Sen. Dale A. Righter

Filed: 5/2/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3336

2    AMENDMENT NO. ______. Amend Senate Bill 3336 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical

 

 

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

 

 

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1    plan submitted to a municipality in accordance with a local
2    emergency energy plan ordinance that is adopted under
3    Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by wireless
6    carriers under the Wireless Emergency Telephone Safety
7    Act.
8        (k) Law enforcement officer identification information
9    or driver identification information compiled by a law
10    enforcement agency or the Department of Transportation
11    under Section 11-212 of the Illinois Vehicle Code.
12        (l) Records and information provided to a residential
13    health care facility resident sexual assault and death
14    review team or the Executive Council under the Abuse
15    Prevention Review Team Act.
16        (m) Information provided to the predatory lending
17    database created pursuant to Article 3 of the Residential
18    Real Property Disclosure Act, except to the extent
19    authorized under that Article.
20        (n) Defense budgets and petitions for certification of
21    compensation and expenses for court appointed trial
22    counsel as provided under Sections 10 and 15 of the Capital
23    Crimes Litigation Act. This subsection (n) shall apply
24    until the conclusion of the trial of the case, even if the
25    prosecution chooses not to pursue the death penalty prior
26    to trial or sentencing.

 

 

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1        (o) Information that is prohibited from being
2    disclosed under Section 4 of the Illinois Health and
3    Hazardous Substances Registry Act.
4        (p) Security portions of system safety program plans,
5    investigation reports, surveys, schedules, lists, data, or
6    information compiled, collected, or prepared by or for the
7    Regional Transportation Authority under Section 2.11 of
8    the Regional Transportation Authority Act or the St. Clair
9    County Transit District under the Bi-State Transit Safety
10    Act.
11        (q) Information prohibited from being disclosed by the
12    Personnel Records Review Act.
13        (r) Information prohibited from being disclosed by the
14    Illinois School Student Records Act.
15        (s) Information the disclosure of which is restricted
16    under Section 5-108 of the Public Utilities Act.
17        (t) All identified or deidentified health information
18    in the form of health data or medical records contained in,
19    stored in, submitted to, transferred by, or released from
20    the Illinois Health Information Exchange, and identified
21    or deidentified health information in the form of health
22    data and medical records of the Illinois Health Information
23    Exchange in the possession of the Illinois Health
24    Information Exchange Authority due to its administration
25    of the Illinois Health Information Exchange. The terms
26    "identified" and "deidentified" shall be given the same

 

 

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

 

 

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1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of an
3    eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) (bb) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is exempted from disclosure
17    under Section 30.1 of the Pharmacy Practice Act.
18(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
19eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2099-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
21revised 10-14-15.)
 
22    Section 10. The Pharmacy Practice Act is amended by adding
23Section 30.1 as follows:
 
24    (225 ILCS 85/30.1 new)

 

 

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1    Sec. 30.1. Reporting.
2    (a) When a pharmacist, registered certified pharmacy
3technician, or a registered pharmacy technician licensed by the
4Department is terminated for actions which may have threatened
5patient safety, the pharmacy or pharmacist-in-charge, pursuant
6to the policies and procedures of the pharmacy at which he or
7she is employed, shall report the termination to the chief
8pharmacy coordinator. Such reports shall be strictly
9confidential and may be reviewed and considered only by the
10members of the Board or by authorized Department staff. Such
11reports, and any records associated with such reports, are
12exempt from public disclosure and the Freedom of Information
13Act. Although the reports are exempt from disclosure, any
14formal complaint filed against a licensee or registrant by the
15Department or any order issued by the Department against a
16licensee, registrant, or applicant shall be a public record,
17except as otherwise prohibited by law.
18    (b) The report shall be submitted to the chief pharmacy
19coordinator in a timely fashion. Unless otherwise provided in
20this Section, the reports shall be filed in writing, on forms
21provided by the Department, within 60 days after a pharmacy's
22determination that a report is required under this Act. All
23reports shall contain only the following information:
24        (1) The name, address, and telephone number of the
25    person making the report.
26        (2) The name, license number, and last known address

 

 

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1    and telephone number of the person who is the subject of
2    the report.
3        (3) A brief description of the facts which gave rise to
4    the issuance of the report, including dates of occurrence.
5    (c) The contents of any report and any records associated
6with such report shall be strictly confidential and may only be
7reviewed by:
8        (1) members of the Board of Pharmacy;
9        (2) the Board of Pharmacy's designated attorney;
10        (3) administrative personnel assigned to open mail
11    containing reports, to process and distribute reports to
12    authorized persons, and to communicate with senders of
13    reports; or
14        (4) Department investigators and Department
15    prosecutors.
16    (d) Whenever a pharmacy or pharmacist-in-charge makes a
17report and provides any records associated with that report to
18the Department, acts in good faith, and not in a willful and
19wanton manner, the person or entity making the report and the
20pharmacy or health care institution employing him or her shall
21not, as a result of such actions, be subject to criminal
22prosecution or civil damages.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".