Full Text of SB1344 103rd General Assembly
SB1344sam002 103RD GENERAL ASSEMBLY | Sen. Celina Villanueva Filed: 3/30/2023
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| 1 | | AMENDMENT TO SENATE BILL 1344
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1344 by replacing | 3 | | everything after the enacting clause with the following:
| 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:
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| 1 | | (a) Information specifically prohibited from | 2 | | disclosure by federal or
State law or rules and | 3 | | regulations implementing federal or State law.
| 4 | | (b) Private information, unless disclosure is required | 5 | | by another provision of this Act, a State or federal law, | 6 | | or a court order. | 7 | | (b-5) Files, documents, and other data or databases | 8 | | maintained by one or more law enforcement agencies and | 9 | | specifically designed to provide information to one or | 10 | | more law enforcement agencies regarding the physical or | 11 | | mental status of one or more individual subjects. | 12 | | (c) Personal information contained within public | 13 | | records, the disclosure of which would constitute a | 14 | | clearly
unwarranted invasion of personal privacy, unless | 15 | | the disclosure is
consented to in writing by the | 16 | | individual subjects of the information. "Unwarranted | 17 | | invasion of personal privacy" means the disclosure of | 18 | | information that is highly personal or objectionable to a | 19 | | reasonable person and in which the subject's right to | 20 | | privacy outweighs any legitimate public interest in | 21 | | obtaining the information. The
disclosure of information | 22 | | that bears on the public duties of public
employees and | 23 | | officials shall not be considered an invasion of personal
| 24 | | privacy.
| 25 | | (d) Records in the possession of any public body | 26 | | created in the course of administrative enforcement
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| 1 | | proceedings, and any law enforcement or correctional | 2 | | agency for
law enforcement purposes,
but only to the | 3 | | extent that disclosure would:
| 4 | | (i) interfere with pending or actually and | 5 | | reasonably contemplated
law enforcement proceedings | 6 | | conducted by any law enforcement or correctional
| 7 | | agency that is the recipient of the request;
| 8 | | (ii) interfere with active administrative | 9 | | enforcement proceedings
conducted by the public body | 10 | | that is the recipient of the request;
| 11 | | (iii) create a substantial likelihood that a | 12 | | person will be deprived of a fair trial or an impartial | 13 | | hearing;
| 14 | | (iv) unavoidably disclose the identity of a | 15 | | confidential source, confidential information | 16 | | furnished only by the confidential source, or persons | 17 | | who file complaints with or provide information to | 18 | | administrative, investigative, law enforcement, or | 19 | | penal agencies; except that the identities of | 20 | | witnesses to traffic accidents, traffic accident | 21 | | reports, and rescue reports shall be provided by | 22 | | agencies of local government, except when disclosure | 23 | | would interfere with an active criminal investigation | 24 | | conducted by the agency that is the recipient of the | 25 | | request;
| 26 | | (v) disclose unique or specialized investigative |
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| 1 | | techniques other than
those generally used and known | 2 | | or disclose internal documents of
correctional | 3 | | agencies related to detection, observation , or | 4 | | investigation of
incidents of crime or misconduct, and | 5 | | disclosure would result in demonstrable harm to the | 6 | | agency or public body that is the recipient of the | 7 | | request;
| 8 | | (vi) endanger the life or physical safety of law | 9 | | enforcement personnel
or any other person; or
| 10 | | (vii) obstruct an ongoing criminal investigation | 11 | | by the agency that is the recipient of the request.
| 12 | | (d-5) A law enforcement record created for law | 13 | | enforcement purposes and contained in a shared electronic | 14 | | record management system if the law enforcement agency | 15 | | that is the recipient of the request did not create the | 16 | | record, did not participate in or have a role in any of the | 17 | | events which are the subject of the record, and only has | 18 | | access to the record through the shared electronic record | 19 | | management system. | 20 | | (d-6) Records contained in the Officer Professional | 21 | | Conduct Database under Section 9.2 of the Illinois Police | 22 | | Training Act, except to the extent authorized under that | 23 | | Section. This includes the documents supplied to the | 24 | | Illinois Law Enforcement Training Standards Board from the | 25 | | Illinois State Police and Illinois State Police Merit | 26 | | Board. |
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| 1 | | (e) Records that relate to or affect the security of | 2 | | correctional
institutions and detention facilities.
| 3 | | (e-5) Records requested by persons committed to the | 4 | | Department of Corrections, Department of Human Services | 5 | | Division of Mental Health, or a county jail if those | 6 | | materials are available in the library of the correctional | 7 | | institution or facility or jail where the inmate is | 8 | | confined. | 9 | | (e-6) Records requested by persons committed to the | 10 | | Department of Corrections, Department of Human Services | 11 | | Division of Mental Health, or a county jail if those | 12 | | materials include records from staff members' personnel | 13 | | files, staff rosters, or other staffing assignment | 14 | | information. | 15 | | (e-7) Records requested by persons committed to the | 16 | | Department of Corrections or Department of Human Services | 17 | | Division of Mental Health if those materials are available | 18 | | through an administrative request to the Department of | 19 | | Corrections or Department of Human Services Division of | 20 | | Mental Health. | 21 | | (e-8) Records requested by a person committed to the | 22 | | Department of Corrections, Department of Human Services | 23 | | Division of Mental Health, or a county jail, the | 24 | | disclosure of which would result in the risk of harm to any | 25 | | person or the risk of an escape from a jail or correctional | 26 | | institution or facility. |
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| 1 | | (e-9) Records requested by a person in a county jail | 2 | | or committed to the Department of Corrections or | 3 | | Department of Human Services Division of Mental Health, | 4 | | containing personal information pertaining to the person's | 5 | | victim or the victim's family, including, but not limited | 6 | | to, a victim's home address, home telephone number, work | 7 | | or school address, work telephone number, social security | 8 | | number, or any other identifying information, except as | 9 | | may be relevant to a requester's current or potential case | 10 | | or claim. | 11 | | (e-10) Law enforcement records of other persons | 12 | | requested by a person committed to the Department of | 13 | | Corrections, Department of Human Services Division of | 14 | | Mental Health, or a county jail, including, but not | 15 | | limited to, arrest and booking records, mug shots, and | 16 | | crime scene photographs, except as these records may be | 17 | | relevant to the requester's current or potential case or | 18 | | claim. | 19 | | (f) Preliminary drafts, notes, recommendations, | 20 | | memoranda, and other
records in which opinions are | 21 | | expressed, or policies or actions are
formulated, except | 22 | | that a specific record or relevant portion of a
record | 23 | | shall not be exempt when the record is publicly cited
and | 24 | | identified by the head of the public body. The exemption | 25 | | provided in
this paragraph (f) extends to all those | 26 | | records of officers and agencies
of the General Assembly |
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| 1 | | that pertain to the preparation of legislative
documents.
| 2 | | (g) Trade secrets and commercial or financial | 3 | | information obtained from
a person or business where the | 4 | | trade secrets or commercial or financial information are | 5 | | furnished under a claim that they are
proprietary, | 6 | | privileged, or confidential, and that disclosure of the | 7 | | trade
secrets or commercial or financial information would | 8 | | cause competitive harm to the person or business, and only | 9 | | insofar as the claim directly applies to the records | 10 | | requested. | 11 | | The information included under this exemption includes | 12 | | all trade secrets and commercial or financial information | 13 | | obtained by a public body, including a public pension | 14 | | fund, from a private equity fund or a privately held | 15 | | company within the investment portfolio of a private | 16 | | equity fund as a result of either investing or evaluating | 17 | | a potential investment of public funds in a private equity | 18 | | fund. The exemption contained in this item does not apply | 19 | | to the aggregate financial performance information of a | 20 | | private equity fund, nor to the identity of the fund's | 21 | | managers or general partners. The exemption contained in | 22 | | this item does not apply to the identity of a privately | 23 | | held company within the investment portfolio of a private | 24 | | equity fund, unless the disclosure of the identity of a | 25 | | privately held company may cause competitive harm. | 26 | | Nothing contained in this
paragraph (g) shall be |
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| 1 | | construed to prevent a person or business from
consenting | 2 | | to disclosure.
| 3 | | (h) Proposals and bids for any contract, grant, or | 4 | | agreement, including
information which if it were | 5 | | disclosed would frustrate procurement or give
an advantage | 6 | | to any person proposing to enter into a contractor | 7 | | agreement
with the body, until an award or final selection | 8 | | is made. Information
prepared by or for the body in | 9 | | preparation of a bid solicitation shall be
exempt until an | 10 | | award or final selection is made.
| 11 | | (i) Valuable formulae,
computer geographic systems,
| 12 | | designs, drawings , and research data obtained or
produced | 13 | | by any public body when disclosure could reasonably be | 14 | | expected to
produce private gain or public loss.
The | 15 | | exemption for "computer geographic systems" provided in | 16 | | this paragraph
(i) does not extend to requests made by | 17 | | news media as defined in Section 2 of
this Act when the | 18 | | requested information is not otherwise exempt and the only
| 19 | | purpose of the request is to access and disseminate | 20 | | information regarding the
health, safety, welfare, or | 21 | | legal rights of the general public.
| 22 | | (j) The following information pertaining to | 23 | | educational matters: | 24 | | (i) test questions, scoring keys, and other | 25 | | examination data used to
administer an academic | 26 | | examination;
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| 1 | | (ii) information received by a primary or | 2 | | secondary school, college, or university under its | 3 | | procedures for the evaluation of faculty members by | 4 | | their academic peers; | 5 | | (iii) information concerning a school or | 6 | | university's adjudication of student disciplinary | 7 | | cases, but only to the extent that disclosure would | 8 | | unavoidably reveal the identity of the student; and | 9 | | (iv) course materials or research materials used | 10 | | by faculty members. | 11 | | (k) Architects' plans, engineers' technical | 12 | | submissions, and
other
construction related technical | 13 | | documents for
projects not constructed or developed in | 14 | | whole or in part with public funds
and the same for | 15 | | projects constructed or developed with public funds, | 16 | | including, but not limited to, power generating and | 17 | | distribution stations and other transmission and | 18 | | distribution facilities, water treatment facilities, | 19 | | airport facilities, sport stadiums, convention centers, | 20 | | and all government owned, operated, or occupied buildings, | 21 | | but
only to the extent
that disclosure would compromise | 22 | | security.
| 23 | | (l) Minutes of meetings of public bodies closed to the
| 24 | | public as provided in the Open Meetings Act until the | 25 | | public body
makes the minutes available to the public | 26 | | under Section 2.06 of the Open
Meetings Act.
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| 1 | | (m) Communications between a public body and an | 2 | | attorney or auditor
representing the public body that | 3 | | would not be subject to discovery in
litigation, and | 4 | | materials prepared or compiled by or for a public body in
| 5 | | anticipation of a criminal, civil, or administrative | 6 | | proceeding upon the
request of an attorney advising the | 7 | | public body, and materials prepared or
compiled with | 8 | | respect to internal audits of public bodies.
| 9 | | (n) Records relating to a public body's adjudication | 10 | | of employee grievances or disciplinary cases; however, | 11 | | this exemption shall not extend to the final outcome of | 12 | | cases in which discipline is imposed.
| 13 | | (o) Administrative or technical information associated | 14 | | with automated
data processing operations, including, but | 15 | | not limited to, software,
operating protocols, computer | 16 | | program abstracts, file layouts, source
listings, object | 17 | | modules, load modules, user guides, documentation
| 18 | | pertaining to all logical and physical design of | 19 | | computerized systems,
employee manuals, and any other | 20 | | information that, if disclosed, would
jeopardize the | 21 | | security of the system or its data or the security of
| 22 | | materials exempt under this Section.
| 23 | | (p) Records relating to collective negotiating matters
| 24 | | between public bodies and their employees or | 25 | | representatives, except that
any final contract or | 26 | | agreement shall be subject to inspection and copying.
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| 1 | | (q) Test questions, scoring keys, and other | 2 | | examination data used to determine the qualifications of | 3 | | an applicant for a license or employment.
| 4 | | (r) The records, documents, and information relating | 5 | | to real estate
purchase negotiations until those | 6 | | negotiations have been completed or
otherwise terminated. | 7 | | With regard to a parcel involved in a pending or
actually | 8 | | and reasonably contemplated eminent domain proceeding | 9 | | under the Eminent Domain Act, records, documents, and
| 10 | | information relating to that parcel shall be exempt except | 11 | | as may be
allowed under discovery rules adopted by the | 12 | | Illinois Supreme Court. The
records, documents, and | 13 | | information relating to a real estate sale shall be
exempt | 14 | | until a sale is consummated.
| 15 | | (s) Any and all proprietary information and records | 16 | | related to the
operation of an intergovernmental risk | 17 | | management association or
self-insurance pool or jointly | 18 | | self-administered health and accident
cooperative or pool.
| 19 | | Insurance or self-insurance self insurance (including any | 20 | | intergovernmental risk management association or | 21 | | self-insurance self insurance pool) claims, loss or risk | 22 | | management information, records, data, advice , or | 23 | | communications.
| 24 | | (t) Information contained in or related to | 25 | | examination, operating, or
condition reports prepared by, | 26 | | on behalf of, or for the use of a public
body responsible |
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| 1 | | for the regulation or supervision of financial
| 2 | | institutions, insurance companies, or pharmacy benefit | 3 | | managers, unless disclosure is otherwise
required by State | 4 | | law.
| 5 | | (u) Information that would disclose
or might lead to | 6 | | the disclosure of
secret or confidential information, | 7 | | codes, algorithms, programs, or private
keys intended to | 8 | | be used to create electronic signatures under the Uniform | 9 | | Electronic Transactions Act.
| 10 | | (v) Vulnerability assessments, security measures, and | 11 | | response policies
or plans that are designed to identify, | 12 | | prevent, or respond to potential
attacks upon a | 13 | | community's population or systems, facilities, or | 14 | | installations, but only to the extent that
disclosure | 15 | | could reasonably be expected to expose the vulnerability | 16 | | or jeopardize the effectiveness of the
measures, policies, | 17 | | or plans, or the safety of the personnel who implement | 18 | | them or the public.
Information exempt under this item may | 19 | | include such things as details
pertaining to the | 20 | | mobilization or deployment of personnel or equipment, to | 21 | | the
operation of communication systems or protocols, to | 22 | | cybersecurity vulnerabilities, or to tactical operations.
| 23 | | (w) (Blank). | 24 | | (x) Maps and other records regarding the location or | 25 | | security of generation, transmission, distribution, | 26 | | storage, gathering,
treatment, or switching facilities |
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| 1 | | owned by a utility, by a power generator, or by the | 2 | | Illinois Power Agency.
| 3 | | (y) Information contained in or related to proposals, | 4 | | bids, or negotiations related to electric power | 5 | | procurement under Section 1-75 of the Illinois Power | 6 | | Agency Act and Section 16-111.5 of the Public Utilities | 7 | | Act that is determined to be confidential and proprietary | 8 | | by the Illinois Power Agency or by the Illinois Commerce | 9 | | Commission.
| 10 | | (z) Information about students exempted from | 11 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 12 | | the School Code, and information about undergraduate | 13 | | students enrolled at an institution of higher education | 14 | | exempted from disclosure under Section 25 of the Illinois | 15 | | Credit Card Marketing Act of 2009. | 16 | | (aa) Information the disclosure of which is
exempted | 17 | | under the Viatical Settlements Act of 2009.
| 18 | | (bb) Records and information provided to a mortality | 19 | | review team and records maintained by a mortality review | 20 | | team appointed under the Department of Juvenile Justice | 21 | | Mortality Review Team Act. | 22 | | (cc) Information regarding interments, entombments, or | 23 | | inurnments of human remains that are submitted to the | 24 | | Cemetery Oversight Database under the Cemetery Care Act or | 25 | | the Cemetery Oversight Act, whichever is applicable. | 26 | | (dd) Correspondence and records (i) that may not be |
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| 1 | | disclosed under Section 11-9 of the Illinois Public Aid | 2 | | Code or (ii) that pertain to appeals under Section 11-8 of | 3 | | the Illinois Public Aid Code. | 4 | | (ee) The names, addresses, or other personal | 5 | | information of persons who are minors and are also | 6 | | participants and registrants in programs of park | 7 | | districts, forest preserve districts, conservation | 8 | | districts, recreation agencies, and special recreation | 9 | | associations. | 10 | | (ff) The names, addresses, or other personal | 11 | | information of participants and registrants in programs of | 12 | | park districts, forest preserve districts, conservation | 13 | | districts, recreation agencies, and special recreation | 14 | | associations where such programs are targeted primarily to | 15 | | minors. | 16 | | (gg) Confidential information described in Section | 17 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 18 | | 2012. | 19 | | (hh) The report submitted to the State Board of | 20 | | Education by the School Security and Standards Task Force | 21 | | under item (8) of subsection (d) of Section 2-3.160 of the | 22 | | School Code and any information contained in that report. | 23 | | (ii) Records requested by persons committed to or | 24 | | detained by the Department of Human Services under the | 25 | | Sexually Violent Persons Commitment Act or committed to | 26 | | the Department of Corrections under the Sexually Dangerous |
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| 1 | | Persons Act if those materials: (i) are available in the | 2 | | library of the facility where the individual is confined; | 3 | | (ii) include records from staff members' personnel files, | 4 | | staff rosters, or other staffing assignment information; | 5 | | or (iii) are available through an administrative request | 6 | | to the Department of Human Services or the Department of | 7 | | Corrections. | 8 | | (jj) Confidential information described in Section | 9 | | 5-535 of the Civil Administrative Code of Illinois. | 10 | | (kk) The public body's credit card numbers, debit card | 11 | | numbers, bank account numbers, Federal Employer | 12 | | Identification Number, security code numbers, passwords, | 13 | | and similar account information, the disclosure of which | 14 | | could result in identity theft or impression or defrauding | 15 | | of a governmental entity or a person. | 16 | | (ll) Records concerning the work of the threat | 17 | | assessment team of a school district, including, but not | 18 | | limited to, any threat assessment procedure under the | 19 | | School Safety Drill Act and any information contained in | 20 | | the procedure. | 21 | | (mm) Information prohibited from being disclosed under | 22 | | subsections (a) and (b) of Section 15 of the Student | 23 | | Confidential Reporting Act. | 24 | | (nn) (mm) Proprietary information submitted to the
| 25 | | Environmental Protection Agency under the Drug Take-Back
| 26 | | Act. |
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| 1 | | (oo) (mm) Records described in subsection (f) of | 2 | | Section 3-5-1 of the Unified Code of Corrections. | 3 | | (pp) Reports described in subsection (e) of Section | 4 | | 16-15 of the Abortion Care Clinical Training Program Act. | 5 | | (1.5) Any information exempt from disclosure under the | 6 | | Judicial Privacy Act shall be redacted from public records | 7 | | prior to disclosure under this Act. | 8 | | (2) A public record that is not in the possession of a | 9 | | public body but is in the possession of a party with whom the | 10 | | agency has contracted to perform a governmental function on | 11 | | behalf of the public body, and that directly relates to the | 12 | | governmental function and is not otherwise exempt under this | 13 | | Act, shall be considered a public record of the public body, | 14 | | for purposes of this Act. | 15 | | (3) This Section does not authorize withholding of | 16 | | information or limit the
availability of records to the | 17 | | public, except as stated in this Section or
otherwise provided | 18 | | in this Act.
| 19 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 20 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 21 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 22 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 23 | | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | 24 | | 12-13-22.) | 25 | | (Text of Section after amendment by P.A. 102-982 )
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| 1 | | Sec. 7. Exemptions.
| 2 | | (1) When a request is made to inspect or copy a public | 3 | | record that contains information that is exempt from | 4 | | disclosure under this Section, but also contains information | 5 | | that is not exempt from disclosure, the public body may elect | 6 | | to redact the information that is exempt. The public body | 7 | | shall make the remaining information available for inspection | 8 | | and copying. Subject to this requirement, the following shall | 9 | | be exempt from inspection and copying:
| 10 | | (a) Information specifically prohibited from | 11 | | disclosure by federal or
State law or rules and | 12 | | regulations implementing federal or State law.
| 13 | | (b) Private information, unless disclosure is required | 14 | | by another provision of this Act, a State or federal law, | 15 | | or a court order. | 16 | | (b-5) Files, documents, and other data or databases | 17 | | maintained by one or more law enforcement agencies and | 18 | | specifically designed to provide information to one or | 19 | | more law enforcement agencies regarding the physical or | 20 | | mental status of one or more individual subjects. | 21 | | (c) Personal information contained within public | 22 | | records, the disclosure of which would constitute a | 23 | | clearly
unwarranted invasion of personal privacy, unless | 24 | | the disclosure is
consented to in writing by the | 25 | | individual subjects of the information. "Unwarranted | 26 | | invasion of personal privacy" means the disclosure of |
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| 1 | | information that is highly personal or objectionable to a | 2 | | reasonable person and in which the subject's right to | 3 | | privacy outweighs any legitimate public interest in | 4 | | obtaining the information. The
disclosure of information | 5 | | that bears on the public duties of public
employees and | 6 | | officials shall not be considered an invasion of personal
| 7 | | privacy.
| 8 | | (d) Records in the possession of any public body | 9 | | created in the course of administrative enforcement
| 10 | | proceedings, and any law enforcement or correctional | 11 | | agency for
law enforcement purposes,
but only to the | 12 | | extent that disclosure would:
| 13 | | (i) interfere with pending or actually and | 14 | | reasonably contemplated
law enforcement proceedings | 15 | | conducted by any law enforcement or correctional
| 16 | | agency that is the recipient of the request;
| 17 | | (ii) interfere with active administrative | 18 | | enforcement proceedings
conducted by the public body | 19 | | that is the recipient of the request;
| 20 | | (iii) create a substantial likelihood that a | 21 | | person will be deprived of a fair trial or an impartial | 22 | | hearing;
| 23 | | (iv) unavoidably disclose the identity of a | 24 | | confidential source, confidential information | 25 | | furnished only by the confidential source, or persons | 26 | | who file complaints with or provide information to |
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| 1 | | administrative, investigative, law enforcement, or | 2 | | penal agencies; except that the identities of | 3 | | witnesses to traffic crashes, traffic crash reports, | 4 | | and rescue reports shall be provided by agencies of | 5 | | local government, except when disclosure would | 6 | | interfere with an active criminal investigation | 7 | | conducted by the agency that is the recipient of the | 8 | | request;
| 9 | | (v) disclose unique or specialized investigative | 10 | | techniques other than
those generally used and known | 11 | | or disclose internal documents of
correctional | 12 | | agencies related to detection, observation , or | 13 | | investigation of
incidents of crime or misconduct, and | 14 | | disclosure would result in demonstrable harm to the | 15 | | agency or public body that is the recipient of the | 16 | | request;
| 17 | | (vi) endanger the life or physical safety of law | 18 | | enforcement personnel
or any other person; or
| 19 | | (vii) obstruct an ongoing criminal investigation | 20 | | by the agency that is the recipient of the request.
| 21 | | (d-5) A law enforcement record created for law | 22 | | enforcement purposes and contained in a shared electronic | 23 | | record management system if the law enforcement agency | 24 | | that is the recipient of the request did not create the | 25 | | record, did not participate in or have a role in any of the | 26 | | events which are the subject of the record, and only has |
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| 1 | | access to the record through the shared electronic record | 2 | | management system. | 3 | | (d-6) Records contained in the Officer Professional | 4 | | Conduct Database under Section 9.2 of the Illinois Police | 5 | | Training Act, except to the extent authorized under that | 6 | | Section. This includes the documents supplied to the | 7 | | Illinois Law Enforcement Training Standards Board from the | 8 | | Illinois State Police and Illinois State Police Merit | 9 | | Board. | 10 | | (e) Records that relate to or affect the security of | 11 | | correctional
institutions and detention facilities.
| 12 | | (e-5) Records requested by persons committed to the | 13 | | Department of Corrections, Department of Human Services | 14 | | Division of Mental Health, or a county jail if those | 15 | | materials are available in the library of the correctional | 16 | | institution or facility or jail where the inmate is | 17 | | confined. | 18 | | (e-6) Records requested by persons committed to the | 19 | | Department of Corrections, Department of Human Services | 20 | | Division of Mental Health, or a county jail if those | 21 | | materials include records from staff members' personnel | 22 | | files, staff rosters, or other staffing assignment | 23 | | information. | 24 | | (e-7) Records requested by persons committed to the | 25 | | Department of Corrections or Department of Human Services | 26 | | Division of Mental Health if those materials are available |
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| 1 | | through an administrative request to the Department of | 2 | | Corrections or Department of Human Services Division of | 3 | | Mental Health. | 4 | | (e-8) Records requested by a person committed to the | 5 | | Department of Corrections, Department of Human Services | 6 | | Division of Mental Health, or a county jail, the | 7 | | disclosure of which would result in the risk of harm to any | 8 | | person or the risk of an escape from a jail or correctional | 9 | | institution or facility. | 10 | | (e-9) Records requested by a person in a county jail | 11 | | or committed to the Department of Corrections or | 12 | | Department of Human Services Division of Mental Health, | 13 | | containing personal information pertaining to the person's | 14 | | victim or the victim's family, including, but not limited | 15 | | to, a victim's home address, home telephone number, work | 16 | | or school address, work telephone number, social security | 17 | | number, or any other identifying information, except as | 18 | | may be relevant to a requester's current or potential case | 19 | | or claim. | 20 | | (e-10) Law enforcement records of other persons | 21 | | requested by a person committed to the Department of | 22 | | Corrections, Department of Human Services Division of | 23 | | Mental Health, or a county jail, including, but not | 24 | | limited to, arrest and booking records, mug shots, and | 25 | | crime scene photographs, except as these records may be | 26 | | relevant to the requester's current or potential case or |
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| 1 | | claim. | 2 | | (f) Preliminary drafts, notes, recommendations, | 3 | | memoranda, and other
records in which opinions are | 4 | | expressed, or policies or actions are
formulated, except | 5 | | that a specific record or relevant portion of a
record | 6 | | shall not be exempt when the record is publicly cited
and | 7 | | identified by the head of the public body. The exemption | 8 | | provided in
this paragraph (f) extends to all those | 9 | | records of officers and agencies
of the General Assembly | 10 | | that pertain to the preparation of legislative
documents.
| 11 | | (g) Trade secrets and commercial or financial | 12 | | information obtained from
a person or business where the | 13 | | trade secrets or commercial or financial information are | 14 | | furnished under a claim that they are
proprietary, | 15 | | privileged, or confidential, and that disclosure of the | 16 | | trade
secrets or commercial or financial information would | 17 | | cause competitive harm to the person or business, and only | 18 | | insofar as the claim directly applies to the records | 19 | | requested. | 20 | | The information included under this exemption includes | 21 | | all trade secrets and commercial or financial information | 22 | | obtained by a public body, including a public pension | 23 | | fund, from a private equity fund or a privately held | 24 | | company within the investment portfolio of a private | 25 | | equity fund as a result of either investing or evaluating | 26 | | a potential investment of public funds in a private equity |
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| 1 | | fund. The exemption contained in this item does not apply | 2 | | to the aggregate financial performance information of a | 3 | | private equity fund, nor to the identity of the fund's | 4 | | managers or general partners. The exemption contained in | 5 | | this item does not apply to the identity of a privately | 6 | | held company within the investment portfolio of a private | 7 | | equity fund, unless the disclosure of the identity of a | 8 | | privately held company may cause competitive harm. | 9 | | Nothing contained in this
paragraph (g) shall be | 10 | | construed to prevent a person or business from
consenting | 11 | | to disclosure.
| 12 | | (h) Proposals and bids for any contract, grant, or | 13 | | agreement, including
information which if it were | 14 | | disclosed would frustrate procurement or give
an advantage | 15 | | to any person proposing to enter into a contractor | 16 | | agreement
with the body, until an award or final selection | 17 | | is made. Information
prepared by or for the body in | 18 | | preparation of a bid solicitation shall be
exempt until an | 19 | | award or final selection is made.
| 20 | | (i) Valuable formulae,
computer geographic systems,
| 21 | | designs, drawings , and research data obtained or
produced | 22 | | by any public body when disclosure could reasonably be | 23 | | expected to
produce private gain or public loss.
The | 24 | | exemption for "computer geographic systems" provided in | 25 | | this paragraph
(i) does not extend to requests made by | 26 | | news media as defined in Section 2 of
this Act when the |
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| 1 | | requested information is not otherwise exempt and the only
| 2 | | purpose of the request is to access and disseminate | 3 | | information regarding the
health, safety, welfare, or | 4 | | legal rights of the general public.
| 5 | | (j) The following information pertaining to | 6 | | educational matters: | 7 | | (i) test questions, scoring keys, and other | 8 | | examination data used to
administer an academic | 9 | | examination;
| 10 | | (ii) information received by a primary or | 11 | | secondary school, college, or university under its | 12 | | procedures for the evaluation of faculty members by | 13 | | their academic peers; | 14 | | (iii) information concerning a school or | 15 | | university's adjudication of student disciplinary | 16 | | cases, but only to the extent that disclosure would | 17 | | unavoidably reveal the identity of the student; and | 18 | | (iv) course materials or research materials used | 19 | | by faculty members. | 20 | | (k) Architects' plans, engineers' technical | 21 | | submissions, and
other
construction related technical | 22 | | documents for
projects not constructed or developed in | 23 | | whole or in part with public funds
and the same for | 24 | | projects constructed or developed with public funds, | 25 | | including, but not limited to, power generating and | 26 | | distribution stations and other transmission and |
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| 1 | | distribution facilities, water treatment facilities, | 2 | | airport facilities, sport stadiums, convention centers, | 3 | | and all government owned, operated, or occupied buildings, | 4 | | but
only to the extent
that disclosure would compromise | 5 | | security.
| 6 | | (l) Minutes of meetings of public bodies closed to the
| 7 | | public as provided in the Open Meetings Act until the | 8 | | public body
makes the minutes available to the public | 9 | | under Section 2.06 of the Open
Meetings Act.
| 10 | | (m) Communications between a public body and an | 11 | | attorney or auditor
representing the public body that | 12 | | would not be subject to discovery in
litigation, and | 13 | | materials prepared or compiled by or for a public body in
| 14 | | anticipation of a criminal, civil, or administrative | 15 | | proceeding upon the
request of an attorney advising the | 16 | | public body, and materials prepared or
compiled with | 17 | | respect to internal audits of public bodies.
| 18 | | (n) Records relating to a public body's adjudication | 19 | | of employee grievances or disciplinary cases; however, | 20 | | this exemption shall not extend to the final outcome of | 21 | | cases in which discipline is imposed.
| 22 | | (o) Administrative or technical information associated | 23 | | with automated
data processing operations, including, but | 24 | | not limited to, software,
operating protocols, computer | 25 | | program abstracts, file layouts, source
listings, object | 26 | | modules, load modules, user guides, documentation
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| 1 | | pertaining to all logical and physical design of | 2 | | computerized systems,
employee manuals, and any other | 3 | | information that, if disclosed, would
jeopardize the | 4 | | security of the system or its data or the security of
| 5 | | materials exempt under this Section.
| 6 | | (p) Records relating to collective negotiating matters
| 7 | | between public bodies and their employees or | 8 | | representatives, except that
any final contract or | 9 | | agreement shall be subject to inspection and copying.
| 10 | | (q) Test questions, scoring keys, and other | 11 | | examination data used to determine the qualifications of | 12 | | an applicant for a license or employment.
| 13 | | (r) The records, documents, and information relating | 14 | | to real estate
purchase negotiations until those | 15 | | negotiations have been completed or
otherwise terminated. | 16 | | With regard to a parcel involved in a pending or
actually | 17 | | and reasonably contemplated eminent domain proceeding | 18 | | under the Eminent Domain Act, records, documents, and
| 19 | | information relating to that parcel shall be exempt except | 20 | | as may be
allowed under discovery rules adopted by the | 21 | | Illinois Supreme Court. The
records, documents, and | 22 | | information relating to a real estate sale shall be
exempt | 23 | | until a sale is consummated.
| 24 | | (s) Any and all proprietary information and records | 25 | | related to the
operation of an intergovernmental risk | 26 | | management association or
self-insurance pool or jointly |
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| 1 | | self-administered health and accident
cooperative or pool.
| 2 | | Insurance or self-insurance self insurance (including any | 3 | | intergovernmental risk management association or | 4 | | self-insurance self insurance pool) claims, loss or risk | 5 | | management information, records, data, advice , or | 6 | | communications.
| 7 | | (t) Information contained in or related to | 8 | | examination, operating, or
condition reports prepared by, | 9 | | on behalf of, or for the use of a public
body responsible | 10 | | for the regulation or supervision of financial
| 11 | | institutions, insurance companies, or pharmacy benefit | 12 | | managers, unless disclosure is otherwise
required by State | 13 | | law.
| 14 | | (u) Information that would disclose
or might lead to | 15 | | the disclosure of
secret or confidential information, | 16 | | codes, algorithms, programs, or private
keys intended to | 17 | | be used to create electronic signatures under the Uniform | 18 | | Electronic Transactions Act.
| 19 | | (v) Vulnerability assessments, security measures, and | 20 | | response policies
or plans that are designed to identify, | 21 | | prevent, or respond to potential
attacks upon a | 22 | | community's population or systems, facilities, or | 23 | | installations, but only to the extent that
disclosure | 24 | | could reasonably be expected to expose the vulnerability | 25 | | or jeopardize the effectiveness of the
measures, policies, | 26 | | or plans, or the safety of the personnel who implement |
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| 1 | | them or the public.
Information exempt under this item may | 2 | | include such things as details
pertaining to the | 3 | | mobilization or deployment of personnel or equipment, to | 4 | | the
operation of communication systems or protocols, to | 5 | | cybersecurity vulnerabilities, or to tactical operations.
| 6 | | (w) (Blank). | 7 | | (x) Maps and other records regarding the location or | 8 | | security of generation, transmission, distribution, | 9 | | storage, gathering,
treatment, or switching facilities | 10 | | owned by a utility, by a power generator, or by the | 11 | | Illinois Power Agency.
| 12 | | (y) Information contained in or related to proposals, | 13 | | bids, or negotiations related to electric power | 14 | | procurement under Section 1-75 of the Illinois Power | 15 | | Agency Act and Section 16-111.5 of the Public Utilities | 16 | | Act that is determined to be confidential and proprietary | 17 | | by the Illinois Power Agency or by the Illinois Commerce | 18 | | Commission.
| 19 | | (z) Information about students exempted from | 20 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 21 | | the School Code, and information about undergraduate | 22 | | students enrolled at an institution of higher education | 23 | | exempted from disclosure under Section 25 of the Illinois | 24 | | Credit Card Marketing Act of 2009. | 25 | | (aa) Information the disclosure of which is
exempted | 26 | | under the Viatical Settlements Act of 2009.
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| 1 | | (bb) Records and information provided to a mortality | 2 | | review team and records maintained by a mortality review | 3 | | team appointed under the Department of Juvenile Justice | 4 | | Mortality Review Team Act. | 5 | | (cc) Information regarding interments, entombments, or | 6 | | inurnments of human remains that are submitted to the | 7 | | Cemetery Oversight Database under the Cemetery Care Act or | 8 | | the Cemetery Oversight Act, whichever is applicable. | 9 | | (dd) Correspondence and records (i) that may not be | 10 | | disclosed under Section 11-9 of the Illinois Public Aid | 11 | | Code or (ii) that pertain to appeals under Section 11-8 of | 12 | | the Illinois Public Aid Code. | 13 | | (ee) The names, addresses, or other personal | 14 | | information of persons who are minors and are also | 15 | | participants and registrants in programs of park | 16 | | districts, forest preserve districts, conservation | 17 | | districts, recreation agencies, and special recreation | 18 | | associations. | 19 | | (ff) The names, addresses, or other personal | 20 | | information of participants and registrants in programs of | 21 | | park districts, forest preserve districts, conservation | 22 | | districts, recreation agencies, and special recreation | 23 | | associations where such programs are targeted primarily to | 24 | | minors. | 25 | | (gg) Confidential information described in Section | 26 | | 1-100 of the Illinois Independent Tax Tribunal Act of |
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| 1 | | 2012. | 2 | | (hh) The report submitted to the State Board of | 3 | | Education by the School Security and Standards Task Force | 4 | | under item (8) of subsection (d) of Section 2-3.160 of the | 5 | | School Code and any information contained in that report. | 6 | | (ii) Records requested by persons committed to or | 7 | | detained by the Department of Human Services under the | 8 | | Sexually Violent Persons Commitment Act or committed to | 9 | | the Department of Corrections under the Sexually Dangerous | 10 | | Persons Act if those materials: (i) are available in the | 11 | | library of the facility where the individual is confined; | 12 | | (ii) include records from staff members' personnel files, | 13 | | staff rosters, or other staffing assignment information; | 14 | | or (iii) are available through an administrative request | 15 | | to the Department of Human Services or the Department of | 16 | | Corrections. | 17 | | (jj) Confidential information described in Section | 18 | | 5-535 of the Civil Administrative Code of Illinois. | 19 | | (kk) The public body's credit card numbers, debit card | 20 | | numbers, bank account numbers, Federal Employer | 21 | | Identification Number, security code numbers, passwords, | 22 | | and similar account information, the disclosure of which | 23 | | could result in identity theft or impression or defrauding | 24 | | of a governmental entity or a person. | 25 | | (ll) Records concerning the work of the threat | 26 | | assessment team of a school district, including, but not |
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| 1 | | limited to, any threat assessment procedure under the | 2 | | School Safety Drill Act and any information contained in | 3 | | the procedure. | 4 | | (mm) Information prohibited from being disclosed under | 5 | | subsections (a) and (b) of Section 15 of the Student | 6 | | Confidential Reporting Act. | 7 | | (nn) (mm) Proprietary information submitted to the
| 8 | | Environmental Protection Agency under the Drug Take-Back
| 9 | | Act. | 10 | | (oo) (mm) Records described in subsection (f) of | 11 | | Section 3-5-1 of the Unified Code of Corrections. | 12 | | (pp) Reports described in subsection (e) of Section | 13 | | 16-15 of the Abortion Care Clinical Training Program Act. | 14 | | (1.5) Any information exempt from disclosure under the | 15 | | Judicial Privacy Act shall be redacted from public records | 16 | | prior to disclosure under this Act. | 17 | | (2) A public record that is not in the possession of a | 18 | | public body but is in the possession of a party with whom the | 19 | | agency has contracted to perform a governmental function on | 20 | | behalf of the public body, and that directly relates to the | 21 | | governmental function and is not otherwise exempt under this | 22 | | Act, shall be considered a public record of the public body, | 23 | | for purposes of this Act. | 24 | | (3) This Section does not authorize withholding of | 25 | | information or limit the
availability of records to the | 26 | | public, except as stated in this Section or
otherwise provided |
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| 1 | | in this Act.
| 2 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 3 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 4 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 5 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 6 | | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | 7 | | 6-10-22; revised 12-13-22.) | 8 | | Section 5. The Illinois Insurance Code is amended by | 9 | | changing Section 356z.60 as follows: | 10 | | (215 ILCS 5/356z.60) | 11 | | Sec. 356z.60. Coverage for abortifacients, hormonal | 12 | | therapy, and human immunodeficiency virus pre-exposure | 13 | | prophylaxis and post-exposure prophylaxis. | 14 | | (a) As used in this Section: | 15 | | "Abortifacients" means any medication administered to | 16 | | terminate a pregnancy as prescribed or ordered by a health | 17 | | care professional. | 18 | | "Health care professional" means a physician licensed to | 19 | | practice medicine in all of its branches, licensed advanced | 20 | | practice registered nurse, or physician assistant. | 21 | | "Hormonal therapy medication" means hormonal treatment | 22 | | administered to treat gender dysphoria. | 23 | | "Therapeutic equivalent version" means drugs, devices, or | 24 | | products that can be expected to have the same clinical effect |
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| 1 | | and safety profile when administered to patients under the | 2 | | conditions specified in the labeling and that satisfy the | 3 | | following general criteria: | 4 | | (1) it is approved as safe and effective; | 5 | | (2) it is a pharmaceutical equivalent in that it: | 6 | | (A) contains identical amounts of the same active | 7 | | drug ingredient in the same dosage form and route of | 8 | | administration; and | 9 | | (B) meets compendial or other applicable standards | 10 | | of strength, quality, purity, and identity; | 11 | | (3) it is bioequivalent in that: | 12 | | (A) it does not present a known or potential | 13 | | bioequivalence problem and it meets an acceptable in | 14 | | vitro standard; or | 15 | | (B) if it does present such a known or potential | 16 | | problem, it is shown to meet an appropriate | 17 | | bioequivalence standard; | 18 | | (4) it is adequately labeled; and | 19 | | (5) it is manufactured in compliance with Current Good | 20 | | Manufacturing Practice regulations adopted by the United | 21 | | States Food and Drug Administration. | 22 | | (b) An individual or group policy of accident and health | 23 | | insurance amended, delivered, issued, or renewed in this State | 24 | | on or after January 1, 2024 shall provide coverage for all | 25 | | abortifacients, hormonal therapy medication, human | 26 | | immunodeficiency virus pre-exposure prophylaxis , and |
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| 1 | | post-exposure prophylaxis drugs approved by the United States | 2 | | Food and Drug Administration, and follow-up services related | 3 | | to that coverage, including, but not limited to, management of | 4 | | side effects, medication self-management or adherence | 5 | | counseling, risk reduction strategies, and mental health | 6 | | counseling. This coverage shall include drugs approved by the | 7 | | United States Food and Drug Administration that are prescribed | 8 | | or ordered for off-label use for the purposes described in | 9 | | this Section. | 10 | | (c) The coverage required under subsection (b) is subject | 11 | | to the following conditions: | 12 | | (1) If the United States Food and Drug Administration | 13 | | has approved one or more therapeutic equivalent versions | 14 | | of an abortifacient drug, a policy is not required to | 15 | | include all such therapeutic equivalent versions in its | 16 | | formulary so long as at least one is included and covered | 17 | | without cost sharing and in accordance with this Section. | 18 | | (2) If an individual's attending provider recommends a | 19 | | particular drug approved by the United States Food and | 20 | | Drug Administration based on a determination of medical | 21 | | necessity with respect to that individual, the plan or | 22 | | issuer must defer to the determination of the attending | 23 | | provider and must cover that service or item without cost | 24 | | sharing. | 25 | | (3) If a drug is not covered, plans and issuers must | 26 | | have an easily accessible, transparent, and sufficiently |
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| 1 | | expedient process that is not unduly burdensome on the | 2 | | individual or a provider or other individual acting as a | 3 | | patient's authorized representative to ensure coverage | 4 | | without cost sharing. | 5 | | The conditions listed under this subsection (c) also apply | 6 | | to drugs prescribed for off-label use as abortifacients. | 7 | | (d) Except as otherwise provided in this Section, a policy | 8 | | subject to this Section shall not impose a deductible, | 9 | | coinsurance, copayment, or any other cost-sharing requirement | 10 | | on the coverage provided. The provisions of this subsection do | 11 | | not apply to coverage of procedures to the extent such | 12 | | coverage would disqualify a high-deductible health plan from | 13 | | eligibility for a health savings account pursuant to the | 14 | | federal Internal Revenue Code, 26 U.S.C. 223. | 15 | | (e) Except as otherwise authorized under this Section, a | 16 | | policy shall not impose any restrictions or delays on the | 17 | | coverage required under this Section. | 18 | | (f) The coverage requirements in this Section for
| 19 | | abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),
| 20 | | apply to a multistate plan that does not provide coverage for
| 21 | | abortion. | 22 | | (g) If the Department concludes that enforcement of any
| 23 | | coverage requirement of this Section for abortifacients may
| 24 | | adversely affect the allocation of federal funds to this
| 25 | | State, the Department may grant an exemption to that
| 26 | | requirement, but only to the minimum extent necessary to |
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| 1 | | ensure the continued receipt of federal funds.
| 2 | | (Source: P.A. 102-1117, eff. 1-13-23.) | 3 | | Section 10. The Nurse Practice Act is amended by changing | 4 | | Sections 65-11 and 65-11.5 as follows: | 5 | | (225 ILCS 65/65-11) | 6 | | Sec. 65-11. Temporary permit for advanced practice | 7 | | registered nurses for health care. | 8 | | (a) The Department may issue a temporary permit to an | 9 | | applicant who is licensed to practice as an advanced practice | 10 | | registered nurse in another state. The temporary permit will | 11 | | authorize the practice of providing health care to patients in | 12 | | this State, with a collaborating physician in this State, if | 13 | | all of the following apply: | 14 | | (1) The Department determines that the applicant's | 15 | | services will improve the welfare of Illinois residents | 16 | | and non-residents requiring health care services. | 17 | | (2) The applicant has obtained a graduate degree | 18 | | appropriate for national
certification in a clinical | 19 | | advanced practice registered nursing specialty or a | 20 | | graduate degree or post-master's certificate from a | 21 | | graduate level program in a clinical advanced practice | 22 | | registered nursing specialty; the applicant has submitted | 23 | | verification of licensure status in good standing in the | 24 | | applicant's current state or territory of licensure; and |
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| 1 | | the applicant can furnish the Department with a certified | 2 | | letter upon request from that jurisdiction attesting to | 3 | | the fact that the applicant has no pending action or | 4 | | violations against the applicant's license. | 5 | | The Department will not consider an advanced practice | 6 | | registered nurse's license being revoked or otherwise
| 7 | | disciplined by any state or territory based solely on the
| 8 | | advanced practice registered nurse providing, authorizing,
| 9 | | recommending, aiding, assisting, referring for, or
| 10 | | otherwise participating in any health care service that is
| 11 | | unlawful or prohibited in that state or territory, if the
| 12 | | provision of, authorization of, or participation in that
| 13 | | health care, medical service, or procedure related to any
| 14 | | health care service is not unlawful or prohibited in this
| 15 | | State. | 16 | | (3) The applicant has sufficient training and | 17 | | possesses the appropriate core competencies to provide | 18 | | health care services, and is physically, mentally, and | 19 | | professionally capable of practicing as an advanced | 20 | | practice registered nurse with reasonable judgment, skill, | 21 | | and safety and in accordance with applicable standards of | 22 | | care. | 23 | | (4) The applicant has met the written collaborative | 24 | | agreement requirements under Section 65-35. | 25 | | (5) The applicant will be working pursuant to an | 26 | | agreement with a sponsoring licensed hospital, medical |
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| 1 | | office, clinic, or other medical facility providing health | 2 | | care services. Such agreement shall be executed by an | 3 | | authorized representative of the licensed hospital, | 4 | | medical office, clinic, or other medical facility, | 5 | | certifying that the advanced practice registered nurse | 6 | | holds an active license and is in good standing in the | 7 | | state in which they are licensed. If an applicant for a | 8 | | temporary permit has been previously disciplined by | 9 | | another jurisdiction, except as described in paragraph (2) | 10 | | of subsection (a), further review may be conducted | 11 | | pursuant to the Civil Administrative Code of Illinois and | 12 | | this Act. The application shall include the advanced | 13 | | practice registered nurse's name, contact information, | 14 | | state of licensure, and license number. | 15 | | (6) Payment of a $75 fee. | 16 | | The sponsoring licensed hospital, medical office, clinic, | 17 | | or other medical facility engaged in the agreement with the | 18 | | applicant shall notify the Department should the applicant at | 19 | | any point leave or become separate from the sponsor. | 20 | | The Department may adopt rules to carry out this Section. | 21 | | (b) A temporary permit under this Section shall expire 2 | 22 | | years after the date of issuance. The temporary permit may be | 23 | | renewed for a $45 fee for an additional 2 years. A holder of a | 24 | | temporary permit may only renew one time. | 25 | | (c) The temporary permit shall only permit the holder to | 26 | | practice as an advanced practice registered nurse with a |
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| 1 | | collaborating physician who provides health care services at | 2 | | the location or locations specified on the permit or via | 3 | | telehealth. | 4 | | (d) An application for the temporary permit shall be made | 5 | | to the Department, in writing, on forms prescribed by the | 6 | | Department, and shall be accompanied by a non-refundable fee | 7 | | of $75. The Department shall grant or deny an applicant a | 8 | | temporary permit within 60 days of receipt of a completed | 9 | | application. The Department shall notify the applicant of any | 10 | | deficiencies in the applicant's application materials | 11 | | requiring corrections in a timely manner. | 12 | | (e) An applicant for temporary permit may be requested to | 13 | | appear before the Board to respond to questions concerning the | 14 | | applicant's qualifications to receive the permit. An | 15 | | applicant's refusal to appear before the Board of Nursing may | 16 | | be grounds for denial of the application by the Department. | 17 | | (f) The Secretary may summarily cancel any temporary | 18 | | permit issued pursuant to this Section, without a hearing, if | 19 | | the Secretary finds that evidence in his or her possession | 20 | | indicates that a permit holder's continuation in practice | 21 | | would constitute an imminent danger to the public or violate | 22 | | any provision of this Act or its rules. | 23 | | If the Secretary summarily cancels a temporary permit | 24 | | issued pursuant to this Section or Act, the permit holder may | 25 | | petition the Department for a hearing in accordance with the | 26 | | provisions of Section 70-125 to restore his or her permit, |
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| 1 | | unless the permit holder has exceeded his or her renewal | 2 | | limit. | 3 | | (g) In addition to terminating any temporary permit issued | 4 | | pursuant to this Section or Act, the Department may issue a | 5 | | monetary penalty not to exceed $10,000 upon the temporary | 6 | | permit holder and may notify any state in which the temporary | 7 | | permit holder has been issued a permit that his or her Illinois | 8 | | permit has been terminated and the reasons for the | 9 | | termination. The monetary penalty shall be paid within 60 days | 10 | | after the effective date of the order imposing the penalty. | 11 | | The order shall constitute a judgment and may be filed, and | 12 | | execution had thereon in the same manner as any judgment from | 13 | | any court of record. It is the intent of the General Assembly | 14 | | that a permit issued pursuant to this Section shall be | 15 | | considered a privilege and not a property right. | 16 | | (h) While working in Illinois, all temporary permit | 17 | | holders are subject to all statutory and regulatory | 18 | | requirements of this Act in the same manner as a licensee. | 19 | | Failure to adhere to all statutory and regulatory requirements | 20 | | may result in revocation or other discipline of the temporary | 21 | | permit. | 22 | | (i) If the Department becomes aware of a violation | 23 | | occurring at the facility licensed by the Department of Public | 24 | | Health, licensed hospital, medical office, clinic, or other | 25 | | medical facility, or via telehealth service, the Department | 26 | | shall notify the Department of Public Health. |
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| 1 | | (j) The Department may adopt emergency rules pursuant to | 2 | | this Section. The General Assembly finds that the adoption of | 3 | | rules to implement a temporary permit for health care services | 4 | | is deemed an emergency and necessary for the public interest, | 5 | | safety, and welfare.
| 6 | | (Source: P.A. 102-1117, eff. 1-13-23.) | 7 | | (225 ILCS 65/65-11.5) | 8 | | Sec. 65-11.5. Temporary permit for full practice advanced | 9 | | practice registered nurses for health care. | 10 | | (a) The Department may issue a full practice advanced | 11 | | practice registered nurse temporary permit to an applicant who | 12 | | is licensed to practice as an advanced practice registered | 13 | | nurse in another state. The temporary permit will authorize | 14 | | the practice of providing health care to patients in this | 15 | | State if all of the following apply: | 16 | | (1) The Department determines that the applicant's | 17 | | services will improve the welfare of Illinois residents | 18 | | and non-residents requiring health care services. | 19 | | (2) The applicant has obtained a graduate degree | 20 | | appropriate for national
certification in a clinical | 21 | | advanced practice registered nursing specialty or a | 22 | | graduate degree or post-master's certificate from a | 23 | | graduate level program in a clinical advanced practice | 24 | | registered nursing specialty; the applicant is certified | 25 | | as a nurse practitioner, nurse midwife, or clinical nurse |
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| 1 | | specialist; the applicant has submitted verification of | 2 | | licensure status in good standing in the applicant's | 3 | | current state or territory of licensure; and the applicant | 4 | | can furnish the Department with a certified letter upon | 5 | | request from that jurisdiction attesting to the fact that | 6 | | the applicant has no pending action or violations against | 7 | | the applicant's license. | 8 | | The Department shall not consider an advanced practice | 9 | | registered nurse's license being revoked or otherwise | 10 | | disciplined by any state or territory for the provision | 11 | | of, authorization of, or participation in any health care, | 12 | | medical service, or procedure related to an abortion on | 13 | | the basis that such health care, medical service, or | 14 | | procedure related to an abortion is unlawful or prohibited | 15 | | in that state or territory, if the provision of, | 16 | | authorization of, or participation in that health care, | 17 | | medical service, or procedure related to an abortion is | 18 | | not unlawful or prohibited in this State. | 19 | | (3) The applicant has sufficient training and | 20 | | possesses the appropriate core competencies to provide | 21 | | health care services, and is physically, mentally, and | 22 | | professionally capable of practicing as an advanced | 23 | | practice registered nurse with reasonable judgment, skill, | 24 | | and safety and in accordance with applicable standards of | 25 | | care. | 26 | | (4) The applicant will be working pursuant to an |
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| 1 | | agreement with a sponsoring licensed hospital, medical | 2 | | office, clinic, or other medical facility providing health | 3 | | care services. Such agreement shall be executed by an | 4 | | authorized representative of the licensed hospital, | 5 | | medical office, clinic, or other medical facility, | 6 | | certifying that the advanced practice registered nurse | 7 | | holds an active license and is in good standing in the | 8 | | state in which they are licensed. If an applicant for a | 9 | | temporary permit has been previously disciplined by | 10 | | another jurisdiction, except as described in paragraph (2) | 11 | | of subsection (a), further review may be conducted | 12 | | pursuant to the Civil Administrative Code of Illinois and | 13 | | this Act. The application shall include the advanced | 14 | | practice registered nurse's name, contact information, | 15 | | state of licensure, and license number. | 16 | | (5) Payment of a $75 fee. | 17 | | The sponsoring licensed hospital, medical office, clinic, | 18 | | or other medical facility engaged in the agreement with the | 19 | | applicant shall notify the Department should the applicant at | 20 | | any point leave or become separate from the sponsor. | 21 | | The Department may adopt rules to carry out this Section. | 22 | | (b) A temporary permit under this Section shall expire 2 | 23 | | years after the date of issuance. The temporary permit may be | 24 | | renewed for a $45 fee for an additional 2 years. A holder of a | 25 | | temporary permit may only renew one time. | 26 | | (c) The temporary permit shall only permit the holder to |
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| 1 | | practice as a full practice advanced practice registered nurse | 2 | | within the scope of providing health care services at the | 3 | | location or locations specified on the permit or via | 4 | | telehealth service. | 5 | | (d) An application for the temporary permit shall be made | 6 | | to the Department, in writing, on forms prescribed by the | 7 | | Department, and shall be accompanied by a non-refundable fee | 8 | | of $75. | 9 | | (e) An applicant for temporary permit may be requested to | 10 | | appear before the Board to respond to questions concerning the | 11 | | applicant's qualifications to receive the permit. An | 12 | | applicant's refusal to appear before the Board of Nursing may | 13 | | be grounds for denial of the application by the Department. | 14 | | (f) The Secretary may summarily cancel any temporary | 15 | | permit issued pursuant to this Section, without a hearing, if | 16 | | the Secretary finds that evidence in his or her possession | 17 | | indicates that a permit holder's continuation in practice | 18 | | would constitute an imminent danger to the public or violate | 19 | | any provision of this Act or its rules. | 20 | | If the Secretary summarily cancels a temporary permit | 21 | | issued pursuant to this Section or Act, the permit holder may | 22 | | petition the Department for a hearing in accordance with the | 23 | | provisions of Section 70-125 of this Act to restore his or her | 24 | | permit, unless the permit holder has exceeded his or her | 25 | | renewal limit. | 26 | | (g) In addition to terminating any temporary permit issued |
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| 1 | | pursuant to this Section or Act, the Department may issue a | 2 | | monetary penalty not to exceed $10,000 upon the temporary | 3 | | permit holder and may notify any state in which the temporary | 4 | | permit holder has been issued a permit that his or her Illinois | 5 | | permit has been terminated and the reasons for the | 6 | | termination. The monetary penalty shall be paid within 60 days | 7 | | after the effective date of the order imposing the penalty. | 8 | | The order shall constitute a judgment and may be filed, and | 9 | | execution had thereon in the same manner as any judgment from | 10 | | any court of record. It is the intent of the General Assembly | 11 | | that a permit issued pursuant to this Section shall be | 12 | | considered a privilege and not a property right. | 13 | | (h) While working in Illinois, all temporary permit | 14 | | holders are subject to all statutory and regulatory | 15 | | requirements of this Act in the same manner as a licensee. | 16 | | Failure to adhere to all statutory and regulatory requirements | 17 | | may result in revocation or other discipline of the temporary | 18 | | permit. | 19 | | (i) If the Department becomes aware of a violation | 20 | | occurring at the facility licensed by the Department of Public | 21 | | Health, licensed hospital, medical office, clinic, or other | 22 | | medical facility, or via telehealth service, the Department | 23 | | shall notify the Department of Public Health. | 24 | | (j) The Department may adopt emergency rules pursuant to | 25 | | this Section. The General Assembly finds that the adoption of | 26 | | rules to implement a temporary permit for health care services |
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| 1 | | is deemed an emergency and necessary for the public interest, | 2 | | safety, and welfare.
| 3 | | (Source: P.A. 102-1117, eff. 1-13-23.) | 4 | | Section 15. The Pharmacy Practice Act is amended by | 5 | | changing Section 43.5 as follows: | 6 | | (225 ILCS 85/43.5) | 7 | | (Section scheduled to be repealed on January 1, 2028) | 8 | | Sec. 43.5. HIV prophylaxis. In accordance with a standing | 9 | | order by a physician licensed to practice medicine in all its | 10 | | branches or the medical director of a county or local health | 11 | | department or a standing order by the Department of Public | 12 | | Health , a pharmacist may provide patients with prophylaxis | 13 | | drugs for human immunodeficiency virus pre-exposure | 14 | | prophylaxis or post-exposure prophylaxis. | 15 | | A pharmacist may provide initial assessment and dispensing | 16 | | of prophylaxis drugs for human immunodeficiency virus | 17 | | pre-exposure prophylaxis or post-exposure prophylaxis. If a | 18 | | patient's HIV test results are reactive, the pharmacist shall | 19 | | refer the patient to an appropriate health care professional | 20 | | or clinic. If the patient's HIV test results are nonreactive, | 21 | | the pharmacist may initiate human immunodeficiency virus | 22 | | pre-exposure prophylaxis or post-exposure prophylaxis to | 23 | | eligible patients. | 24 | | The standing order must be consistent with the current |
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| 1 | | version of the guidelines of the Centers for Disease Control | 2 | | and Prevention, guidelines of the United States Preventive | 3 | | Services Task Force, or generally recognized evidence-based | 4 | | clinical guidelines. | 5 | | A pharmacist must communicate the services provided under | 6 | | this Section to the patient and the patient's primary health | 7 | | care provider or other health care professional or clinic, if | 8 | | known. If there is no primary health care provider provided by | 9 | | the patient, then the pharmacist shall give the patient a list | 10 | | of primary health care providers, other health care | 11 | | professionals, and clinics in the area. | 12 | | The services provided under this Section shall be | 13 | | appropriately documented and retained in a confidential manner | 14 | | consistent with State HIV confidentiality requirements. | 15 | | The services provided under this Section shall take place | 16 | | in a private manner. | 17 | | A pharmacist shall complete an educational training | 18 | | program accredited by the Accreditation Council for Pharmacy | 19 | | Education and approved by the Department that is related to | 20 | | the initiation, dispensing, or administration of drugs, | 21 | | laboratory tests, assessments, referrals, and consultations | 22 | | for human immunodeficiency virus pre-exposure prophylaxis and | 23 | | human immunodeficiency virus post-exposure prophylaxis.
| 24 | | (Source: P.A. 102-1051, eff. 1-1-23 .) | 25 | | Section 20. The Physician Assistant Practice Act of 1987 |
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| 1 | | is amended by changing Section 9.7 as follows: | 2 | | (225 ILCS 95/9.7) | 3 | | Sec. 9.7. Temporary permit for health care. | 4 | | (a) The Department may issue a temporary permit to an | 5 | | applicant who is licensed to practice as a physician assistant | 6 | | in another state. The temporary permit will authorize the | 7 | | practice of providing health care to patients in this State, | 8 | | with a collaborating physician in this State, if all of the | 9 | | 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 certification by the | 14 | | National Commission on Certification of Physician | 15 | | Assistants or its successor agency; the applicant has | 16 | | submitted verification of licensure status in good | 17 | | standing in the applicant's current state or territory of | 18 | | licensure; and the applicant can furnish the Department | 19 | | with a certified letter upon request from that | 20 | | jurisdiction attesting to the fact that the applicant has | 21 | | no pending action or violations against the applicant's | 22 | | license. | 23 | | The Department will not consider a physician | 24 | | assistant's license being revoked or otherwise disciplined | 25 | | by any state or territory based solely on the physician |
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| 1 | | providing, authorizing, recommending, aiding, assisting, | 2 | | referring for, or otherwise participating in any health | 3 | | care service that is unlawful or prohibited in that state | 4 | | or territory, if the provision of, authorization of, or | 5 | | participation in that health care service, medical | 6 | | service, or procedure related to any health care service | 7 | | is not unlawful or prohibited in this State. | 8 | | (3) The applicant has sufficient training and | 9 | | possesses the appropriate core competencies to provide | 10 | | health care services, and is physically, mentally, and | 11 | | professionally capable of practicing as a physician | 12 | | assistant with reasonable judgment, skill, and safety and | 13 | | in accordance with applicable standards of care. | 14 | | (4) The applicant has met the written collaborative | 15 | | agreement requirements under subsection (a) of Section | 16 | | 7.5. | 17 | | (5) The applicant will be working pursuant to an | 18 | | agreement with a sponsoring licensed hospital, medical | 19 | | office, clinic, or other medical facility providing health | 20 | | care services. Such agreement shall be executed by an | 21 | | authorized representative of the licensed hospital, | 22 | | medical office, clinic, or other medical facility, | 23 | | certifying that the physician assistant holds an active | 24 | | license and is in good standing in the state in which they | 25 | | are licensed. If an applicant for a temporary permit has | 26 | | been previously disciplined by another jurisdiction, |
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| 1 | | except as described in paragraph (2) of subsection (a), | 2 | | further review may be conducted pursuant to the Civil | 3 | | Administrative Code of Illinois and this Act. The | 4 | | application shall include the physician assistant's name, | 5 | | contact information, state of licensure, and license | 6 | | number. | 7 | | (6) Payment of a $75 fee. | 8 | | The sponsoring licensed hospital, medical office, clinic, | 9 | | or other medical facility engaged in the agreement with the | 10 | | applicant shall notify the Department should the applicant at | 11 | | any point leave or become separate from the sponsor. | 12 | | The Department may adopt rules to carry out this Section. | 13 | | (b) A temporary permit under this Section shall expire 2 | 14 | | years after the date of issuance. The temporary permit may be | 15 | | renewed for a $45 fee for an additional 2 years. A holder of a | 16 | | temporary permit may only renew one time. | 17 | | (c) The temporary permit shall only permit the holder to | 18 | | practice as a physician assistant with a collaborating | 19 | | physician who provides health care services with the sponsor | 20 | | specified on the permit. | 21 | | (d) An application for the temporary permit shall be made | 22 | | to the Department, in writing, on forms prescribed by the | 23 | | Department, and shall be accompanied by a non-refundable fee | 24 | | of $75. The Department shall grant or deny an applicant a | 25 | | temporary permit within 60 days of receipt of a completed | 26 | | application. The Department shall notify the applicant of any |
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| 1 | | deficiencies in the applicant's application materials | 2 | | requiring corrections in a timely manner. | 3 | | (e) An applicant for a temporary permit may be requested | 4 | | to appear before the Board to respond to questions concerning | 5 | | the applicant's qualifications to receive the permit. An | 6 | | applicant's refusal to appear before the Board may be grounds | 7 | | for denial of the application by the Department. | 8 | | (f) The Secretary may summarily cancel any temporary | 9 | | permit issued pursuant to this Section, without a hearing, if | 10 | | the Secretary finds that evidence in his or her possession | 11 | | indicates that a permit holder's continuation in practice | 12 | | would constitute an imminent danger to the public or violate | 13 | | any provision of this Act or its rules. If the Secretary | 14 | | summarily cancels a temporary permit issued pursuant to this | 15 | | Section or Act, the permit holder may petition the Department | 16 | | for a hearing in accordance with the provisions of Section | 17 | | 22.11 to restore his or her permit, unless the permit holder | 18 | | has exceeded his or her 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 that | 25 | | termination. The monetary penalty shall be paid within 60 days | 26 | | after the effective date of the order imposing the penalty. |
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| 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 occurring via telehealth services, the | 16 | | Department 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 25. The Abortion Care Clinical Training Program | 24 | | Act is amended by changing Section 16-15 as follows: |
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| 1 | | (410 ILCS 185/16-15)
| 2 | | Sec. 16-15. Program administration and reporting. | 3 | | (a) Subject to appropriation to the Fund, the Department | 4 | | shall contract with at least one coordinating organization to | 5 | | administer the Program. The Department shall use the Fund to | 6 | | contract with the coordinating organization. | 7 | | (b) A coordinating organization contracted by the | 8 | | Department to administer the Program shall: | 9 | | (1) submit an annual report to the Department | 10 | | regarding Program performance, including the number of | 11 | | participants enrolled, the demographics of Program | 12 | | participants, the number of participants who successfully | 13 | | complete the Program, the outcome of successful Program | 14 | | participants, and the level of involvement of the | 15 | | participants in providing abortion and other forms of | 16 | | reproductive health care in Illinois; and | 17 | | (2) meet any other requirements established by the | 18 | | Department that are not inconsistent with this Act. | 19 | | (c) The Department shall release the name of any | 20 | | coordinating organization it coordinates with and any entity | 21 | | receiving funds to assist in the implementation of this | 22 | | Program through the coordinating organization. The Department | 23 | | shall not release the name of any individual person or health | 24 | | care professional administering services through or | 25 | | participating in the Program. The Department shall, by rule, | 26 | | establish procedures to ensure that sensitive Program |
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| 1 | | information, including any personal information and | 2 | | information that, if released, could endanger the life or | 3 | | physical safety of program participants, remains confidential. | 4 | | (d) Any coordinating organization or other entity | 5 | | receiving funds to implement this Program is subject to the | 6 | | requirements of the Grant Accountability and Transparency Act.
| 7 | | (e) All reports received by the Department in accordance | 8 | | with this Section shall be treated as confidential and exempt | 9 | | from the Freedom of Information Act. | 10 | | (Source: P.A. 102-1117, eff. 1-13-23.) | 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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