall access criminal history record
15information as defined as "background information" in this
16subsection and criminal history record information as defined
17in the Illinois Uniform Conviction Information Act for each
18Department employee or Department applicant. Each Department
19employee or Department applicant shall submit his or her
20fingerprints to the Department of State Police in the form and
21manner prescribed by the Department of State Police. These
22fingerprints shall be checked against the fingerprint records
23now and hereafter filed in the Department of State Police and
24the Federal Bureau of Investigation criminal history records
25databases. The Department of State Police shall charge a fee
26for conducting the criminal history record check, which shall

 

 

HB1893- 52 -LRB102 15297 LNS 20652 b

1be deposited into the State Police Services Fund and shall not
2exceed the actual cost of the record check. The Department of
3State Police shall furnish, pursuant to positive
4identification, all Illinois conviction information to the
5Department of Children and Family Services.
6    For purposes of this subsection:
7    "Background information" means all of the following:
8        (i) Upon the request of the Department of Children and
9    Family Services, conviction information obtained from the
10    Department of State Police as a result of a
11    fingerprint-based criminal history records check of the
12    Illinois criminal history records database and the Federal
13    Bureau of Investigation criminal history records database
14    concerning a Department employee or Department applicant.
15        (ii) Information obtained by the Department of
16    Children and Family Services after performing a check of
17    the Department of State Police's Sex Offender Database, as
18    authorized by Section 120 of the Sex Offender Community
19    Notification Law, concerning a Department employee or
20    Department applicant.
21        (iii) Information obtained by the Department of
22    Children and Family Services after performing a check of
23    the Child Abuse and Neglect Tracking System (CANTS)
24    operated and maintained by the Department.
25    "Department employee" means a full-time or temporary
26employee coded or certified within the State of Illinois

 

 

HB1893- 53 -LRB102 15297 LNS 20652 b

1Personnel System.
2    "Department applicant" means an individual who has
3conditional Department full-time or part-time work, a
4contractor, an individual used to replace or supplement staff,
5an academic intern, a volunteer in Department offices or on
6Department contracts, a work-study student, an individual or
7entity licensed by the Department, or an unlicensed service
8provider who works as a condition of a contract or an agreement
9and whose work may bring the unlicensed service provider into
10contact with Department clients or client records.
11(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
12100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
138-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
14eff. 7-12-19; revised 8-1-19.)
 
15    Section 615. The Freedom of Information Act is amended by
16changing Section 7.5 as follows:
 
17    (5 ILCS 140/7.5)
18    Sec. 7.5. Statutory exemptions. To the extent provided for
19by the statutes referenced below, the following shall be
20exempt from inspection and copying:
21        (a) All information determined to be confidential
22    under Section 4002 of the Technology Advancement and
23    Development Act.
24        (b) Library circulation and order records identifying

 

 

HB1893- 54 -LRB102 15297 LNS 20652 b

1    library users with specific materials under the Library
2    Records Confidentiality Act.
3        (c) Applications, related documents, and medical
4    records received by the Experimental Organ Transplantation
5    Procedures Board and any and all documents or other
6    records prepared by the Experimental Organ Transplantation
7    Procedures Board or its staff relating to applications it
8    has received.
9        (d) Information and records held by the Department of
10    Public Health and its authorized representatives relating
11    to known or suspected cases of sexually transmissible
12    disease or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmissible
14    Disease Control Act.
15        (e) Information the disclosure of which is exempted
16    under Section 30 of the Radon Industry Licensing Act.
17        (f) Firm performance evaluations under Section 55 of
18    the Architectural, Engineering, and Land Surveying
19    Qualifications Based Selection Act.
20        (g) Information the disclosure of which is restricted
21    and exempted under Section 50 of the Illinois Prepaid
22    Tuition Act.
23        (h) Information the disclosure of which is exempted
24    under the State Officials and Employees Ethics Act, and
25    records of any lawfully created State or local inspector
26    general's office that would be exempt if created or

 

 

HB1893- 55 -LRB102 15297 LNS 20652 b

1    obtained by an Executive Inspector General's office under
2    that Act.
3        (i) Information contained in a local emergency energy
4    plan submitted to a municipality in accordance with a
5    local emergency energy plan ordinance that is adopted
6    under Section 11-21.5-5 of the Illinois Municipal Code.
7        (j) Information and data concerning the distribution
8    of surcharge moneys collected and remitted by carriers
9    under the Emergency Telephone System Act.
10        (k) Law enforcement officer identification information
11    or driver identification information compiled by a law
12    enforcement agency or the Department of Transportation
13    under Section 11-212 of the Illinois Vehicle Code.
14        (l) Records and information provided to a residential
15    health care facility resident sexual assault and death
16    review team or the Executive Council under the Abuse
17    Prevention Review Team Act.
18        (m) Information provided to the predatory lending
19    database created pursuant to Article 3 of the Residential
20    Real Property Disclosure Act, except to the extent
21    authorized under that Article.
22        (n) Defense budgets and petitions for certification of
23    compensation and expenses for court appointed trial
24    counsel as provided under Sections 10 and 15 of the
25    Capital Crimes Litigation Act. This subsection (n) shall
26    apply until the conclusion of the trial of the case, even

 

 

HB1893- 56 -LRB102 15297 LNS 20652 b

1    if the prosecution chooses not to pursue the death penalty
2    prior to trial or sentencing.
3        (o) Information that is prohibited from being
4    disclosed under Section 4 of the Illinois Health and
5    Hazardous Substances Registry Act.
6        (p) Security portions of system safety program plans,
7    investigation reports, surveys, schedules, lists, data, or
8    information compiled, collected, or prepared by or for the
9    Regional Transportation Authority under Section 2.11 of
10    the Regional Transportation Authority Act or the St. Clair
11    County Transit District under the Bi-State Transit Safety
12    Act.
13        (q) Information prohibited from being disclosed by the
14    Personnel Records Record Review Act.
15        (r) Information prohibited from being disclosed by the
16    Illinois School Student Records Act.
17        (s) Information the disclosure of which is restricted
18    under Section 5-108 of the Public Utilities Act.
19        (t) All identified or deidentified health information
20    in the form of health data or medical records contained
21    in, stored in, submitted to, transferred by, or released
22    from the Illinois Health Information Exchange, and
23    identified or deidentified health information in the form
24    of health data and medical records of the Illinois Health
25    Information Exchange in the possession of the Illinois
26    Health Information Exchange Office due to its

 

 

HB1893- 57 -LRB102 15297 LNS 20652 b

1    administration of the Illinois Health Information
2    Exchange. The terms "identified" and "deidentified" shall
3    be given the same meaning as in the Health Insurance
4    Portability and Accountability Act of 1996, Public Law
5    104-191, or any subsequent amendments thereto, and any
6    regulations promulgated thereunder.
7        (u) Records and information provided to an independent
8    team of experts under the Developmental Disability and
9    Mental Health Safety Act (also known as Brian's Law).
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed
17    Carry Licensing Review Board under the Firearm Concealed
18    Carry Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (w) Personally identifiable information which is
21    exempted from disclosure under subsection (g) of Section
22    19.1 of the Toll Highway Act.
23        (x) Information which is exempted from disclosure
24    under Section 5-1014.3 of the Counties Code or Section
25    8-11-21 of the Illinois Municipal Code.
26        (y) Confidential information under the Adult

 

 

HB1893- 58 -LRB102 15297 LNS 20652 b

1    Protective Services Act and its predecessor enabling
2    statute, the Elder Abuse and Neglect Act, including
3    information about the identity and administrative finding
4    against any caregiver of a verified and substantiated
5    decision of abuse, neglect, or financial exploitation of
6    an eligible adult maintained in the Registry established
7    under Section 7.5 of the Adult Protective Services Act.
8        (z) Records and information provided to a fatality
9    review team or the Illinois Fatality Review Team Advisory
10    Council under Section 15 of the Adult Protective Services
11    Act.
12        (aa) Information which is exempted from disclosure
13    under Section 2.37 of the Wildlife Code.
14        (bb) Information which is or was prohibited from
15    disclosure by the Juvenile Court Act of 1987.
16        (cc) Recordings made under the Law Enforcement
17    Officer-Worn Body Camera Act, except to the extent
18    authorized under that Act.
19        (dd) Information that is prohibited from being
20    disclosed under Section 45 of the Condominium and Common
21    Interest Community Ombudsperson Act.
22        (ee) Information that is exempted from disclosure
23    under Section 30.1 of the Pharmacy Practice Act.
24        (ff) Information that is exempted from disclosure
25    under the Revised Uniform Unclaimed Property Act.
26        (gg) Information that is prohibited from being

 

 

HB1893- 59 -LRB102 15297 LNS 20652 b

1    disclosed under Section 7-603.5 of the Illinois Vehicle
2    Code.
3        (hh) Records that are exempt from disclosure under
4    Section 1A-16.7 of the Election Code.
5        (ii) Information which is exempted from disclosure
6    under Section 2505-800 of the Department of Revenue Law of
7    the Civil Administrative Code of Illinois.
8        (jj) Information and reports that are required to be
9    submitted to the Department of Labor by registering day
10    and temporary labor service agencies but are exempt from
11    disclosure under subsection (a-1) of Section 45 of the Day
12    and Temporary Labor Services Act.
13        (kk) Information prohibited from disclosure under the
14    Seizure and Forfeiture Reporting Act.
15        (ll) Information the disclosure of which is restricted
16    and exempted under Section 5-30.8 of the Illinois Public
17    Aid Code.
18        (mm) Records that are exempt from disclosure under
19    Section 4.2 of the Crime Victims Compensation Act.
20        (nn) Information that is exempt from disclosure under
21    Section 70 of the Higher Education Student Assistance Act.
22        (oo) Communications, notes, records, and reports
23    arising out of a peer support counseling session
24    prohibited from disclosure under the First Responders
25    Suicide Prevention Act.
26        (pp) Names and all identifying information relating to

 

 

HB1893- 60 -LRB102 15297 LNS 20652 b

1    an employee of an emergency services provider or law
2    enforcement agency under the First Responders Suicide
3    Prevention Act.
4        (qq) (Blank). Information and records held by the
5    Department of Public Health and its authorized
6    representatives collected under the Reproductive Health
7    Act.
8        (rr) Information that is exempt from disclosure under
9    the Cannabis Regulation and Tax Act.
10        (ss) Data reported by an employer to the Department of
11    Human Rights pursuant to Section 2-108 of the Illinois
12    Human Rights Act.
13        (tt) Recordings made under the Children's Advocacy
14    Center Act, except to the extent authorized under that
15    Act.
16        (uu) Information that is exempt from disclosure under
17    Section 50 of the Sexual Assault Evidence Submission Act.
18        (vv) Information that is exempt from disclosure under
19    subsections (f) and (j) of Section 5-36 of the Illinois
20    Public Aid Code.
21        (ww) Information that is exempt from disclosure under
22    Section 16.8 of the State Treasurer Act.
23        (xx) Information that is exempt from disclosure or
24    information that shall not be made public under the
25    Illinois Insurance Code.
26        (yy) Information prohibited from being disclosed under

 

 

HB1893- 61 -LRB102 15297 LNS 20652 b

1    the Illinois Educational Labor Relations Act.
2        (zz) Information prohibited from being disclosed under
3    the Illinois Public Labor Relations Act.
4        (aaa) Information prohibited from being disclosed
5    under Section 1-167 of the Illinois Pension Code.
6(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
7100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
88-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
9eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
10100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
116-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
12eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
13101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
141-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
15eff. 7-7-20.)
 
16    Section 620. The Counties Code is amended by changing
17Section 3-3013 as follows:
 
18    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
19    Sec. 3-3013. Preliminary investigations; blood and urine
20analysis; summoning jury; reports. Every coroner, whenever,
21as soon as he knows or is informed that the dead body of any
22person is found, or lying within his county, whose death is
23suspected of being:
24        (a) A sudden or violent death, whether apparently

 

 

HB1893- 62 -LRB102 15297 LNS 20652 b

1    suicidal, homicidal or accidental, including but not
2    limited to deaths apparently caused or contributed to by
3    thermal, traumatic, chemical, electrical or radiational
4    injury, or a complication of any of them, or by drowning or
5    suffocation, or as a result of domestic violence as
6    defined in the Illinois Domestic Violence Act of 1986;
7        (b) A maternal or fetal death due to abortion, or any
8    death due to a sex crime or a crime against nature;
9        (c) A death where the circumstances are suspicious,
10    obscure, mysterious or otherwise unexplained or where, in
11    the written opinion of the attending physician, the cause
12    of death is not determined;
13        (d) A death where addiction to alcohol or to any drug
14    may have been a contributory cause; or
15        (e) A death where the decedent was not attended by a
16    licensed physician;
17shall go to the place where the dead body is, and take charge
18of the same and shall make a preliminary investigation into
19the circumstances of the death. In the case of death without
20attendance by a licensed physician the body may be moved with
21the coroner's consent from the place of death to a mortuary in
22the same county. Coroners in their discretion shall notify
23such physician as is designated in accordance with Section
243-3014 to attempt to ascertain the cause of death, either by
25autopsy or otherwise.
26    In cases of accidental death involving a motor vehicle in

 

 

HB1893- 63 -LRB102 15297 LNS 20652 b

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

 

 

HB1893- 64 -LRB102 15297 LNS 20652 b

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

 

 

HB1893- 65 -LRB102 15297 LNS 20652 b

1State, such as the Illinois Department of State Police,
2Division of Forensic Services, for analysis and categorizing
3into genetic marker groupings. The results of the analysis and
4categorizing into genetic marker groupings shall be provided
5to the Illinois Department of State Police and shall be
6maintained by the Illinois Department of State Police in the
7State central repository in the same manner, and subject to
8the same conditions, as provided in Section 5-4-3 of the
9Unified Code of Corrections. The requirements of this
10paragraph are in addition to any other findings, specimens, or
11information that the coroner or medical examiner is required
12to provide during the conduct of a criminal investigation.
13    In all counties, in cases of apparent suicide, homicide,
14or accidental death or in other cases, within the discretion
15of the coroner, the coroner may summon 8 persons of lawful age
16from those persons drawn for petit jurors in the county. The
17summons shall command these persons to present themselves
18personally at such a place and time as the coroner shall
19determine, and may be in any form which the coroner shall
20determine and may incorporate any reasonable form of request
21for acknowledgement which the coroner deems practical and
22provides a reliable proof of service. The summons may be
23served by first class mail. From the 8 persons so summoned, the
24coroner shall select 6 to serve as the jury for the inquest.
25Inquests may be continued from time to time, as the coroner may
26deem necessary. The 6 jurors selected in a given case may view

 

 

HB1893- 66 -LRB102 15297 LNS 20652 b

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

 

 

HB1893- 67 -LRB102 15297 LNS 20652 b

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

 

 

HB1893- 68 -LRB102 15297 LNS 20652 b

1of the State or youth in care as defined in Section 4d of the
2Children and Family Services Act in private care facilities or
3in programs funded by the Department of Human Services under
4its powers relating to mental health and developmental
5disabilities or alcoholism and substance abuse or funded by
6the Department of Children and Family Services shall be
7reported to the coroner of the county in which the facility is
8located. If the coroner has reason to believe that an
9investigation is needed to determine whether the death was
10caused by maltreatment or negligent care of the ward of the
11State or youth in care as defined in Section 4d of the Children
12and Family Services Act, the coroner may conduct a preliminary
13investigation of the circumstances of such death as in cases
14of death under circumstances set forth in paragraphs (a)
15through (e) of this Section.
16(Source: P.A. 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
 
17    Section 625. The Ambulatory Surgical Treatment Center Act
18is amended by changing Section 2, and 3 as follows:
 
19    (210 ILCS 5/2)  (from Ch. 111 1/2, par. 157-8.2)
20    Sec. 2. It is declared to be the public policy that the
21State has a legitimate interest in assuring that all medical
22procedures, including abortions, are performed under
23circumstances that insure maximum safety. Therefore, the
24purpose of this Act is to provide for the better protection of

 

 

HB1893- 69 -LRB102 15297 LNS 20652 b

1the public health through the development, establishment, and
2enforcement of standards (1) for the care of individuals in
3ambulatory surgical treatment centers, and (2) for the
4construction, maintenance and operation of ambulatory surgical
5treatment centers, which, in light of advancing knowledge,
6will promote safe and adequate treatment of such individuals
7in ambulatory surgical treatment centers.
8(Source: P.A. 101-13, eff. 6-12-19.)
 
9    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
10    Sec. 3. As used in this Act, unless the context otherwise
11requires, the following words and phrases shall have the
12meanings ascribed to them:
13    (A) "Ambulatory surgical treatment center" means any
14institution, place or building devoted primarily to the
15maintenance and operation of facilities for the performance of
16surgical procedures. "Ambulatory surgical treatment center"
17includes any place that meets and complies with the definition
18of an ambulatory surgical treatment center under the rules
19adopted by the Department or any facility in which a medical or
20surgical procedure is utilized to terminate a pregnancy,
21irrespective of whether the facility is devoted primarily to
22this purpose. Such facility shall not provide beds or other
23accommodations for the overnight stay of patients; however,
24facilities devoted exclusively to the treatment of children
25may provide accommodations and beds for their patients for up

 

 

HB1893- 70 -LRB102 15297 LNS 20652 b

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

 

 

HB1893- 71 -LRB102 15297 LNS 20652 b

1    procedures, including procedures to terminate a pregnancy
2    or to manage pregnancy loss, is limited to those performed
3    without general, epidural, or spinal anesthesia, and which
4    is not otherwise required to be an ambulatory surgical
5    treatment center. For purposes of this paragraph,
6    "general, epidural, or spinal anesthesia" does not include
7    local anesthesia or intravenous sedation. Nothing in this
8    paragraph shall be construed to limit any such facility
9    from voluntarily electing to apply for licensure as an
10    ambulatory surgical treatment center.
11    (B) "Person" means any individual, firm, partnership,
12corporation, company, association, or joint stock association,
13or the legal successor thereof.
14    (C) "Department" means the Department of Public Health of
15the State of Illinois.
16    (D) "Director" means the Director of the Department of
17Public Health of the State of Illinois.
18    (E) "Physician" means a person licensed to practice
19medicine in all of its branches in the State of Illinois.
20    (F) "Dentist" means a person licensed to practice
21dentistry under the Illinois Dental Practice Act.
22    (G) "Podiatric physician" means a person licensed to
23practice podiatry under the Podiatric Medical Practice Act of
241987.
25(Source: P.A. 101-13, eff. 6-12-19.)
 

 

 

HB1893- 72 -LRB102 15297 LNS 20652 b

1    Section 630. The Illinois Insurance Code is amended by
2changing Section 356z.4 and adding 356z.4a as follows:
 
3    (215 ILCS 5/356z.4)
4    Sec. 356z.4. Coverage for contraceptives.
5    (a)(1) The General Assembly hereby finds and declares all
6of the following:
7        (A) Illinois has a long history of expanding timely
8    access to birth control to prevent unintended pregnancy.
9        (B) The federal Patient Protection and Affordable Care
10    Act includes a contraceptive coverage guarantee as part of
11    a broader requirement for health insurance to cover key
12    preventive care services without out-of-pocket costs for
13    patients.
14        (C) The General Assembly intends to build on existing
15    State and federal law to promote gender equity and women's
16    health and to ensure greater contraceptive coverage equity
17    and timely access to all federal Food and Drug
18    Administration approved methods of birth control for all
19    individuals covered by an individual or group health
20    insurance policy in Illinois.
21        (D) Medical management techniques such as denials,
22    step therapy, or prior authorization in public and private
23    health care coverage can impede access to the most
24    effective contraceptive methods.
25    (2) As used in this subsection (a):

 

 

HB1893- 73 -LRB102 15297 LNS 20652 b

1    "Contraceptive services" includes consultations,
2examinations, procedures, and medical services related to the
3use of contraceptive methods (including natural family
4planning) to prevent an unintended pregnancy.
5    "Medical necessity", for the purposes of this subsection
6(a), includes, but is not limited to, considerations such as
7severity of side effects, differences in permanence and
8reversibility of contraceptive, and ability to adhere to the
9appropriate use of the item or service, as determined by the
10attending provider.
11    "Therapeutic equivalent version" means drugs, devices, or
12products that can be expected to have the same clinical effect
13and safety profile when administered to patients under the
14conditions specified in the labeling and satisfy the following
15general criteria:
16        (i) they are approved as safe and effective;
17        (ii) they are pharmaceutical equivalents in that they
18    (A) contain identical amounts of the same active drug
19    ingredient in the same dosage form and route of
20    administration and (B) meet compendial or other applicable
21    standards of strength, quality, purity, and identity;
22        (iii) they are bioequivalent in that (A) they do not
23    present a known or potential bioequivalence problem and
24    they meet an acceptable in vitro standard or (B) if they do
25    present such a known or potential problem, they are shown
26    to meet an appropriate bioequivalence standard;

 

 

HB1893- 74 -LRB102 15297 LNS 20652 b

1        (iv) they are adequately labeled; and
2        (v) they are manufactured in compliance with Current
3    Good Manufacturing Practice regulations.
4    (3) An individual or group policy of accident and health
5insurance amended, delivered, issued, or renewed in this State
6after the effective date of this amendatory Act of the 99th
7General Assembly shall provide coverage for all of the
8following services and contraceptive methods:
9        (A) All contraceptive drugs, devices, and other
10    products approved by the United States Food and Drug
11    Administration. This includes all over-the-counter
12    contraceptive drugs, devices, and products approved by the
13    United States Food and Drug Administration, excluding male
14    condoms. The following apply:
15            (i) If the United States Food and Drug
16        Administration has approved one or more therapeutic
17        equivalent versions of a contraceptive drug, device,
18        or product, a policy is not required to include all
19        such therapeutic equivalent versions in its formulary,
20        so long as at least one is included and covered without
21        cost-sharing and in accordance with this Section.
22            (ii) If an individual's attending provider
23        recommends a particular service or item approved by
24        the United States Food and Drug Administration based
25        on a determination of medical necessity with respect
26        to that individual, the plan or issuer must cover that

 

 

HB1893- 75 -LRB102 15297 LNS 20652 b

1        service or item without cost sharing. The plan or
2        issuer must defer to the determination of the
3        attending provider.
4            (iii) If a drug, device, or product is not
5        covered, plans and issuers must have an easily
6        accessible, transparent, and sufficiently expedient
7        process that is not unduly burdensome on the
8        individual or a provider or other individual acting as
9        a patient's authorized representative to ensure
10        coverage without cost sharing.
11            (iv) This coverage must provide for the dispensing
12        of 12 months' worth of contraception at one time.
13        (B) Voluntary sterilization procedures.
14        (C) Contraceptive services, patient education, and
15    counseling on contraception.
16        (D) Follow-up services related to the drugs, devices,
17    products, and procedures covered under this Section,
18    including, but not limited to, management of side effects,
19    counseling for continued adherence, and device insertion
20    and removal.
21    (4) Except as otherwise provided in this subsection (a), a
22policy subject to this subsection (a) shall not impose a
23deductible, coinsurance, copayment, or any other cost-sharing
24requirement on the coverage provided. The provisions of this
25paragraph do not apply to coverage of voluntary male
26sterilization procedures to the extent such coverage would

 

 

HB1893- 76 -LRB102 15297 LNS 20652 b

1disqualify a high-deductible health plan from eligibility for
2a health savings account pursuant to the federal Internal
3Revenue Code, 26 U.S.C. 223.
4    (5) Except as otherwise authorized under this subsection
5(a), a policy shall not impose any restrictions or delays on
6the coverage required under this subsection (a).
7    (6) If, at any time, the Secretary of the United States
8Department of Health and Human Services, or its successor
9agency, promulgates rules or regulations to be published in
10the Federal Register or publishes a comment in the Federal
11Register or issues an opinion, guidance, or other action that
12would require the State, pursuant to any provision of the
13Patient Protection and Affordable Care Act (Public Law
14111-148), including, but not limited to, 42 U.S.C.
1518031(d)(3)(B) or any successor provision, to defray the cost
16of any coverage outlined in this subsection (a), then this
17subsection (a) is inoperative with respect to all coverage
18outlined in this subsection (a) other than that authorized
19under Section 1902 of the Social Security Act, 42 U.S.C.
201396a, and the State shall not assume any obligation for the
21cost of the coverage set forth in this subsection (a).
22    (b) This subsection (b) shall become operative if and only
23if subsection (a) becomes inoperative.
24    An individual or group policy of accident and health
25insurance amended, delivered, issued, or renewed in this State
26after the date this subsection (b) becomes operative that

 

 

HB1893- 77 -LRB102 15297 LNS 20652 b

1provides coverage for outpatient services and outpatient
2prescription drugs or devices must provide coverage for the
3insured and any dependent of the insured covered by the policy
4for all outpatient contraceptive services and all outpatient
5contraceptive drugs and devices approved by the Food and Drug
6Administration. Coverage required under this Section may not
7impose any deductible, coinsurance, waiting period, or other
8cost-sharing or limitation that is greater than that required
9for any outpatient service or outpatient prescription drug or
10device otherwise covered by the policy.
11    Nothing in this subsection (b) shall be construed to
12require an insurance company to cover services related to
13permanent sterilization that requires a surgical procedure.
14    As used in this subsection (b), "outpatient contraceptive
15service" means consultations, examinations, procedures, and
16medical services, provided on an outpatient basis and related
17to the use of contraceptive methods (including natural family
18planning) to prevent an unintended pregnancy.
19    (c) (Blank). Nothing in this Section shall be construed to
20require an insurance company to cover services related to an
21abortion as the term "abortion" is defined in the Illinois
22Abortion Law of 2021.
23    (d) If a plan or issuer utilizes a network of providers,
24nothing in this Section shall be construed to require coverage
25or to prohibit the plan or issuer from imposing cost-sharing
26for items or services described in this Section that are

 

 

HB1893- 78 -LRB102 15297 LNS 20652 b

1provided or delivered by an out-of-network provider, unless
2the plan or issuer does not have in its network a provider who
3is able to or is willing to provide the applicable items or
4services.
5(Source: P.A. 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19.)
 
6    (215 ILCS 5/356z.4a rep.)
7    Section 632. The Illinois Insurance Code is amended by
8repealing Section 356z.4a.
 
9    Section 635. The Health Maintenance Organization Act is
10amended by changing Section 5-3 as follows:
 
11    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
12    Sec. 5-3. Insurance Code provisions.
13    (a) Health Maintenance Organizations shall be subject to
14the provisions of Sections 133, 134, 136, 137, 139, 140,
15141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
16154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,
17355.3, 355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2,
18356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,
19356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,
20356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,
21356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41, 364,
22364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e,
23370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409,

 

 

HB1893- 79 -LRB102 15297 LNS 20652 b

1412, 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, XXVI, and XXXIIB of the Illinois Insurance
4Code.
5    (b) For purposes of the Illinois Insurance Code, except
6for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
7Health Maintenance Organizations in the following categories
8are deemed to be "domestic companies":
9        (1) a corporation authorized under the Dental Service
10    Plan Act or the Voluntary Health Services Plans Act;
11        (2) a corporation organized under the laws of this
12    State; or
13        (3) a corporation organized under the laws of another
14    state, 30% or more of the enrollees of which are residents
15    of this State, except a corporation subject to
16    substantially the same requirements in its state of
17    organization as is a "domestic company" under Article VIII
18    1/2 of the Illinois Insurance Code.
19    (c) In considering the merger, consolidation, or other
20acquisition of control of a Health Maintenance Organization
21pursuant to Article VIII 1/2 of the Illinois Insurance Code,
22        (1) the Director shall give primary consideration to
23    the continuation of benefits to enrollees and the
24    financial conditions of the acquired Health Maintenance
25    Organization after the merger, consolidation, or other
26    acquisition of control takes effect;

 

 

HB1893- 80 -LRB102 15297 LNS 20652 b

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

 

 

HB1893- 81 -LRB102 15297 LNS 20652 b

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

 

 

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

 

 

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1experience with respect to the group or enrollment unit and
2the resulting additional premium to be paid by the group or
3enrollment unit.
4    In no event shall the Illinois Health Maintenance
5Organization Guaranty Association be liable to pay any
6contractual obligation of an insolvent organization to pay any
7refund authorized under this Section.
8    (g) Rulemaking authority to implement Public Act 95-1045,
9if any, is conditioned on the rules being adopted in
10accordance with all provisions of the Illinois Administrative
11Procedure Act and all rules and procedures of the Joint
12Committee on Administrative Rules; any purported rule not so
13adopted, for whatever 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; 101-13, eff. 6-12-19; 101-81,
17eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20;
18101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
191-1-20; 101-625, eff. 1-1-21.)
 
20    Section 640. The Voluntary Health Services Plans Act is
21amended by changing Section 10 as follows:
 
22    (215 ILCS 165/10)  (from Ch. 32, par. 604)
23    Sec. 10. Application of Insurance Code provisions. Health
24services plan corporations and all persons interested therein

 

 

HB1893- 84 -LRB102 15297 LNS 20652 b

1or dealing therewith shall be subject to the provisions of
2Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
3143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
4356g, 356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x,
5356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
6356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
7356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
8356z.30, 356z.30a, 356z.32, 356z.33, 356z.41, 364.01, 367.2,
9368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
10paragraphs (7) and (15) of Section 367 of the Illinois
11Insurance Code.
12    Rulemaking authority to implement Public Act 95-1045, if
13any, is conditioned on the rules being adopted in accordance
14with all provisions of the Illinois Administrative Procedure
15Act and all rules and procedures of the Joint Committee on
16Administrative Rules; any purported rule not so adopted, for
17whatever reason, is unauthorized.
18(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
19100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
201-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
21eff. 7-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
22101-625, eff. 1-1-21.)
 
23    Section 645. The Medical Practice Act of 1987 is amended
24by changing Section 22 and 36 as follows:
 

 

 

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1    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 22. Disciplinary action.
4    (A) The Department may revoke, suspend, place on
5probation, reprimand, refuse to issue or renew, or take any
6other disciplinary or non-disciplinary action as the
7Department may deem proper with regard to the license or
8permit of any person issued under this Act, including imposing
9fines not to exceed $10,000 for each violation, upon any of the
10following grounds:
11        (1) (Blank). Performance of an elective abortion in
12    any place, locale, facility, or institution other than:
13            (a) a facility licensed pursuant to the Ambulatory
14        Surgical Treatment Center Act;
15            (b) an institution licensed under the Hospital
16        Licensing Act;
17            (c) an ambulatory surgical treatment center or
18        hospitalization or care facility maintained by the
19        State or any agency thereof, where such department or
20        agency has authority under law to establish and
21        enforce standards for the ambulatory surgical
22        treatment centers, hospitalization, or care facilities
23        under its management and control;
24            (d) ambulatory surgical treatment centers,
25        hospitalization or care facilities maintained by the
26        Federal Government; or

 

 

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1            (e) ambulatory surgical treatment centers,
2        hospitalization or care facilities maintained by any
3        university or college established under the laws of
4        this State and supported principally by public funds
5        raised by taxation.
6        (2) (Blank). Performance of an abortion procedure in a
7    willful and wanton manner on a woman who was not pregnant
8    at the time the abortion procedure was performed.
9        (3) A plea of guilty or nolo contendere, finding of
10    guilt, jury verdict, or entry of judgment or sentencing,
11    including, but not limited to, convictions, preceding
12    sentences of supervision, conditional discharge, or first
13    offender probation, under the laws of any jurisdiction of
14    the United States of any crime that is a felony.
15        (4) Gross negligence in practice under this Act.
16        (5) Engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud or harm the public.
19        (6) Obtaining any fee by fraud, deceit, or
20    misrepresentation.
21        (7) Habitual or excessive use or abuse of drugs
22    defined in law as controlled substances, of alcohol, or of
23    any other substances which results in the inability to
24    practice with reasonable judgment, skill, or safety.
25        (8) Practicing under a false or, except as provided by
26    law, an assumed name.

 

 

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1        (9) Fraud or misrepresentation in applying for, or
2    procuring, a license under this Act or in connection with
3    applying for renewal of a license under this Act.
4        (10) Making a false or misleading statement regarding
5    their skill or the efficacy or value of the medicine,
6    treatment, or remedy prescribed by them at their direction
7    in the treatment of any disease or other condition of the
8    body or mind.
9        (11) Allowing another person or organization to use
10    their license, procured under this Act, to practice.
11        (12) Adverse action taken by another state or
12    jurisdiction against a license or other authorization to
13    practice as a medical doctor, doctor of osteopathy, doctor
14    of osteopathic medicine or doctor of chiropractic, a
15    certified copy of the record of the action taken by the
16    other state or jurisdiction being prima facie evidence
17    thereof. This includes any adverse action taken by a State
18    or federal agency that prohibits a medical doctor, doctor
19    of osteopathy, doctor of osteopathic medicine, or doctor
20    of chiropractic from providing services to the agency's
21    participants.
22        (13) Violation of any provision of this Act or of the
23    Medical Practice Act prior to the repeal of that Act, or
24    violation of the rules, or a final administrative action
25    of the Secretary, after consideration of the
26    recommendation of the Disciplinary Board.

 

 

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1        (14) Violation of the prohibition against fee
2    splitting in Section 22.2 of this Act.
3        (15) A finding by the Disciplinary Board that the
4    registrant after having his or her license placed on
5    probationary status or subjected to conditions or
6    restrictions violated the terms of the probation or failed
7    to comply with such terms or conditions.
8        (16) Abandonment of a patient.
9        (17) Prescribing, selling, administering,
10    distributing, giving, or self-administering any drug
11    classified as a controlled substance (designated product)
12    or narcotic for other than medically accepted therapeutic
13    purposes.
14        (18) Promotion of the sale of drugs, devices,
15    appliances, or goods provided for a patient in such manner
16    as to exploit the patient for financial gain of the
17    physician.
18        (19) Offering, undertaking, or agreeing to cure or
19    treat disease by a secret method, procedure, treatment, or
20    medicine, or the treating, operating, or prescribing for
21    any human condition by a method, means, or procedure which
22    the licensee refuses to divulge upon demand of the
23    Department.
24        (20) Immoral conduct in the commission of any act
25    including, but not limited to, commission of an act of
26    sexual misconduct related to the licensee's practice.

 

 

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

 

 

HB1893- 90 -LRB102 15297 LNS 20652 b

1    rendered from the medical assistance program of the
2    Department of Healthcare and Family Services (formerly
3    Department of Public Aid) under the Illinois Public Aid
4    Code.
5        (26) A pattern of practice or other behavior which
6    demonstrates incapacity or incompetence to practice under
7    this Act.
8        (27) Mental illness or disability which results in the
9    inability to practice under this Act with reasonable
10    judgment, skill, or safety.
11        (28) Physical illness, including, but not limited to,
12    deterioration through the aging process, or loss of motor
13    skill which results in a physician's inability to practice
14    under this Act with reasonable judgment, skill, or safety.
15        (29) Cheating on or attempt to subvert the licensing
16    examinations administered under this Act.
17        (30) Willfully or negligently violating the
18    confidentiality between physician and patient except as
19    required by law.
20        (31) The use of any false, fraudulent, or deceptive
21    statement in any document connected with practice under
22    this Act.
23        (32) Aiding and abetting an individual not licensed
24    under this Act in the practice of a profession licensed
25    under this Act.
26        (33) Violating state or federal laws or regulations

 

 

HB1893- 91 -LRB102 15297 LNS 20652 b

1    relating to controlled substances, legend drugs, or
2    ephedra as defined in the Ephedra Prohibition Act.
3        (34) Failure to report to the Department any adverse
4    final action taken against them by another licensing
5    jurisdiction (any other state or any territory of the
6    United States or any foreign state or country), by any
7    peer review body, by any health care institution, by any
8    professional society or association related to practice
9    under this Act, by any governmental agency, by any law
10    enforcement agency, or by any court for acts or conduct
11    similar to acts or conduct which would constitute grounds
12    for action as defined in this Section.
13        (35) Failure to report to the Department surrender of
14    a license or authorization to practice as a medical
15    doctor, a doctor of osteopathy, a doctor of osteopathic
16    medicine, or doctor of chiropractic in another state or
17    jurisdiction, or surrender of membership on any medical
18    staff or in any medical or professional association or
19    society, while under disciplinary investigation by any of
20    those authorities or bodies, for acts or conduct similar
21    to acts or conduct which would constitute grounds for
22    action as defined in this Section.
23        (36) Failure to report to the Department any adverse
24    judgment, settlement, or award arising from a liability
25    claim related to acts or conduct similar to acts or
26    conduct which would constitute grounds for action as

 

 

HB1893- 92 -LRB102 15297 LNS 20652 b

1    defined in this Section.
2        (37) Failure to provide copies of medical records as
3    required by law.
4        (38) Failure to furnish the Department, its
5    investigators or representatives, relevant information,
6    legally requested by the Department after consultation
7    with the Chief Medical Coordinator or the Deputy Medical
8    Coordinator.
9        (39) Violating the Health Care Worker Self-Referral
10    Act.
11        (40) Willful failure to provide notice when notice is
12    required under the Parental Notice of Abortion Act of
13    1995.
14        (41) Failure to establish and maintain records of
15    patient care and treatment as required by this law.
16        (42) Entering into an excessive number of written
17    collaborative agreements with licensed advanced practice
18    registered nurses resulting in an inability to adequately
19    collaborate.
20        (43) Repeated failure to adequately collaborate with a
21    licensed advanced practice registered nurse.
22        (44) Violating the Compassionate Use of Medical
23    Cannabis Program Act.
24        (45) Entering into an excessive number of written
25    collaborative agreements with licensed prescribing
26    psychologists resulting in an inability to adequately

 

 

HB1893- 93 -LRB102 15297 LNS 20652 b

1    collaborate.
2        (46) Repeated failure to adequately collaborate with a
3    licensed prescribing psychologist.
4        (47) Willfully failing to report an instance of
5    suspected abuse, neglect, financial exploitation, or
6    self-neglect of an eligible adult as defined in and
7    required by the Adult Protective Services Act.
8        (48) Being named as an abuser in a verified report by
9    the Department on Aging under the Adult Protective
10    Services Act, and upon proof by clear and convincing
11    evidence that the licensee abused, neglected, or
12    financially exploited an eligible adult as defined in the
13    Adult Protective Services Act.
14        (49) Entering into an excessive number of written
15    collaborative agreements with licensed physician
16    assistants resulting in an inability to adequately
17    collaborate.
18        (50) Repeated failure to adequately collaborate with a
19    physician assistant.
20    Except for actions involving the ground numbered (26), all
21proceedings to suspend, revoke, place on probationary status,
22or take any other disciplinary action as the Department may
23deem proper, with regard to a license on any of the foregoing
24grounds, must be commenced within 5 years next after receipt
25by the Department of a complaint alleging the commission of or
26notice of the conviction order for any of the acts described

 

 

HB1893- 94 -LRB102 15297 LNS 20652 b

1herein. Except for the grounds numbered (8), (9), (26), and
2(29), no action shall be commenced more than 10 years after the
3date of the incident or act alleged to have violated this
4Section. For actions involving the ground numbered (26), a
5pattern of practice or other behavior includes all incidents
6alleged to be part of the pattern of practice or other behavior
7that occurred, or a report pursuant to Section 23 of this Act
8received, within the 10-year period preceding the filing of
9the complaint. In the event of the settlement of any claim or
10cause of action in favor of the claimant or the reduction to
11final judgment of any civil action in favor of the plaintiff,
12such claim, cause of action, or civil action being grounded on
13the allegation that a person licensed under this Act was
14negligent in providing care, the Department shall have an
15additional period of 2 years from the date of notification to
16the Department under Section 23 of this Act of such settlement
17or final judgment in which to investigate and commence formal
18disciplinary proceedings under Section 36 of this Act, except
19as otherwise provided by law. The time during which the holder
20of the license was outside the State of Illinois shall not be
21included within any period of time limiting the commencement
22of disciplinary action by the Department.
23    The entry of an order or judgment by any circuit court
24establishing that any person holding a license under this Act
25is a person in need of mental treatment operates as a
26suspension of that license. That person may resume his or her

 

 

HB1893- 95 -LRB102 15297 LNS 20652 b

1their practice only upon the entry of a Departmental order
2based upon a finding by the Disciplinary Board that the person
3has they have been determined to be recovered from mental
4illness by the court and upon the Disciplinary Board's
5recommendation that the person they be permitted to resume his
6or her their practice.
7    The Department may refuse to issue or take disciplinary
8action concerning the license of any person who fails to file a
9return, or to pay the tax, penalty, or interest shown in a
10filed return, or to pay any final assessment of tax, penalty,
11or interest, as required by any tax Act administered by the
12Illinois Department of Revenue, until such time as the
13requirements of any such tax Act are satisfied as determined
14by the Illinois Department of Revenue.
15    The Department, upon the recommendation of the
16Disciplinary Board, shall adopt rules which set forth
17standards to be used in determining:
18        (a) when a person will be deemed sufficiently
19    rehabilitated to warrant the public trust;
20        (b) what constitutes dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public;
23        (c) what constitutes immoral conduct in the commission
24    of any act, including, but not limited to, commission of
25    an act of sexual misconduct related to the licensee's
26    practice; and

 

 

HB1893- 96 -LRB102 15297 LNS 20652 b

1        (d) what constitutes gross negligence in the practice
2    of medicine.
3    However, no such rule shall be admissible into evidence in
4any civil action except for review of a licensing or other
5disciplinary action under this Act.
6    In enforcing this Section, the Disciplinary Board or the
7Licensing Board, upon a showing of a possible violation, may
8compel, in the case of the Disciplinary Board, any individual
9who is licensed to practice under this Act or holds a permit to
10practice under this Act, or, in the case of the Licensing
11Board, any individual who has applied for licensure or a
12permit pursuant to this Act, to submit to a mental or physical
13examination and evaluation, or both, which may include a
14substance abuse or sexual offender evaluation, as required by
15the Licensing Board or Disciplinary Board and at the expense
16of the Department. The Disciplinary Board or Licensing Board
17shall specifically designate the examining physician licensed
18to practice medicine in all of its branches or, if applicable,
19the multidisciplinary team involved in providing the mental or
20physical examination and evaluation, or both. The
21multidisciplinary team shall be led by a physician licensed to
22practice medicine in all of its branches and may consist of one
23or more or a combination of physicians licensed to practice
24medicine in all of its branches, licensed chiropractic
25physicians, licensed clinical psychologists, licensed clinical
26social workers, licensed clinical professional counselors, and

 

 

HB1893- 97 -LRB102 15297 LNS 20652 b

1other professional and administrative staff. Any examining
2physician or member of the multidisciplinary team may require
3any person ordered to submit to an examination and evaluation
4pursuant to this Section to submit to any additional
5supplemental testing deemed necessary to complete any
6examination or evaluation process, including, but not limited
7to, blood testing, urinalysis, psychological testing, or
8neuropsychological testing. The Disciplinary Board, the
9Licensing Board, or the Department may order the examining
10physician or any member of the multidisciplinary team to
11provide to the Department, the Disciplinary Board, or the
12Licensing Board any and all records, including business
13records, that relate to the examination and evaluation,
14including any supplemental testing performed. The Disciplinary
15Board, the Licensing Board, or the Department may order the
16examining physician or any member of the multidisciplinary
17team to present testimony concerning this examination and
18evaluation of the licensee, permit holder, or applicant,
19including testimony concerning any supplemental testing or
20documents relating to the examination and evaluation. No
21information, report, record, or other documents in any way
22related to the examination and evaluation shall be excluded by
23reason of any common law or statutory privilege relating to
24communication between the licensee, permit holder, or
25applicant and the examining physician or any member of the
26multidisciplinary team. No authorization is necessary from the

 

 

HB1893- 98 -LRB102 15297 LNS 20652 b

1licensee, permit holder, or applicant ordered to undergo an
2evaluation and examination for the examining physician or any
3member of the multidisciplinary team to provide information,
4reports, records, or other documents or to provide any
5testimony regarding the examination and evaluation. The
6individual to be examined may have, at his or her own expense,
7another physician of his or her choice present during all
8aspects of the examination. Failure of any individual to
9submit to mental or physical examination and evaluation, or
10both, when directed, shall result in an automatic suspension,
11without hearing, until such time as the individual submits to
12the examination. If the Disciplinary Board or Licensing Board
13finds a physician unable to practice following an examination
14and evaluation because of the reasons set forth in this
15Section, the Disciplinary Board or Licensing Board shall
16require such physician to submit to care, counseling, or
17treatment by physicians, or other health care professionals,
18approved or designated by the Disciplinary Board, as a
19condition for issued, continued, reinstated, or renewed
20licensure to practice. Any physician, whose license was
21granted pursuant to Sections 9, 17, or 19 of this Act, or,
22continued, reinstated, renewed, disciplined or supervised,
23subject to such terms, conditions, or restrictions who shall
24fail to comply with such terms, conditions, or restrictions,
25or to complete a required program of care, counseling, or
26treatment, as determined by the Chief Medical Coordinator or

 

 

HB1893- 99 -LRB102 15297 LNS 20652 b

1Deputy Medical Coordinators, shall be referred to the
2Secretary for a determination as to whether the licensee shall
3have his or her their license suspended immediately, pending a
4hearing by the Disciplinary Board. In instances in which the
5Secretary immediately suspends a license under this Section, a
6hearing upon such person's license must be convened by the
7Disciplinary Board within 15 days after such suspension and
8completed without appreciable delay. The Disciplinary Board
9shall have the authority to review the subject physician's
10record of treatment and counseling regarding the impairment,
11to the extent permitted by applicable federal statutes and
12regulations safeguarding the confidentiality of medical
13records.
14    An individual licensed under this Act, affected under this
15Section, shall be afforded an opportunity to demonstrate to
16the Disciplinary Board that he or she they can resume practice
17in compliance with acceptable and prevailing standards under
18the provisions of his or her their license.
19    The Department may promulgate rules for the imposition of
20fines in disciplinary cases, not to exceed $10,000 for each
21violation of this Act. Fines may be imposed in conjunction
22with other forms of disciplinary action, but shall not be the
23exclusive disposition of any disciplinary action arising out
24of conduct resulting in death or injury to a patient. Any funds
25collected from such fines shall be deposited in the Illinois
26State Medical Disciplinary Fund.

 

 

HB1893- 100 -LRB102 15297 LNS 20652 b

1    All fines imposed under this Section shall be paid within
260 days after the effective date of the order imposing the fine
3or in accordance with the terms set forth in the order imposing
4the fine.
5    (B) The Department shall revoke the license or permit
6issued under this Act to practice medicine or a chiropractic
7physician who has been convicted a second time of committing
8any felony under the Illinois Controlled Substances Act or the
9Methamphetamine Control and Community Protection Act, or who
10has been convicted a second time of committing a Class 1 felony
11under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
12person whose license or permit is revoked under this
13subsection B shall be prohibited from practicing medicine or
14treating human ailments without the use of drugs and without
15operative surgery.
16    (C) The Department shall not revoke, suspend, place on
17probation, reprimand, refuse to issue or renew, or take any
18other disciplinary or non-disciplinary action against the
19license or permit issued under this Act to practice medicine
20to a physician:
21        (1) based solely upon the recommendation of the
22    physician to an eligible patient regarding, or
23    prescription for, or treatment with, an investigational
24    drug, biological product, or device; or
25        (2) for experimental treatment for Lyme disease or
26    other tick-borne diseases, including, but not limited to,

 

 

HB1893- 101 -LRB102 15297 LNS 20652 b

1    the prescription of or treatment with long-term
2    antibiotics.
3    (D) The Disciplinary Board shall recommend to the
4Department civil penalties and any other appropriate
5discipline in disciplinary cases when the Board finds that a
6physician willfully performed an abortion with actual
7knowledge that the person upon whom the abortion has been
8performed is a minor or an incompetent person without notice
9as required under the Parental Notice of Abortion Act of 1995.
10Upon the Board's recommendation, the Department shall impose,
11for the first violation, a civil penalty of $1,000 and for a
12second or subsequent violation, a civil penalty of $5,000.
13(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
14100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
151-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
16eff. 8-9-19; revised 9-20-19.)
 
17    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 36. Investigation; notice.
20    (a) Upon the motion of either the Department or the
21Disciplinary Board or upon the verified complaint in writing
22of any person setting forth facts which, if proven, would
23constitute grounds for suspension or revocation under Section
2422 of this Act, the Department shall investigate the actions
25of any person, so accused, who holds or represents that he or

 

 

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1she holds a license. Such person is hereinafter called the
2accused.
3    (b) The Department shall, before suspending, revoking,
4placing on probationary status, or taking any other
5disciplinary action as the Department may deem proper with
6regard to any license at least 30 days prior to the date set
7for the hearing, notify the accused in writing of any charges
8made and the time and place for a hearing of the charges before
9the Disciplinary Board, direct him or her to file his or her
10written answer thereto to the Disciplinary Board under oath
11within 20 days after the service on him or her of such notice
12and inform him or her that if he or she fails to file such
13answer default will be taken against him or her and his or her
14license may be suspended, revoked, placed on probationary
15status, or have other disciplinary action, including limiting
16the scope, nature or extent of his or her practice, as the
17Department may deem proper taken with regard thereto. The
18Department shall, at least 14 days prior to the date set for
19the hearing, notify in writing any person who filed a
20complaint against the accused of the time and place for the
21hearing of the charges against the accused before the
22Disciplinary Board and inform such person whether he or she
23may provide testimony at the hearing.
24    (c) (Blank). Where a physician has been found, upon
25complaint and investigation of the Department, and after
26hearing, to have performed an abortion procedure in a wilful

 

 

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1and wanton manner upon a woman who was not pregnant at the time
2such abortion procedure was performed, the Department shall
3automatically revoke the license of such physician to practice
4medicine in Illinois.
5    (d) Such written notice and any notice in such proceedings
6thereafter may be served by personal delivery, email to the
7respondent's email address of record, or mail to the
8respondent's address of record.
9    (e) All information gathered by the Department during its
10investigation including information subpoenaed under Section
1123 or 38 of this Act and the investigative file shall be kept
12for the confidential use of the Secretary, Disciplinary Board,
13the Medical Coordinators, persons employed by contract to
14advise the Medical Coordinator or the Department, the
15Disciplinary Board's attorneys, the medical investigative
16staff, and authorized clerical staff, as provided in this Act
17and shall be afforded the same status as is provided
18information concerning medical studies in Part 21 of Article
19VIII of the Code of Civil Procedure, except that the
20Department may disclose information and documents to a
21federal, State, or local law enforcement agency pursuant to a
22subpoena in an ongoing criminal investigation to a health care
23licensing body of this State or another state or jurisdiction
24pursuant to an official request made by that licensing body.
25Furthermore, information and documents disclosed to a federal,
26State, or local law enforcement agency may be used by that

 

 

HB1893- 104 -LRB102 15297 LNS 20652 b

1agency only for the investigation and prosecution of a
2criminal offense or, in the case of disclosure to a health care
3licensing body, only for investigations and disciplinary
4action proceedings with regard to a license issued by that
5licensing body.
6(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
7revised 9-20-19.)
 
8    Section 650. The Nurse Practice Act is amended by changing
9Section 65-35 and 65-43 as follows:
 
10    (225 ILCS 65/65-35)   (was 225 ILCS 65/15-15)
11    (Section scheduled to be repealed on January 1, 2028)
12    Sec. 65-35. Written collaborative agreements.
13    (a) A written collaborative agreement is required for all
14advanced practice registered nurses engaged in clinical
15practice prior to meeting the requirements of Section 65-43,
16except for advanced practice registered nurses who are
17privileged to practice in a hospital, hospital affiliate, or
18ambulatory surgical treatment center.
19    (a-5) If an advanced practice registered nurse engages in
20clinical practice outside of a hospital, hospital affiliate,
21or ambulatory surgical treatment center in which he or she is
22privileged to practice, the advanced practice registered nurse
23must have a written collaborative agreement, except as set
24forth in Section 65-43.

 

 

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1    (b) A written collaborative agreement shall describe the
2relationship of the advanced practice registered nurse with
3the collaborating physician and shall describe the categories
4of care, treatment, or procedures to be provided by the
5advanced practice registered nurse. A collaborative agreement
6with a podiatric physician must be in accordance with
7subsection (c-5) or (c-15) of this Section. A collaborative
8agreement with a dentist must be in accordance with subsection
9(c-10) of this Section. A collaborative agreement with a
10podiatric physician must be in accordance with subsection
11(c-5) of this Section. Collaboration does not require an
12employment relationship between the collaborating physician
13and the advanced practice registered nurse.
14    The collaborative relationship under an agreement shall
15not be construed to require the personal presence of a
16collaborating physician at the place where services are
17rendered. Methods of communication shall be available for
18consultation with the collaborating physician in person or by
19telecommunications or electronic communications as set forth
20in the written agreement.
21    (b-5) Absent an employment relationship, a written
22collaborative agreement may not (1) restrict the categories of
23patients of an advanced practice registered nurse within the
24scope of the advanced practice registered nurses training and
25experience, (2) limit third party payors or government health
26programs, such as the medical assistance program or Medicare

 

 

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1with which the advanced practice registered nurse contracts,
2or (3) limit the geographic area or practice location of the
3advanced practice registered nurse in this State.
4    (c) In the case of anesthesia services provided by a
5certified registered nurse anesthetist, an anesthesiologist, a
6physician, a dentist, or a podiatric physician must
7participate through discussion of and agreement with the
8anesthesia plan and remain physically present and available on
9the premises during the delivery of anesthesia services for
10diagnosis, consultation, and treatment of emergency medical
11conditions.
12    (c-5) A certified registered nurse anesthetist, who
13provides anesthesia services outside of a hospital or
14ambulatory surgical treatment center shall enter into a
15written collaborative agreement with an anesthesiologist or
16the physician licensed to practice medicine in all its
17branches or the podiatric physician performing the procedure.
18Outside of a hospital or ambulatory surgical treatment center,
19the certified registered nurse anesthetist may provide only
20those services that the collaborating podiatric physician is
21authorized to provide pursuant to the Podiatric Medical
22Practice Act of 1987 and rules adopted thereunder. A certified
23registered nurse anesthetist may select, order, and administer
24medication, including controlled substances, and apply
25appropriate medical devices for delivery of anesthesia
26services under the anesthesia plan agreed with by the

 

 

HB1893- 107 -LRB102 15297 LNS 20652 b

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

 

 

HB1893- 108 -LRB102 15297 LNS 20652 b

1operating dentist.
2    (c-15) An advanced practice registered nurse who had a
3written collaborative agreement with a podiatric physician
4immediately before the effective date of Public Act 100-513
5may continue in that collaborative relationship or enter into
6a new written collaborative relationship with a podiatric
7physician under the requirements of this Section and Section
865-40, as those Sections existed immediately before the
9amendment of those Sections by Public Act 100-513 with regard
10to a written collaborative agreement between an advanced
11practice registered nurse and a podiatric physician.
12    (d) A copy of the signed, written collaborative agreement
13must be available to the Department upon request from both the
14advanced practice registered nurse and the collaborating
15physician, dentist, or podiatric physician.
16    (e) Nothing in this Act shall be construed to limit the
17delegation of tasks or duties by a physician to a licensed
18practical nurse, a registered professional nurse, or other
19persons in accordance with Section 54.2 of the Medical
20Practice Act of 1987. Nothing in this Act shall be construed to
21limit the method of delegation that may be authorized by any
22means, including, but not limited to, oral, written,
23electronic, standing orders, protocols, guidelines, or verbal
24orders.
25    (e-5) Nothing in this Act shall be construed to authorize
26an advanced practice registered nurse to provide health care

 

 

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1services required by law or rule to be performed by a
2physician, including those acts to be performed by a physician
3in Section 3.1 of the Illinois Abortion Law of 2021. The scope
4of practice of an advanced practice registered nurse does not
5include operative surgery. Nothing in this Section shall be
6construed to preclude an advanced practice registered nurse
7from assisting in surgery.
8    (f) An advanced practice registered nurse shall inform
9each collaborating physician, dentist, or podiatric physician
10of all collaborative agreements he or she has signed and
11provide a copy of these to any collaborating physician,
12dentist, or podiatric physician upon request.
13    (g) (Blank).
14(Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18;
15100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
 
16    (225 ILCS 65/65-43)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 65-43. Full practice authority.
19    (a) An Illinois-licensed advanced practice registered
20nurse certified as a nurse practitioner, nurse midwife, or
21clinical nurse specialist shall be deemed by law to possess
22the ability to practice without a written collaborative
23agreement as set forth in this Section.
24    (b) An advanced practice registered nurse certified as a
25nurse midwife, clinical nurse specialist, or nurse

 

 

HB1893- 110 -LRB102 15297 LNS 20652 b

1practitioner who files with the Department a notarized
2attestation of completion of at least 250 hours of continuing
3education or training and at least 4,000 hours of clinical
4experience after first attaining national certification shall
5not require a written collaborative agreement, except as
6specified in subsection (c). Documentation of successful
7completion shall be provided to the Department upon request.
8    Continuing education or training hours required by
9subsection (b) shall be in the advanced practice registered
10nurse's area of certification as set forth by Department rule.
11    The clinical experience must be in the advanced practice
12registered nurse's area of certification. The clinical
13experience shall be in collaboration with a physician or
14physicians. Completion of the clinical experience must be
15attested to by the collaborating physician or physicians and
16the advanced practice registered nurse.
17    (c) The scope of practice of an advanced practice
18registered nurse with full practice authority includes:
19        (1) all matters included in subsection (c) of Section
20    65-30 of this Act;
21        (2) practicing without a written collaborative
22    agreement in all practice settings consistent with
23    national certification;
24        (3) authority to prescribe both legend drugs and
25    Schedule II through V controlled substances; this
26    authority includes prescription of, selection of, orders

 

 

HB1893- 111 -LRB102 15297 LNS 20652 b

1    for, administration of, storage of, acceptance of samples
2    of, and dispensing over the counter medications, legend
3    drugs, and controlled substances categorized as any
4    Schedule II through V controlled substances, as defined in
5    Article II of the Illinois Controlled Substances Act, and
6    other preparations, including, but not limited to,
7    botanical and herbal remedies;
8        (4) prescribing benzodiazepines or Schedule II
9    narcotic drugs, such as opioids, only in a consultation
10    relationship with a physician; this consultation
11    relationship shall be recorded in the Prescription
12    Monitoring Program website, pursuant to Section 316 of the
13    Illinois Controlled Substances Act, by the physician and
14    advanced practice registered nurse with full practice
15    authority and is not required to be filed with the
16    Department; the specific Schedule II narcotic drug must be
17    identified by either brand name or generic name; the
18    specific Schedule II narcotic drug, such as an opioid, may
19    be administered by oral dosage or topical or transdermal
20    application; delivery by injection or other route of
21    administration is not permitted; at least monthly, the
22    advanced practice registered nurse and the physician must
23    discuss the condition of any patients for whom a
24    benzodiazepine or opioid is prescribed; nothing in this
25    subsection shall be construed to require a prescription by
26    an advanced practice registered nurse with full practice

 

 

HB1893- 112 -LRB102 15297 LNS 20652 b

1    authority to require a physician name;
2        (5) authority to obtain an Illinois controlled
3    substance license and a federal Drug Enforcement
4    Administration number; and
5        (6) use of only local anesthetic.
6    The scope of practice of an advanced practice registered
7nurse does not include operative surgery. Nothing in this
8Section shall be construed to preclude an advanced practice
9registered nurse from assisting in surgery.
10    (d) The Department may adopt rules necessary to administer
11this Section, including, but not limited to, requiring the
12completion of forms and the payment of fees.
13    (e) Nothing in this Act shall be construed to authorize an
14advanced practice registered nurse with full practice
15authority to provide health care services required by law or
16rule to be performed by a physician, including, but not
17limited to, those acts to be performed by a physician in
18Section 3.1 of the Illinois Abortion Law of 2021.
19(Source: P.A. 100-513, eff. 1-1-18; 101-13, eff. 6-12-19.)
 
20    Section 653. The Physician Assistant Practice Act of 1987
21is amended by changing Section 7.5 as follows:
 
22    (225 ILCS 95/7.5)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 7.5. Written collaborative agreements; prescriptive

 

 

HB1893- 113 -LRB102 15297 LNS 20652 b

1authority.
2    (a) A written collaborative agreement is required for all
3physician assistants to practice in the State, except as
4provided in Section 7.7 of this Act.
5        (1) A written collaborative agreement shall describe
6    the working relationship of the physician assistant with
7    the collaborating physician and shall describe the
8    categories of care, treatment, or procedures to be
9    provided by the physician assistant. The written
10    collaborative agreement shall promote the exercise of
11    professional judgment by the physician assistant
12    commensurate with his or her education and experience. The
13    services to be provided by the physician assistant shall
14    be services that the collaborating physician is authorized
15    to and generally provides to his or her patients in the
16    normal course of his or her clinical medical practice. The
17    written collaborative agreement need not describe the
18    exact steps that a physician assistant must take with
19    respect to each specific condition, disease, or symptom
20    but must specify which authorized procedures require the
21    presence of the collaborating physician as the procedures
22    are being performed. The relationship under a written
23    collaborative agreement shall not be construed to require
24    the personal presence of a physician at the place where
25    services are rendered. Methods of communication shall be
26    available for consultation with the collaborating

 

 

HB1893- 114 -LRB102 15297 LNS 20652 b

1    physician in person or by telecommunications or electronic
2    communications as set forth in the written collaborative
3    agreement. For the purposes of this Act, "generally
4    provides to his or her patients in the normal course of his
5    or her clinical medical practice" means services, not
6    specific tasks or duties, the collaborating physician
7    routinely provides individually or through delegation to
8    other persons so that the physician has the experience and
9    ability to collaborate and provide consultation.
10        (2) The written collaborative agreement shall be
11    adequate if a physician does each of the following:
12            (A) Participates in the joint formulation and
13        joint approval of orders or guidelines with the
14        physician assistant and he or she periodically reviews
15        such orders and the services provided patients under
16        such orders in accordance with accepted standards of
17        medical practice and physician assistant practice.
18            (B) Provides consultation at least once a month.
19        (3) A copy of the signed, written collaborative
20    agreement must be available to the Department upon request
21    from both the physician assistant and the collaborating
22    physician.
23        (4) A physician assistant shall inform each
24    collaborating physician of all written collaborative
25    agreements he or she has signed and provide a copy of these
26    to any collaborating physician upon request.

 

 

HB1893- 115 -LRB102 15297 LNS 20652 b

1    (b) A collaborating physician may, but is not required to,
2delegate prescriptive authority to a physician assistant as
3part of a written collaborative agreement. This authority may,
4but is not required to, include prescription of, selection of,
5orders for, administration of, storage of, acceptance of
6samples of, and dispensing medical devices, over the counter
7medications, legend drugs, medical gases, and controlled
8substances categorized as Schedule II through V controlled
9substances, as defined in Article II of the Illinois
10Controlled Substances Act, and other preparations, including,
11but not limited to, botanical and herbal remedies. The
12collaborating physician must have a valid, current Illinois
13controlled substance license and federal registration with the
14Drug Enforcement Administration Agency to delegate the
15authority to prescribe controlled substances.
16        (1) To prescribe Schedule II, III, IV, or V controlled
17    substances under this Section, a physician assistant must
18    obtain a mid-level practitioner controlled substances
19    license. Medication orders issued by a physician assistant
20    shall be reviewed periodically by the collaborating
21    physician.
22        (2) The collaborating physician shall file with the
23    Department notice of delegation of prescriptive authority
24    to a physician assistant and termination of delegation,
25    specifying the authority delegated or terminated. Upon
26    receipt of this notice delegating authority to prescribe

 

 

HB1893- 116 -LRB102 15297 LNS 20652 b

1    controlled substances, the physician assistant shall be
2    eligible to register for a mid-level practitioner
3    controlled substances license under Section 303.05 of the
4    Illinois Controlled Substances Act. Nothing in this Act
5    shall be construed to limit the delegation of tasks or
6    duties by the collaborating physician to a nurse or other
7    appropriately trained persons in accordance with Section
8    54.2 of the Medical Practice Act of 1987.
9        (3) In addition to the requirements of this subsection
10    (b), a collaborating physician may, but is not required
11    to, delegate authority to a physician assistant to
12    prescribe Schedule II controlled substances, if all of the
13    following conditions apply:
14            (A) Specific Schedule II controlled substances by
15        oral dosage or topical or transdermal application may
16        be delegated, provided that the delegated Schedule II
17        controlled substances are routinely prescribed by the
18        collaborating physician. This delegation must identify
19        the specific Schedule II controlled substances by
20        either brand name or generic name. Schedule II
21        controlled substances to be delivered by injection or
22        other route of administration may not be delegated.
23            (B) (Blank).
24            (C) Any prescription must be limited to no more
25        than a 30-day supply, with any continuation authorized
26        only after prior approval of the collaborating

 

 

HB1893- 117 -LRB102 15297 LNS 20652 b

1        physician.
2            (D) The physician assistant must discuss the
3        condition of any patients for whom a controlled
4        substance is prescribed monthly with the collaborating
5        physician.
6            (E) The physician assistant meets the education
7        requirements of Section 303.05 of the Illinois
8        Controlled Substances Act.
9    (c) Nothing in this Act shall be construed to limit the
10delegation of tasks or duties by a physician to a licensed
11practical nurse, a registered professional nurse, or other
12persons. Nothing in this Act shall be construed to limit the
13method of delegation that may be authorized by any means,
14including, but not limited to, oral, written, electronic,
15standing orders, protocols, guidelines, or verbal orders.
16Nothing in this Act shall be construed to authorize a
17physician assistant to provide health care services required
18by law or rule to be performed by a physician. Nothing in this
19Act shall be construed to authorize the delegation or
20performance of operative surgery. Nothing in this Section
21shall be construed to preclude a physician assistant from
22assisting in surgery.
23    (c-5) Nothing in this Section shall be construed to apply
24to any medication authority, including Schedule II controlled
25substances of a licensed physician assistant for care provided
26in a hospital, hospital affiliate, or ambulatory surgical

 

 

HB1893- 118 -LRB102 15297 LNS 20652 b

1treatment center pursuant to Section 7.7 of this Act.
2    (d) (Blank).
3    (e) Nothing in this Section shall be construed to prohibit
4generic substitution.
5(Source: P.A. 100-453, eff. 8-25-17; 101-13, eff. 6-12-19;
6revised 8-24-20.)
 
7    Section 655. The Vital Records Act is amended by changing
8Section 1 as follows:
 
9    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)
10    Sec. 1. As used in this Act, unless the context otherwise
11requires:
12    (1) "Vital records" means records of births, deaths, fetal
13deaths, marriages, dissolution of marriages, and data related
14thereto.
15    (2) "System of vital records" includes the registration,
16collection, preservation, amendment, and certification of
17vital records, and activities related thereto.
18    (3) "Filing" means the presentation of a certificate,
19report, or other record provided for in this Act, of a birth,
20death, fetal death, adoption, marriage, or dissolution of
21marriage, for registration by the Office of Vital Records.
22    (4) "Registration" means the acceptance by the Office of
23Vital Records and the incorporation in its official records of
24certificates, reports, or other records provided for in this

 

 

HB1893- 119 -LRB102 15297 LNS 20652 b

1Act, of births, deaths, fetal deaths, adoptions, marriages, or
2dissolution of marriages.
3    (5) "Live birth" means the complete expulsion or
4extraction from its mother of a product of human conception,
5irrespective of the duration of pregnancy, which after such
6separation breathes or shows any other evidence of life such
7as beating of the heart, pulsation of the umbilical cord, or
8definite movement of voluntary muscles, whether or not the
9umbilical cord has been cut or the placenta is attached.
10    (6) "Fetal death" means death prior to the complete
11expulsion or extraction from the uterus its mother of a
12product of human conception, irrespective of the duration of
13pregnancy, and which is not due to an abortion as defined in
14Section 1-10 of the Reproductive Health Act. ; The the death is
15indicated by the fact that after such separation the fetus
16does not breathe or show any other evidence of life such as
17beating of the heart, pulsation of the umbilical cord, or
18definite movement of voluntary muscles.
19    (7) "Dead body" means a lifeless human body or parts of
20such body or bones thereof from the state of which it may
21reasonably be concluded that death has occurred.
22    (8) "Final disposition" means the burial, cremation, or
23other disposition of a dead human body or fetus or parts
24thereof.
25    (9) "Physician" means a person licensed to practice
26medicine in Illinois or any other state.

 

 

HB1893- 120 -LRB102 15297 LNS 20652 b

1    (10) "Institution" means any establishment, public or
2private, which provides in-patient medical, surgical, or
3diagnostic care or treatment, or nursing, custodial, or
4domiciliary care to 2 or more unrelated individuals, or to
5which persons are committed by law.
6    (11) "Department" means the Department of Public Health of
7the State of Illinois.
8    (12) "Director" means the Director of the Illinois
9Department of Public Health.
10    (13) "Licensed health care professional" means a person
11licensed to practice as a physician, advanced practice
12registered nurse, or physician assistant in Illinois or any
13other state.
14    (14) "Licensed mental health professional" means a person
15who is licensed or registered to provide mental health
16services by the Department of Financial and Professional
17Regulation or a board of registration duly authorized to
18register or grant licenses to persons engaged in the practice
19of providing mental health services in Illinois or any other
20state.
21    (15) "Intersex condition" means a condition in which a
22person is born with a reproductive or sexual anatomy or
23chromosome pattern that does not fit typical definitions of
24male or female.
25    (16) "Homeless person" means an individual who meets the
26definition of "homeless" under Section 103 of the federal

 

 

HB1893- 121 -LRB102 15297 LNS 20652 b

1McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
2individual residing in any of the living situations described
3in 42 U.S.C. 11434a(2).
4(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
5100-863, eff. 8-14-18; 101-13, eff. 6-12-19.)
 
6    Section 660. The Environmental Protection Act is amended
7by changing Section 56.1 as follows:
 
8    (415 ILCS 5/56.1)  (from Ch. 111 1/2, par. 1056.1)
9    Sec. 56.1. Acts prohibited.
10    (A) No person shall:
11        (a) Cause or allow the disposal of any potentially
12    infectious medical waste. Sharps may be disposed in any
13    landfill permitted by the Agency under Section 21 of this
14    Act to accept municipal waste for disposal, if both:
15            (1) the infectious potential has been eliminated
16        from the sharps by treatment; and
17            (2) the sharps are packaged in accordance with
18        Board regulations.
19        (b) Cause or allow the delivery of any potentially
20    infectious medical waste for transport, storage,
21    treatment, or transfer except in accordance with Board
22    regulations.
23        (c) Beginning July 1, 1992, cause or allow the
24    delivery of any potentially infectious medical waste to a

 

 

HB1893- 122 -LRB102 15297 LNS 20652 b

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

 

 

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

 

 

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1            only potentially infectious medical waste
2            generated by its own activities or by members of
3            its medical staff.
4                (C) Sharps collection station that is operated
5            in accordance with Section 56.7.
6            (2) in violation of any condition of any permit
7        issued by the Agency under this Act.
8            (3) in violation of any regulation adopted by the
9        Board.
10            (4) In violation of any order adopted by the Board
11        under this Act.
12        (h) Transport potentially infectious medical waste
13    unless the transporter carries a completed potentially
14    infectious medical waste manifest. No manifest is required
15    for the transportation of:
16            (1) potentially infectious medical waste being
17        transported by generators who generated the waste by
18        their own activities, when the potentially infectious
19        medical waste is transported within or between sites
20        or facilities owned, controlled, or operated by that
21        person;
22            (2) less than 50 pounds of potentially infectious
23        medical waste at any one time for a noncommercial
24        transportation activity; or
25            (3) potentially infectious medical waste by the
26        U.S. Postal Service.

 

 

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1        (i) Offer for transportation, transport, deliver,
2    receive or accept potentially infectious medical waste for
3    which a manifest is required, unless the manifest
4    indicates that the fee required under Section 56.4 of this
5    Act has been paid.
6        (j) Beginning January 1, 1994, conduct a potentially
7    infectious medical waste treatment operation at an
8    incinerator in existence on the effective date of this
9    Title in violation of emission standards established for
10    these incinerators under Section 129 of the Clean Air Act
11    (42 USC 7429), as amended.
12        (k) Beginning July 1, 2015, knowingly mix household
13    sharps, including, but not limited to, hypodermic,
14    intravenous, or other medical needles or syringes or other
15    medical household waste containing used or unused sharps,
16    including, but not limited to, hypodermic, intravenous, or
17    other medical needles or syringes or other sharps, with
18    any other material intended for collection as a recyclable
19    material by a residential hauler.
20        (l) Beginning on July 1, 2015, knowingly place
21    household sharps into a container intended for collection
22    by a residential hauler for processing at a recycling
23    center.
24    (B) In making its orders and determinations relative to
25penalties, if any, to be imposed for violating subdivision
26(A)(a) of this Section, the Board, in addition to the factors

 

 

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1in Sections 33(c) and 42(h) of this Act, or the Court shall
2take into consideration whether the owner or operator of the
3landfill reasonably relied on written statements from the
4person generating or treating the waste that the waste is not
5potentially infectious medical waste.
6    (C) Notwithstanding subsection (A) or any other provision
7of law, including the Vital Records Act, tissue and products
8from an abortion, as defined in Section 1-10 of the
9Reproductive Health Act, or a miscarriage may be buried,
10entombed, or cremated.
11(Source: P.A. 101-13, eff. 6-12-19.)
 
12    Section 665. The Criminal Code of 2012 is amended by
13changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:
 
14    (720 ILCS 5/9-1.2)  (from Ch. 38, par. 9-1.2)
15    Sec. 9-1.2. Intentional Homicide of an Unborn Child.
16    (a) A person commits the offense of intentional homicide
17of an unborn child if, in performing acts which cause the death
18of an unborn child, he without lawful justification:
19        (1) either intended to cause the death of or do great
20    bodily harm to the pregnant individual woman or her unborn
21    child or knew that such acts would cause death or great
22    bodily harm to the pregnant individual woman or her unborn
23    child; or
24        (2) knew that his acts created a strong probability of

 

 

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1    death or great bodily harm to the pregnant individual
2    woman or her unborn child; and
3        (3) knew that the individual woman was pregnant.
4    (b) For purposes of this Section, (1) "unborn child" shall
5mean any individual of the human species from the implantation
6of an embryo fertilization until birth, and (2) "person" shall
7not include the pregnant woman whose unborn child is killed.
8    (c) This Section shall not apply to acts which cause the
9death of an unborn child if those acts were committed during
10any abortion, as defined in Section 1-10 of the Reproductive
11Health Act, Section 2 of the Illinois Abortion Law of 2021, as
12amended, to which the pregnant individual woman has consented.
13This Section shall not apply to acts which were committed
14pursuant to usual and customary standards of medical practice
15during diagnostic testing or therapeutic treatment.
16    (d) Penalty. The sentence for intentional homicide of an
17unborn child shall be the same as for first degree murder,
18except that:
19        (1) the death penalty may not be imposed;
20        (2) if the person committed the offense while armed
21    with a firearm, 15 years shall be added to the term of
22    imprisonment imposed by the court;
23        (3) if, during the commission of the offense, the
24    person personally discharged a firearm, 20 years shall be
25    added to the term of imprisonment imposed by the court;
26        (4) if, during the commission of the offense, the

 

 

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1    person personally discharged a firearm that proximately
2    caused great bodily harm, permanent disability, permanent
3    disfigurement, or death to another person, 25 years or up
4    to a term of natural life shall be added to the term of
5    imprisonment imposed by the court.
6    (e) The provisions of this Act shall not be construed to
7prohibit the prosecution of any person under any other
8provision of law.
9(Source: P.A. 101-13, eff. 6-12-19.)
 
10    (720 ILCS 5/9-2.1)  (from Ch. 38, par. 9-2.1)
11    Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
12A person who kills an unborn child without lawful
13justification commits voluntary manslaughter of an unborn
14child if at the time of the killing he is acting under a sudden
15and intense passion resulting from serious provocation by
16another whom the offender endeavors to kill, but he
17negligently or accidentally causes the death of the unborn
18child.
19    Serious provocation is conduct sufficient to excite an
20intense passion in a reasonable person.
21    (b) A person who intentionally or knowingly kills an
22unborn child commits voluntary manslaughter of an unborn child
23if at the time of the killing he believes the circumstances to
24be such that, if they existed, would justify or exonerate the
25killing under the principles stated in Article 7 of this Code,

 

 

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1but his belief is unreasonable.
2    (c) Sentence. Voluntary Manslaughter of an unborn child is
3a Class 1 felony.
4    (d) For purposes of this Section, (1) "unborn child" shall
5mean any individual of the human species from the implantation
6of an embryo fertilization until birth, and (2) "person" shall
7not include the pregnant individual woman whose unborn child
8is killed.
9    (e) This Section shall not apply to acts which cause the
10death of an unborn child if those acts were committed during
11any abortion, as defined in Section 1-10 of the Reproductive
12Health Act, Section 2 of the Illinois Abortion Law of 2021, as
13amended, to which the pregnant individual woman has consented.
14This Section shall not apply to acts which were committed
15pursuant to usual and customary standards of medical practice
16during diagnostic testing or therapeutic treatment.
17(Source: P.A. 101-13, eff. 6-12-19.)
 
18    (720 ILCS 5/9-3.2)  (from Ch. 38, par. 9-3.2)
19    Sec. 9-3.2. Involuntary manslaughter and reckless homicide
20of an unborn child.
21    (a) A person who unintentionally kills an unborn child
22without lawful justification commits involuntary manslaughter
23of an unborn child if his acts whether lawful or unlawful which
24cause the death are such as are likely to cause death or great
25bodily harm to some individual, and he performs them

 

 

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1recklessly, except in cases in which the cause of death
2consists of the driving of a motor vehicle, in which case the
3person commits reckless homicide of an unborn child.
4    (b) Sentence.
5        (1) Involuntary manslaughter of an unborn child is a
6    Class 3 felony.
7        (2) Reckless homicide of an unborn child is a Class 3
8    felony.
9    (c) For purposes of this Section, (1) "unborn child" shall
10mean any individual of the human species from fertilization
11the implantation of an embryo until birth, and (2) "person"
12shall not include the pregnant individual whose unborn child
13is killed.
14    (d) This Section shall not apply to acts which cause the
15death of an unborn child if those acts were committed during
16any abortion, as defined in Section 2 of the Illinois Abortion
17Law of 2021, as amended Section 1-10 of the Reproductive
18Health Act,, to which the pregnant woman individual has
19consented. This Section shall not apply to acts which were
20committed pursuant to usual and customary standards of medical
21practice during diagnostic testing or therapeutic treatment.
22    (e) The provisions of this Section shall not be construed
23to prohibit the prosecution of any person under any other
24provision of law, nor shall it be construed to preclude any
25civil cause of action.
26(Source: P.A. 101-13, eff. 6-12-19; revised 7-23-19.)
 

 

 

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1    (720 ILCS 5/12-3.1)  (from Ch. 38, par. 12-3.1)
2    Sec. 12-3.1. Battery of an unborn child; aggravated
3battery of an unborn child.
4    (a) A person commits battery of an unborn child if he or
5she knowingly without legal justification and by any means
6causes bodily harm to an unborn child.
7    (a-5) A person commits aggravated battery of an unborn
8child when, in committing a battery of an unborn child, he or
9she knowingly causes great bodily harm or permanent disability
10or disfigurement to an unborn child.
11    (b) For purposes of this Section, (1) "unborn child" shall
12mean any individual of the human species from the implantation
13of an embryo fertilization until birth, and (2) "person" shall
14not include the pregnant individual woman whose unborn child
15is harmed.
16    (c) Sentence. Battery of an unborn child is a Class A
17misdemeanor. Aggravated battery of an unborn child is a Class
182 felony.
19    (d) This Section shall not apply to acts which cause
20bodily harm to an unborn child if those acts were committed
21during any abortion, as defined in Section 1-10 of the
22Reproductive Health Act, Section 2 of the Illinois Abortion
23Law of 2021, as amended, to which the pregnant individual
24woman has consented. This Section shall not apply to acts
25which were committed pursuant to usual and customary standards

 

 

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1of medical practice during diagnostic testing or therapeutic
2treatment.
3(Source: P.A. 101-13, eff. 6-12-19.)
 
4    Section 670. The Code of Civil Procedure is amended by
5changing Section 8-802 as follows:
 
6    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
7    Sec. 8-802. Physician and patient. No physician or surgeon
8shall be permitted to disclose any information he or she may
9have acquired in attending any patient in a professional
10character, necessary to enable him or her professionally to
11serve the patient, except only (1) in trials for homicide when
12the disclosure relates directly to the fact or immediate
13circumstances of the homicide, (2) in actions, civil or
14criminal, against the physician for malpractice, (3) with the
15expressed consent of the patient, or in case of his or her
16death or disability, of his or her personal representative or
17other person authorized to sue for personal injury or of the
18beneficiary of an insurance policy on his or her life, health,
19or physical condition, or as authorized by Section 8-2001.5,
20(4) in all actions brought by or against the patient, his or
21her personal representative, a beneficiary under a policy of
22insurance, or the executor or administrator of his or her
23estate wherein the patient's physical or mental condition is
24an issue, (5) upon an issue as to the validity of a document as

 

 

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1a will of the patient, (6) (blank) in any criminal action where
2the charge is either first degree murder by abortion,
3attempted abortion or abortion, (7) in actions, civil or
4criminal, arising from the filing of a report in compliance
5with the Abused and Neglected Child Reporting Act, (8) to any
6department, agency, institution or facility which has custody
7of the patient pursuant to State statute or any court order of
8commitment, (9) in prosecutions where written results of blood
9alcohol tests are admissible pursuant to Section 11-501.4 of
10the Illinois Vehicle Code, (10) in prosecutions where written
11results of blood alcohol tests are admissible under Section
125-11a of the Boat Registration and Safety Act, (11) in
13criminal actions arising from the filing of a report of
14suspected terrorist offense in compliance with Section
1529D-10(p)(7) of the Criminal Code of 2012, (12) upon the
16issuance of a subpoena pursuant to Section 38 of the Medical
17Practice Act of 1987; the issuance of a subpoena pursuant to
18Section 25.1 of the Illinois Dental Practice Act; the issuance
19of a subpoena pursuant to Section 22 of the Nursing Home
20Administrators Licensing and Disciplinary Act; or the issuance
21of a subpoena pursuant to Section 25.5 of the Workers'
22Compensation Act, (13) upon the issuance of a grand jury
23subpoena pursuant to Article 112 of the Code of Criminal
24Procedure of 1963, or (14) to or through a health information
25exchange, as that term is defined in Section 2 of the Mental
26Health and Developmental Disabilities Confidentiality Act, in

 

 

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1accordance with State or federal law.
2    Upon disclosure under item (13) of this Section, in any
3criminal action where the charge is domestic battery,
4aggravated domestic battery, or an offense under Article 11 of
5the Criminal Code of 2012 or where the patient is under the age
6of 18 years or upon the request of the patient, the State's
7Attorney shall petition the court for a protective order
8pursuant to Supreme Court Rule 415.
9    In the event of a conflict between the application of this
10Section and the Mental Health and Developmental Disabilities
11Confidentiality Act to a specific situation, the provisions of
12the Mental Health and Developmental Disabilities
13Confidentiality Act shall control.
14(Source: P.A. 101-13, eff. 6-12-19.)
 
15    Section 673. The Health Care Right of Conscience Act is
16amended by changing Section 3 as follows:
 
17    (745 ILCS 70/3)  (from Ch. 111 1/2, par. 5303)
18    Sec. 3. Definitions. As used in this Act, unless the
19context clearly otherwise requires:
20        (a) "Health care" means any phase of patient care,
21    including but not limited to, testing; diagnosis;
22    prognosis; ancillary research; instructions; family
23    planning, counselling, referrals, or any other advice in
24    connection with the use or procurement of contraceptives

 

 

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

 

 

HB1893- 136 -LRB102 15297 LNS 20652 b

1    adherents to religious faiths;
2        (f) "Health care payer" means a health maintenance
3    organization, insurance company, management services
4    organization, or any other entity that pays for or
5    arranges for the payment of any health care or medical
6    care service, procedure, or product; and
7        (g) "Undue delay" means unreasonable delay that causes
8    impairment of the patient's health.
9    The above definitions include not only the traditional
10combinations and forms of these persons and organizations but
11also all new and emerging forms and combinations of these
12persons and organizations.
13(Source: P.A. 101-13, eff. 6-12-19.)
 
14    Section 675. The Rights of Married Persons Act is amended
15by changing Section 15 as follows:
 
16    (750 ILCS 65/15)  (from Ch. 40, par. 1015)
17    Sec. 15. (a)(1) The expenses of the family and of the
18education of the children shall be chargeable upon the
19property of both husband and wife, or of either of them, in
20favor of creditors therefor, and in relation thereto they may
21be sued jointly or separately.
22    (2) No creditor, who has a claim against a spouse or former
23spouse for an expense incurred by that spouse or former spouse
24which is not a family expense, shall maintain an action

 

 

HB1893- 137 -LRB102 15297 LNS 20652 b

1against the other spouse or former spouse for that expense
2except:
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. 101-13, eff. 6-12-19.)
 
14
Article 99.

 
15    Section 9999. Effective date. This Act takes effect upon
16becoming law.

 

 

HB1893- 139 -LRB102 15297 LNS 20652 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    775 ILCS 55/Act rep.
5    210 ILCS 5/6.2 new
6    410 ILCS 70/9.1 new
7    735 ILCS 5/11-107.1a new
8    5 ILCS 375/6.11
9    20 ILCS 505/5from Ch. 23, par. 5005
10    5 ILCS 140/7.5
11    55 ILCS 5/3-3013from Ch. 34, par. 3-3013
12    210 ILCS 5/2from Ch. 111 1/2, par. 157-8.2
13    210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3
14    215 ILCS 5/356z.4
15    215 ILCS 5/356z.4a rep.
16    215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
17    215 ILCS 165/10from Ch. 32, par. 604
18    225 ILCS 60/22from Ch. 111, par. 4400-22
19    225 ILCS 60/36from Ch. 111, par. 4400-36
20    225 ILCS 65/65-35was 225 ILCS 65/15-15
21    225 ILCS 65/65-43
22    225 ILCS 95/7.5
23    410 ILCS 535/1from Ch. 111 1/2, par. 73-1
24    415 ILCS 5/56.1from Ch. 111 1/2, par. 1056.1
25    720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2

 

 

HB1893- 140 -LRB102 15297 LNS 20652 b

1    720 ILCS 5/9-2.1from Ch. 38, par. 9-2.1
2    720 ILCS 5/9-3.2from Ch. 38, par. 9-3.2
3    720 ILCS 5/12-3.1from Ch. 38, par. 12-3.1
4    735 ILCS 5/8-802from Ch. 110, par. 8-802
5    745 ILCS 70/3from Ch. 111 1/2, par. 5303
6    750 ILCS 65/15from Ch. 40, par. 1015