Public Act 103-1049
 
SB3784 EnrolledLRB103 36440 CES 66542 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by 
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    (Text of Section before amendment by P.A. 103-472)
    Sec. 7.5. Statutory exemptions. To the extent provided for 
by the statutes referenced below, the following shall be 
exempt from inspection and copying:
        (a) All information determined to be confidential 
    under Section 4002 of the Technology Advancement and 
    Development Act.
        (b) Library circulation and order records identifying 
    library users with specific materials under the Library 
    Records Confidentiality Act.
        (c) Applications, related documents, and medical 
    records received by the Experimental Organ Transplantation 
    Procedures Board and any and all documents or other 
    records prepared by the Experimental Organ Transplantation 
    Procedures Board or its staff relating to applications it 
    has received.
        (d) Information and records held by the Department of 
    Public Health and its authorized representatives relating 
    to known or suspected cases of sexually transmitted 
    infection transmissible disease or any information the 
    disclosure of which is restricted under the Illinois 
    Sexually Transmitted Infection Transmissible Disease 
    Control Act.
        (e) Information the disclosure of which is exempted 
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of 
    the Architectural, Engineering, and Land Surveying 
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted 
    and exempted under Section 50 of the Illinois Prepaid 
    Tuition Act.
        (h) Information the disclosure of which is exempted 
    under the State Officials and Employees Ethics Act, and 
    records of any lawfully created State or local inspector 
    general's office that would be exempt if created or 
    obtained by an Executive Inspector General's office under 
    that Act.
        (i) Information contained in a local emergency energy 
    plan submitted to a municipality in accordance with a 
    local emergency energy plan ordinance that is adopted 
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution 
    of surcharge moneys collected and remitted by carriers 
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information 
    or driver identification information compiled by a law 
    enforcement agency or the Department of Transportation 
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential 
    health care facility resident sexual assault and death 
    review team or the Executive Council under the Abuse 
    Prevention Review Team Act.
        (m) Information provided to the predatory lending 
    database created pursuant to Article 3 of the Residential 
    Real Property Disclosure Act, except to the extent 
    authorized under that Article.
        (n) Defense budgets and petitions for certification of 
    compensation and expenses for court appointed trial 
    counsel as provided under Sections 10 and 15 of the 
    Capital Crimes Litigation Act (repealed). This subsection 
    (n) shall apply until the conclusion of the trial of the 
    case, even if the prosecution chooses not to pursue the 
    death penalty prior to trial or sentencing.
        (o) Information that is prohibited from being 
    disclosed under Section 4 of the Illinois Health and 
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans, 
    investigation reports, surveys, schedules, lists, data, or 
    information compiled, collected, or prepared by or for the 
    Department of Transportation under Sections 2705-300 and 
    2705-616 of the Department of Transportation Law of the 
    Civil Administrative Code of Illinois, the Regional 
    Transportation Authority under Section 2.11 of the 
    Regional Transportation Authority Act, or the St. Clair 
    County Transit District under the Bi-State Transit Safety 
    Act (repealed). 
        (q) Information prohibited from being disclosed by the 
    Personnel Record Review Act. 
        (r) Information prohibited from being disclosed by the 
    Illinois School Student Records Act. 
        (s) Information the disclosure of which is restricted 
    under Section 5-108 of the Public Utilities Act. 
        (t) (Blank). 
        (u) Records and information provided to an independent 
    team of experts under the Developmental Disability and 
    Mental Health Safety Act (also known as Brian's Law). 
        (v) Names and information of people who have applied 
    for or received Firearm Owner's Identification Cards under 
    the Firearm Owners Identification Card Act or applied for 
    or received a concealed carry license under the Firearm 
    Concealed Carry Act, unless otherwise authorized by the 
    Firearm Concealed Carry Act; and databases under the 
    Firearm Concealed Carry Act, records of the Concealed 
    Carry Licensing Review Board under the Firearm Concealed 
    Carry Act, and law enforcement agency objections under the 
    Firearm Concealed Carry Act. 
        (v-5) Records of the Firearm Owner's Identification 
    Card Review Board that are exempted from disclosure under 
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is 
    exempted from disclosure under subsection (g) of Section 
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure 
    under Section 5-1014.3 of the Counties Code or Section 
    8-11-21 of the Illinois Municipal Code. 
        (y) Confidential information under the Adult 
    Protective Services Act and its predecessor enabling 
    statute, the Elder Abuse and Neglect Act, including 
    information about the identity and administrative finding 
    against any caregiver of a verified and substantiated 
    decision of abuse, neglect, or financial exploitation of 
    an eligible adult maintained in the Registry established 
    under Section 7.5 of the Adult Protective Services Act. 
        (z) Records and information provided to a fatality 
    review team or the Illinois Fatality Review Team Advisory 
    Council under Section 15 of the Adult Protective Services 
    Act. 
        (aa) Information which is exempted from disclosure 
    under Section 2.37 of the Wildlife Code. 
        (bb) Information which is or was prohibited from 
    disclosure by the Juvenile Court Act of 1987. 
        (cc) Recordings made under the Law Enforcement 
    Officer-Worn Body Camera Act, except to the extent 
    authorized under that Act.
        (dd) Information that is prohibited from being 
    disclosed under Section 45 of the Condominium and Common 
    Interest Community Ombudsperson Act. 
        (ee) Information that is exempted from disclosure 
    under Section 30.1 of the Pharmacy Practice Act. 
        (ff) Information that is exempted from disclosure 
    under the Revised Uniform Unclaimed Property Act. 
        (gg) Information that is prohibited from being 
    disclosed under Section 7-603.5 of the Illinois Vehicle 
    Code. 
        (hh) Records that are exempt from disclosure under 
    Section 1A-16.7 of the Election Code. 
        (ii) Information which is exempted from disclosure 
    under Section 2505-800 of the Department of Revenue Law of 
    the Civil Administrative Code of Illinois. 
        (jj) Information and reports that are required to be 
    submitted to the Department of Labor by registering day 
    and temporary labor service agencies but are exempt from 
    disclosure under subsection (a-1) of Section 45 of the Day 
    and Temporary Labor Services Act. 
        (kk) Information prohibited from disclosure under the 
    Seizure and Forfeiture Reporting Act. 
        (ll) Information the disclosure of which is restricted 
    and exempted under Section 5-30.8 of the Illinois Public 
    Aid Code. 
        (mm) Records that are exempt from disclosure under 
    Section 4.2 of the Crime Victims Compensation Act. 
        (nn) Information that is exempt from disclosure under 
    Section 70 of the Higher Education Student Assistance Act. 
        (oo) Communications, notes, records, and reports 
    arising out of a peer support counseling session 
    prohibited from disclosure under the First Responders 
    Suicide Prevention Act. 
        (pp) Names and all identifying information relating to 
    an employee of an emergency services provider or law 
    enforcement agency under the First Responders Suicide 
    Prevention Act. 
        (qq) Information and records held by the Department of 
    Public Health and its authorized representatives collected 
    under the Reproductive Health Act. 
        (rr) Information that is exempt from disclosure under 
    the Cannabis Regulation and Tax Act. 
        (ss) Data reported by an employer to the Department of 
    Human Rights pursuant to Section 2-108 of the Illinois 
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy 
    Center Act, except to the extent authorized under that 
    Act. 
        (uu) Information that is exempt from disclosure under 
    Section 50 of the Sexual Assault Evidence Submission Act. 
        (vv) Information that is exempt from disclosure under 
    subsections (f) and (j) of Section 5-36 of the Illinois 
    Public Aid Code. 
        (ww) Information that is exempt from disclosure under 
    Section 16.8 of the State Treasurer Act. 
        (xx) Information that is exempt from disclosure or 
    information that shall not be made public under the 
    Illinois Insurance Code. 
        (yy) Information prohibited from being disclosed under 
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under 
    the Illinois Public Labor Relations Act. 
        (aaa) Information prohibited from being disclosed 
    under Section 1-167 of the Illinois Pension Code. 
        (bbb) Information that is prohibited from disclosure 
    by the Illinois Police Training Act and the Illinois State 
    Police Act. 
        (ccc) Records exempt from disclosure under Section 
    2605-304 of the Illinois State Police Law of the Civil 
    Administrative Code of Illinois. 
        (ddd) Information prohibited from being disclosed 
    under Section 35 of the Address Confidentiality for 
    Victims of Domestic Violence, Sexual Assault, Human 
    Trafficking, or Stalking Act. 
        (eee) Information prohibited from being disclosed 
    under subsection (b) of Section 75 of the Domestic 
    Violence Fatality Review Act. 
        (fff) Images from cameras under the Expressway Camera 
    Act. This subsection (fff) is inoperative on and after 
    July 1, 2025. 
        (ggg) Information prohibited from disclosure under 
    paragraph (3) of subsection (a) of Section 14 of the Nurse 
    Agency Licensing Act. 
        (hhh) Information submitted to the Illinois State 
    Police in an affidavit or application for an assault 
    weapon endorsement, assault weapon attachment endorsement, 
    .50 caliber rifle endorsement, or .50 caliber cartridge 
    endorsement under the Firearm Owners Identification Card 
    Act. 
        (iii) Data exempt from disclosure under Section 50 of 
    the School Safety Drill Act. 
        (jjj) (hhh) Information exempt from disclosure under 
    Section 30 of the Insurance Data Security Law. 
        (kkk) (iii) Confidential business information 
    prohibited from disclosure under Section 45 of the Paint 
    Stewardship Act. 
        (lll) (Reserved). 
        (mmm) (iii) Information prohibited from being 
    disclosed under subsection (e) of Section 1-129 of the 
    Illinois Power Agency Act. 
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 
revised 1-2-24.)
 
    (Text of Section after amendment by P.A. 103-472)
    Sec. 7.5. Statutory exemptions. To the extent provided for 
by the statutes referenced below, the following shall be 
exempt from inspection and copying:
        (a) All information determined to be confidential 
    under Section 4002 of the Technology Advancement and 
    Development Act.
        (b) Library circulation and order records identifying 
    library users with specific materials under the Library 
    Records Confidentiality Act.
        (c) Applications, related documents, and medical 
    records received by the Experimental Organ Transplantation 
    Procedures Board and any and all documents or other 
    records prepared by the Experimental Organ Transplantation 
    Procedures Board or its staff relating to applications it 
    has received.
        (d) Information and records held by the Department of 
    Public Health and its authorized representatives relating 
    to known or suspected cases of sexually transmitted 
    infection transmissible disease or any information the 
    disclosure of which is restricted under the Illinois 
    Sexually Transmitted Infection Transmissible Disease 
    Control Act.
        (e) Information the disclosure of which is exempted 
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of 
    the Architectural, Engineering, and Land Surveying 
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted 
    and exempted under Section 50 of the Illinois Prepaid 
    Tuition Act.
        (h) Information the disclosure of which is exempted 
    under the State Officials and Employees Ethics Act, and 
    records of any lawfully created State or local inspector 
    general's office that would be exempt if created or 
    obtained by an Executive Inspector General's office under 
    that Act.
        (i) Information contained in a local emergency energy 
    plan submitted to a municipality in accordance with a 
    local emergency energy plan ordinance that is adopted 
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution 
    of surcharge moneys collected and remitted by carriers 
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information 
    or driver identification information compiled by a law 
    enforcement agency or the Department of Transportation 
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential 
    health care facility resident sexual assault and death 
    review team or the Executive Council under the Abuse 
    Prevention Review Team Act.
        (m) Information provided to the predatory lending 
    database created pursuant to Article 3 of the Residential 
    Real Property Disclosure Act, except to the extent 
    authorized under that Article.
        (n) Defense budgets and petitions for certification of 
    compensation and expenses for court appointed trial 
    counsel as provided under Sections 10 and 15 of the 
    Capital Crimes Litigation Act (repealed). This subsection 
    (n) shall apply until the conclusion of the trial of the 
    case, even if the prosecution chooses not to pursue the 
    death penalty prior to trial or sentencing.
        (o) Information that is prohibited from being 
    disclosed under Section 4 of the Illinois Health and 
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans, 
    investigation reports, surveys, schedules, lists, data, or 
    information compiled, collected, or prepared by or for the 
    Department of Transportation under Sections 2705-300 and 
    2705-616 of the Department of Transportation Law of the 
    Civil Administrative Code of Illinois, the Regional 
    Transportation Authority under Section 2.11 of the 
    Regional Transportation Authority Act, or the St. Clair 
    County Transit District under the Bi-State Transit Safety 
    Act (repealed). 
        (q) Information prohibited from being disclosed by the 
    Personnel Record Review Act. 
        (r) Information prohibited from being disclosed by the 
    Illinois School Student Records Act. 
        (s) Information the disclosure of which is restricted 
    under Section 5-108 of the Public Utilities Act. 
        (t) (Blank). 
        (u) Records and information provided to an independent 
    team of experts under the Developmental Disability and 
    Mental Health Safety Act (also known as Brian's Law). 
        (v) Names and information of people who have applied 
    for or received Firearm Owner's Identification Cards under 
    the Firearm Owners Identification Card Act or applied for 
    or received a concealed carry license under the Firearm 
    Concealed Carry Act, unless otherwise authorized by the 
    Firearm Concealed Carry Act; and databases under the 
    Firearm Concealed Carry Act, records of the Concealed 
    Carry Licensing Review Board under the Firearm Concealed 
    Carry Act, and law enforcement agency objections under the 
    Firearm Concealed Carry Act. 
        (v-5) Records of the Firearm Owner's Identification 
    Card Review Board that are exempted from disclosure under 
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is 
    exempted from disclosure under subsection (g) of Section 
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure 
    under Section 5-1014.3 of the Counties Code or Section 
    8-11-21 of the Illinois Municipal Code. 
        (y) Confidential information under the Adult 
    Protective Services Act and its predecessor enabling 
    statute, the Elder Abuse and Neglect Act, including 
    information about the identity and administrative finding 
    against any caregiver of a verified and substantiated 
    decision of abuse, neglect, or financial exploitation of 
    an eligible adult maintained in the Registry established 
    under Section 7.5 of the Adult Protective Services Act. 
        (z) Records and information provided to a fatality 
    review team or the Illinois Fatality Review Team Advisory 
    Council under Section 15 of the Adult Protective Services 
    Act. 
        (aa) Information which is exempted from disclosure 
    under Section 2.37 of the Wildlife Code. 
        (bb) Information which is or was prohibited from 
    disclosure by the Juvenile Court Act of 1987. 
        (cc) Recordings made under the Law Enforcement 
    Officer-Worn Body Camera Act, except to the extent 
    authorized under that Act.
        (dd) Information that is prohibited from being 
    disclosed under Section 45 of the Condominium and Common 
    Interest Community Ombudsperson Act. 
        (ee) Information that is exempted from disclosure 
    under Section 30.1 of the Pharmacy Practice Act. 
        (ff) Information that is exempted from disclosure 
    under the Revised Uniform Unclaimed Property Act. 
        (gg) Information that is prohibited from being 
    disclosed under Section 7-603.5 of the Illinois Vehicle 
    Code. 
        (hh) Records that are exempt from disclosure under 
    Section 1A-16.7 of the Election Code. 
        (ii) Information which is exempted from disclosure 
    under Section 2505-800 of the Department of Revenue Law of 
    the Civil Administrative Code of Illinois. 
        (jj) Information and reports that are required to be 
    submitted to the Department of Labor by registering day 
    and temporary labor service agencies but are exempt from 
    disclosure under subsection (a-1) of Section 45 of the Day 
    and Temporary Labor Services Act. 
        (kk) Information prohibited from disclosure under the 
    Seizure and Forfeiture Reporting Act. 
        (ll) Information the disclosure of which is restricted 
    and exempted under Section 5-30.8 of the Illinois Public 
    Aid Code. 
        (mm) Records that are exempt from disclosure under 
    Section 4.2 of the Crime Victims Compensation Act. 
        (nn) Information that is exempt from disclosure under 
    Section 70 of the Higher Education Student Assistance Act. 
        (oo) Communications, notes, records, and reports 
    arising out of a peer support counseling session 
    prohibited from disclosure under the First Responders 
    Suicide Prevention Act. 
        (pp) Names and all identifying information relating to 
    an employee of an emergency services provider or law 
    enforcement agency under the First Responders Suicide 
    Prevention Act. 
        (qq) Information and records held by the Department of 
    Public Health and its authorized representatives collected 
    under the Reproductive Health Act. 
        (rr) Information that is exempt from disclosure under 
    the Cannabis Regulation and Tax Act. 
        (ss) Data reported by an employer to the Department of 
    Human Rights pursuant to Section 2-108 of the Illinois 
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy 
    Center Act, except to the extent authorized under that 
    Act. 
        (uu) Information that is exempt from disclosure under 
    Section 50 of the Sexual Assault Evidence Submission Act. 
        (vv) Information that is exempt from disclosure under 
    subsections (f) and (j) of Section 5-36 of the Illinois 
    Public Aid Code. 
        (ww) Information that is exempt from disclosure under 
    Section 16.8 of the State Treasurer Act. 
        (xx) Information that is exempt from disclosure or 
    information that shall not be made public under the 
    Illinois Insurance Code. 
        (yy) Information prohibited from being disclosed under 
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under 
    the Illinois Public Labor Relations Act. 
        (aaa) Information prohibited from being disclosed 
    under Section 1-167 of the Illinois Pension Code. 
        (bbb) Information that is prohibited from disclosure 
    by the Illinois Police Training Act and the Illinois State 
    Police Act. 
        (ccc) Records exempt from disclosure under Section 
    2605-304 of the Illinois State Police Law of the Civil 
    Administrative Code of Illinois. 
        (ddd) Information prohibited from being disclosed 
    under Section 35 of the Address Confidentiality for 
    Victims of Domestic Violence, Sexual Assault, Human 
    Trafficking, or Stalking Act. 
        (eee) Information prohibited from being disclosed 
    under subsection (b) of Section 75 of the Domestic 
    Violence Fatality Review Act. 
        (fff) Images from cameras under the Expressway Camera 
    Act. This subsection (fff) is inoperative on and after 
    July 1, 2025. 
        (ggg) Information prohibited from disclosure under 
    paragraph (3) of subsection (a) of Section 14 of the Nurse 
    Agency Licensing Act. 
        (hhh) Information submitted to the Illinois State 
    Police in an affidavit or application for an assault 
    weapon endorsement, assault weapon attachment endorsement, 
    .50 caliber rifle endorsement, or .50 caliber cartridge 
    endorsement under the Firearm Owners Identification Card 
    Act. 
        (iii) Data exempt from disclosure under Section 50 of 
    the School Safety Drill Act. 
        (jjj) (hhh) Information exempt from disclosure under 
    Section 30 of the Insurance Data Security Law. 
        (kkk) (iii) Confidential business information 
    prohibited from disclosure under Section 45 of the Paint 
    Stewardship Act. 
        (lll) (iii) Data exempt from disclosure under Section 
    2-3.196 of the School Code. 
        (mmm) (iii) Information prohibited from being 
    disclosed under subsection (e) of Section 1-129 of the 
    Illinois Power Agency Act. 
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
103-580, eff. 12-8-23; revised 1-2-24.)
 
    Section 10. The Department of Public Health Act is amended 
by changing Section 2 as follows:
 
    (20 ILCS 2305/2)  (from Ch. 111 1/2, par. 22)
    Sec. 2. Powers. 
    (a) The State Department of Public Health has general 
supervision of the interests of the health and lives of the 
people of the State. It has supreme authority in matters of 
quarantine and isolation, and may declare and enforce 
quarantine and isolation when none exists, and may modify or 
relax quarantine and isolation when it has been established. 
The Department may adopt, promulgate, repeal and amend rules 
and regulations and make such sanitary investigations and 
inspections as it may from time to time deem necessary for the 
preservation and improvement of the public health, consistent 
with law regulating the following: 
        (1) Transportation of the remains of deceased persons. 
        (2) Sanitary practices relating to drinking water made 
    accessible to the public for human consumption or for 
    lavatory or culinary purposes. 
        (3) Sanitary practices relating to rest room 
    facilities made accessible to the public or to persons 
    handling food served to the public. 
        (4) Sanitary practices relating to disposal of human 
    wastes in or from all buildings and places where people 
    live, work or assemble.
    The provisions of the Illinois Administrative Procedure 
Act are hereby expressly adopted and shall apply to all 
administrative rules and procedures of the Department of 
Public Health under this Act, except that Section 5-35 of the 
Illinois Administrative Procedure Act relating to procedures 
for rule-making does not apply to the adoption of any rule 
required by federal law in connection with which the 
Department is precluded by law from exercising any discretion.
    All local boards of health, health authorities and 
officers, police officers, sheriffs and all other officers and 
employees of the state or any locality shall enforce the rules 
and regulations so adopted and orders issued by the Department 
pursuant to this Section.
    The Department of Public Health shall conduct a public 
information campaign to inform Hispanic women of the high 
incidence of breast cancer and the importance of mammograms 
and where to obtain a mammogram. This requirement may be 
satisfied by translation into Spanish and distribution of the 
breast cancer summaries required by Section 2310-345 of the 
Department of Public Health Powers and Duties Law (20 ILCS 
2310/2310-345). The information provided by the Department of 
Public Health shall include (i) a statement that mammography 
is the most accurate method for making an early detection of 
breast cancer, however, no diagnostic tool is 100% effective 
and (ii) instructions for performing breast self-examination 
and a statement that it is important to perform a breast 
self-examination monthly.
    The Department of Public Health shall investigate the 
causes of dangerously contagious or infectious diseases, 
especially when existing in epidemic form, and take means to 
restrict and suppress the same, and whenever such disease 
becomes, or threatens to become epidemic, in any locality and 
the local board of health or local authorities neglect or 
refuse to enforce efficient measures for its restriction or 
suppression or to act with sufficient promptness or 
efficiency, or whenever the local board of health or local 
authorities neglect or refuse to promptly enforce efficient 
measures for the restriction or suppression of dangerously 
contagious or infectious diseases, the Department of Public 
Health may enforce such measures as it deems necessary to 
protect the public health, and all necessary expenses so 
incurred shall be paid by the locality for which services are 
rendered.
    (b) Subject to the provisions of subsection (c), the 
Department may order a person or group of persons to be 
quarantined or isolated or may order a place to be closed and 
made off limits to the public to prevent the probable spread of 
a dangerously contagious or infectious disease, including 
non-compliant tuberculosis patients, until such time as the 
condition can be corrected or the danger to the public health 
eliminated or reduced in such a manner that no substantial 
danger to the public's health any longer exists. Orders for 
isolation of a person or quarantine of a place to prevent the 
probable spread of a sexually transmitted infection 
transmissible disease shall be governed by the provisions of 
Section 7 of the Illinois Sexually Transmitted Infection 
Transmissible Disease Control Act and not this Section. 
    (c) Except as provided in this Section, no person or a 
group of persons may be ordered to be quarantined or isolated 
and no place may be ordered to be closed and made off limits to 
the public except with the consent of the person or owner of 
the place or upon the prior order of a court of competent 
jurisdiction. The Department may, however, order a person or a 
group of persons to be quarantined or isolated or may order a 
place to be closed and made off limits to the public on an 
immediate basis without prior consent or court order if, in 
the reasonable judgment of the Department, immediate action is 
required to protect the public from a dangerously contagious 
or infectious disease. In the event of an immediate order 
issued without prior consent or court order, the Department 
shall, as soon as practical, within 48 hours after issuing the 
order, obtain the consent of the person or owner or file a 
petition requesting a court order authorizing the isolation or 
quarantine or closure. When exigent circumstances exist that 
cause the court system to be unavailable or that make it 
impossible to obtain consent or file a petition within 48 
hours after issuance of an immediate order, the Department 
must obtain consent or file a petition requesting a court 
order as soon as reasonably possible. To obtain a court order, 
the Department, by clear and convincing evidence, must prove 
that the public's health and welfare are significantly 
endangered by a person or group of persons that has, that is 
suspected of having, that has been exposed to, or that is 
reasonably believed to have been exposed to a dangerously 
contagious or infectious disease including non-compliant 
tuberculosis patients or by a place where there is a 
significant amount of activity likely to spread a dangerously 
contagious or infectious disease. The Department must also 
prove that all other reasonable means of correcting the 
problem have been exhausted and no less restrictive 
alternative exists. For purposes of this subsection, in 
determining whether no less restrictive alternative exists, 
the court shall consider evidence showing that, under the 
circumstances presented by the case in which an order is 
sought, quarantine or isolation is the measure provided for in 
a rule of the Department or in guidelines issued by the Centers 
for Disease Control and Prevention or the World Health 
Organization. Persons who are or are about to be ordered to be 
isolated or quarantined and owners of places that are or are 
about to be closed and made off limits to the public shall have 
the right to counsel. If a person or owner is indigent, the 
court shall appoint counsel for that person or owner. Persons 
who are ordered to be isolated or quarantined or who are owners 
of places that are ordered to be closed and made off limits to 
the public, shall be given a written notice of such order. The 
written notice shall additionally include the following: (1) 
notice of the right to counsel; (2) notice that if the person 
or owner is indigent, the court will appoint counsel for that 
person or owner; (3) notice of the reason for the order for 
isolation, quarantine, or closure; (4) notice of whether the 
order is an immediate order, and if so, the time frame for the 
Department to seek consent or to file a petition requesting a 
court order as set out in this subsection; and (5) notice of 
the anticipated duration of the isolation, quarantine, or 
closure. 
    (d) The Department may order physical examinations and 
tests and collect laboratory specimens as necessary for the 
diagnosis or treatment of individuals in order to prevent the 
probable spread of a dangerously contagious or infectious 
disease. Physical examinations, tests, or collection of 
laboratory specimens must not be such as are reasonably likely 
to lead to serious harm to the affected individual. To prevent 
the spread of a dangerously contagious or infectious disease, 
the Department may, pursuant to the provisions of subsection 
(c) of this Section, isolate or quarantine any person whose 
refusal of physical examination or testing or collection of 
laboratory specimens results in uncertainty regarding whether 
he or she has been exposed to or is infected with a dangerously 
contagious or infectious disease or otherwise poses a danger 
to the public's health. An individual may refuse to consent to 
a physical examination, test, or collection of laboratory 
specimens. An individual shall be given a written notice that 
shall include notice of the following: (i) that the individual 
may refuse to consent to physical examination, test, or 
collection of laboratory specimens; (ii) that if the 
individual consents to physical examination, tests, or 
collection of laboratory specimens, the results of that 
examination, test, or collection of laboratory specimens may 
subject the individual to isolation or quarantine pursuant to 
the provisions of subsection (c) of this Section; (iii) that 
if the individual refuses to consent to physical examination, 
tests, or collection of laboratory specimens and that refusal 
results in uncertainty regarding whether he or she has been 
exposed to or is infected with a dangerously contagious or 
infectious disease or otherwise poses a danger to the public's 
health, the individual may be subject to isolation or 
quarantine pursuant to the provisions of subsection (c) of 
this Section; and (iv) that if the individual refuses to 
consent to physical examinations, tests, or collection of 
laboratory specimens and becomes subject to isolation and 
quarantine as provided in this subsection (d), he or she shall 
have the right to counsel pursuant to the provisions of 
subsection (c) of this Section. To the extent feasible without 
endangering the public's health, the Department shall respect 
and accommodate the religious beliefs of individuals in 
implementing this subsection.
    (e) The Department may order the administration of 
vaccines, medications, or other treatments to persons as 
necessary in order to prevent the probable spread of a 
dangerously contagious or infectious disease. A vaccine, 
medication, or other treatment to be administered must not be 
such as is reasonably likely to lead to serious harm to the 
affected individual. To prevent the spread of a dangerously 
contagious or infectious disease, the Department may, pursuant 
to the provisions of subsection (c) of this Section, isolate 
or quarantine persons who are unable or unwilling to receive 
vaccines, medications, or other treatments pursuant to this 
Section. An individual may refuse to receive vaccines, 
medications, or other treatments. An individual shall be given 
a written notice that shall include notice of the following: 
(i) that the individual may refuse to consent to vaccines, 
medications, or other treatments; (ii) that if the individual 
refuses to receive vaccines, medications, or other treatments, 
the individual may be subject to isolation or quarantine 
pursuant to the provisions of subsection (c) of this Section; 
and (iii) that if the individual refuses to receive vaccines, 
medications, or other treatments and becomes subject to 
isolation or quarantine as provided in this subsection (e), he 
or she shall have the right to counsel pursuant to the 
provisions of subsection (c) of this Section. To the extent 
feasible without endangering the public's health, the 
Department shall respect and accommodate the religious beliefs 
of individuals in implementing this subsection.
    (f) The Department may order observation and monitoring of 
persons to prevent the probable spread of a dangerously 
contagious or infectious disease. To prevent the spread of a 
dangerously contagious or infectious disease, the Department 
may, pursuant to the provisions of subsection (c) of this 
Section, isolate or quarantine persons whose refusal to 
undergo observation and monitoring results in uncertainty 
regarding whether he or she has been exposed to or is infected 
with a dangerously contagious or infectious disease or 
otherwise poses a danger to the public's health. An individual 
may refuse to undergo observation and monitoring. An 
individual shall be given written notice that shall include 
notice of the following: (i) that the individual may refuse to 
undergo observation and monitoring; (ii) that if the 
individual consents to observation and monitoring, the results 
of that observation and monitoring may subject the individual 
to isolation or quarantine pursuant to the provisions of 
subsection (c) of this Section; (iii) that if the individual 
refuses to undergo observation and monitoring and that refusal 
results in uncertainty regarding whether he or she has been 
exposed to or is infected with a dangerously contagious or 
infectious disease or otherwise poses a danger to the public's 
health, the individual may be subject to isolation or 
quarantine pursuant to the provisions of subsection (c) of 
this Section; and (iv) that if the individual refuses to 
undergo observation and monitoring and becomes subject to 
isolation or quarantine as provided in this subsection (f), he 
or she shall have the right to counsel pursuant to the 
provisions of subsection (c) of this Section.
    (g) To prevent the spread of a dangerously contagious or 
infectious disease among humans, the Department may examine, 
test, disinfect, seize, or destroy animals or other related 
property believed to be sources of infection. An owner of such 
animal or other related property shall be given written notice 
regarding such examination, testing, disinfection, seizure, or 
destruction. When the Department determines that any animal or 
related property is infected with or has been exposed to a 
dangerously contagious or infectious disease, it may agree 
with the owner upon the value of the animal or of any related 
property that it may be found necessary to destroy, and in case 
such an agreement cannot be made, the animals or related 
property shall be appraised by 3 competent and disinterested 
appraisers, one to be selected by the Department, one by the 
claimant, and one by the 2 appraisers thus selected. The 
appraisers shall subscribe to an oath made in writing to 
fairly value the animals or related property in accordance 
with the requirements of this Act. The oath, together with the 
valuation fixed by the appraisers, shall be filed with the 
Department and preserved by it. Upon the appraisal being made, 
the owner or the Department shall immediately destroy the 
animals by "humane euthanasia" as that term is defined in 
Section 2.09 of the Humane Care for Animals Act. Dogs and cats, 
however, shall be euthanized pursuant to the provisions of the 
Humane Euthanasia in Animal Shelters Act. The owner or the 
Department shall additionally, dispose of the carcasses, and 
disinfect, change, or destroy the premises occupied by the 
animals, in accordance with rules prescribed by the Department 
governing such destruction and disinfection. Upon his or her 
failure so to do or to cooperate with the Department, the 
Department shall cause the animals or related property to be 
destroyed and disposed of in the same manner, and thereupon 
the owner shall forfeit all right to receive any compensation 
for the destruction of the animals or related property. All 
final administrative decisions of the Department hereunder 
shall be subject to judicial review pursuant to the provisions 
of the Administrative Review Law, and all amendments and 
modifications thereof, and the rules adopted pursuant thereto. 
The term "administrative decision" is defined as in Section 
3-101 of the Code of Civil Procedure. 
    (h) To prevent the spread of a dangerously contagious or 
infectious disease, the Department, local boards of health, 
and local public health authorities shall have emergency 
access to medical or health information or records or data 
upon the condition that the Department, local boards of 
health, and local public health authorities shall protect the 
privacy and confidentiality of any medical or health 
information or records or data obtained pursuant to this 
Section in accordance with federal and State law. 
Additionally, any such medical or health information or 
records or data shall be exempt from inspection and copying 
under the Freedom of Information Act. Other than a hearing for 
the purpose of this Act, any information, records, reports, 
statements, notes, memoranda, or other data in the possession 
of the Department, local boards of health, or local public 
health authorities shall not be admissible as evidence, nor 
discoverable in any action of any kind in any court or before 
any tribunal, board, agency, or person. The access to or 
disclosure of any of this information or data by the 
Department, a local board of health, or a local public 
authority shall not waive or have any effect upon its 
non-discoverability or non-admissibility. Any person, 
facility, institution, or agency that provides emergency 
access to health information and data under this subsection 
shall have immunity from any civil or criminal liability, or 
any other type of liability that might otherwise result by 
reason of these actions except in the event of willful and 
wanton misconduct. The privileged quality of communication 
between any professional person or any facility shall not 
constitute grounds for failure to provide emergency access. 
Nothing in this subsection shall prohibit the sharing of 
information as authorized in Section 2.1 of this Act. The 
disclosure of any of this information, records, reports, 
statements, notes, memoranda, or other data obtained in any 
activity under this Act, except that necessary for the 
purposes of this Act, is unlawful, and any person convicted of 
violating this provision is guilty of a Class A misdemeanor. 
        (i) (A) The Department, in order to prevent and 
    control disease, injury, or disability among citizens of 
    the State of Illinois, may develop and implement, in 
    consultation with local public health authorities, a 
    Statewide system for syndromic data collection through the 
    access to interoperable networks, information exchanges, 
    and databases. The Department may also develop a system 
    for the reporting of comprehensive, integrated data to 
    identify and address unusual occurrences of disease 
    symptoms and other medical complexes affecting the 
    public's health.
        (B) The Department may enter into contracts or 
    agreements with individuals, corporations, hospitals, 
    universities, not-for-profit corporations, governmental 
    entities, or other organizations, whereby those 
    individuals or entities agree to provide assistance in the 
    compilation of the syndromic data collection and reporting 
    system. 
        (C) The Department shall not release any syndromic 
    data or information obtained pursuant to this subsection 
    to any individuals or entities for purposes other than the 
    protection of the public health. All access to data by the 
    Department, reports made to the Department, the identity 
    of or facts that would tend to lead to the identity of the 
    individual who is the subject of the report, and the 
    identity of or facts that would tend to lead to the 
    identity of the author of the report shall be strictly 
    confidential, are not subject to inspection or 
    dissemination, and shall be used only for public health 
    purposes by the Department, local public health 
    authorities, or the Centers for Disease Control and 
    Prevention. Entities or individuals submitting reports or 
    providing access to the Department shall not be held 
    liable for the release of information or confidential data 
    to the Department in accordance with this subsection. 
        (D) Nothing in this subsection prohibits the sharing 
    of information as authorized in Section 2.1 of this Act. 
    (j) This Section shall be considered supplemental to the 
existing authority and powers of the Department and shall not 
be construed to restrain or restrict the Department in 
protecting the public health under any other provisions of the 
law.
    (k) Any person who knowingly or maliciously disseminates 
any false information or report concerning the existence of 
any dangerously contagious or infectious disease in connection 
with the Department's power of quarantine, isolation and 
closure or refuses to comply with a quarantine, isolation or 
closure order is guilty of a Class A misdemeanor.
    (l) The Department of Public Health may establish and 
maintain a chemical and bacteriologic laboratory for the 
examination of water and wastes, and for the diagnosis of 
diphtheria, typhoid fever, tuberculosis, malarial fever and 
such other diseases as it deems necessary for the protection 
of the public health.
    As used in this Act, "locality" means any governmental 
agency which exercises power pertaining to public health in an 
area less than the State.
    The terms "sanitary investigations and inspections" and 
"sanitary practices" as used in this Act shall not include or 
apply to "Public Water Supplies" or "Sewage Works" as defined 
in the Environmental Protection Act. The Department may adopt 
rules that are reasonable and necessary to implement and 
effectuate this amendatory Act of the 93rd General Assembly. 
    (m) The public health measures set forth in subsections 
(a) through (h) of this Section may be used by the Department 
to respond to chemical, radiological, or nuclear agents or 
events. The individual provisions of subsections (a) through 
(h) of this Section apply to any order issued by the Department 
under this Section. The provisions of subsection (k) apply to 
chemical, radiological, or nuclear agents or events. Prior to 
the Department issuing an order for public health measures set 
forth in this Act for chemical, radiological, or nuclear 
agents or events as authorized in subsection (m), the 
Department and the Illinois Emergency Management Agency shall 
consult in accordance with the Illinois emergency response 
framework. When responding to chemical, radiological, or 
nuclear agents or events, the Department shall determine the 
health related risks and appropriate public health response 
measures and provide recommendations for response to the 
Illinois Emergency Management Agency. Nothing in this Section 
shall supersede the current National Incident Management 
System and the Illinois Emergency Operation Plan or response 
plans and procedures established pursuant to IEMA statutes. 
(Source: P.A. 96-698, eff. 8-25-09.)
 
    Section 15. The Hospital Licensing Act is amended by 
changing Section 6.17 as follows:
 
    (210 ILCS 85/6.17)
    Sec. 6.17. Protection of and confidential access to 
medical records and information.
    (a) Every hospital licensed under this Act shall develop a 
medical record for each of its patients as required by the 
Department by rule.
    (b) All information regarding a hospital patient gathered 
by the hospital's medical staff and its agents and employees 
shall be the property and responsibility of the hospital and 
must be protected from inappropriate disclosure as provided in 
this Section.
    (c) Every hospital shall preserve its medical records in a 
format and for a duration established by hospital policy and 
for not less than 10 years, provided that if the hospital has 
been notified in writing by an attorney before the expiration 
of the 10 year retention period that there is litigation 
pending in court involving the record of a particular patient 
as possible evidence and that the patient is his client or is 
the person who has instituted such litigation against his 
client, then the hospital shall retain the record of that 
patient until notified in writing by the plaintiff's attorney, 
with the approval of the defendant's attorney of record, that 
the case in court involving such record has been concluded or 
for a period of 12 years from the date that the record was 
produced, whichever occurs first in time.
    (d) No member of a hospital's medical staff and no agent or 
employee of a hospital shall disclose the nature or details of 
services provided to patients, except that the information may 
be disclosed to the patient, persons authorized by the 
patient, the party making treatment decisions, if the patient 
is incapable of making decisions regarding the health services 
provided, those parties directly involved with providing 
treatment to the patient or processing the payment for that 
treatment, those parties responsible for peer review, 
utilization review or quality assurance, risk management, or 
defense of claims brought against the hospital arising out of 
the care, and those parties required to be notified under the 
Abused and Neglected Child Reporting Act, the Illinois 
Sexually Transmitted Infection Transmissible Disease Control 
Act, or where otherwise authorized or required by law.
    (e) The hospital's medical staff members and the 
hospital's agents and employees may communicate, at any time 
and in any fashion, with legal counsel for the hospital 
concerning the patient medical record privacy and retention 
requirements of this Section and any care or treatment they 
provided or assisted in providing to any patient within the 
scope of their employment or affiliation with the hospital.
    (e-5) Notwithstanding subsections (d) and (e), for actions 
filed on or after January 1, 2004, after a complaint for 
healing art malpractice is served upon the hospital or upon 
its agents or employees, members of the hospital's medical 
staff who are not actual or alleged agents, employees, or 
apparent agents of the hospital may not communicate with legal 
counsel for the hospital or with risk management of the 
hospital concerning the claim alleged in the complaint for 
healing art malpractice against the hospital except with the 
patient's consent or in discovery authorized by the Code of 
Civil Procedure or the Supreme Court rules. For the purposes 
of this subsection (e-5), "hospital" includes a hospital 
affiliate as defined in subsection (b) of Section 10.8 of this 
Act.
    (f) Each hospital licensed under this Act shall provide 
its federally designated organ procurement agency and any 
tissue bank with which it has an agreement with access to the 
medical records of deceased patients for the following 
purposes: 
        (1) estimating the hospital's organ and tissue 
    donation potential; 
        (2) identifying the educational needs of the hospital 
    with respect to organ and tissue donation; and 
        (3) identifying the number of organ and tissue 
    donations and referrals to potential organ and tissue 
    donors.
    (g) All hospital and patient information, interviews, 
reports, statements, memoranda, and other data obtained or 
created by a tissue bank or federally designated organ 
procurement agency from the medical records review described 
in subsection (f) shall be privileged, strictly confidential, 
and used only for the purposes put forth in subsection (f) of 
this Section and shall not be admissible as evidence nor 
discoverable in an action of any kind in court or before a 
tribunal, board, agency, or person.
    (h) Any person who, in good faith, acts in accordance with 
the terms of this Section shall not be subject to any type of 
civil or criminal liability or discipline for unprofessional 
conduct for those actions under any professional licensing 
statute.
    (i) Any individual who wilfully or wantonly discloses 
hospital or medical record information in violation of this 
Section is guilty of a Class A misdemeanor. As used in this 
subsection, "wilfully or wantonly" means a course of action 
that shows an actual or deliberate intention to cause harm or 
that, if not intentional, shows an utter indifference to or 
conscious disregard for the safety of others or their 
property.
    (j) The changes to this Section made by this amendatory 
Act of the 93rd General Assembly apply to any action filed on 
or after January 1, 2004.
(Source: P.A. 93-492, eff. 1-1-04.)
 
    Section 20. The Medical Practice Act of 1987 is amended by 
changing Section 64 as follows:
 
    (225 ILCS 60/64)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 64. Sexually Transmitted Infection Transmissible 
Disease Control Act. No licensee under this Act may be 
disciplined for providing expedited partner therapy in 
accordance with the provisions of the Illinois Sexually 
Transmitted Infection Transmissible Disease Control Act.
(Source: P.A. 96-613, eff. 1-1-10.)
 
    Section 25. The Nurse Practice Act is amended by changing 
Section 70-170 as follows:
 
    (225 ILCS 65/70-170)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 70-170. Sexually Transmitted Infection Transmissible 
Disease Control Act. No licensee under this Act may be 
disciplined for providing expedited partner therapy in 
accordance with the provisions of the Illinois Sexually 
Transmitted Infection Transmissible Disease Control Act.
(Source: P.A. 96-613, eff. 1-1-10.)
 
    Section 30. The Physician Assistant Practice Act of 1987 
is amended by changing Section 25 as follows:
 
    (225 ILCS 95/25)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 25. Sexually Transmitted Infection Transmissible 
Disease Control Act. No licensee under this Act may be 
disciplined for providing expedited partner therapy in 
accordance with the provisions of the Illinois Sexually 
Transmitted Infection Transmissible Disease Control Act.
(Source: P.A. 96-613, eff. 1-1-10.)
 
    Section 35. The Medical Patient Rights Act is amended by 
changing Section 3 as follows:
 
    (410 ILCS 50/3)  (from Ch. 111 1/2, par. 5403)
    Sec. 3. The following rights are hereby established:
        (a) The right of each patient to care consistent with 
    sound nursing and medical practices, to be informed of the 
    name of the physician responsible for coordinating his or 
    her care, to receive information concerning his or her 
    condition and proposed treatment, to refuse any treatment 
    to the extent permitted by law, and to privacy and 
    confidentiality of records except as otherwise provided by 
    law.
        (b) The right of each patient, regardless of source of 
    payment, to examine and receive a reasonable explanation 
    of his total bill for services rendered by his physician 
    or health care provider, including the itemized charges 
    for specific services received. Each physician or health 
    care provider shall be responsible only for a reasonable 
    explanation of those specific services provided by such 
    physician or health care provider.
        (c) In the event an insurance company or health 
    services corporation cancels or refuses to renew an 
    individual policy or plan, the insured patient shall be 
    entitled to timely, prior notice of the termination of 
    such policy or plan.
        An insurance company or health services corporation 
    that requires any insured patient or applicant for new or 
    continued insurance or coverage to be tested for infection 
    with human immunodeficiency virus (HIV) or any other 
    identified causative agent of acquired immunodeficiency 
    syndrome (AIDS) shall (1) give the patient or applicant 
    prior written notice of such requirement, (2) proceed with 
    such testing only upon the written authorization of the 
    applicant or patient, and (3) keep the results of such 
    testing confidential. Notice of an adverse underwriting or 
    coverage decision may be given to any appropriately 
    interested party, but the insurer may only disclose the 
    test result itself to a physician designated by the 
    applicant or patient, and any such disclosure shall be in 
    a manner that assures confidentiality.
        The Department of Insurance shall enforce the 
    provisions of this subsection.
        (d) The right of each patient to privacy and 
    confidentiality in health care. Each physician, health 
    care provider, health services corporation and insurance 
    company shall refrain from disclosing the nature or 
    details of services provided to patients, except that such 
    information may be disclosed: (1) to the patient, (2) to 
    the party making treatment decisions if the patient is 
    incapable of making decisions regarding the health 
    services provided, (3) for treatment in accordance with 45 
    CFR 164.501 and 164.506, (4) for payment in accordance 
    with 45 CFR 164.501 and 164.506, (5) to those parties 
    responsible for peer review, utilization review, and 
    quality assurance, (6) for health care operations in 
    accordance with 45 CFR 164.501 and 164.506, (7) to those 
    parties required to be notified under the Abused and 
    Neglected Child Reporting Act or the Illinois Sexually 
    Transmitted Infection Transmissible Disease Control Act, 
    or (8) as otherwise permitted, authorized, or required by 
    State or federal law. This right may be waived in writing 
    by the patient or the patient's guardian or legal 
    representative, but a physician or other health care 
    provider may not condition the provision of services on 
    the patient's, guardian's, or legal representative's 
    agreement to sign such a waiver. In the interest of public 
    health, safety, and welfare, patient information, 
    including, but not limited to, health information, 
    demographic information, and information about the 
    services provided to patients, may be transmitted to or 
    through a health information exchange, as that term is 
    defined in Section 2 of the Mental Health and 
    Developmental Disabilities Confidentiality Act, in 
    accordance with the disclosures permitted pursuant to this 
    Section. Patients shall be provided the opportunity to opt 
    out of their health information being transmitted to or 
    through a health information exchange in accordance with 
    Section 9.6 of the Mental Health and Developmental 
    Disabilities Confidentiality Act, Section 9.6 of the AIDS 
    Confidentiality Act, or Section 31.8 of the Genetic 
    Information Privacy Act, as applicable. In the case of a 
    patient choosing to opt out of having his or her 
    information available on an HIE, nothing in this Act shall 
    cause the physician or health care provider to be liable 
    for the release of a patient's health information by other 
    entities that may possess such information, including, but 
    not limited to, other health professionals, providers, 
    laboratories, pharmacies, hospitals, ambulatory surgical 
    centers, and nursing homes. 
(Source: P.A. 103-508, eff. 8-4-23.)
 
    Section 40. The Illinois Sexually Transmissible Disease 
Control Act is amended by changing the title of the Act and 
Sections 1, 2, 3, 4, 5, 5.5, 6, 7, 8, and 9 as follows:
 
    (410 ILCS 325/Act title)
    An Act in relation to sexually transmitted infection 
transmissible disease control, amending an Act herein named.
 
    (410 ILCS 325/1)  (from Ch. 111 1/2, par. 7401)
    Sec. 1. Short title. This Act shall be known and may be 
cited as the Illinois Sexually Transmitted Infection 
Transmissible Disease Control Act.
(Source: P.A. 85-681.)
 
    (410 ILCS 325/2)  (from Ch. 111 1/2, par. 7402)
    Sec. 2. Findings; intent. The General Assembly finds and 
declares that sexually transmitted infections transmissible 
diseases constitute a serious and sometimes fatal threat to 
the public and individual health and welfare of the people of 
the State and visitors to the State. The General Assembly 
finds that the incidence of sexually transmitted infections 
transmissible diseases is rising at an alarming rate and that 
these infections diseases result in significant social, health 
and economic costs, including infant and maternal mortality, 
temporary and lifelong disability and premature death. The 
General Assembly finds that sexually transmitted infections 
transmissible diseases, by their nature, involve sensitive 
issues of privacy, and it is the intent of the General Assembly 
that all programs designed to deal with these infections 
diseases afford patients privacy, confidentiality and dignity. 
The General Assembly finds that medical knowledge and 
information about sexually transmitted infections 
transmissible diseases are rapidly changing. The General 
Assembly intends to provide a program that is sufficiently 
flexible to meet emerging needs, deals efficiently and 
effectively with reducing the incidence of sexually 
transmitted infections transmissible diseases, and provides 
patients with a secure knowledge that information they provide 
will remain private and confidential.
(Source: P.A. 85-681.)
 
    (410 ILCS 325/3)  (from Ch. 111 1/2, par. 7403)
    Sec. 3. Definitions. As used in this Act, unless the 
context clearly requires otherwise:
    (1) "Department" means the Department of Public Health.
    (2) "Local health authority" means the full-time official 
health department of board of health, as recognized by the 
Department, having jurisdiction over a particular area.
    (3) "Sexually transmitted infections transmissible 
disease" means a bacterial, viral, fungal or parasitic 
infection disease, determined by rule of the Department to be 
sexually transmissible, to be a threat to the public health 
and welfare, and to be an infection a disease for which a 
legitimate public interest will be served by providing for 
regulation and treatment. In considering which infections 
diseases are to be designated sexually transmitted infections 
transmissible diseases, the Department shall consider such 
infections diseases as chancroid, gonorrhea, granuloma 
inguinale, lymphogranuloma venereum, genital herpes simplex, 
chlamydia, human papillomavirus (HPV), mpox, nongonococcal 
urethritis (NGU), pelvic inflammatory disease (PID)/Acute 
Salpingitis, syphilis, Acquired Immunodeficiency Syndrome 
(AIDS), and Human Immunodeficiency Virus (HIV) for 
designation, and shall consider the recommendations and 
classifications of the Centers for Disease Control and other 
nationally recognized medical authorities. Not all infections 
diseases that are sexually transmissible need be designated 
for purposes of this Act.
    (4) "Health care professional" means a physician licensed 
to practice medicine in all its branches, a licensed physician 
assistant, or a licensed advanced practice registered nurse.
    (5) "Expedited partner therapy" means to prescribe, 
dispense, furnish, or otherwise provide prescription 
antibiotic drugs to the partner or partners of persons 
clinically diagnosed as infected with a sexually transmitted 
infection transmissible disease, without physical examination 
of the partner or partners. 
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
    (410 ILCS 325/4)  (from Ch. 111 1/2, par. 7404)
    Sec. 4. Reporting required. 
    (a) A physician licensed under the provisions of the 
Medical Practice Act of 1987, an advanced practice registered 
nurse licensed under the provisions of the Nurse Practice Act, 
or a physician assistant licensed under the provisions of the 
Physician Assistant Practice Act of 1987 who makes a diagnosis 
of or treats a person with a sexually transmitted infection 
transmissible disease and each laboratory that performs a test 
for a sexually transmitted infection transmissible disease 
which concludes with a positive result shall report such facts 
as may be required by the Department by rule, within such time 
period as the Department may require by rule, but in no case to 
exceed 2 weeks.
    (b) The Department shall adopt rules specifying the 
information required in reporting a sexually transmitted 
infection transmissible disease, the method of reporting and 
specifying a minimum time period for reporting. In adopting 
such rules, the Department shall consider the need for 
information, protections for the privacy and confidentiality 
of the patient, and the practical abilities of persons and 
laboratories to report in a reasonable fashion.
    (c) Any person who knowingly or maliciously disseminates 
any false information or report concerning the existence of 
any sexually transmitted infections transmissible disease 
under this Section is guilty of a Class A misdemeanor.
    (d) Any person who violates the provisions of this Section 
or the rules adopted hereunder may be fined by the Department 
up to $500 for each violation. The Department shall report 
each violation of this Section to the regulatory agency 
responsible for licensing a health care professional or a 
laboratory to which these provisions apply.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
    (410 ILCS 325/5)  (from Ch. 111 1/2, par. 7405)
    Sec. 5. Contact investigation. (a) The Department shall 
adopt rules authorizing interviews and its authorized 
representatives may interview, or cause to be interviewed, all 
persons infected with a sexually transmitted infection 
transmissible disease and all persons whom the Department 
reasonably believes may be infected with such infection 
disease for the purpose of investigating the source and spread 
of the infection disease and for the purpose of ordering a 
person to submit to examination and treatment as necessary for 
the protection of the public health and safety.
    (b) All information gathered in the course of contact 
investigation pursuant to this Section shall be considered 
confidential and subject to the provisions of Section 8 of 
this Act. Such information shall be exempt from inspection and 
copying under The Freedom of Information Act, as amended.
    (c) No person contacted under this Section or reasonably 
believed to be infected with a sexually transmitted infection 
transmissible disease who reveals the name or names of sexual 
contacts during the course of an investigation shall be held 
liable in a civil action for such revelation, unless the 
revelation is made falsely or with reckless disregard for the 
truth.
    (d) Any person who knowingly or maliciously disseminates 
any false information or report concerning the existence of 
any sexually transmitted infection transmissible disease under 
this Section is guilty of a Class A misdemeanor.
(Source: P.A. 85-681.)
 
    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
    Sec. 5.5. Risk assessment. 
    (a) Whenever the Department receives a report of HIV 
infection or AIDS pursuant to this Act and the Department 
determines that the subject of the report may present or may 
have presented a possible risk of HIV transmission, the 
Department shall, when medically appropriate, investigate the 
subject of the report and that person's contacts as defined in 
subsection (c), to assess the potential risks of transmission. 
Any investigation and action shall be conducted in a timely 
fashion. All contacts other than those defined in subsection 
(c) shall be investigated in accordance with Section 5 of this 
Act.
    (b) If the Department determines that there is or may have 
been potential risks of HIV transmission from the subject of 
the report to other persons, the Department shall afford the 
subject the opportunity to submit any information and comment 
on proposed actions the Department intends to take with 
respect to the subject's contacts who are at potential risk of 
transmission of HIV prior to notification of the subject's 
contacts. The Department shall also afford the subject of the 
report the opportunity to notify the subject's contacts in a 
timely fashion who are at potential risk of transmission of 
HIV prior to the Department taking any steps to notify such 
contacts. If the subject declines to notify such contacts or 
if the Department determines the notices to be inadequate or 
incomplete, the Department shall endeavor to notify such other 
persons of the potential risk, and offer testing and 
counseling services to these individuals. When the contacts 
are notified, they shall be informed of the disclosure 
provisions of the AIDS Confidentiality Act and the penalties 
therein and this Section.
    (c) Contacts investigated under this Section shall in the 
case of HIV infection include (i) individuals who have 
undergone invasive procedures performed by an HIV infected 
health care provider and (ii) health care providers who have 
performed invasive procedures for persons infected with HIV, 
provided the Department has determined that there is or may 
have been potential risk of HIV transmission from the health 
care provider to those individuals or from infected persons to 
health care providers. The Department shall have access to the 
subject's records to review for the identity of contacts. The 
subject's records shall not be copied or seized by the 
Department.
    For purposes of this subsection, the term "invasive 
procedures" means those procedures termed invasive by the 
Centers for Disease Control in current guidelines or 
recommendations for the prevention of HIV transmission in 
health care settings, and the term "health care provider" 
means any physician, dentist, podiatric physician, advanced 
practice registered nurse, physician assistant, nurse, or 
other person providing health care services of any kind.
    (d) All information and records held by the Department and 
local health authorities pertaining to activities conducted 
pursuant to this Section shall be strictly confidential and 
exempt from copying and inspection under the Freedom of 
Information Act. Such information and records shall not be 
released or made public by the Department or local health 
authorities, and shall not be admissible as evidence, nor 
discoverable in any action of any kind in any court or before 
any tribunal, board, agency or person and shall be treated in 
the same manner as the information and those records subject 
to the provisions of Part 21 of Article VIII of the Code of 
Civil Procedure except under the following circumstances:
        (1) When made with the written consent of all persons 
    to whom this information pertains;
        (2) (Blank); or
        (3) When made by the Department for the purpose of 
    seeking a warrant authorized by Sections 6 and 7 of this 
    Act. Such disclosure shall conform to the requirements of 
    subsection (a) of Section 8 of this Act.
    (e) Any person who knowingly or maliciously disseminates 
any information or report concerning the existence of any 
infection disease under this Section is guilty of a Class A 
misdemeanor.
(Source: P.A. 102-168, eff. 7-27-21.)
 
    (410 ILCS 325/6)  (from Ch. 111 1/2, par. 7406)
    Sec. 6. Physical examination and treatment. 
    (a) Subject to the provisions of subsection (c) of this 
Section, the Department and its authorized representatives may 
examine or cause to be examined persons reasonably believed to 
be infected with or to have been exposed to a sexually 
transmitted infection transmissible disease.
    (b) Subject to the provisions of subsection (c) of this 
Section, persons with a sexually transmitted infection 
transmissible disease shall report for complete treatment to a 
physician licensed under the provisions of the Medical 
Practice Act of 1987, or shall submit to treatment at a 
facility provided by a local health authority or other public 
facility, as the Department shall require by rule or 
regulation until the infection disease is noncommunicable or 
the Department determines that the person does not present a 
real and present danger to the public health. This subsection 
(b) shall not be construed to require the Department or local 
health authorities to pay for or provide such treatment.
    (c) No person shall be apprehended, examined or treated 
for a sexually transmitted infection transmissible disease 
against his will, under the provisions of this Act, except 
upon the presentation of a warrant duly authorized by a court 
of competent jurisdiction. In requesting the issuance of such 
a warrant the Department shall show by a preponderance of 
evidence that the person is infectious and that a real and 
present danger to the public health and welfare exists unless 
such warrant is issued and shall show that all other 
reasonable means of obtaining compliance have been exhausted 
and that no other less restrictive alternative is available. 
The court shall require any proceedings authorized by this 
subsection (c) to be conducted in camera. A record shall be 
made of such proceedings but shall be sealed, impounded and 
preserved in the records of the court, to be made available to 
the reviewing court in the event of an appeal.
    (d) Any person who knowingly or maliciously disseminates 
any false information or report concerning the existence of 
any sexually transmitted infection transmissible disease under 
this Section is guilty of a Class A misdemeanor.
    (e) Taking into account the recommendations of the U.S. 
Centers for Disease Control and Prevention and other 
nationally recognized medical authorities, the Department 
shall provide information and technical assistance as 
appropriate to health care professionals who provide expedited 
partner therapy services for persons with sexually transmitted 
infections transmissible diseases.
        (1) Notwithstanding any other provision of law, a 
    health care professional who makes a clinical diagnosis of 
    chlamydia, gonorrhea, or trichomoniasis may prescribe, 
    dispense, furnish, or otherwise provide prescription 
    antibiotic drugs to the infected person's sexual partner 
    or partners for the treatment of the sexually transmitted 
    infection transmissible disease without physical 
    examination of the partner or partners, if in the judgment 
    of the health care professional the partner is unlikely or 
    unable to present for comprehensive healthcare, including 
    evaluation, testing, and treatment for sexually 
    transmitted infections transmissible diseases. Expedited 
    partner therapy shall be limited to partners who may have 
    been exposed to a sexually transmitted infection 
    transmissible disease within the previous 60 days, if the 
    patient is able to contact the partner.
        (2) Health care professionals who provide expedited 
    partner therapy shall comply with Sections 4 and 5 of this 
    the Illinois Sexually Transmissible Disease Control Act.
        (3) Health care professionals who provide expedited 
    partner therapy shall provide counseling for the patient 
    and written materials provided by the Department to be 
    given by the patient to the partner or partners that 
    include at a minimum the following:
            (A) a warning that a woman who is pregnant or might 
        be pregnant must not take certain antibiotics and must 
        immediately contact a health care professional for an 
        examination, and a recommendation for such an 
        examination;
            (B) information about the antibiotic and dosage 
        provided or prescribed; clear and explicit allergy and 
        side effect warnings, including a warning that a 
        partner who has a history of allergy to the antibiotic 
        or the pharmaceutical class of antibiotic must not 
        take the antibiotic and must be immediately examined 
        by a health care professional, and a recommendation 
        for such an examination; 
            (C) information about the treatment and prevention 
        of sexually transmitted infections transmissible 
        diseases; 
            (D) the requirement of abstinence until a period 
        of time after treatment to prevent infecting others;
            (E) notification of the importance of the partner 
        or partners of the patient to receive examination and 
        testing for HIV and other sexually transmitted 
        infections transmissible diseases, and available 
        resources;
            (F) notification of the risk to self, others, and 
        the public health if the sexually transmitted 
        infection transmissible disease is not completely and 
        successfully treated;
            (G) the responsibility of the partner or partners 
        to inform his or her sex partner or partners of the 
        risk of sexually transmitted infection transmissible 
        disease and the importance of prompt examination and 
        treatment; and 
            (H) other information as deemed necessary by the 
        Department. 
        (4) The Department shall develop and disseminate in 
    electronic and other formats the following written 
    materials:
            (A) informational materials for partners, as 
        required in item (3) of this subsection (e);
            (B) informational materials for persons who are 
        repeatedly diagnosed with sexually transmitted 
        infections transmissible diseases; and
            (C) guidance for health care professionals on the 
        safe and effective provision of expedited partner 
        therapy. 
        The Department may offer educational programs about 
    expedited partner therapy for health care professionals 
    and pharmacists licensed under the Pharmacy Practice Act. 
        (5) A health care professional prescribing, 
    dispensing, furnishing, or otherwise providing in good 
    faith without fee or compensation prescription antibiotics 
    to partners under this subsection (e) and providing 
    counseling and written materials as required by item (3) 
    of this subsection (e) shall not be subject to civil or 
    professional liability, except for willful and wanton 
    misconduct. A health care professional shall not be 
    subject to civil or professional liability for choosing 
    not to provide expedited partner therapy.
        (6) A pharmacist or pharmacy shall not be subject to 
    civil or professional liability for choosing not to fill a 
    prescription that would cause the pharmacist or pharmacy 
    to violate any provision of the Pharmacy Practice Act, 
    including the definition of "prescription" set forth in 
    subsection (e) of Section 3 of the Pharmacy Practice Act 
    or the definition of "drug regimen review" set forth in 
    subsection (y) of Section 3 of the Pharmacy Practice Act. 
(Source: P.A. 102-185, eff. 1-1-22.)
 
    (410 ILCS 325/7)  (from Ch. 111 1/2, par. 7407)
    Sec. 7. Quarantine and isolation. 
    (a) Subject to the provisions of subsection (b) of this 
Section, the Department may order a person to be isolated or a 
place to be quarantined and made off limits to the public to 
prevent the probable spread of a sexually transmitted 
infection transmissible disease, until such time as the 
condition can be corrected or the danger to the public health 
eliminated or reduced in such a manner that no substantial 
danger to the public's health any longer exists.
    (b) No person may be ordered to be isolated, and no place 
may be ordered to be quarantined, except with the consent of 
such person or owner of such place or upon the order of a court 
of competent jurisdiction and upon proof by the Department, by 
clear and convincing evidence, that the public's health and 
welfare are significantly endangered by a person with a 
sexually transmitted infection transmissible disease or by a 
place where there is a significant amount of sexual activity 
likely to spread a sexually transmitted infection 
transmissible disease, and upon proof that all other 
reasonable means of correcting the problem have been exhausted 
and no less restrictive alternative exists.
    (c) This Section shall be considered supplemental to the 
existing authorities and powers of the Department, and shall 
not be construed to restrain or restrict the Department in 
protecting the public health under any other provisions of the 
law.
    (d) Any person who knowingly or maliciously disseminates 
any false information or report concerning the existence of 
any sexually transmitted infection transmissible disease in 
connection with the Department's power of quarantine and 
isolation is guilty of a Class A misdemeanor.
(Source: P.A. 85-681.)
 
    (410 ILCS 325/8)  (from Ch. 111 1/2, par. 7408)
    Sec. 8. Confidentiality. 
    (a) All information and records held by the Department and 
its authorized representatives relating to known or suspected 
cases of sexually transmitted infections transmissible 
diseases shall be strictly confidential and exempt from 
inspection and copying under The Freedom of Information Act, 
as amended. The Department and its authorized representatives 
shall not disclose information and records held by them 
relating to known or suspected cases of sexually transmitted 
infections transmissible diseases publicly or in any action of 
any kind in any court or before any tribunal, board, or agency, 
and such information shall not be released or made public by a 
court conducting proceedings authorized by subsection (c) of 
Section 6 of this Act, except that release of such information 
may be made under the following circumstances: 
        (1) When made with the consent of all persons to which 
    the information applies; 
        (2) When made for statistical purposes and medical or 
    epidemiologic information is summarized so that no person 
    can be identified and no names are revealed; 
        (3) When made to medical personnel, appropriate State 
    agencies or courts of appropriate jurisdiction to enforce 
    the provisions of this Act and related rules; or 
        (4) When made to persons determined by the Department 
    to be or have been at potential risk of HIV transmission 
    pursuant to Section 5.5 of this Act.
    (b) (Blank).
    (c) A court hearing a request for the issuance of a warrant 
as authorized in subsection (c) of Section 6 of this Act shall 
conduct such proceedings in camera. A record shall be made of 
authorized proceedings but shall be sealed, impounded and 
preserved in the records of the court, to be made available to 
the reviewing court in the event of an appeal.
    (d) No employee of the Department or its authorized 
representatives shall be examined in a civil, criminal, 
special or other proceeding concerning the existence or 
contents of pertinent records of a person examined or treated 
for a sexually transmitted infection transmissible disease by 
the Department or its authorized representatives pursuant to 
the provisions of this Act, or concerning the existence or 
contents of such reports received from a private physician or 
private health facility, pursuant to the provisions of this 
Act, without the consent of the person examined and treated 
for such infections diseases, except in proceedings under 
Sections 6 and 7 of this Act.
    (e) Any person who knowingly violates the confidentiality 
provisions of this Section is guilty of a Class A misdemeanor.
    (f) Any person who knowingly or maliciously disseminates 
any false information or report concerning the existence of 
any sexually transmitted infection transmissible disease under 
this Section is guilty of a Class A misdemeanor.
(Source: P.A. 89-381, eff. 8-18-95.)
 
    (410 ILCS 325/9)  (from Ch. 111 1/2, par. 7409)
    Sec. 9. Prisoners. 
    (a) The Department and its authorized representatives may, 
at its discretion, enter any State, county or municipal 
detention facility to interview, examine and treat any 
prisoner for a sexually transmitted infection transmissible 
disease. Any such State, county or municipal detention 
facility shall cooperate with the Department and its 
authorized representative to provide such space as is 
necessary for the examination and treatment of all prisoners 
suffering from or suspected of having a sexually transmitted 
infection transmissible disease.
    (b) Nothing in this Section shall be construed as 
relieving the Department of Corrections or any county or 
municipality of their primary responsibility for providing 
medical treatment for prisoners under their jurisdiction, 
including treatment for sexually transmitted infections 
transmissible diseases.
    (c) Any person who knowingly or maliciously disseminates 
any false information or report concerning the existence of 
any sexually transmitted infection transmissible disease under 
this Section is guilty of a Class A misdemeanor.
    (d) The Department, in consultation with the Department of 
Corrections, shall develop and implement written procedures 
that establish a process for confidentially notifying and 
recommending sexually transmitted infection transmissible 
disease testing of the contacts of a committed person who has 
been diagnosed with a sexually transmitted infection 
transmissible disease and for notifying and recommending 
sexually transmitted infection transmissible disease testing 
of a committed person who has had contact with one diagnosed 
with a sexually transmitted infection transmissible disease. 
The process shall be in accordance with Sections 3, 5, and 8 of 
this Act. 
(Source: P.A. 97-928, eff. 8-10-12.)
 
    Section 45. The Abused and Neglected Child Reporting Act 
is amended by changing Section 5 as follows:
 
    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
    Sec. 5. An officer of a local law enforcement agency, 
designated employee of the Department, or a physician treating 
a child may take or retain temporary protective custody of the 
child without the consent of the person responsible for the 
child's welfare, if (1) the officer of a local law enforcement 
agency, designated employee of the Department, or a physician 
treating a child has reason to believe that the child cannot be 
cared for at home or in the custody of the person responsible 
for the child's welfare without endangering the child's health 
or safety; and (2) there is not time to apply for a court order 
under the Juvenile Court Act of 1987 for temporary custody of 
the child. The person taking or retaining a child in temporary 
protective custody shall immediately make every reasonable 
effort to notify the person responsible for the child's 
welfare and shall immediately notify the Department. The 
Department shall provide to the temporary caretaker of a child 
any information in the Department's possession concerning the 
positive results of a test performed on the child to determine 
the presence of the antibody or antigen to Human 
Immunodeficiency Virus (HIV), or of HIV infection, as well as 
any communicable diseases or communicable infections that the 
child has. The temporary caretaker of a child shall not 
disclose to another person any information received by the 
temporary caretaker from the Department concerning the results 
of a test performed on the child to determine the presence of 
the antibody or antigen to HIV, or of HIV infection, except 
pursuant to Section 9 of the AIDS Confidentiality Act, as now 
or hereafter amended. The Department shall promptly initiate 
proceedings under the Juvenile Court Act of 1987 for the 
continued temporary custody of the child.
    Where the physician keeping a child in the physician's 
custody does so in the physician's capacity as a member of the 
staff of a hospital or similar institution, the physician 
shall notify the person in charge of the institution or the 
designated agent of the person in charge, who shall then 
become responsible for the further care of such child in the 
hospital or similar institution under the direction of the 
Department.
    Said care includes, but is not limited to the granting of 
permission to perform emergency medical treatment to a minor 
where the treatment itself does not involve a substantial risk 
of harm to the minor and the failure to render such treatment 
will likely result in death or permanent harm to the minor, and 
there is not time to apply for a court order under the Juvenile 
Court Act of 1987.
    Any person authorized and acting in good faith in the 
removal of a child under this Section shall have immunity from 
any liability, civil or criminal, that might otherwise be 
incurred or imposed as a result of such removal. Any physician 
authorized and acting in good faith and in accordance with 
acceptable medical practice in the treatment of a child under 
this Section shall have immunity from any liability, civil or 
criminal, that might otherwise be incurred or imposed as a 
result of granting permission for emergency treatment.
    With respect to any child taken into temporary protective 
custody pursuant to this Section, the Department of Children 
and Family Services Guardianship Administrator or the 
Guardianship Administrator's designee shall be deemed the 
child's legally authorized representative for purposes of 
consenting to an HIV test if deemed necessary and appropriate 
by the Department's Guardianship Administrator or the 
Guardianship Administrator's designee and obtaining and 
disclosing information concerning such test pursuant to the 
AIDS Confidentiality Act if deemed necessary and appropriate 
by the Department's Guardianship Administrator or the 
Guardianship Administrator's designee and for purposes of 
consenting to the release of information pursuant to the 
Illinois Sexually Transmitted Infection Transmissible Disease 
Control Act if deemed necessary and appropriate by the 
Department's Guardianship Administrator or designee.
    Any person who administers an HIV test upon the consent of 
the Department of Children and Family Services Guardianship 
Administrator or the Guardianship Administrator's designee, or 
who discloses the results of such tests to the Department's 
Guardianship Administrator or the Guardianship Administrator's 
designee, shall have immunity from any liability, civil, 
criminal or otherwise, that might result by reason of such 
actions. For the purpose of any proceedings, civil or 
criminal, the good faith of any persons required to administer 
or disclose the results of tests, or permitted to take such 
actions, shall be presumed.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    Section 50. The Perinatal HIV Prevention Act is amended by 
changing Section 15 as follows:
 
    (410 ILCS 335/15)
    Sec. 15. Reporting.
    (a) Health care facilities shall adopt a policy that 
provides that a report of a preliminarily HIV-positive woman 
identified by a rapid HIV test or a report of a preliminarily 
HIV-exposed newborn infant identified by a rapid HIV test 
shall be made to the Department's Perinatal HIV Hotline within 
12 hours but not later than 24 hours of the test result. 
Section 15 of the AIDS Confidentiality Act applies to 
reporting under this Act, except that the immunities set forth 
in that Section do not apply in cases of willful or wanton 
misconduct.
    (b) The Department shall adopt rules specifying the 
information required in reporting the preliminarily 
HIV-positive pregnant or post-partum woman and preliminarily 
HIV-exposed newborn infant and the method of reporting. In 
adopting the rules, the Department shall consider the need for 
information, protections for the privacy and confidentiality 
of the infant and parents, the need to provide access to care 
and follow-up services to the infant, and procedures for 
destruction of records maintained by the Department if, 
through subsequent HIV testing, the pregnant or post-partum 
woman or newborn infant is found to be HIV-negative.
    (c) The confidentiality provisions of the AIDS 
Confidentiality Act shall apply to the reports of cases of 
perinatal HIV made pursuant to this Section.
    (d) Health care facilities shall monthly report aggregate 
statistics to the Department that include the number of 
pregnant or delivering women who presented with known HIV 
status; the number of pregnant women rapidly tested for HIV in 
labor and delivery as either a first HIV test or a repeat third 
trimester HIV test; the number of newborn infants rapidly 
tested for HIV-exposure because the HIV status of the 
delivering woman was unknown in the third trimester, or the 
delivering woman refused testing; the number of preliminarily 
HIV-positive pregnant or delivering women and preliminarily 
HIV-exposed newborn infants identified; the number of families 
referred to case management; and other information the 
Department determines is necessary to measure progress under 
the provisions of this Act. Health care facilities must report 
the confirmatory test result when it becomes available for 
each preliminarily positive rapid HIV test performed on the 
pregnant or delivering woman and on a newborn. 
    (e) The Department or its authorized representative shall 
provide case management services to the preliminarily positive 
pregnant or post-partum woman or the parent or guardian of the 
preliminarily positive newborn infant to ensure access to 
treatment and care and other services where the pregnant or 
post-partum woman or the parent or guardian of the newborn 
infant has consented to the services.
    (f) Every health care facility caring for a newborn infant 
whose mother had been diagnosed HIV positive prior to labor 
and delivery shall report a case of perinatal HIV exposure in 
accordance with the HIV/AIDS Registry Act, the Illinois 
Sexually Transmitted Infection 
Transmissible Disease Control 
Act, and rules to be developed by the Department. If after 18 
months from the date that the report was submitted, a newborn 
infant is determined to not have HIV or AIDS, the Department 
shall remove the newborn infant's name from all reports, 
records, and files collected or created under this subsection 
(f). 
(Source: P.A. 100-265, eff. 8-22-17.)
 
    Section 55
. The Juvenile Court Act of 1987 is amended by 
changing Section 2-11 as follows:
 
    (705 ILCS 405/2-11)  (from Ch. 37, par. 802-11)
    Sec. 2-11. Medical and dental treatment and care. At all 
times during temporary custody or shelter care, the court may 
authorize a physician, a hospital or any other appropriate 
health care provider to provide medical, dental or surgical 
procedures if such procedures are necessary to safeguard the 
minor's life or health.
    With respect to any minor for whom the Department of 
Children and Family Services Guardianship Administrator is 
appointed the temporary custodian, the Guardianship 
Administrator or the Guardianship Administrator's designee 
shall be deemed the minor's legally authorized representative 
for purposes of consenting to an HIV test and obtaining and 
disclosing information concerning such test pursuant to the 
AIDS Confidentiality Act and for purposes of consenting to the 
release of information pursuant to the Illinois Sexually 
Transmitted Infection Transmissible Disease Control Act.
    Any person who administers an HIV test upon the consent of 
the Department of Children and Family Services Guardianship 
Administrator or the Guardianship Administrator's designee, or 
who discloses the results of such tests to the Department's 
Guardianship Administrator or the Guardianship Administrator's 
designee, shall have immunity from any liability, civil, 
criminal or otherwise, that might result by reason of such 
actions. For the purpose of any proceedings, civil or 
criminal, the good faith of any persons required to administer 
or disclose the results of tests, or permitted to take such 
actions, shall be presumed.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.