SB1344 EnrolledLRB103 28584 LNS 54965 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Freedom of Information Act is amended by
5changing 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
10record that contains information that is exempt from
11disclosure under this Section, but also contains information
12that is not exempt from disclosure, the public body may elect
13to redact the information that is exempt. The public body
14shall make the remaining information available for inspection
15and copying. Subject to this requirement, the following shall
16be 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

 

 

SB1344 Enrolled- 2 -LRB103 28584 LNS 54965 b

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;

 

 

SB1344 Enrolled- 3 -LRB103 28584 LNS 54965 b

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;

 

 

SB1344 Enrolled- 4 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 5 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 6 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 7 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 8 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 9 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 10 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 11 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 12 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 13 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 14 -LRB103 28584 LNS 54965 b

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.

 

 

SB1344 Enrolled- 15 -LRB103 28584 LNS 54965 b

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
25Judicial Privacy Act shall be redacted from public records
26prior to disclosure under this Act.

 

 

SB1344 Enrolled- 16 -LRB103 28584 LNS 54965 b

1    (2) A public record that is not in the possession of a
2public body but is in the possession of a party with whom the
3agency has contracted to perform a governmental function on
4behalf of the public body, and that directly relates to the
5governmental function and is not otherwise exempt under this
6Act, shall be considered a public record of the public body,
7for purposes of this Act.
8    (3) This Section does not authorize withholding of
9information or limit the availability of records to the
10public, except as stated in this Section or otherwise provided
11in this Act.
12(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
13101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
146-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
15eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
16102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
1712-13-22.)
 
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
21record that contains information that is exempt from
22disclosure under this Section, but also contains information
23that is not exempt from disclosure, the public body may elect
24to redact the information that is exempt. The public body
25shall make the remaining information available for inspection

 

 

SB1344 Enrolled- 17 -LRB103 28584 LNS 54965 b

1and copying. Subject to this requirement, the following shall
2be 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.

 

 

SB1344 Enrolled- 18 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 19 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 20 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 21 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 22 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 23 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 24 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 25 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 26 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 27 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 28 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 29 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 30 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 31 -LRB103 28584 LNS 54965 b

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
8Judicial Privacy Act shall be redacted from public records
9prior to disclosure under this Act.
10    (2) A public record that is not in the possession of a
11public body but is in the possession of a party with whom the
12agency has contracted to perform a governmental function on
13behalf of the public body, and that directly relates to the
14governmental function and is not otherwise exempt under this
15Act, shall be considered a public record of the public body,
16for purposes of this Act.
17    (3) This Section does not authorize withholding of
18information or limit the availability of records to the
19public, except as stated in this Section or otherwise provided
20in this Act.
21(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
22101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
236-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
24eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
25102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
266-10-22; revised 12-13-22.)
 

 

 

SB1344 Enrolled- 32 -LRB103 28584 LNS 54965 b

1    Section 5. The Illinois Insurance Code is amended by
2changing Section 356z.60 as follows:
 
3    (215 ILCS 5/356z.60)
4    Sec. 356z.60. Coverage for abortifacients, hormonal
5therapy, and human immunodeficiency virus pre-exposure
6prophylaxis and post-exposure prophylaxis.
7    (a) As used in this Section:
8    "Abortifacients" means any medication administered to
9terminate a pregnancy as prescribed or ordered by a health
10care professional.
11    "Health care professional" means a physician licensed to
12practice medicine in all of its branches, licensed advanced
13practice registered nurse, or physician assistant.
14    "Hormonal therapy medication" means hormonal treatment
15administered to treat gender dysphoria.
16    "Therapeutic equivalent version" means drugs, devices, or
17products that can be expected to have the same clinical effect
18and safety profile when administered to patients under the
19conditions specified in the labeling and that satisfy the
20following 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

 

 

SB1344 Enrolled- 33 -LRB103 28584 LNS 54965 b

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
16insurance amended, delivered, issued, or renewed in this State
17on or after January 1, 2024 shall provide coverage for all
18abortifacients, hormonal therapy medication, human
19immunodeficiency virus pre-exposure prophylaxis, and
20post-exposure prophylaxis drugs approved by the United States
21Food and Drug Administration, and follow-up services related
22to that coverage, including, but not limited to, management of
23side effects, medication self-management or adherence
24counseling, risk reduction strategies, and mental health
25counseling. This coverage shall include drugs approved by the
26United States Food and Drug Administration that are prescribed

 

 

SB1344 Enrolled- 34 -LRB103 28584 LNS 54965 b

1or ordered for off-label use for the purposes described in
2this Section.
3    (c) The coverage required under subsection (b) is subject
4to 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
25to drugs prescribed for off-label use as abortifacients.
26    (d) Except as otherwise provided in this Section, a policy

 

 

SB1344 Enrolled- 35 -LRB103 28584 LNS 54965 b

1subject to this Section shall not impose a deductible,
2coinsurance, copayment, or any other cost-sharing requirement
3on the coverage provided. The provisions of this subsection do
4not apply to coverage of procedures to the extent such
5coverage would disqualify a high-deductible health plan from
6eligibility for a health savings account pursuant to the
7federal Internal Revenue Code, 26 U.S.C. 223.
8    (e) Except as otherwise authorized under this Section, a
9policy shall not impose any restrictions or delays on the
10coverage required under this Section.
11    (f) The coverage requirements in this Section for
12abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),
13apply to a multistate plan that does not provide coverage for
14abortion.
15    (g) If the Department concludes that enforcement of any
16coverage requirement of this Section for abortifacients may
17adversely affect the allocation of federal funds to this
18State, the Department may grant an exemption to that
19requirement, but only to the minimum extent necessary to
20ensure 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
23Sections 65-11 and 65-11.5 as follows:
 
24    (225 ILCS 65/65-11)

 

 

SB1344 Enrolled- 36 -LRB103 28584 LNS 54965 b

1    Sec. 65-11. Temporary permit for advanced practice
2registered nurses for health care.
3    (a) The Department may issue a temporary permit to an
4applicant who is licensed to practice as an advanced practice
5registered nurse in another state. The temporary permit will
6authorize the practice of providing health care to patients in
7this State, with a collaborating physician in this State, if
8all 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

 

 

SB1344 Enrolled- 37 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 38 -LRB103 28584 LNS 54965 b

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,
10or other medical facility engaged in the agreement with the
11applicant shall notify the Department should the applicant at
12any 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
15years after the date of issuance. The temporary permit may be
16renewed for a $45 fee for an additional 2 years. A holder of a
17temporary permit may only renew one time.
18    (c) The temporary permit shall only permit the holder to
19practice as an advanced practice registered nurse with a
20collaborating physician who provides health care services at
21the location or locations specified on the permit or via
22telehealth.
23    (d) An application for the temporary permit shall be made
24to the Department, in writing, on forms prescribed by the
25Department, and shall be accompanied by a non-refundable fee
26of $75. The Department shall grant or deny an applicant a

 

 

SB1344 Enrolled- 39 -LRB103 28584 LNS 54965 b

1temporary permit within 60 days of receipt of a completed
2application. The Department shall notify the applicant of any
3deficiencies in the applicant's application materials
4requiring corrections in a timely manner.
5    (e) An applicant for temporary permit may be requested to
6appear before the Board to respond to questions concerning the
7applicant's qualifications to receive the permit. An
8applicant's refusal to appear before the Board of Nursing may
9be grounds for denial of the application by the Department.
10    (f) The Secretary may summarily cancel any temporary
11permit issued pursuant to this Section, without a hearing, if
12the Secretary finds that evidence in his or her possession
13indicates that a permit holder's continuation in practice
14would constitute an imminent danger to the public or violate
15any provision of this Act or its rules.
16    If the Secretary summarily cancels a temporary permit
17issued pursuant to this Section or Act, the permit holder may
18petition the Department for a hearing in accordance with the
19provisions of Section 70-125 to restore his or her permit,
20unless the permit holder has exceeded his or her renewal
21limit.
22    (g) In addition to terminating any temporary permit issued
23pursuant to this Section or Act, the Department may issue a
24monetary penalty not to exceed $10,000 upon the temporary
25permit holder and may notify any state in which the temporary
26permit holder has been issued a permit that his or her Illinois

 

 

SB1344 Enrolled- 40 -LRB103 28584 LNS 54965 b

1permit has been terminated and the reasons for the
2termination. The monetary penalty shall be paid within 60 days
3after the effective date of the order imposing the penalty.
4The order shall constitute a judgment and may be filed, and
5execution had thereon in the same manner as any judgment from
6any court of record. It is the intent of the General Assembly
7that a permit issued pursuant to this Section shall be
8considered a privilege and not a property right.
9    (h) While working in Illinois, all temporary permit
10holders are subject to all statutory and regulatory
11requirements of this Act in the same manner as a licensee.
12Failure to adhere to all statutory and regulatory requirements
13may result in revocation or other discipline of the temporary
14permit.
15    (i) If the Department becomes aware of a violation
16occurring at the facility licensed by the Department of Public
17Health, licensed hospital, medical office, clinic, or other
18medical facility, or via telehealth service, the Department
19shall notify the Department of Public Health.
20    (j) The Department may adopt emergency rules pursuant to
21this Section. The General Assembly finds that the adoption of
22rules to implement a temporary permit for health care services
23is deemed an emergency and necessary for the public interest,
24safety, and welfare.
25(Source: P.A. 102-1117, eff. 1-13-23.)
 

 

 

SB1344 Enrolled- 41 -LRB103 28584 LNS 54965 b

1    (225 ILCS 65/65-11.5)
2    Sec. 65-11.5. Temporary permit for full practice advanced
3practice registered nurses for health care.
4    (a) The Department may issue a full practice advanced
5practice registered nurse temporary permit to an applicant who
6is licensed to practice as an advanced practice registered
7nurse in another state. The temporary permit will authorize
8the practice of providing health care to patients in this
9State 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.

 

 

SB1344 Enrolled- 42 -LRB103 28584 LNS 54965 b

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

 

 

SB1344 Enrolled- 43 -LRB103 28584 LNS 54965 b

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,
11or other medical facility engaged in the agreement with the
12applicant shall notify the Department should the applicant at
13any 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
16years after the date of issuance. The temporary permit may be
17renewed for a $45 fee for an additional 2 years. A holder of a
18temporary permit may only renew one time.
19    (c) The temporary permit shall only permit the holder to
20practice as a full practice advanced practice registered nurse
21within the scope of providing health care services at the
22location or locations specified on the permit or via
23telehealth service.
24    (d) An application for the temporary permit shall be made
25to the Department, in writing, on forms prescribed by the
26Department, and shall be accompanied by a non-refundable fee

 

 

SB1344 Enrolled- 44 -LRB103 28584 LNS 54965 b

1of $75.
2    (e) An applicant for temporary permit may be requested to
3appear before the Board to respond to questions concerning the
4applicant's qualifications to receive the permit. An
5applicant's refusal to appear before the Board of Nursing may
6be grounds for denial of the application by the Department.
7    (f) The Secretary may summarily cancel any temporary
8permit issued pursuant to this Section, without a hearing, if
9the Secretary finds that evidence in his or her possession
10indicates that a permit holder's continuation in practice
11would constitute an imminent danger to the public or violate
12any provision of this Act or its rules.
13    If the Secretary summarily cancels a temporary permit
14issued pursuant to this Section or Act, the permit holder may
15petition the Department for a hearing in accordance with the
16provisions of Section 70-125 of this Act to restore his or her
17permit, unless the permit holder has exceeded his or her
18renewal limit.
19    (g) In addition to terminating any temporary permit issued
20pursuant to this Section or Act, the Department may issue a
21monetary penalty not to exceed $10,000 upon the temporary
22permit holder and may notify any state in which the temporary
23permit holder has been issued a permit that his or her Illinois
24permit has been terminated and the reasons for the
25termination. The monetary penalty shall be paid within 60 days
26after the effective date of the order imposing the penalty.

 

 

SB1344 Enrolled- 45 -LRB103 28584 LNS 54965 b

1The order shall constitute a judgment and may be filed, and
2execution had thereon in the same manner as any judgment from
3any court of record. It is the intent of the General Assembly
4that a permit issued pursuant to this Section shall be
5considered a privilege and not a property right.
6    (h) While working in Illinois, all temporary permit
7holders are subject to all statutory and regulatory
8requirements of this Act in the same manner as a licensee.
9Failure to adhere to all statutory and regulatory requirements
10may result in revocation or other discipline of the temporary
11permit.
12    (i) If the Department becomes aware of a violation
13occurring at the facility licensed by the Department of Public
14Health, licensed hospital, medical office, clinic, or other
15medical facility, or via telehealth service, the Department
16shall notify the Department of Public Health.
17    (j) The Department may adopt emergency rules pursuant to
18this Section. The General Assembly finds that the adoption of
19rules to implement a temporary permit for health care services
20is deemed an emergency and necessary for the public interest,
21safety, and welfare.
22(Source: P.A. 102-1117, eff. 1-13-23.)
 
23    Section 15. The Pharmacy Practice Act is amended by
24changing Section 43.5 as follows:
 

 

 

SB1344 Enrolled- 46 -LRB103 28584 LNS 54965 b

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
4order by a physician licensed to practice medicine in all its
5branches or the medical director of a county or local health
6department or a standing order by the Department of Public
7Health, a pharmacist may provide patients with prophylaxis
8drugs for human immunodeficiency virus pre-exposure
9prophylaxis or post-exposure prophylaxis.
10    A pharmacist may provide initial assessment and dispensing
11of prophylaxis drugs for human immunodeficiency virus
12pre-exposure prophylaxis or post-exposure prophylaxis. If a
13patient's HIV test results are reactive, the pharmacist shall
14refer the patient to an appropriate health care professional
15or clinic. If the patient's HIV test results are nonreactive,
16the pharmacist may initiate human immunodeficiency virus
17pre-exposure prophylaxis or post-exposure prophylaxis to
18eligible patients.
19    The standing order must be consistent with the current
20version of the guidelines of the Centers for Disease Control
21and Prevention, guidelines of the United States Preventive
22Services Task Force, or generally recognized evidence-based
23clinical guidelines.
24    A pharmacist must communicate the services provided under
25this Section to the patient and the patient's primary health
26care provider or other health care professional or clinic, if

 

 

SB1344 Enrolled- 47 -LRB103 28584 LNS 54965 b

1known. If there is no primary health care provider provided by
2the patient, then the pharmacist shall give the patient a list
3of primary health care providers, other health care
4professionals, and clinics in the area.
5    The services provided under this Section shall be
6appropriately documented and retained in a confidential manner
7consistent with State HIV confidentiality requirements.
8    The services provided under this Section shall take place
9in a private manner.
10    A pharmacist shall complete an educational training
11program accredited by the Accreditation Council for Pharmacy
12Education and approved by the Department that is related to
13the initiation, dispensing, or administration of drugs,
14laboratory tests, assessments, referrals, and consultations
15for human immunodeficiency virus pre-exposure prophylaxis and
16human 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
19is 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
23applicant who is licensed to practice as a physician assistant
24in another state. The temporary permit will authorize the

 

 

SB1344 Enrolled- 48 -LRB103 28584 LNS 54965 b

1practice of providing health care to patients in this State,
2with a collaborating physician in this State, if all of the
3following 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.

 

 

SB1344 Enrolled- 49 -LRB103 28584 LNS 54965 b

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.

 

 

SB1344 Enrolled- 50 -LRB103 28584 LNS 54965 b

1    The sponsoring licensed hospital, medical office, clinic,
2or other medical facility engaged in the agreement with the
3applicant shall notify the Department should the applicant at
4any 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
7years after the date of issuance. The temporary permit may be
8renewed for a $45 fee for an additional 2 years. A holder of a
9temporary permit may only renew one time.
10    (c) The temporary permit shall only permit the holder to
11practice as a physician assistant with a collaborating
12physician who provides health care services with the sponsor
13specified on the permit.
14    (d) An application for the temporary permit shall be made
15to the Department, in writing, on forms prescribed by the
16Department, and shall be accompanied by a non-refundable fee
17of $75. The Department shall grant or deny an applicant a
18temporary permit within 60 days of receipt of a completed
19application. The Department shall notify the applicant of any
20deficiencies in the applicant's application materials
21requiring corrections in a timely manner.
22    (e) An applicant for a temporary permit may be requested
23to appear before the Board to respond to questions concerning
24the applicant's qualifications to receive the permit. An
25applicant's refusal to appear before the Board may be grounds
26for denial of the application by the Department.

 

 

SB1344 Enrolled- 51 -LRB103 28584 LNS 54965 b

1    (f) The Secretary may summarily cancel any temporary
2permit issued pursuant to this Section, without a hearing, if
3the Secretary finds that evidence in his or her possession
4indicates that a permit holder's continuation in practice
5would constitute an imminent danger to the public or violate
6any provision of this Act or its rules. If the Secretary
7summarily cancels a temporary permit issued pursuant to this
8Section or Act, the permit holder may petition the Department
9for a hearing in accordance with the provisions of Section
1022.11 to restore his or her permit, unless the permit holder
11has exceeded his or her renewal limit.
12    (g) In addition to terminating any temporary permit issued
13pursuant to this Section or Act, the Department may issue a
14monetary penalty not to exceed $10,000 upon the temporary
15permit holder and may notify any state in which the temporary
16permit holder has been issued a permit that his or her Illinois
17permit has been terminated and the reasons for that
18termination. The monetary penalty shall be paid within 60 days
19after the effective date of the order imposing the penalty.
20The order shall constitute a judgment and may be filed, and
21execution had thereon in the same manner as any judgment from
22any court of record. It is the intent of the General Assembly
23that a permit issued pursuant to this Section shall be
24considered a privilege and not a property right.
25    (h) While working in Illinois, all temporary permit
26holders are subject to all statutory and regulatory

 

 

SB1344 Enrolled- 52 -LRB103 28584 LNS 54965 b

1requirements of this Act in the same manner as a licensee.
2Failure to adhere to all statutory and regulatory requirements
3may result in revocation or other discipline of the temporary
4permit.
5    (i) If the Department becomes aware of a violation
6occurring at the facility licensed by the Department of Public
7Health, licensed hospital, medical office, clinic, or other
8medical facility, or occurring via telehealth services, the
9Department shall notify the Department of Public Health.
10    (j) The Department may adopt emergency rules pursuant to
11this Section. The General Assembly finds that the adoption of
12rules to implement a temporary permit for health care services
13is deemed an emergency and necessary for the public interest,
14safety, and welfare.
15(Source: P.A. 102-1117, eff. 1-13-23.)
 
16    Section 25. The Abortion Care Clinical Training Program
17Act 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
21shall contract with at least one coordinating organization to
22administer the Program. The Department shall use the Fund to
23contract with the coordinating organization.
24    (b) A coordinating organization contracted by the

 

 

SB1344 Enrolled- 53 -LRB103 28584 LNS 54965 b

1Department 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
13coordinating organization it coordinates with and any entity
14receiving funds to assist in the implementation of this
15Program through the coordinating organization. The Department
16shall not release the name of any individual person or health
17care professional administering services through or
18participating in the Program. The Department shall, by rule,
19establish procedures to ensure that sensitive Program
20information, including any personal information and
21information that, if released, could endanger the life or
22physical safety of program participants, remains confidential.
23    (d) Any coordinating organization or other entity
24receiving funds to implement this Program is subject to the
25requirements of the Grant Accountability and Transparency Act.
26    (e) All reports received by the Department in accordance

 

 

SB1344 Enrolled- 54 -LRB103 28584 LNS 54965 b

1with this Section shall be treated as confidential and exempt
2from 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
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.