| |||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 3. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7 as follows:
| ||||||
6 | (5 ILCS 140/7)
| ||||||
7 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
8 | Sec. 7. Exemptions.
| ||||||
9 | (1) When a request is made to inspect or copy a public | ||||||
10 | record that contains information that is exempt from | ||||||
11 | disclosure under this Section, but also contains information | ||||||
12 | that is not exempt from disclosure, the public body may elect | ||||||
13 | to redact the information that is exempt. The public body | ||||||
14 | shall make the remaining information available for inspection | ||||||
15 | and copying. Subject to this requirement, the following shall | ||||||
16 | be exempt from inspection and copying:
| ||||||
17 | (a) Information specifically prohibited from | ||||||
18 | disclosure by federal or
State law or rules and | ||||||
19 | regulations implementing federal or State law.
| ||||||
20 | (b) Private information, unless disclosure is required | ||||||
21 | by another provision of this Act, a State or federal law, | ||||||
22 | or a court order. | ||||||
23 | (b-5) Files, documents, and other data or databases |
| |||||||
| |||||||
1 | maintained by one or more law enforcement agencies and | ||||||
2 | specifically designed to provide information to one or | ||||||
3 | more law enforcement agencies regarding the physical or | ||||||
4 | mental status of one or more individual subjects. | ||||||
5 | (c) Personal information contained within public | ||||||
6 | records, the disclosure of which would constitute a | ||||||
7 | clearly
unwarranted invasion of personal privacy, unless | ||||||
8 | the disclosure is
consented to in writing by the | ||||||
9 | individual subjects of the information. "Unwarranted | ||||||
10 | invasion of personal privacy" means the disclosure of | ||||||
11 | information that is highly personal or objectionable to a | ||||||
12 | reasonable person and in which the subject's right to | ||||||
13 | privacy outweighs any legitimate public interest in | ||||||
14 | obtaining the information. The
disclosure of information | ||||||
15 | that bears on the public duties of public
employees and | ||||||
16 | officials shall not be considered an invasion of personal
| ||||||
17 | privacy.
| ||||||
18 | (d) Records in the possession of any public body | ||||||
19 | created in the course of administrative enforcement
| ||||||
20 | proceedings, and any law enforcement or correctional | ||||||
21 | agency for
law enforcement purposes,
but only to the | ||||||
22 | extent that disclosure would:
| ||||||
23 | (i) interfere with pending or actually and | ||||||
24 | reasonably contemplated
law enforcement proceedings | ||||||
25 | conducted by any law enforcement or correctional
| ||||||
26 | agency that is the recipient of the request;
|
| |||||||
| |||||||
1 | (ii) interfere with active administrative | ||||||
2 | enforcement proceedings
conducted by the public body | ||||||
3 | that is the recipient of the request;
| ||||||
4 | (iii) create a substantial likelihood that a | ||||||
5 | person will be deprived of a fair trial or an impartial | ||||||
6 | hearing;
| ||||||
7 | (iv) unavoidably disclose the identity of a | ||||||
8 | confidential source, confidential information | ||||||
9 | furnished only by the confidential source, or persons | ||||||
10 | who file complaints with or provide information to | ||||||
11 | administrative, investigative, law enforcement, or | ||||||
12 | penal agencies; except that the identities of | ||||||
13 | witnesses to traffic accidents, traffic accident | ||||||
14 | reports, and rescue reports shall be provided by | ||||||
15 | agencies of local government, except when disclosure | ||||||
16 | would interfere with an active criminal investigation | ||||||
17 | conducted by the agency that is the recipient of the | ||||||
18 | request;
| ||||||
19 | (v) disclose unique or specialized investigative | ||||||
20 | techniques other than
those generally used and known | ||||||
21 | or disclose internal documents of
correctional | ||||||
22 | agencies related to detection, observation , or | ||||||
23 | investigation of
incidents of crime or misconduct, and | ||||||
24 | disclosure would result in demonstrable harm to the | ||||||
25 | agency or public body that is the recipient of the | ||||||
26 | request;
|
| |||||||
| |||||||
1 | (vi) endanger the life or physical safety of law | ||||||
2 | enforcement personnel
or any other person; or
| ||||||
3 | (vii) obstruct an ongoing criminal investigation | ||||||
4 | by the agency that is the recipient of the request.
| ||||||
5 | (d-5) A law enforcement record created for law | ||||||
6 | enforcement purposes and contained in a shared electronic | ||||||
7 | record management system if the law enforcement agency | ||||||
8 | that is the recipient of the request did not create the | ||||||
9 | record, did not participate in or have a role in any of the | ||||||
10 | events which are the subject of the record, and only has | ||||||
11 | access to the record through the shared electronic record | ||||||
12 | management system. | ||||||
13 | (d-6) Records contained in the Officer Professional | ||||||
14 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
15 | Training Act, except to the extent authorized under that | ||||||
16 | Section. This includes the documents supplied to the | ||||||
17 | Illinois Law Enforcement Training Standards Board from the | ||||||
18 | Illinois State Police and Illinois State Police Merit | ||||||
19 | Board. | ||||||
20 | (e) Records that relate to or affect the security of | ||||||
21 | correctional
institutions and detention facilities.
| ||||||
22 | (e-5) Records requested by persons committed to the | ||||||
23 | Department of Corrections, Department of Human Services | ||||||
24 | Division of Mental Health, or a county jail if those | ||||||
25 | materials are available in the library of the correctional | ||||||
26 | institution or facility or jail where the inmate is |
| |||||||
| |||||||
1 | confined. | ||||||
2 | (e-6) Records requested by persons committed to the | ||||||
3 | Department of Corrections, Department of Human Services | ||||||
4 | Division of Mental Health, or a county jail if those | ||||||
5 | materials include records from staff members' personnel | ||||||
6 | files, staff rosters, or other staffing assignment | ||||||
7 | information. | ||||||
8 | (e-7) Records requested by persons committed to the | ||||||
9 | Department of Corrections or Department of Human Services | ||||||
10 | Division of Mental Health if those materials are available | ||||||
11 | through an administrative request to the Department of | ||||||
12 | Corrections or Department of Human Services Division of | ||||||
13 | Mental Health. | ||||||
14 | (e-8) Records requested by a person committed to the | ||||||
15 | Department of Corrections, Department of Human Services | ||||||
16 | Division of Mental Health, or a county jail, the | ||||||
17 | disclosure of which would result in the risk of harm to any | ||||||
18 | person or the risk of an escape from a jail or correctional | ||||||
19 | institution or facility. | ||||||
20 | (e-9) Records requested by a person in a county jail | ||||||
21 | or committed to the Department of Corrections or | ||||||
22 | Department of Human Services Division of Mental Health, | ||||||
23 | containing personal information pertaining to the person's | ||||||
24 | victim or the victim's family, including, but not limited | ||||||
25 | to, a victim's home address, home telephone number, work | ||||||
26 | or school address, work telephone number, social security |
| |||||||
| |||||||
1 | number, or any other identifying information, except as | ||||||
2 | may be relevant to a requester's current or potential case | ||||||
3 | or claim. | ||||||
4 | (e-10) Law enforcement records of other persons | ||||||
5 | requested by a person committed to the Department of | ||||||
6 | Corrections, Department of Human Services Division of | ||||||
7 | Mental Health, or a county jail, including, but not | ||||||
8 | limited to, arrest and booking records, mug shots, and | ||||||
9 | crime scene photographs, except as these records may be | ||||||
10 | relevant to the requester's current or potential case or | ||||||
11 | claim. | ||||||
12 | (f) Preliminary drafts, notes, recommendations, | ||||||
13 | memoranda, and other
records in which opinions are | ||||||
14 | expressed, or policies or actions are
formulated, except | ||||||
15 | that a specific record or relevant portion of a
record | ||||||
16 | shall not be exempt when the record is publicly cited
and | ||||||
17 | identified by the head of the public body. The exemption | ||||||
18 | provided in
this paragraph (f) extends to all those | ||||||
19 | records of officers and agencies
of the General Assembly | ||||||
20 | that pertain to the preparation of legislative
documents.
| ||||||
21 | (g) Trade secrets and commercial or financial | ||||||
22 | information obtained from
a person or business where the | ||||||
23 | trade secrets or commercial or financial information are | ||||||
24 | furnished under a claim that they are
proprietary, | ||||||
25 | privileged, or confidential, and that disclosure of the | ||||||
26 | trade
secrets or commercial or financial information would |
| |||||||
| |||||||
1 | cause competitive harm to the person or business, and only | ||||||
2 | insofar as the claim directly applies to the records | ||||||
3 | requested. | ||||||
4 | The information included under this exemption includes | ||||||
5 | all trade secrets and commercial or financial information | ||||||
6 | obtained by a public body, including a public pension | ||||||
7 | fund, from a private equity fund or a privately held | ||||||
8 | company within the investment portfolio of a private | ||||||
9 | equity fund as a result of either investing or evaluating | ||||||
10 | a potential investment of public funds in a private equity | ||||||
11 | fund. The exemption contained in this item does not apply | ||||||
12 | to the aggregate financial performance information of a | ||||||
13 | private equity fund, nor to the identity of the fund's | ||||||
14 | managers or general partners. The exemption contained in | ||||||
15 | this item does not apply to the identity of a privately | ||||||
16 | held company within the investment portfolio of a private | ||||||
17 | equity fund, unless the disclosure of the identity of a | ||||||
18 | privately held company may cause competitive harm. | ||||||
19 | Nothing contained in this
paragraph (g) shall be | ||||||
20 | construed to prevent a person or business from
consenting | ||||||
21 | to disclosure.
| ||||||
22 | (h) Proposals and bids for any contract, grant, or | ||||||
23 | agreement, including
information which if it were | ||||||
24 | disclosed would frustrate procurement or give
an advantage | ||||||
25 | to any person proposing to enter into a contractor | ||||||
26 | agreement
with the body, until an award or final selection |
| |||||||
| |||||||
1 | is made. Information
prepared by or for the body in | ||||||
2 | preparation of a bid solicitation shall be
exempt until an | ||||||
3 | award or final selection is made.
| ||||||
4 | (i) Valuable formulae,
computer geographic systems,
| ||||||
5 | designs, drawings , and research data obtained or
produced | ||||||
6 | by any public body when disclosure could reasonably be | ||||||
7 | expected to
produce private gain or public loss.
The | ||||||
8 | exemption for "computer geographic systems" provided in | ||||||
9 | this paragraph
(i) does not extend to requests made by | ||||||
10 | news media as defined in Section 2 of
this Act when the | ||||||
11 | requested information is not otherwise exempt and the only
| ||||||
12 | purpose of the request is to access and disseminate | ||||||
13 | information regarding the
health, safety, welfare, or | ||||||
14 | legal rights of the general public.
| ||||||
15 | (j) The following information pertaining to | ||||||
16 | educational matters: | ||||||
17 | (i) test questions, scoring keys, and other | ||||||
18 | examination data used to
administer an academic | ||||||
19 | examination;
| ||||||
20 | (ii) information received by a primary or | ||||||
21 | secondary school, college, or university under its | ||||||
22 | procedures for the evaluation of faculty members by | ||||||
23 | their academic peers; | ||||||
24 | (iii) information concerning a school or | ||||||
25 | university's adjudication of student disciplinary | ||||||
26 | cases, but only to the extent that disclosure would |
| |||||||
| |||||||
1 | unavoidably reveal the identity of the student; and | ||||||
2 | (iv) course materials or research materials used | ||||||
3 | by faculty members. | ||||||
4 | (k) Architects' plans, engineers' technical | ||||||
5 | submissions, and
other
construction related technical | ||||||
6 | documents for
projects not constructed or developed in | ||||||
7 | whole or in part with public funds
and the same for | ||||||
8 | projects constructed or developed with public funds, | ||||||
9 | including, but not limited to, power generating and | ||||||
10 | distribution stations and other transmission and | ||||||
11 | distribution facilities, water treatment facilities, | ||||||
12 | airport facilities, sport stadiums, convention centers, | ||||||
13 | and all government owned, operated, or occupied buildings, | ||||||
14 | but
only to the extent
that disclosure would compromise | ||||||
15 | security.
| ||||||
16 | (l) Minutes of meetings of public bodies closed to the
| ||||||
17 | public as provided in the Open Meetings Act until the | ||||||
18 | public body
makes the minutes available to the public | ||||||
19 | under Section 2.06 of the Open
Meetings Act.
| ||||||
20 | (m) Communications between a public body and an | ||||||
21 | attorney or auditor
representing the public body that | ||||||
22 | would not be subject to discovery in
litigation, and | ||||||
23 | materials prepared or compiled by or for a public body in
| ||||||
24 | anticipation of a criminal, civil, or administrative | ||||||
25 | proceeding upon the
request of an attorney advising the | ||||||
26 | public body, and materials prepared or
compiled with |
| |||||||
| |||||||
1 | respect to internal audits of public bodies.
| ||||||
2 | (n) Records relating to a public body's adjudication | ||||||
3 | of employee grievances or disciplinary cases; however, | ||||||
4 | this exemption shall not extend to the final outcome of | ||||||
5 | cases in which discipline is imposed.
| ||||||
6 | (o) Administrative or technical information associated | ||||||
7 | with automated
data processing operations, including, but | ||||||
8 | not limited to, software,
operating protocols, computer | ||||||
9 | program abstracts, file layouts, source
listings, object | ||||||
10 | modules, load modules, user guides, documentation
| ||||||
11 | pertaining to all logical and physical design of | ||||||
12 | computerized systems,
employee manuals, and any other | ||||||
13 | information that, if disclosed, would
jeopardize the | ||||||
14 | security of the system or its data or the security of
| ||||||
15 | materials exempt under this Section.
| ||||||
16 | (p) Records relating to collective negotiating matters
| ||||||
17 | between public bodies and their employees or | ||||||
18 | representatives, except that
any final contract or | ||||||
19 | agreement shall be subject to inspection and copying.
| ||||||
20 | (q) Test questions, scoring keys, and other | ||||||
21 | examination data used to determine the qualifications of | ||||||
22 | an applicant for a license or employment.
| ||||||
23 | (r) The records, documents, and information relating | ||||||
24 | to real estate
purchase negotiations until those | ||||||
25 | negotiations have been completed or
otherwise terminated. | ||||||
26 | With regard to a parcel involved in a pending or
actually |
| |||||||
| |||||||
1 | and reasonably contemplated eminent domain proceeding | ||||||
2 | under the Eminent Domain Act, records, documents, and
| ||||||
3 | information relating to that parcel shall be exempt except | ||||||
4 | as may be
allowed under discovery rules adopted by the | ||||||
5 | Illinois Supreme Court. The
records, documents, and | ||||||
6 | information relating to a real estate sale shall be
exempt | ||||||
7 | until a sale is consummated.
| ||||||
8 | (s) Any and all proprietary information and records | ||||||
9 | related to the
operation of an intergovernmental risk | ||||||
10 | management association or
self-insurance pool or jointly | ||||||
11 | self-administered health and accident
cooperative or pool.
| ||||||
12 | Insurance or self-insurance self insurance (including any | ||||||
13 | intergovernmental risk management association or | ||||||
14 | self-insurance self insurance pool) claims, loss or risk | ||||||
15 | management information, records, data, advice , or | ||||||
16 | communications.
| ||||||
17 | (t) Information contained in or related to | ||||||
18 | examination, operating, or
condition reports prepared by, | ||||||
19 | on behalf of, or for the use of a public
body responsible | ||||||
20 | for the regulation or supervision of financial
| ||||||
21 | institutions, insurance companies, or pharmacy benefit | ||||||
22 | managers, unless disclosure is otherwise
required by State | ||||||
23 | law.
| ||||||
24 | (u) Information that would disclose
or might lead to | ||||||
25 | the disclosure of
secret or confidential information, | ||||||
26 | codes, algorithms, programs, or private
keys intended to |
| |||||||
| |||||||
1 | be used to create electronic signatures under the Uniform | ||||||
2 | Electronic Transactions Act.
| ||||||
3 | (v) Vulnerability assessments, security measures, and | ||||||
4 | response policies
or plans that are designed to identify, | ||||||
5 | prevent, or respond to potential
attacks upon a | ||||||
6 | community's population or systems, facilities, or | ||||||
7 | installations, but only to the extent that
disclosure | ||||||
8 | could reasonably be expected to expose the vulnerability | ||||||
9 | or jeopardize the effectiveness of the
measures, policies, | ||||||
10 | or plans, or the safety of the personnel who implement | ||||||
11 | them or the public.
Information exempt under this item may | ||||||
12 | include such things as details
pertaining to the | ||||||
13 | mobilization or deployment of personnel or equipment, to | ||||||
14 | the
operation of communication systems or protocols, to | ||||||
15 | cybersecurity vulnerabilities, or to tactical operations.
| ||||||
16 | (w) (Blank). | ||||||
17 | (x) Maps and other records regarding the location or | ||||||
18 | security of generation, transmission, distribution, | ||||||
19 | storage, gathering,
treatment, or switching facilities | ||||||
20 | owned by a utility, by a power generator, or by the | ||||||
21 | Illinois Power Agency.
| ||||||
22 | (y) Information contained in or related to proposals, | ||||||
23 | bids, or negotiations related to electric power | ||||||
24 | procurement under Section 1-75 of the Illinois Power | ||||||
25 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
26 | Act that is determined to be confidential and proprietary |
| |||||||
| |||||||
1 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
2 | Commission.
| ||||||
3 | (z) Information about students exempted from | ||||||
4 | disclosure under Section Sections 10-20.38 or 34-18.29 of | ||||||
5 | the School Code, and information about undergraduate | ||||||
6 | students enrolled at an institution of higher education | ||||||
7 | exempted from disclosure under Section 25 of the Illinois | ||||||
8 | Credit Card Marketing Act of 2009. | ||||||
9 | (aa) Information the disclosure of which is
exempted | ||||||
10 | under the Viatical Settlements Act of 2009.
| ||||||
11 | (bb) Records and information provided to a mortality | ||||||
12 | review team and records maintained by a mortality review | ||||||
13 | team appointed under the Department of Juvenile Justice | ||||||
14 | Mortality Review Team Act. | ||||||
15 | (cc) Information regarding interments, entombments, or | ||||||
16 | inurnments of human remains that are submitted to the | ||||||
17 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
18 | the Cemetery Oversight Act, whichever is applicable. | ||||||
19 | (dd) Correspondence and records (i) that may not be | ||||||
20 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
21 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
22 | the Illinois Public Aid Code. | ||||||
23 | (ee) The names, addresses, or other personal | ||||||
24 | information of persons who are minors and are also | ||||||
25 | participants and registrants in programs of park | ||||||
26 | districts, forest preserve districts, conservation |
| |||||||
| |||||||
1 | districts, recreation agencies, and special recreation | ||||||
2 | associations. | ||||||
3 | (ff) The names, addresses, or other personal | ||||||
4 | information of participants and registrants in programs of | ||||||
5 | park districts, forest preserve districts, conservation | ||||||
6 | districts, recreation agencies, and special recreation | ||||||
7 | associations where such programs are targeted primarily to | ||||||
8 | minors. | ||||||
9 | (gg) Confidential information described in Section | ||||||
10 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
11 | 2012. | ||||||
12 | (hh) The report submitted to the State Board of | ||||||
13 | Education by the School Security and Standards Task Force | ||||||
14 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
15 | School Code and any information contained in that report. | ||||||
16 | (ii) Records requested by persons committed to or | ||||||
17 | detained by the Department of Human Services under the | ||||||
18 | Sexually Violent Persons Commitment Act or committed to | ||||||
19 | the Department of Corrections under the Sexually Dangerous | ||||||
20 | Persons Act if those materials: (i) are available in the | ||||||
21 | library of the facility where the individual is confined; | ||||||
22 | (ii) include records from staff members' personnel files, | ||||||
23 | staff rosters, or other staffing assignment information; | ||||||
24 | or (iii) are available through an administrative request | ||||||
25 | to the Department of Human Services or the Department of | ||||||
26 | Corrections. |
| |||||||
| |||||||
1 | (jj) Confidential information described in Section | ||||||
2 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
3 | (kk) The public body's credit card numbers, debit card | ||||||
4 | numbers, bank account numbers, Federal Employer | ||||||
5 | Identification Number, security code numbers, passwords, | ||||||
6 | and similar account information, the disclosure of which | ||||||
7 | could result in identity theft or impression or defrauding | ||||||
8 | of a governmental entity or a person. | ||||||
9 | (ll) Records concerning the work of the threat | ||||||
10 | assessment team of a school district, including, but not | ||||||
11 | limited to, any threat assessment procedure under the | ||||||
12 | School Safety Drill Act and any information contained in | ||||||
13 | the procedure. | ||||||
14 | (mm) Information prohibited from being disclosed under | ||||||
15 | subsections (a) and (b) of Section 15 of the Student | ||||||
16 | Confidential Reporting Act. | ||||||
17 | (nn) (mm) Proprietary information submitted to the
| ||||||
18 | Environmental Protection Agency under the Drug Take-Back
| ||||||
19 | Act. | ||||||
20 | (oo) (mm) Records described in subsection (f) of | ||||||
21 | Section 3-5-1 of the Unified Code of Corrections. | ||||||
22 | (pp) Reports described in subsection (e) of Section | ||||||
23 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
24 | (1.5) Any information exempt from disclosure under the | ||||||
25 | Judicial Privacy Act shall be redacted from public records | ||||||
26 | prior to disclosure under this Act. |
| |||||||
| |||||||
1 | (2) A public record that is not in the possession of a | ||||||
2 | public body but is in the possession of a party with whom the | ||||||
3 | agency has contracted to perform a governmental function on | ||||||
4 | behalf of the public body, and that directly relates to the | ||||||
5 | governmental function and is not otherwise exempt under this | ||||||
6 | Act, shall be considered a public record of the public body, | ||||||
7 | for purposes of this Act. | ||||||
8 | (3) This Section does not authorize withholding of | ||||||
9 | information or limit the
availability of records to the | ||||||
10 | public, except as stated in this Section or
otherwise provided | ||||||
11 | in this Act.
| ||||||
12 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
13 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
14 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
15 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
16 | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | ||||||
17 | 12-13-22.) | ||||||
18 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
19 | Sec. 7. Exemptions.
| ||||||
20 | (1) When a request is made to inspect or copy a public | ||||||
21 | record that contains information that is exempt from | ||||||
22 | disclosure under this Section, but also contains information | ||||||
23 | that is not exempt from disclosure, the public body may elect | ||||||
24 | to redact the information that is exempt. The public body | ||||||
25 | shall make the remaining information available for inspection |
| |||||||
| |||||||
1 | and copying. Subject to this requirement, the following shall | ||||||
2 | be exempt from inspection and copying:
| ||||||
3 | (a) Information specifically prohibited from | ||||||
4 | disclosure by federal or
State law or rules and | ||||||
5 | regulations implementing federal or State law.
| ||||||
6 | (b) Private information, unless disclosure is required | ||||||
7 | by another provision of this Act, a State or federal law, | ||||||
8 | or a court order. | ||||||
9 | (b-5) Files, documents, and other data or databases | ||||||
10 | maintained by one or more law enforcement agencies and | ||||||
11 | specifically designed to provide information to one or | ||||||
12 | more law enforcement agencies regarding the physical or | ||||||
13 | mental status of one or more individual subjects. | ||||||
14 | (c) Personal information contained within public | ||||||
15 | records, the disclosure of which would constitute a | ||||||
16 | clearly
unwarranted invasion of personal privacy, unless | ||||||
17 | the disclosure is
consented to in writing by the | ||||||
18 | individual subjects of the information. "Unwarranted | ||||||
19 | invasion of personal privacy" means the disclosure of | ||||||
20 | information that is highly personal or objectionable to a | ||||||
21 | reasonable person and in which the subject's right to | ||||||
22 | privacy outweighs any legitimate public interest in | ||||||
23 | obtaining the information. The
disclosure of information | ||||||
24 | that bears on the public duties of public
employees and | ||||||
25 | officials shall not be considered an invasion of personal
| ||||||
26 | privacy.
|
| |||||||
| |||||||
1 | (d) Records in the possession of any public body | ||||||
2 | created in the course of administrative enforcement
| ||||||
3 | proceedings, and any law enforcement or correctional | ||||||
4 | agency for
law enforcement purposes,
but only to the | ||||||
5 | extent that disclosure would:
| ||||||
6 | (i) interfere with pending or actually and | ||||||
7 | reasonably contemplated
law enforcement proceedings | ||||||
8 | conducted by any law enforcement or correctional
| ||||||
9 | agency that is the recipient of the request;
| ||||||
10 | (ii) interfere with active administrative | ||||||
11 | enforcement proceedings
conducted by the public body | ||||||
12 | that is the recipient of the request;
| ||||||
13 | (iii) create a substantial likelihood that a | ||||||
14 | person will be deprived of a fair trial or an impartial | ||||||
15 | hearing;
| ||||||
16 | (iv) unavoidably disclose the identity of a | ||||||
17 | confidential source, confidential information | ||||||
18 | furnished only by the confidential source, or persons | ||||||
19 | who file complaints with or provide information to | ||||||
20 | administrative, investigative, law enforcement, or | ||||||
21 | penal agencies; except that the identities of | ||||||
22 | witnesses to traffic crashes, traffic crash reports, | ||||||
23 | and rescue reports shall be provided by agencies of | ||||||
24 | local government, except when disclosure would | ||||||
25 | interfere with an active criminal investigation | ||||||
26 | conducted by the agency that is the recipient of the |
| |||||||
| |||||||
1 | request;
| ||||||
2 | (v) disclose unique or specialized investigative | ||||||
3 | techniques other than
those generally used and known | ||||||
4 | or disclose internal documents of
correctional | ||||||
5 | agencies related to detection, observation , or | ||||||
6 | investigation of
incidents of crime or misconduct, and | ||||||
7 | disclosure would result in demonstrable harm to the | ||||||
8 | agency or public body that is the recipient of the | ||||||
9 | request;
| ||||||
10 | (vi) endanger the life or physical safety of law | ||||||
11 | enforcement personnel
or any other person; or
| ||||||
12 | (vii) obstruct an ongoing criminal investigation | ||||||
13 | by the agency that is the recipient of the request.
| ||||||
14 | (d-5) A law enforcement record created for law | ||||||
15 | enforcement purposes and contained in a shared electronic | ||||||
16 | record management system if the law enforcement agency | ||||||
17 | that is the recipient of the request did not create the | ||||||
18 | record, did not participate in or have a role in any of the | ||||||
19 | events which are the subject of the record, and only has | ||||||
20 | access to the record through the shared electronic record | ||||||
21 | management system. | ||||||
22 | (d-6) Records contained in the Officer Professional | ||||||
23 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
24 | Training Act, except to the extent authorized under that | ||||||
25 | Section. This includes the documents supplied to the | ||||||
26 | Illinois Law Enforcement Training Standards Board from the |
| |||||||
| |||||||
1 | Illinois State Police and Illinois State Police Merit | ||||||
2 | Board. | ||||||
3 | (e) Records that relate to or affect the security of | ||||||
4 | correctional
institutions and detention facilities.
| ||||||
5 | (e-5) Records requested by persons committed to the | ||||||
6 | Department of Corrections, Department of Human Services | ||||||
7 | Division of Mental Health, or a county jail if those | ||||||
8 | materials are available in the library of the correctional | ||||||
9 | institution or facility or jail where the inmate is | ||||||
10 | confined. | ||||||
11 | (e-6) Records requested by persons committed to the | ||||||
12 | Department of Corrections, Department of Human Services | ||||||
13 | Division of Mental Health, or a county jail if those | ||||||
14 | materials include records from staff members' personnel | ||||||
15 | files, staff rosters, or other staffing assignment | ||||||
16 | information. | ||||||
17 | (e-7) Records requested by persons committed to the | ||||||
18 | Department of Corrections or Department of Human Services | ||||||
19 | Division of Mental Health if those materials are available | ||||||
20 | through an administrative request to the Department of | ||||||
21 | Corrections or Department of Human Services Division of | ||||||
22 | Mental Health. | ||||||
23 | (e-8) Records requested by a person committed to the | ||||||
24 | Department of Corrections, Department of Human Services | ||||||
25 | Division of Mental Health, or a county jail, the | ||||||
26 | disclosure of which would result in the risk of harm to any |
| |||||||
| |||||||
1 | person or the risk of an escape from a jail or correctional | ||||||
2 | institution or facility. | ||||||
3 | (e-9) Records requested by a person in a county jail | ||||||
4 | or committed to the Department of Corrections or | ||||||
5 | Department of Human Services Division of Mental Health, | ||||||
6 | containing personal information pertaining to the person's | ||||||
7 | victim or the victim's family, including, but not limited | ||||||
8 | to, a victim's home address, home telephone number, work | ||||||
9 | or school address, work telephone number, social security | ||||||
10 | number, or any other identifying information, except as | ||||||
11 | may be relevant to a requester's current or potential case | ||||||
12 | or claim. | ||||||
13 | (e-10) Law enforcement records of other persons | ||||||
14 | requested by a person committed to the Department of | ||||||
15 | Corrections, Department of Human Services Division of | ||||||
16 | Mental Health, or a county jail, including, but not | ||||||
17 | limited to, arrest and booking records, mug shots, and | ||||||
18 | crime scene photographs, except as these records may be | ||||||
19 | relevant to the requester's current or potential case or | ||||||
20 | claim. | ||||||
21 | (f) Preliminary drafts, notes, recommendations, | ||||||
22 | memoranda, and other
records in which opinions are | ||||||
23 | expressed, or policies or actions are
formulated, except | ||||||
24 | that a specific record or relevant portion of a
record | ||||||
25 | shall not be exempt when the record is publicly cited
and | ||||||
26 | identified by the head of the public body. The exemption |
| |||||||
| |||||||
1 | provided in
this paragraph (f) extends to all those | ||||||
2 | records of officers and agencies
of the General Assembly | ||||||
3 | that pertain to the preparation of legislative
documents.
| ||||||
4 | (g) Trade secrets and commercial or financial | ||||||
5 | information obtained from
a person or business where the | ||||||
6 | trade secrets or commercial or financial information are | ||||||
7 | furnished under a claim that they are
proprietary, | ||||||
8 | privileged, or confidential, and that disclosure of the | ||||||
9 | trade
secrets or commercial or financial information would | ||||||
10 | cause competitive harm to the person or business, and only | ||||||
11 | insofar as the claim directly applies to the records | ||||||
12 | requested. | ||||||
13 | The information included under this exemption includes | ||||||
14 | all trade secrets and commercial or financial information | ||||||
15 | obtained by a public body, including a public pension | ||||||
16 | fund, from a private equity fund or a privately held | ||||||
17 | company within the investment portfolio of a private | ||||||
18 | equity fund as a result of either investing or evaluating | ||||||
19 | a potential investment of public funds in a private equity | ||||||
20 | fund. The exemption contained in this item does not apply | ||||||
21 | to the aggregate financial performance information of a | ||||||
22 | private equity fund, nor to the identity of the fund's | ||||||
23 | managers or general partners. The exemption contained in | ||||||
24 | this item does not apply to the identity of a privately | ||||||
25 | held company within the investment portfolio of a private | ||||||
26 | equity fund, unless the disclosure of the identity of a |
| |||||||
| |||||||
1 | privately held company may cause competitive harm. | ||||||
2 | Nothing contained in this
paragraph (g) shall be | ||||||
3 | construed to prevent a person or business from
consenting | ||||||
4 | to disclosure.
| ||||||
5 | (h) Proposals and bids for any contract, grant, or | ||||||
6 | agreement, including
information which if it were | ||||||
7 | disclosed would frustrate procurement or give
an advantage | ||||||
8 | to any person proposing to enter into a contractor | ||||||
9 | agreement
with the body, until an award or final selection | ||||||
10 | is made. Information
prepared by or for the body in | ||||||
11 | preparation of a bid solicitation shall be
exempt until an | ||||||
12 | award or final selection is made.
| ||||||
13 | (i) Valuable formulae,
computer geographic systems,
| ||||||
14 | designs, drawings , and research data obtained or
produced | ||||||
15 | by any public body when disclosure could reasonably be | ||||||
16 | expected to
produce private gain or public loss.
The | ||||||
17 | exemption for "computer geographic systems" provided in | ||||||
18 | this paragraph
(i) does not extend to requests made by | ||||||
19 | news media as defined in Section 2 of
this Act when the | ||||||
20 | requested information is not otherwise exempt and the only
| ||||||
21 | purpose of the request is to access and disseminate | ||||||
22 | information regarding the
health, safety, welfare, or | ||||||
23 | legal rights of the general public.
| ||||||
24 | (j) The following information pertaining to | ||||||
25 | educational matters: | ||||||
26 | (i) test questions, scoring keys, and other |
| |||||||
| |||||||
1 | examination data used to
administer an academic | ||||||
2 | examination;
| ||||||
3 | (ii) information received by a primary or | ||||||
4 | secondary school, college, or university under its | ||||||
5 | procedures for the evaluation of faculty members by | ||||||
6 | their academic peers; | ||||||
7 | (iii) information concerning a school or | ||||||
8 | university's adjudication of student disciplinary | ||||||
9 | cases, but only to the extent that disclosure would | ||||||
10 | unavoidably reveal the identity of the student; and | ||||||
11 | (iv) course materials or research materials used | ||||||
12 | by faculty members. | ||||||
13 | (k) Architects' plans, engineers' technical | ||||||
14 | submissions, and
other
construction related technical | ||||||
15 | documents for
projects not constructed or developed in | ||||||
16 | whole or in part with public funds
and the same for | ||||||
17 | projects constructed or developed with public funds, | ||||||
18 | including, but not limited to, power generating and | ||||||
19 | distribution stations and other transmission and | ||||||
20 | distribution facilities, water treatment facilities, | ||||||
21 | airport facilities, sport stadiums, convention centers, | ||||||
22 | and all government owned, operated, or occupied buildings, | ||||||
23 | but
only to the extent
that disclosure would compromise | ||||||
24 | security.
| ||||||
25 | (l) Minutes of meetings of public bodies closed to the
| ||||||
26 | public as provided in the Open Meetings Act until the |
| |||||||
| |||||||
1 | public body
makes the minutes available to the public | ||||||
2 | under Section 2.06 of the Open
Meetings Act.
| ||||||
3 | (m) Communications between a public body and an | ||||||
4 | attorney or auditor
representing the public body that | ||||||
5 | would not be subject to discovery in
litigation, and | ||||||
6 | materials prepared or compiled by or for a public body in
| ||||||
7 | anticipation of a criminal, civil, or administrative | ||||||
8 | proceeding upon the
request of an attorney advising the | ||||||
9 | public body, and materials prepared or
compiled with | ||||||
10 | respect to internal audits of public bodies.
| ||||||
11 | (n) Records relating to a public body's adjudication | ||||||
12 | of employee grievances or disciplinary cases; however, | ||||||
13 | this exemption shall not extend to the final outcome of | ||||||
14 | cases in which discipline is imposed.
| ||||||
15 | (o) Administrative or technical information associated | ||||||
16 | with automated
data processing operations, including, but | ||||||
17 | not limited to, software,
operating protocols, computer | ||||||
18 | program abstracts, file layouts, source
listings, object | ||||||
19 | modules, load modules, user guides, documentation
| ||||||
20 | pertaining to all logical and physical design of | ||||||
21 | computerized systems,
employee manuals, and any other | ||||||
22 | information that, if disclosed, would
jeopardize the | ||||||
23 | security of the system or its data or the security of
| ||||||
24 | materials exempt under this Section.
| ||||||
25 | (p) Records relating to collective negotiating matters
| ||||||
26 | between public bodies and their employees or |
| |||||||
| |||||||
1 | representatives, except that
any final contract or | ||||||
2 | agreement shall be subject to inspection and copying.
| ||||||
3 | (q) Test questions, scoring keys, and other | ||||||
4 | examination data used to determine the qualifications of | ||||||
5 | an applicant for a license or employment.
| ||||||
6 | (r) The records, documents, and information relating | ||||||
7 | to real estate
purchase negotiations until those | ||||||
8 | negotiations have been completed or
otherwise terminated. | ||||||
9 | With regard to a parcel involved in a pending or
actually | ||||||
10 | and reasonably contemplated eminent domain proceeding | ||||||
11 | under the Eminent Domain Act, records, documents, and
| ||||||
12 | information relating to that parcel shall be exempt except | ||||||
13 | as may be
allowed under discovery rules adopted by the | ||||||
14 | Illinois Supreme Court. The
records, documents, and | ||||||
15 | information relating to a real estate sale shall be
exempt | ||||||
16 | until a sale is consummated.
| ||||||
17 | (s) Any and all proprietary information and records | ||||||
18 | related to the
operation of an intergovernmental risk | ||||||
19 | management association or
self-insurance pool or jointly | ||||||
20 | self-administered health and accident
cooperative or pool.
| ||||||
21 | Insurance or self-insurance self insurance (including any | ||||||
22 | intergovernmental risk management association or | ||||||
23 | self-insurance self insurance pool) claims, loss or risk | ||||||
24 | management information, records, data, advice , or | ||||||
25 | communications.
| ||||||
26 | (t) Information contained in or related to |
| |||||||
| |||||||
1 | examination, operating, or
condition reports prepared by, | ||||||
2 | on behalf of, or for the use of a public
body responsible | ||||||
3 | for the regulation or supervision of financial
| ||||||
4 | institutions, insurance companies, or pharmacy benefit | ||||||
5 | managers, unless disclosure is otherwise
required by State | ||||||
6 | law.
| ||||||
7 | (u) Information that would disclose
or might lead to | ||||||
8 | the disclosure of
secret or confidential information, | ||||||
9 | codes, algorithms, programs, or private
keys intended to | ||||||
10 | be used to create electronic signatures under the Uniform | ||||||
11 | Electronic Transactions Act.
| ||||||
12 | (v) Vulnerability assessments, security measures, and | ||||||
13 | response policies
or plans that are designed to identify, | ||||||
14 | prevent, or respond to potential
attacks upon a | ||||||
15 | community's population or systems, facilities, or | ||||||
16 | installations, but only to the extent that
disclosure | ||||||
17 | could reasonably be expected to expose the vulnerability | ||||||
18 | or jeopardize the effectiveness of the
measures, policies, | ||||||
19 | or plans, or the safety of the personnel who implement | ||||||
20 | them or the public.
Information exempt under this item may | ||||||
21 | include such things as details
pertaining to the | ||||||
22 | mobilization or deployment of personnel or equipment, to | ||||||
23 | the
operation of communication systems or protocols, to | ||||||
24 | cybersecurity vulnerabilities, or to tactical operations.
| ||||||
25 | (w) (Blank). | ||||||
26 | (x) Maps and other records regarding the location or |
| |||||||
| |||||||
1 | security of generation, transmission, distribution, | ||||||
2 | storage, gathering,
treatment, or switching facilities | ||||||
3 | owned by a utility, by a power generator, or by the | ||||||
4 | Illinois Power Agency.
| ||||||
5 | (y) Information contained in or related to proposals, | ||||||
6 | bids, or negotiations related to electric power | ||||||
7 | procurement under Section 1-75 of the Illinois Power | ||||||
8 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
9 | Act that is determined to be confidential and proprietary | ||||||
10 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
11 | Commission.
| ||||||
12 | (z) Information about students exempted from | ||||||
13 | disclosure under Section Sections 10-20.38 or 34-18.29 of | ||||||
14 | the School Code, and information about undergraduate | ||||||
15 | students enrolled at an institution of higher education | ||||||
16 | exempted from disclosure under Section 25 of the Illinois | ||||||
17 | Credit Card Marketing Act of 2009. | ||||||
18 | (aa) Information the disclosure of which is
exempted | ||||||
19 | under the Viatical Settlements Act of 2009.
| ||||||
20 | (bb) Records and information provided to a mortality | ||||||
21 | review team and records maintained by a mortality review | ||||||
22 | team appointed under the Department of Juvenile Justice | ||||||
23 | Mortality Review Team Act. | ||||||
24 | (cc) Information regarding interments, entombments, or | ||||||
25 | inurnments of human remains that are submitted to the | ||||||
26 | Cemetery Oversight Database under the Cemetery Care Act or |
| |||||||
| |||||||
1 | the Cemetery Oversight Act, whichever is applicable. | ||||||
2 | (dd) Correspondence and records (i) that may not be | ||||||
3 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
4 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
5 | the Illinois Public Aid Code. | ||||||
6 | (ee) The names, addresses, or other personal | ||||||
7 | information of persons who are minors and are also | ||||||
8 | participants and registrants in programs of park | ||||||
9 | districts, forest preserve districts, conservation | ||||||
10 | districts, recreation agencies, and special recreation | ||||||
11 | associations. | ||||||
12 | (ff) The names, addresses, or other personal | ||||||
13 | information of participants and registrants in programs of | ||||||
14 | park districts, forest preserve districts, conservation | ||||||
15 | districts, recreation agencies, and special recreation | ||||||
16 | associations where such programs are targeted primarily to | ||||||
17 | minors. | ||||||
18 | (gg) Confidential information described in Section | ||||||
19 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
20 | 2012. | ||||||
21 | (hh) The report submitted to the State Board of | ||||||
22 | Education by the School Security and Standards Task Force | ||||||
23 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
24 | School Code and any information contained in that report. | ||||||
25 | (ii) Records requested by persons committed to or | ||||||
26 | detained by the Department of Human Services under the |
| |||||||
| |||||||
1 | Sexually Violent Persons Commitment Act or committed to | ||||||
2 | the Department of Corrections under the Sexually Dangerous | ||||||
3 | Persons Act if those materials: (i) are available in the | ||||||
4 | library of the facility where the individual is confined; | ||||||
5 | (ii) include records from staff members' personnel files, | ||||||
6 | staff rosters, or other staffing assignment information; | ||||||
7 | or (iii) are available through an administrative request | ||||||
8 | to the Department of Human Services or the Department of | ||||||
9 | Corrections. | ||||||
10 | (jj) Confidential information described in Section | ||||||
11 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
12 | (kk) The public body's credit card numbers, debit card | ||||||
13 | numbers, bank account numbers, Federal Employer | ||||||
14 | Identification Number, security code numbers, passwords, | ||||||
15 | and similar account information, the disclosure of which | ||||||
16 | could result in identity theft or impression or defrauding | ||||||
17 | of a governmental entity or a person. | ||||||
18 | (ll) Records concerning the work of the threat | ||||||
19 | assessment team of a school district, including, but not | ||||||
20 | limited to, any threat assessment procedure under the | ||||||
21 | School Safety Drill Act and any information contained in | ||||||
22 | the procedure. | ||||||
23 | (mm) Information prohibited from being disclosed under | ||||||
24 | subsections (a) and (b) of Section 15 of the Student | ||||||
25 | Confidential Reporting Act. | ||||||
26 | (nn) (mm) Proprietary information submitted to the
|
| |||||||
| |||||||
1 | Environmental Protection Agency under the Drug Take-Back
| ||||||
2 | Act. | ||||||
3 | (oo) (mm) Records described in subsection (f) of | ||||||
4 | Section 3-5-1 of the Unified Code of Corrections. | ||||||
5 | (pp) Reports described in subsection (e) of Section | ||||||
6 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
7 | (1.5) Any information exempt from disclosure under the | ||||||
8 | Judicial Privacy Act shall be redacted from public records | ||||||
9 | prior to disclosure under this Act. | ||||||
10 | (2) A public record that is not in the possession of a | ||||||
11 | public body but is in the possession of a party with whom the | ||||||
12 | agency has contracted to perform a governmental function on | ||||||
13 | behalf of the public body, and that directly relates to the | ||||||
14 | governmental function and is not otherwise exempt under this | ||||||
15 | Act, shall be considered a public record of the public body, | ||||||
16 | for purposes of this Act. | ||||||
17 | (3) This Section does not authorize withholding of | ||||||
18 | information or limit the
availability of records to the | ||||||
19 | public, except as stated in this Section or
otherwise provided | ||||||
20 | in this Act.
| ||||||
21 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
22 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
23 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
24 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
25 | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | ||||||
26 | 6-10-22; revised 12-13-22.) |
| |||||||
| |||||||
1 | Section 5. The Illinois Insurance Code is amended by | ||||||
2 | changing Section 356z.60 as follows: | ||||||
3 | (215 ILCS 5/356z.60) | ||||||
4 | Sec. 356z.60. Coverage for abortifacients, hormonal | ||||||
5 | therapy, and human immunodeficiency virus pre-exposure | ||||||
6 | prophylaxis and post-exposure prophylaxis. | ||||||
7 | (a) As used in this Section: | ||||||
8 | "Abortifacients" means any medication administered to | ||||||
9 | terminate a pregnancy as prescribed or ordered by a health | ||||||
10 | care professional. | ||||||
11 | "Health care professional" means a physician licensed to | ||||||
12 | practice medicine in all of its branches, licensed advanced | ||||||
13 | practice registered nurse, or physician assistant. | ||||||
14 | "Hormonal therapy medication" means hormonal treatment | ||||||
15 | administered to treat gender dysphoria. | ||||||
16 | "Therapeutic equivalent version" means drugs, devices, or | ||||||
17 | products that can be expected to have the same clinical effect | ||||||
18 | and safety profile when administered to patients under the | ||||||
19 | conditions specified in the labeling and that satisfy the | ||||||
20 | following general criteria: | ||||||
21 | (1) it is approved as safe and effective; | ||||||
22 | (2) it is a pharmaceutical equivalent in that it: | ||||||
23 | (A) contains identical amounts of the same active | ||||||
24 | drug ingredient in the same dosage form and route of |
| |||||||
| |||||||
1 | administration; and | ||||||
2 | (B) meets compendial or other applicable standards | ||||||
3 | of strength, quality, purity, and identity; | ||||||
4 | (3) it is bioequivalent in that: | ||||||
5 | (A) it does not present a known or potential | ||||||
6 | bioequivalence problem and it meets an acceptable in | ||||||
7 | vitro standard; or | ||||||
8 | (B) if it does present such a known or potential | ||||||
9 | problem, it is shown to meet an appropriate | ||||||
10 | bioequivalence standard; | ||||||
11 | (4) it is adequately labeled; and | ||||||
12 | (5) it is manufactured in compliance with Current Good | ||||||
13 | Manufacturing Practice regulations adopted by the United | ||||||
14 | States Food and Drug Administration. | ||||||
15 | (b) An individual or group policy of accident and health | ||||||
16 | insurance amended, delivered, issued, or renewed in this State | ||||||
17 | on or after January 1, 2024 shall provide coverage for all | ||||||
18 | abortifacients, hormonal therapy medication, human | ||||||
19 | immunodeficiency virus pre-exposure prophylaxis , and | ||||||
20 | post-exposure prophylaxis drugs approved by the United States | ||||||
21 | Food and Drug Administration, and follow-up services related | ||||||
22 | to that coverage, including, but not limited to, management of | ||||||
23 | side effects, medication self-management or adherence | ||||||
24 | counseling, risk reduction strategies, and mental health | ||||||
25 | counseling. This coverage shall include drugs approved by the | ||||||
26 | United States Food and Drug Administration that are prescribed |
| |||||||
| |||||||
1 | or ordered for off-label use for the purposes described in | ||||||
2 | this Section. | ||||||
3 | (c) The coverage required under subsection (b) is subject | ||||||
4 | to the following conditions: | ||||||
5 | (1) If the United States Food and Drug Administration | ||||||
6 | has approved one or more therapeutic equivalent versions | ||||||
7 | of an abortifacient drug, a policy is not required to | ||||||
8 | include all such therapeutic equivalent versions in its | ||||||
9 | formulary so long as at least one is included and covered | ||||||
10 | without cost sharing and in accordance with this Section. | ||||||
11 | (2) If an individual's attending provider recommends a | ||||||
12 | particular drug approved by the United States Food and | ||||||
13 | Drug Administration based on a determination of medical | ||||||
14 | necessity with respect to that individual, the plan or | ||||||
15 | issuer must defer to the determination of the attending | ||||||
16 | provider and must cover that service or item without cost | ||||||
17 | sharing. | ||||||
18 | (3) If a drug is not covered, plans and issuers must | ||||||
19 | have an easily accessible, transparent, and sufficiently | ||||||
20 | expedient process that is not unduly burdensome on the | ||||||
21 | individual or a provider or other individual acting as a | ||||||
22 | patient's authorized representative to ensure coverage | ||||||
23 | without cost sharing. | ||||||
24 | The conditions listed under this subsection (c) also apply | ||||||
25 | to drugs prescribed for off-label use as abortifacients. | ||||||
26 | (d) Except as otherwise provided in this Section, a policy |
| |||||||
| |||||||
1 | subject to this Section shall not impose a deductible, | ||||||
2 | coinsurance, copayment, or any other cost-sharing requirement | ||||||
3 | on the coverage provided. The provisions of this subsection do | ||||||
4 | not apply to coverage of procedures to the extent such | ||||||
5 | coverage would disqualify a high-deductible health plan from | ||||||
6 | eligibility for a health savings account pursuant to the | ||||||
7 | federal Internal Revenue Code, 26 U.S.C. 223. | ||||||
8 | (e) Except as otherwise authorized under this Section, a | ||||||
9 | policy shall not impose any restrictions or delays on the | ||||||
10 | coverage required under this Section. | ||||||
11 | (f) The coverage requirements in this Section for
| ||||||
12 | abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),
| ||||||
13 | apply to a multistate plan that does not provide coverage for
| ||||||
14 | abortion. | ||||||
15 | (g) If the Department concludes that enforcement of any
| ||||||
16 | coverage requirement of this Section for abortifacients may
| ||||||
17 | adversely affect the allocation of federal funds to this
| ||||||
18 | State, the Department may grant an exemption to that
| ||||||
19 | requirement, but only to the minimum extent necessary to | ||||||
20 | ensure the continued receipt of federal funds.
| ||||||
21 | (Source: P.A. 102-1117, eff. 1-13-23.) | ||||||
22 | Section 10. The Nurse Practice Act is amended by changing | ||||||
23 | Sections 65-11 and 65-11.5 as follows: | ||||||
24 | (225 ILCS 65/65-11) |
| |||||||
| |||||||
1 | Sec. 65-11. Temporary permit for advanced practice | ||||||
2 | registered nurses for health care. | ||||||
3 | (a) The Department may issue a temporary permit to an | ||||||
4 | applicant who is licensed to practice as an advanced practice | ||||||
5 | registered nurse in another state. The temporary permit will | ||||||
6 | authorize the practice of providing health care to patients in | ||||||
7 | this State, with a collaborating physician in this State, if | ||||||
8 | all of the following apply: | ||||||
9 | (1) The Department determines that the applicant's | ||||||
10 | services will improve the welfare of Illinois residents | ||||||
11 | and non-residents requiring health care services. | ||||||
12 | (2) The applicant has obtained a graduate degree | ||||||
13 | appropriate for national
certification in a clinical | ||||||
14 | advanced practice registered nursing specialty or a | ||||||
15 | graduate degree or post-master's certificate from a | ||||||
16 | graduate level program in a clinical advanced practice | ||||||
17 | registered nursing specialty; the applicant has submitted | ||||||
18 | verification of licensure status in good standing in the | ||||||
19 | applicant's current state or territory of licensure; and | ||||||
20 | the applicant can furnish the Department with a certified | ||||||
21 | letter upon request from that jurisdiction attesting to | ||||||
22 | the fact that the applicant has no pending action or | ||||||
23 | violations against the applicant's license. | ||||||
24 | The Department will not consider an advanced practice | ||||||
25 | registered nurse's license being revoked or otherwise
| ||||||
26 | disciplined by any state or territory based solely on the
|
| |||||||
| |||||||
1 | advanced practice registered nurse providing, authorizing,
| ||||||
2 | recommending, aiding, assisting, referring for, or
| ||||||
3 | otherwise participating in any health care service that is
| ||||||
4 | unlawful or prohibited in that state or territory, if the
| ||||||
5 | provision of, authorization of, or participation in that
| ||||||
6 | health care, medical service, or procedure related to any
| ||||||
7 | health care service is not unlawful or prohibited in this
| ||||||
8 | State. | ||||||
9 | (3) The applicant has sufficient training and | ||||||
10 | possesses the appropriate core competencies to provide | ||||||
11 | health care services, and is physically, mentally, and | ||||||
12 | professionally capable of practicing as an advanced | ||||||
13 | practice registered nurse with reasonable judgment, skill, | ||||||
14 | and safety and in accordance with applicable standards of | ||||||
15 | care. | ||||||
16 | (4) The applicant has met the written collaborative | ||||||
17 | agreement requirements under Section 65-35. | ||||||
18 | (5) The applicant will be working pursuant to an | ||||||
19 | agreement with a sponsoring licensed hospital, medical | ||||||
20 | office, clinic, or other medical facility providing health | ||||||
21 | care services. Such agreement shall be executed by an | ||||||
22 | authorized representative of the licensed hospital, | ||||||
23 | medical office, clinic, or other medical facility, | ||||||
24 | certifying that the advanced practice registered nurse | ||||||
25 | holds an active license and is in good standing in the | ||||||
26 | state in which they are licensed. If an applicant for a |
| |||||||
| |||||||
1 | temporary permit has been previously disciplined by | ||||||
2 | another jurisdiction, except as described in paragraph (2) | ||||||
3 | of subsection (a), further review may be conducted | ||||||
4 | pursuant to the Civil Administrative Code of Illinois and | ||||||
5 | this Act. The application shall include the advanced | ||||||
6 | practice registered nurse's name, contact information, | ||||||
7 | state of licensure, and license number. | ||||||
8 | (6) Payment of a $75 fee. | ||||||
9 | The sponsoring licensed hospital, medical office, clinic, | ||||||
10 | or other medical facility engaged in the agreement with the | ||||||
11 | applicant shall notify the Department should the applicant at | ||||||
12 | any point leave or become separate from the sponsor. | ||||||
13 | The Department may adopt rules to carry out this Section. | ||||||
14 | (b) A temporary permit under this Section shall expire 2 | ||||||
15 | years after the date of issuance. The temporary permit may be | ||||||
16 | renewed for a $45 fee for an additional 2 years. A holder of a | ||||||
17 | temporary permit may only renew one time. | ||||||
18 | (c) The temporary permit shall only permit the holder to | ||||||
19 | practice as an advanced practice registered nurse with a | ||||||
20 | collaborating physician who provides health care services at | ||||||
21 | the location or locations specified on the permit or via | ||||||
22 | telehealth. | ||||||
23 | (d) An application for the temporary permit shall be made | ||||||
24 | to the Department, in writing, on forms prescribed by the | ||||||
25 | Department, and shall be accompanied by a non-refundable fee | ||||||
26 | of $75. The Department shall grant or deny an applicant a |
| |||||||
| |||||||
1 | temporary permit within 60 days of receipt of a completed | ||||||
2 | application. The Department shall notify the applicant of any | ||||||
3 | deficiencies in the applicant's application materials | ||||||
4 | requiring corrections in a timely manner. | ||||||
5 | (e) An applicant for temporary permit may be requested to | ||||||
6 | appear before the Board to respond to questions concerning the | ||||||
7 | applicant's qualifications to receive the permit. An | ||||||
8 | applicant's refusal to appear before the Board of Nursing may | ||||||
9 | be grounds for denial of the application by the Department. | ||||||
10 | (f) The Secretary may summarily cancel any temporary | ||||||
11 | permit issued pursuant to this Section, without a hearing, if | ||||||
12 | the Secretary finds that evidence in his or her possession | ||||||
13 | indicates that a permit holder's continuation in practice | ||||||
14 | would constitute an imminent danger to the public or violate | ||||||
15 | any provision of this Act or its rules. | ||||||
16 | If the Secretary summarily cancels a temporary permit | ||||||
17 | issued pursuant to this Section or Act, the permit holder may | ||||||
18 | petition the Department for a hearing in accordance with the | ||||||
19 | provisions of Section 70-125 to restore his or her permit, | ||||||
20 | unless the permit holder has exceeded his or her renewal | ||||||
21 | limit. | ||||||
22 | (g) In addition to terminating any temporary permit issued | ||||||
23 | pursuant to this Section or Act, the Department may issue a | ||||||
24 | monetary penalty not to exceed $10,000 upon the temporary | ||||||
25 | permit holder and may notify any state in which the temporary | ||||||
26 | permit holder has been issued a permit that his or her Illinois |
| |||||||
| |||||||
1 | permit has been terminated and the reasons for the | ||||||
2 | termination. The monetary penalty shall be paid within 60 days | ||||||
3 | after the effective date of the order imposing the penalty. | ||||||
4 | The order shall constitute a judgment and may be filed, and | ||||||
5 | execution had thereon in the same manner as any judgment from | ||||||
6 | any court of record. It is the intent of the General Assembly | ||||||
7 | that a permit issued pursuant to this Section shall be | ||||||
8 | considered a privilege and not a property right. | ||||||
9 | (h) While working in Illinois, all temporary permit | ||||||
10 | holders are subject to all statutory and regulatory | ||||||
11 | requirements of this Act in the same manner as a licensee. | ||||||
12 | Failure to adhere to all statutory and regulatory requirements | ||||||
13 | may result in revocation or other discipline of the temporary | ||||||
14 | permit. | ||||||
15 | (i) If the Department becomes aware of a violation | ||||||
16 | occurring at the facility licensed by the Department of Public | ||||||
17 | Health, licensed hospital, medical office, clinic, or other | ||||||
18 | medical facility, or via telehealth service, the Department | ||||||
19 | shall notify the Department of Public Health. | ||||||
20 | (j) The Department may adopt emergency rules pursuant to | ||||||
21 | this Section. The General Assembly finds that the adoption of | ||||||
22 | rules to implement a temporary permit for health care services | ||||||
23 | is deemed an emergency and necessary for the public interest, | ||||||
24 | safety, and welfare.
| ||||||
25 | (Source: P.A. 102-1117, eff. 1-13-23.) |
| |||||||
| |||||||
1 | (225 ILCS 65/65-11.5) | ||||||
2 | Sec. 65-11.5. Temporary permit for full practice advanced | ||||||
3 | practice registered nurses for health care. | ||||||
4 | (a) The Department may issue a full practice advanced | ||||||
5 | practice registered nurse temporary permit to an applicant who | ||||||
6 | is licensed to practice as an advanced practice registered | ||||||
7 | nurse in another state. The temporary permit will authorize | ||||||
8 | the practice of providing health care to patients in this | ||||||
9 | State if all of the following apply: | ||||||
10 | (1) The Department determines that the applicant's | ||||||
11 | services will improve the welfare of Illinois residents | ||||||
12 | and non-residents requiring health care services. | ||||||
13 | (2) The applicant has obtained a graduate degree | ||||||
14 | appropriate for national
certification in a clinical | ||||||
15 | advanced practice registered nursing specialty or a | ||||||
16 | graduate degree or post-master's certificate from a | ||||||
17 | graduate level program in a clinical advanced practice | ||||||
18 | registered nursing specialty; the applicant is certified | ||||||
19 | as a nurse practitioner, nurse midwife, or clinical nurse | ||||||
20 | specialist; the applicant has submitted verification of | ||||||
21 | licensure status in good standing in the applicant's | ||||||
22 | current state or territory of licensure; and the applicant | ||||||
23 | can furnish the Department with a certified letter upon | ||||||
24 | request from that jurisdiction attesting to the fact that | ||||||
25 | the applicant has no pending action or violations against | ||||||
26 | the applicant's license. |
| |||||||
| |||||||
1 | The Department shall not consider an advanced practice | ||||||
2 | registered nurse's license being revoked or otherwise | ||||||
3 | disciplined by any state or territory for the provision | ||||||
4 | of, authorization of, or participation in any health care, | ||||||
5 | medical service, or procedure related to an abortion on | ||||||
6 | the basis that such health care, medical service, or | ||||||
7 | procedure related to an abortion is unlawful or prohibited | ||||||
8 | in that state or territory, if the provision of, | ||||||
9 | authorization of, or participation in that health care, | ||||||
10 | medical service, or procedure related to an abortion is | ||||||
11 | not unlawful or prohibited in this State. | ||||||
12 | (3) The applicant has sufficient training and | ||||||
13 | possesses the appropriate core competencies to provide | ||||||
14 | health care services, and is physically, mentally, and | ||||||
15 | professionally capable of practicing as an advanced | ||||||
16 | practice registered nurse with reasonable judgment, skill, | ||||||
17 | and safety and in accordance with applicable standards of | ||||||
18 | care. | ||||||
19 | (4) The applicant will be working pursuant to an | ||||||
20 | agreement with a sponsoring licensed hospital, medical | ||||||
21 | office, clinic, or other medical facility providing health | ||||||
22 | care services. Such agreement shall be executed by an | ||||||
23 | authorized representative of the licensed hospital, | ||||||
24 | medical office, clinic, or other medical facility, | ||||||
25 | certifying that the advanced practice registered nurse | ||||||
26 | holds an active license and is in good standing in the |
| |||||||
| |||||||
1 | state in which they are licensed. If an applicant for a | ||||||
2 | temporary permit has been previously disciplined by | ||||||
3 | another jurisdiction, except as described in paragraph (2) | ||||||
4 | of subsection (a), further review may be conducted | ||||||
5 | pursuant to the Civil Administrative Code of Illinois and | ||||||
6 | this Act. The application shall include the advanced | ||||||
7 | practice registered nurse's name, contact information, | ||||||
8 | state of licensure, and license number. | ||||||
9 | (5) Payment of a $75 fee. | ||||||
10 | The sponsoring licensed hospital, medical office, clinic, | ||||||
11 | or other medical facility engaged in the agreement with the | ||||||
12 | applicant shall notify the Department should the applicant at | ||||||
13 | any point leave or become separate from the sponsor. | ||||||
14 | The Department may adopt rules to carry out this Section. | ||||||
15 | (b) A temporary permit under this Section shall expire 2 | ||||||
16 | years after the date of issuance. The temporary permit may be | ||||||
17 | renewed for a $45 fee for an additional 2 years. A holder of a | ||||||
18 | temporary permit may only renew one time. | ||||||
19 | (c) The temporary permit shall only permit the holder to | ||||||
20 | practice as a full practice advanced practice registered nurse | ||||||
21 | within the scope of providing health care services at the | ||||||
22 | location or locations specified on the permit or via | ||||||
23 | telehealth service. | ||||||
24 | (d) An application for the temporary permit shall be made | ||||||
25 | to the Department, in writing, on forms prescribed by the | ||||||
26 | Department, and shall be accompanied by a non-refundable fee |
| |||||||
| |||||||
1 | of $75. | ||||||
2 | (e) An applicant for temporary permit may be requested to | ||||||
3 | appear before the Board to respond to questions concerning the | ||||||
4 | applicant's qualifications to receive the permit. An | ||||||
5 | applicant's refusal to appear before the Board of Nursing may | ||||||
6 | be grounds for denial of the application by the Department. | ||||||
7 | (f) The Secretary may summarily cancel any temporary | ||||||
8 | permit issued pursuant to this Section, without a hearing, if | ||||||
9 | the Secretary finds that evidence in his or her possession | ||||||
10 | indicates that a permit holder's continuation in practice | ||||||
11 | would constitute an imminent danger to the public or violate | ||||||
12 | any provision of this Act or its rules. | ||||||
13 | If the Secretary summarily cancels a temporary permit | ||||||
14 | issued pursuant to this Section or Act, the permit holder may | ||||||
15 | petition the Department for a hearing in accordance with the | ||||||
16 | provisions of Section 70-125 of this Act to restore his or her | ||||||
17 | permit, unless the permit holder has exceeded his or her | ||||||
18 | renewal limit. | ||||||
19 | (g) In addition to terminating any temporary permit issued | ||||||
20 | pursuant to this Section or Act, the Department may issue a | ||||||
21 | monetary penalty not to exceed $10,000 upon the temporary | ||||||
22 | permit holder and may notify any state in which the temporary | ||||||
23 | permit holder has been issued a permit that his or her Illinois | ||||||
24 | permit has been terminated and the reasons for the | ||||||
25 | termination. The monetary penalty shall be paid within 60 days | ||||||
26 | after the effective date of the order imposing the penalty. |
| |||||||
| |||||||
1 | The order shall constitute a judgment and may be filed, and | ||||||
2 | execution had thereon in the same manner as any judgment from | ||||||
3 | any court of record. It is the intent of the General Assembly | ||||||
4 | that a permit issued pursuant to this Section shall be | ||||||
5 | considered a privilege and not a property right. | ||||||
6 | (h) While working in Illinois, all temporary permit | ||||||
7 | holders are subject to all statutory and regulatory | ||||||
8 | requirements of this Act in the same manner as a licensee. | ||||||
9 | Failure to adhere to all statutory and regulatory requirements | ||||||
10 | may result in revocation or other discipline of the temporary | ||||||
11 | permit. | ||||||
12 | (i) If the Department becomes aware of a violation | ||||||
13 | occurring at the facility licensed by the Department of Public | ||||||
14 | Health, licensed hospital, medical office, clinic, or other | ||||||
15 | medical facility, or via telehealth service, the Department | ||||||
16 | shall notify the Department of Public Health. | ||||||
17 | (j) The Department may adopt emergency rules pursuant to | ||||||
18 | this Section. The General Assembly finds that the adoption of | ||||||
19 | rules to implement a temporary permit for health care services | ||||||
20 | is deemed an emergency and necessary for the public interest, | ||||||
21 | safety, and welfare.
| ||||||
22 | (Source: P.A. 102-1117, eff. 1-13-23.) | ||||||
23 | Section 15. The Pharmacy Practice Act is amended by | ||||||
24 | changing Section 43.5 as follows: |
| |||||||
| |||||||
1 | (225 ILCS 85/43.5) | ||||||
2 | (Section scheduled to be repealed on January 1, 2028) | ||||||
3 | Sec. 43.5. HIV prophylaxis. In accordance with a standing | ||||||
4 | order by a physician licensed to practice medicine in all its | ||||||
5 | branches or the medical director of a county or local health | ||||||
6 | department or a standing order by the Department of Public | ||||||
7 | Health , a pharmacist may provide patients with prophylaxis | ||||||
8 | drugs for human immunodeficiency virus pre-exposure | ||||||
9 | prophylaxis or post-exposure prophylaxis. | ||||||
10 | A pharmacist may provide initial assessment and dispensing | ||||||
11 | of prophylaxis drugs for human immunodeficiency virus | ||||||
12 | pre-exposure prophylaxis or post-exposure prophylaxis. If a | ||||||
13 | patient's HIV test results are reactive, the pharmacist shall | ||||||
14 | refer the patient to an appropriate health care professional | ||||||
15 | or clinic. If the patient's HIV test results are nonreactive, | ||||||
16 | the pharmacist may initiate human immunodeficiency virus | ||||||
17 | pre-exposure prophylaxis or post-exposure prophylaxis to | ||||||
18 | eligible patients. | ||||||
19 | The standing order must be consistent with the current | ||||||
20 | version of the guidelines of the Centers for Disease Control | ||||||
21 | and Prevention, guidelines of the United States Preventive | ||||||
22 | Services Task Force, or generally recognized evidence-based | ||||||
23 | clinical guidelines. | ||||||
24 | A pharmacist must communicate the services provided under | ||||||
25 | this Section to the patient and the patient's primary health | ||||||
26 | care provider or other health care professional or clinic, if |
| |||||||
| |||||||
1 | known. If there is no primary health care provider provided by | ||||||
2 | the patient, then the pharmacist shall give the patient a list | ||||||
3 | of primary health care providers, other health care | ||||||
4 | professionals, and clinics in the area. | ||||||
5 | The services provided under this Section shall be | ||||||
6 | appropriately documented and retained in a confidential manner | ||||||
7 | consistent with State HIV confidentiality requirements. | ||||||
8 | The services provided under this Section shall take place | ||||||
9 | in a private manner. | ||||||
10 | A pharmacist shall complete an educational training | ||||||
11 | program accredited by the Accreditation Council for Pharmacy | ||||||
12 | Education and approved by the Department that is related to | ||||||
13 | the initiation, dispensing, or administration of drugs, | ||||||
14 | laboratory tests, assessments, referrals, and consultations | ||||||
15 | for human immunodeficiency virus pre-exposure prophylaxis and | ||||||
16 | human immunodeficiency virus post-exposure prophylaxis.
| ||||||
17 | (Source: P.A. 102-1051, eff. 1-1-23 .) | ||||||
18 | Section 20. The Physician Assistant Practice Act of 1987 | ||||||
19 | is amended by changing Section 9.7 as follows: | ||||||
20 | (225 ILCS 95/9.7) | ||||||
21 | Sec. 9.7. Temporary permit for health care. | ||||||
22 | (a) The Department may issue a temporary permit to an | ||||||
23 | applicant who is licensed to practice as a physician assistant | ||||||
24 | in another state. The temporary permit will authorize the |
| |||||||
| |||||||
1 | practice of providing health care to patients in this State, | ||||||
2 | with a collaborating physician in this State, if all of the | ||||||
3 | following apply: | ||||||
4 | (1) The Department determines that the applicant's | ||||||
5 | services will improve the welfare of Illinois residents | ||||||
6 | and non-residents requiring health care services. | ||||||
7 | (2) The applicant has obtained certification by the | ||||||
8 | National Commission on Certification of Physician | ||||||
9 | Assistants or its successor agency; the applicant has | ||||||
10 | submitted verification of licensure status in good | ||||||
11 | standing in the applicant's current state or territory of | ||||||
12 | licensure; and the applicant can furnish the Department | ||||||
13 | with a certified letter upon request from that | ||||||
14 | jurisdiction attesting to the fact that the applicant has | ||||||
15 | no pending action or violations against the applicant's | ||||||
16 | license. | ||||||
17 | The Department will not consider a physician | ||||||
18 | assistant's license being revoked or otherwise disciplined | ||||||
19 | by any state or territory based solely on the physician | ||||||
20 | providing, authorizing, recommending, aiding, assisting, | ||||||
21 | referring for, or otherwise participating in any health | ||||||
22 | care service that is unlawful or prohibited in that state | ||||||
23 | or territory, if the provision of, authorization of, or | ||||||
24 | participation in that health care service, medical | ||||||
25 | service, or procedure related to any health care service | ||||||
26 | is not unlawful or prohibited in this State. |
| |||||||
| |||||||
1 | (3) The applicant has sufficient training and | ||||||
2 | possesses the appropriate core competencies to provide | ||||||
3 | health care services, and is physically, mentally, and | ||||||
4 | professionally capable of practicing as a physician | ||||||
5 | assistant with reasonable judgment, skill, and safety and | ||||||
6 | in accordance with applicable standards of care. | ||||||
7 | (4) The applicant has met the written collaborative | ||||||
8 | agreement requirements under subsection (a) of Section | ||||||
9 | 7.5. | ||||||
10 | (5) The applicant will be working pursuant to an | ||||||
11 | agreement with a sponsoring licensed hospital, medical | ||||||
12 | office, clinic, or other medical facility providing health | ||||||
13 | care services. Such agreement shall be executed by an | ||||||
14 | authorized representative of the licensed hospital, | ||||||
15 | medical office, clinic, or other medical facility, | ||||||
16 | certifying that the physician assistant holds an active | ||||||
17 | license and is in good standing in the state in which they | ||||||
18 | are licensed. If an applicant for a temporary permit has | ||||||
19 | been previously disciplined by another jurisdiction, | ||||||
20 | except as described in paragraph (2) of subsection (a), | ||||||
21 | further review may be conducted pursuant to the Civil | ||||||
22 | Administrative Code of Illinois and this Act. The | ||||||
23 | application shall include the physician assistant's name, | ||||||
24 | contact information, state of licensure, and license | ||||||
25 | number. | ||||||
26 | (6) Payment of a $75 fee. |
| |||||||
| |||||||
1 | The sponsoring licensed hospital, medical office, clinic, | ||||||
2 | or other medical facility engaged in the agreement with the | ||||||
3 | applicant shall notify the Department should the applicant at | ||||||
4 | any point leave or become separate from the sponsor. | ||||||
5 | The Department may adopt rules to carry out this Section. | ||||||
6 | (b) A temporary permit under this Section shall expire 2 | ||||||
7 | years after the date of issuance. The temporary permit may be | ||||||
8 | renewed for a $45 fee for an additional 2 years. A holder of a | ||||||
9 | temporary permit may only renew one time. | ||||||
10 | (c) The temporary permit shall only permit the holder to | ||||||
11 | practice as a physician assistant with a collaborating | ||||||
12 | physician who provides health care services with the sponsor | ||||||
13 | specified on the permit. | ||||||
14 | (d) An application for the temporary permit shall be made | ||||||
15 | to the Department, in writing, on forms prescribed by the | ||||||
16 | Department, and shall be accompanied by a non-refundable fee | ||||||
17 | of $75. The Department shall grant or deny an applicant a | ||||||
18 | temporary permit within 60 days of receipt of a completed | ||||||
19 | application. The Department shall notify the applicant of any | ||||||
20 | deficiencies in the applicant's application materials | ||||||
21 | requiring corrections in a timely manner. | ||||||
22 | (e) An applicant for a temporary permit may be requested | ||||||
23 | to appear before the Board to respond to questions concerning | ||||||
24 | the applicant's qualifications to receive the permit. An | ||||||
25 | applicant's refusal to appear before the Board may be grounds | ||||||
26 | for denial of the application by the Department. |
| |||||||
| |||||||
1 | (f) The Secretary may summarily cancel any temporary | ||||||
2 | permit issued pursuant to this Section, without a hearing, if | ||||||
3 | the Secretary finds that evidence in his or her possession | ||||||
4 | indicates that a permit holder's continuation in practice | ||||||
5 | would constitute an imminent danger to the public or violate | ||||||
6 | any provision of this Act or its rules. If the Secretary | ||||||
7 | summarily cancels a temporary permit issued pursuant to this | ||||||
8 | Section or Act, the permit holder may petition the Department | ||||||
9 | for a hearing in accordance with the provisions of Section | ||||||
10 | 22.11 to restore his or her permit, unless the permit holder | ||||||
11 | has exceeded his or her renewal limit. | ||||||
12 | (g) In addition to terminating any temporary permit issued | ||||||
13 | pursuant to this Section or Act, the Department may issue a | ||||||
14 | monetary penalty not to exceed $10,000 upon the temporary | ||||||
15 | permit holder and may notify any state in which the temporary | ||||||
16 | permit holder has been issued a permit that his or her Illinois | ||||||
17 | permit has been terminated and the reasons for that | ||||||
18 | termination. The monetary penalty shall be paid within 60 days | ||||||
19 | after the effective date of the order imposing the penalty. | ||||||
20 | The order shall constitute a judgment and may be filed, and | ||||||
21 | execution had thereon in the same manner as any judgment from | ||||||
22 | any court of record. It is the intent of the General Assembly | ||||||
23 | that a permit issued pursuant to this Section shall be | ||||||
24 | considered a privilege and not a property right. | ||||||
25 | (h) While working in Illinois, all temporary permit | ||||||
26 | holders are subject to all statutory and regulatory |
| |||||||
| |||||||
1 | requirements of this Act in the same manner as a licensee. | ||||||
2 | Failure to adhere to all statutory and regulatory requirements | ||||||
3 | may result in revocation or other discipline of the temporary | ||||||
4 | permit. | ||||||
5 | (i) If the Department becomes aware of a violation | ||||||
6 | occurring at the facility licensed by the Department of Public | ||||||
7 | Health, licensed hospital, medical office, clinic, or other | ||||||
8 | medical facility, or occurring via telehealth services, the | ||||||
9 | Department shall notify the Department of Public Health. | ||||||
10 | (j) The Department may adopt emergency rules pursuant to | ||||||
11 | this Section. The General Assembly finds that the adoption of | ||||||
12 | rules to implement a temporary permit for health care services | ||||||
13 | is deemed an emergency and necessary for the public interest, | ||||||
14 | safety, and welfare.
| ||||||
15 | (Source: P.A. 102-1117, eff. 1-13-23.) | ||||||
16 | Section 25. The Abortion Care Clinical Training Program | ||||||
17 | Act is amended by changing Section 16-15 as follows: | ||||||
18 | (410 ILCS 185/16-15)
| ||||||
19 | Sec. 16-15. Program administration and reporting. | ||||||
20 | (a) Subject to appropriation to the Fund, the Department | ||||||
21 | shall contract with at least one coordinating organization to | ||||||
22 | administer the Program. The Department shall use the Fund to | ||||||
23 | contract with the coordinating organization. | ||||||
24 | (b) A coordinating organization contracted by the |
| |||||||
| |||||||
1 | Department to administer the Program shall: | ||||||
2 | (1) submit an annual report to the Department | ||||||
3 | regarding Program performance, including the number of | ||||||
4 | participants enrolled, the demographics of Program | ||||||
5 | participants, the number of participants who successfully | ||||||
6 | complete the Program, the outcome of successful Program | ||||||
7 | participants, and the level of involvement of the | ||||||
8 | participants in providing abortion and other forms of | ||||||
9 | reproductive health care in Illinois; and | ||||||
10 | (2) meet any other requirements established by the | ||||||
11 | Department that are not inconsistent with this Act. | ||||||
12 | (c) The Department shall release the name of any | ||||||
13 | coordinating organization it coordinates with and any entity | ||||||
14 | receiving funds to assist in the implementation of this | ||||||
15 | Program through the coordinating organization. The Department | ||||||
16 | shall not release the name of any individual person or health | ||||||
17 | care professional administering services through or | ||||||
18 | participating in the Program. The Department shall, by rule, | ||||||
19 | establish procedures to ensure that sensitive Program | ||||||
20 | information, including any personal information and | ||||||
21 | information that, if released, could endanger the life or | ||||||
22 | physical safety of program participants, remains confidential. | ||||||
23 | (d) Any coordinating organization or other entity | ||||||
24 | receiving funds to implement this Program is subject to the | ||||||
25 | requirements of the Grant Accountability and Transparency Act.
| ||||||
26 | (e) All reports received by the Department in accordance |
| |||||||
| |||||||
1 | with this Section shall be treated as confidential and exempt | ||||||
2 | from the Freedom of Information Act. | ||||||
3 | (Source: P.A. 102-1117, eff. 1-13-23.) | ||||||
4 | Section 95. No acceleration or delay. Where this Act makes | ||||||
5 | changes in a statute that is represented in this Act by text | ||||||
6 | that is not yet or no longer in effect (for example, a Section | ||||||
7 | represented by multiple versions), the use of that text does | ||||||
8 | not accelerate or delay the taking effect of (i) the changes | ||||||
9 | made by this Act or (ii) provisions derived from any other | ||||||
10 | Public Act.
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|