Rep. Kelly M. Cassidy

Filed: 5/26/2019

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1 AMENDMENT TO SENATE BILL 25

2 AMENDMENT NO. ______. Amend Senate Bill 25 by replacing

3 everything after the enacting clause with the following:

4 "Article 1. REPRODUCTIVE HEALTH ACT

5 Section 1-1. Short title. This Act may be cited as the

6 Reproductive Health Act.

7 Section 1-5. Scope. This Act sets forth the fundamental

8 rights of individuals to make autonomous decisions about one's

9 own reproductive health, including the fundamental right to use

10 or refuse reproductive health care. This includes the

11 fundamental right of an individual to use or refuse

12 contraception or sterilization, and to make autonomous

13 decisions about how to exercise that right; and the fundamental

14 right of an individual who becomes pregnant to continue the

15 pregnancy and give birth to a child, or to have an abortion,

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1 and to make autonomous decisions about how to exercise that

2 right. This Act restricts the ability of the State to deny,

3 interfere with, or discriminate against these fundamental

4 rights.

5 The purposes of this Act are:

6 (1) To establish laws and policies that protect

7 individual decision-making in the area of reproductive

8 health and that support access to the full scope of quality

9 reproductive health care for all in our State; and

10 (2) To permit regulation of reproductive health care,

11 including contraception, abortion, and maternity care,

12 only to the extent that such regulation is narrowly

13 tailored to protect a compelling State interest, which for

14 the purposes of this Act means: consistent with accepted

15 standards of clinical practice, evidence based, and

16 narrowly tailored for the limited purpose of protecting the

17 health of people seeking such care and in the manner that

18 least restricts a person's autonomous decision-making.

19 Section 1-10. Definitions. As used in this Act:

20 "Abortion" means the use of any instrument, medicine, drug,

21 or any other substance or device to terminate the pregnancy of

22 an individual known to be pregnant with an intention other than

23 to increase the probability of a live birth, to preserve the

24 life or health of the child after live birth, or to remove a

25 dead fetus.

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1 "Advanced practice registered nurse" has the same meaning

2 as it does in Section 50-10 of the Nurse Practice Act.

3 "Department" means the Illinois Department of Public

4 Health.

5 "Fetal viability" means that, in the professional judgment

6 of the attending health care professional, based on the

7 particular facts of the case, there is a significant likelihood

8 of a fetus' sustained survival outside the uterus without the

9 application of extraordinary medical measures.

10 "Health care professional" means a person who is licensed

11 as a physician, advanced practice registered nurse, or

12 physician assistant.

13 "Health of the patient" means all factors that are relevant

14 to the patient's health and well-being, including, but not

15 limited to, physical, emotional, psychological, and familial

16 health and age.

17 "Maternity care" means the health care provided in relation

18 to pregnancy, labor and childbirth, and the postpartum period,

19 and includes prenatal care, care during labor and birthing, and

20 postpartum care extending through one-year postpartum.

21 Maternity care shall, seek to optimize positive outcomes for

22 the patient, and be provided on the basis of the physical and

23 psychosocial needs of the patient. Notwithstanding any of the

24 above, all care shall be subject to the informed and voluntary

25 consent of the patient, or the patient's legal proxy, when the

26 patient is unable to give consent.

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1 "Physician" means any person licensed to practice medicine

2 in all its branches under the Medical Practice Act of 1987.

3 "Physician assistant" has the same meaning as it does in

4 Section 4 of the Physician Assistant Practice Act of 1987.

5 "Pregnancy" means the human reproductive process,

6 beginning with the implantation of an embryo.

7 "Prevailing party" has the same meaning as in the Illinois

8 Civil Rights Act of 2003.

9 "Reproductive health care" means health care offered,

10 arranged, or furnished for the purpose of preventing pregnancy,

11 terminating a pregnancy, managing pregnancy loss, or improving

12 maternal health and birth outcomes. Reproductive health care

13 includes, but is not limited to: contraception; sterilization;

14 preconception care; maternity care; abortion care; and

15 counseling regarding reproductive health care.

16 "State" includes any branch, department, agency,

17 instrumentality, and official or other person acting under

18 color of law of this State or a political subdivision of the

19 State, including any unit of local government (including a home

20 rule unit), school district, instrumentality, or public

21 subdivision.

22 Section 1-15. Fundamental reproductive health rights.

23 (a) Every individual has a fundamental right to make

24 autonomous decisions about the individual's own reproductive

25 health, including the fundamental right to use or refuse

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1 reproductive health care.

2 (b) Every individual who becomes pregnant has a fundamental

3 right to continue the pregnancy and give birth or to have an

4 abortion, and to make autonomous decisions about how to

5 exercise that right.

6 (c) A fertilized egg, embryo, or fetus does not have

7 independent rights under the laws of this State.

8 Section 1-20. Prohibited State actions; causes of action.

9 (a)The State shall not:

10 (1) deny, restrict, interfere with, or discriminate

11 against an individual's exercise of the fundamental rights

12 set forth in this Act, including individuals under State

13 custody, control, or supervision; or

14 (2) prosecute, punish, or otherwise deprive any

15 individual of the individual's rights for any act or

16 failure to act during the individual's own pregnancy, if

17 the predominant basis for such prosecution, punishment, or

18 deprivation of rights is the potential, actual, or

19 perceived impact on the pregnancy or its outcomes or on the

20 pregnant individual's own health.

21 (b) Any party aggrieved by conduct or regulation in

22 violation of this Act may bring a civil lawsuit, in a federal

23 district court or State circuit court, against the offending

24 unit of government. Any State claim brought in federal district

25 court shall be a supplemental claim to a federal claim.

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1 (c) Upon motion, a court shall award reasonable attorney's

2 fees and costs, including expert witness fees and other

3 litigation expenses, to a plaintiff who is a prevailing party

4 in any action brought pursuant to this Section. In awarding

5 reasonable attorney's fees, the court shall consider the degree

6 to which the relief obtained relates to the relief sought.

7 Section 1-25. Reporting of abortions performed by health

8 care professionals.

9 (a) A health care professional may provide abortion care in

10 accordance with the health care professional's professional

11 judgment and training and based on accepted standards of

12 clinical practice consistent with the scope of his or her

13 practice under the Medical Practice Act of 1987, the Nurse

14 Practice Act, or the Physician Assistant Practice Act of 1987.

15 If the health care professional determines that there is fetal

16 viability, the health care professional may provide abortion

17 care only if, in the professional judgment of the health care

18 professional, the abortion is necessary to protect the life or

19 health of the patient.

20 (b) A report of each abortion performed by a health care

21 professional shall be made to the Department on forms

22 prescribed by it. Such reports shall be transmitted to the

23 Department not later than 10 days following the end of the

24 month in which the abortion is performed.

25 (c) The abortion reporting forms prescribed by the

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1 Department shall not request or require information that

2 identifies a patient by name or any other identifying

3 information, and the Department shall secure anonymity of all

4 patients and health care professionals.

5 (d) All reports received by the Department pursuant to this

6 Section shall be treated as confidential and exempt from the

7 Freedom of Information Act. Access to such reports shall be

8 limited to authorized Department staff who shall use the

9 reports for statistical purposes only. Such reports must be

10 destroyed within 2 years after date of receipt.

11 Section 1-30. Application.

12 (a) This Act applies to all State laws, ordinances,

13 policies, procedures, practices, and governmental actions and

14 their implementation, whether statutory or otherwise and

15 whether adopted before or after the effective date of this Act.

16 (b) Nothing in this Act shall be construed to authorize the

17 State to burden any individual's fundamental rights relating to

18 reproductive health care.

19 Section 1-35. Home rule powers limitation. A unit of local

20 government may enact ordinances, standards, rules, or

21 regulations that protect an individual's ability to freely

22 exercise the fundamental rights set forth in this Act in a

23 manner or to an extent equal to or greater than the protection

24 provided in this Act. A unit of local government may not

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1 regulate an individual's ability to freely exercise the

2 fundamental rights set forth in this Act in a manner more

3 restrictive than that set forth in this Act. This Section is a

4 limitation under subsection (i) of Section 6 of Article VII of

5 the Illinois Constitution on the concurrent exercise by home

6 rule units of powers and functions exercised by the State.

7 Section 1-97. Severability. The provisions of this Act are

8 severable under Section 1.31 of the Statute on Statutes.

9 Article 905. REPEALS

10 (210 ILCS 5/6.1 rep.)

11 Section 905-5. The Ambulatory Surgical Treatment Center

12 Act is amended by repealing Section 6.1.

13 (410 ILCS 70/9 rep.)

14 Section 905-10. The Sexual Assault Survivors Emergency

15 Treatment Act is amended by repealing Section 9.

16 (720 ILCS 510/Act rep.)

17 Section 905-15. The Illinois Abortion Law of 1975 is

18 repealed.

19 (720 ILCS 513/Act rep.)

20 Section 905-20. The Partial-birth Abortion Ban Act is

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1 repealed.

2 (735 ILCS 5/11-107.1 rep.)

3 Section 905-25. The Code of Civil Procedure is amended by

4 repealing Section 11-107.1.

5 (745 ILCS 30/Act rep.)

6 Section 905-30. The Abortion Performance Refusal Act is

7 repealed.

8 Article 910. AMENDMENTS

9 Section 910-5. The State Employees Group Insurance Act of

10 1971 is amended by changing Section 6.11 as follows:

11 (5 ILCS 375/6.11)

12 (Text of Section before amendment by P.A. 100-1170)

13 Sec. 6.11. Required health benefits; Illinois Insurance

14 Code requirements.The program of health benefits shall provide

15 the post-mastectomy care benefits required to be covered by a

16 policy of accident and health insurance under Section 356t of

17 the Illinois Insurance Code. The program of health benefits

18 shall provide the coverage required under Sections 356g,

19 356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,

20 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,

21 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, ~~and~~

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1 356z.26, ~~and~~ 356z.29, and 356z.32of the Illinois Insurance

2 Code. The program of health benefits must comply with Sections

3 155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the

4 Illinois Insurance Code. The Department of Insurance shall

5 enforce the requirements of this Section.

6 Rulemaking authority to implement Public Act 95-1045, if

7 any, is conditioned on the rules being adopted in accordance

8 with all provisions of the Illinois Administrative Procedure

9 Act and all rules and procedures of the Joint Committee on

10 Administrative Rules; any purported rule not so adopted, for

11 whatever reason, is unauthorized.

12 (Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;

13 100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.

14 1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

15 1-8-19.)

16 (Text of Section after amendment by P.A. 100-1170)

17 Sec. 6.11. Required health benefits; Illinois Insurance

18 Code requirements.The program of health benefits shall provide

19 the post-mastectomy care benefits required to be covered by a

20 policy of accident and health insurance under Section 356t of

21 the Illinois Insurance Code. The program of health benefits

22 shall provide the coverage required under Sections 356g,

23 356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,

24 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,

25 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,

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1 356z.29, and 356z.32 of the Illinois Insurance Code. The

2 program of health benefits must comply with Sections 155.22a,

3 155.37, 355b, 356z.19, 370c, and 370c.1 of the Illinois

4 Insurance Code. The Department of Insurance shall enforce the

5 requirements of this Section with respect to Sections 370c and

6 370c.1 of the Illinois Insurance Code; all other requirements

7 of this Section shall be enforced by the Department of Central

8 Management Services.

9 Rulemaking authority to implement Public Act 95-1045, if

10 any, is conditioned on the rules being adopted in accordance

11 with all provisions of the Illinois Administrative Procedure

12 Act and all rules and procedures of the Joint Committee on

13 Administrative Rules; any purported rule not so adopted, for

14 whatever reason, is unauthorized.

15 (Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;

16 100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.

17 1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19;

18 100-1170, eff. 6-1-19.)

19 Section 910-10. The Children and Family Services Act is

20 amended by changing Section 5 as follows:

21 (20 ILCS 505/5) (from Ch. 23, par. 5005)

22 Sec. 5. Direct child welfare services; Department of

23 Children and Family Services. To provide direct child welfare

24 services when not available through other public or private

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1 child care or program facilities.

2 (a) For purposes of this Section:

3 (1) "Children" means persons found within the State who

4 are under the age of 18 years. The term also includes

5 persons under age 21 who:

6 (A) were committed to the Department pursuant to

7 the Juvenile Court Act or the Juvenile Court Act of

8 1987, as amended, prior to the age of 18 and who

9 continue under the jurisdiction of the court; or

10 (B) were accepted for care, service and training by

11 the Department prior to the age of 18 and whose best

12 interest in the discretion of the Department would be

13 served by continuing that care, service and training

14 because of severe emotional disturbances, physical

15 disability, social adjustment or any combination

16 thereof, or because of the need to complete an

17 educational or vocational training program.

18 (2) "Homeless youth" means persons found within the

19 State who are under the age of 19, are not in a safe and

20 stable living situation and cannot be reunited with their

21 families.

22 (3) "Child welfare services" means public social

23 services which are directed toward the accomplishment of

24 the following purposes:

25 (A) protecting and promoting the health, safety

26 and welfare of children, including homeless, dependent

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1 or neglected children;

2 (B) remedying, or assisting in the solution of

3 problems which may result in, the neglect, abuse,

4 exploitation or delinquency of children;

5 (C) preventing the unnecessary separation of

6 children from their families by identifying family

7 problems, assisting families in resolving their

8 problems, and preventing the breakup of the family

9 where the prevention of child removal is desirable and

10 possible when the child can be cared for at home

11 without endangering the child's health and safety;

12 (D) restoring to their families children who have

13 been removed, by the provision of services to the child

14 and the families when the child can be cared for at

15 home without endangering the child's health and

16 safety;

17 (E) placing children in suitable adoptive homes,

18 in cases where restoration to the biological family is

19 not safe, possible or appropriate;

20 (F) assuring safe and adequate care of children

21 away from their homes, in cases where the child cannot

22 be returned home or cannot be placed for adoption. At

23 the time of placement, the Department shall consider

24 concurrent planning, as described in subsection (l-1)

25 of this Section so that permanency may occur at the

26 earliest opportunity. Consideration should be given so

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1 that if reunification fails or is delayed, the

2 placement made is the best available placement to

3 provide permanency for the child;

4 (G) (blank);

5 (H) (blank); and

6 (I) placing and maintaining children in facilities

7 that provide separate living quarters for children

8 under the age of 18 and for children 18 years of age

9 and older, unless a child 18 years of age is in the

10 last year of high school education or vocational

11 training, in an approved individual or group treatment

12 program, in a licensed shelter facility, or secure

13 child care facility. The Department is not required to

14 place or maintain children:

15 (i) who are in a foster home, or

16 (ii) who are persons with a developmental

17 disability, as defined in the Mental Health and

18 Developmental Disabilities Code, or

19 (iii) who are female children who are

20 pregnant, pregnant and parenting or parenting, or

21 (iv) who are siblings, in facilities that

22 provide separate living quarters for children 18

23 years of age and older and for children under 18

24 years of age.

25 (b) (Blank). ~~Nothing in this Section shall be construed to~~

26 ~~authorize the expenditure of public funds for the purpose of~~

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1 ~~performing abortions.~~

2 (c) The Department shall establish and maintain

3 tax-supported child welfare services and extend and seek to

4 improve voluntary services throughout the State, to the end

5 that services and care shall be available on an equal basis

6 throughout the State to children requiring such services.

7 (d) The Director may authorize advance disbursements for

8 any new program initiative to any agency contracting with the

9 Department. As a prerequisite for an advance disbursement, the

10 contractor must post a surety bond in the amount of the advance

11 disbursement and have a purchase of service contract approved

12 by the Department. The Department may pay up to 2 months

13 operational expenses in advance. The amount of the advance

14 disbursement shall be prorated over the life of the contract or

15 the remaining months of the fiscal year, whichever is less, and

16 the installment amount shall then be deducted from future

17 bills. Advance disbursement authorizations for new initiatives

18 shall not be made to any agency after that agency has operated

19 during 2 consecutive fiscal years. The requirements of this

20 Section concerning advance disbursements shall not apply with

21 respect to the following: payments to local public agencies for

22 child day care services as authorized by Section 5a of this

23 Act; and youth service programs receiving grant funds under

24 Section 17a-4.

25 (e) (Blank).

26 (f) (Blank).

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1 (g) The Department shall establish rules and regulations

2 concerning its operation of programs designed to meet the goals

3 of child safety and protection, family preservation, family

4 reunification, and adoption, including but not limited to:

5 (1) adoption;

6 (2) foster care;

7 (3) family counseling;

8 (4) protective services;

9 (5) (blank);

10 (6) homemaker service;

11 (7) return of runaway children;

12 (8) (blank);

13 (9) placement under Section 5-7 of the Juvenile Court

14 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

15 Court Act of 1987 in accordance with the federal Adoption

16 Assistance and Child Welfare Act of 1980; and

17 (10) interstate services.

18 Rules and regulations established by the Department shall

19 include provisions for training Department staff and the staff

20 of Department grantees, through contracts with other agencies

21 or resources, in screening techniques to identify substance use

22 disorders, as defined in the Substance Use Disorder Act,

23 approved by the Department of Human Services, as a successor to

24 the Department of Alcoholism and Substance Abuse, for the

25 purpose of identifying children and adults who should be

26 referred for an assessment at an organization appropriately

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1 licensed by the Department of Human Services for substance use

2 disorder treatment.

3 (h) If the Department finds that there is no appropriate

4 program or facility within or available to the Department for a

5 youth in care and that no licensed private facility has an

6 adequate and appropriate program or none agrees to accept the

7 youth in care, the Department shall create an appropriate

8 individualized, program-oriented plan for such youth in care.

9 The plan may be developed within the Department or through

10 purchase of services by the Department to the extent that it is

11 within its statutory authority to do.

12 (i) Service programs shall be available throughout the

13 State and shall include but not be limited to the following

14 services:

15 (1) case management;

16 (2) homemakers;

17 (3) counseling;

18 (4) parent education;

19 (5) day care; and

20 (6) emergency assistance and advocacy.

21 In addition, the following services may be made available

22 to assess and meet the needs of children and families:

23 (1) comprehensive family-based services;

24 (2) assessments;

25 (3) respite care; and

26 (4) in-home health services.

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1 The Department shall provide transportation for any of the

2 services it makes available to children or families or for

3 which it refers children or families.

4 (j) The Department may provide categories of financial

5 assistance and education assistance grants, and shall

6 establish rules and regulations concerning the assistance and

7 grants, to persons who adopt children with physical or mental

8 disabilities, children who are older, or other hard-to-place

9 children who (i) immediately prior to their adoption were youth

10 in care or (ii) were determined eligible for financial

11 assistance with respect to a prior adoption and who become

12 available for adoption because the prior adoption has been

13 dissolved and the parental rights of the adoptive parents have

14 been terminated or because the child's adoptive parents have

15 died. The Department may continue to provide financial

16 assistance and education assistance grants for a child who was

17 determined eligible for financial assistance under this

18 subsection (j) in the interim period beginning when the child's

19 adoptive parents died and ending with the finalization of the

20 new adoption of the child by another adoptive parent or

21 parents. The Department may also provide categories of

22 financial assistance and education assistance grants, and

23 shall establish rules and regulations for the assistance and

24 grants, to persons appointed guardian of the person under

25 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

26 4-25,or 5-740 of the Juvenile Court Act of 1987 for children

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1 who were youth in care for 12 months immediately prior to the

2 appointment of the guardian.

3 The amount of assistance may vary, depending upon the needs

4 of the child and the adoptive parents, as set forth in the

5 annual assistance agreement. Special purpose grants are

6 allowed where the child requires special service but such costs

7 may not exceed the amounts which similar services would cost

8 the Department if it were to provide or secure them as guardian

9 of the child.

10 Any financial assistance provided under this subsection is

11 inalienable by assignment, sale, execution, attachment,

12 garnishment, or any other remedy for recovery or collection of

13 a judgment or debt.

14 (j-5) The Department shall not deny or delay the placement

15 of a child for adoption if an approved family is available

16 either outside of the Department region handling the case, or

17 outside of the State of Illinois.

18 (k) The Department shall accept for care and training any

19 child who has been adjudicated neglected or abused, or

20 dependent committed to it pursuant to the Juvenile Court Act or

21 the Juvenile Court Act of 1987.

22 (l) The Department shall offer family preservation

23 services, as defined in Section 8.2 of the Abused and Neglected

24 Child Reporting Act, to help families, including adoptive and

25 extended families. Family preservation services shall be

26 offered (i) to prevent the placement of children in substitute

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1 care when the children can be cared for at home or in the

2 custody of the person responsible for the children's welfare,

3 (ii) to reunite children with their families, or (iii) to

4 maintain an adoptive placement. Family preservation services

5 shall only be offered when doing so will not endanger the

6 children's health or safety. With respect to children who are

7 in substitute care pursuant to the Juvenile Court Act of 1987,

8 family preservation services shall not be offered if a goal

9 other than those of subdivisions (A), (B), or (B-1) of

10 subsection (2) of Section 2-28 of that Act has been set, except

11 that reunification services may be offered as provided in

12 paragraph (F) of subsection (2) of Section 2-28 of that Act.

13 Nothing in this paragraph shall be construed to create a

14 private right of action or claim on the part of any individual

15 or child welfare agency, except that when a child is the

16 subject of an action under Article II of the Juvenile Court Act

17 of 1987 and the child's service plan calls for services to

18 facilitate achievement of the permanency goal, the court

19 hearing the action under Article II of the Juvenile Court Act

20 of 1987 may order the Department to provide the services set

21 out in the plan, if those services are not provided with

22 reasonable promptness and if those services are available.

23 The Department shall notify the child and his family of the

24 Department's responsibility to offer and provide family

25 preservation services as identified in the service plan. The

26 child and his family shall be eligible for services as soon as

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1 the report is determined to be "indicated". The Department may

2 offer services to any child or family with respect to whom a

3 report of suspected child abuse or neglect has been filed,

4 prior to concluding its investigation under Section 7.12 of the

5 Abused and Neglected Child Reporting Act. However, the child's

6 or family's willingness to accept services shall not be

7 considered in the investigation. The Department may also

8 provide services to any child or family who is the subject of

9 any report of suspected child abuse or neglect or may refer

10 such child or family to services available from other agencies

11 in the community, even if the report is determined to be

12 unfounded, if the conditions in the child's or family's home

13 are reasonably likely to subject the child or family to future

14 reports of suspected child abuse or neglect. Acceptance of such

15 services shall be voluntary. The Department may also provide

16 services to any child or family after completion of a family

17 assessment, as an alternative to an investigation, as provided

18 under the "differential response program" provided for in

19 subsection (a-5) of Section 7.4 of the Abused and Neglected

20 Child Reporting Act.

21 The Department may, at its discretion except for those

22 children also adjudicated neglected or dependent, accept for

23 care and training any child who has been adjudicated addicted,

24 as a truant minor in need of supervision or as a minor

25 requiring authoritative intervention, under the Juvenile Court

26 Act or the Juvenile Court Act of 1987, but no such child shall

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1 be committed to the Department by any court without the

2 approval of the Department. On and after January 1, 2015 (the

3 effective date of Public Act 98-803) and before January 1,

4 2017, a minor charged with a criminal offense under the

5 Criminal Code of 1961 or the Criminal Code of 2012 or

6 adjudicated delinquent shall not be placed in the custody of or

7 committed to the Department by any court, except (i) a minor

8 less than 16 years of age committed to the Department under

9 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

10 for whom an independent basis of abuse, neglect, or dependency

11 exists, which must be defined by departmental rule, or (iii) a

12 minor for whom the court has granted a supplemental petition to

13 reinstate wardship pursuant to subsection (2) of Section 2-33

14 of the Juvenile Court Act of 1987. On and after January 1,

15 2017, a minor charged with a criminal offense under the

16 Criminal Code of 1961 or the Criminal Code of 2012 or

17 adjudicated delinquent shall not be placed in the custody of or

18 committed to the Department by any court, except (i) a minor

19 less than 15 years of age committed to the Department under

20 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor

21 for whom an independent basis of abuse, neglect, or dependency

22 exists, which must be defined by departmental rule, or (iii) a

23 minor for whom the court has granted a supplemental petition to

24 reinstate wardship pursuant to subsection (2) of Section 2-33

25 of the Juvenile Court Act of 1987. An independent basis exists

26 when the allegations or adjudication of abuse, neglect, or

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1 dependency do not arise from the same facts, incident, or

2 circumstances which give rise to a charge or adjudication of

3 delinquency. The Department shall assign a caseworker to attend

4 any hearing involving a youth in the care and custody of the

5 Department who is placed on aftercare release, including

6 hearings involving sanctions for violation of aftercare

7 release conditions and aftercare release revocation hearings.

8 As soon as is possible after August 7, 2009 (the effective

9 date of Public Act 96-134), the Department shall develop and

10 implement a special program of family preservation services to

11 support intact, foster, and adoptive families who are

12 experiencing extreme hardships due to the difficulty and stress

13 of caring for a child who has been diagnosed with a pervasive

14 developmental disorder if the Department determines that those

15 services are necessary to ensure the health and safety of the

16 child. The Department may offer services to any family whether

17 or not a report has been filed under the Abused and Neglected

18 Child Reporting Act. The Department may refer the child or

19 family to services available from other agencies in the

20 community if the conditions in the child's or family's home are

21 reasonably likely to subject the child or family to future

22 reports of suspected child abuse or neglect. Acceptance of

23 these services shall be voluntary. The Department shall develop

24 and implement a public information campaign to alert health and

25 social service providers and the general public about these

26 special family preservation services. The nature and scope of

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1 the services offered and the number of families served under

2 the special program implemented under this paragraph shall be

3 determined by the level of funding that the Department annually

4 allocates for this purpose. The term "pervasive developmental

5 disorder" under this paragraph means a neurological condition,

6 including but not limited to, Asperger's Syndrome and autism,

7 as defined in the most recent edition of the Diagnostic and

8 Statistical Manual of Mental Disorders of the American

9 Psychiatric Association.

10 (l-1) The legislature recognizes that the best interests of

11 the child require that the child be placed in the most

12 permanent living arrangement as soon as is practically

13 possible. To achieve this goal, the legislature directs the

14 Department of Children and Family Services to conduct

15 concurrent planning so that permanency may occur at the

16 earliest opportunity. Permanent living arrangements may

17 include prevention of placement of a child outside the home of

18 the family when the child can be cared for at home without

19 endangering the child's health or safety; reunification with

20 the family, when safe and appropriate, if temporary placement

21 is necessary; or movement of the child toward the most

22 permanent living arrangement and permanent legal status.

23 When determining reasonable efforts to be made with respect

24 to a child, as described in this subsection, and in making such

25 reasonable efforts, the child's health and safety shall be the

26 paramount concern.

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1 When a child is placed in foster care, the Department shall

2 ensure and document that reasonable efforts were made to

3 prevent or eliminate the need to remove the child from the

4 child's home. The Department must make reasonable efforts to

5 reunify the family when temporary placement of the child occurs

6 unless otherwise required, pursuant to the Juvenile Court Act

7 of 1987. At any time after the dispositional hearing where the

8 Department believes that further reunification services would

9 be ineffective, it may request a finding from the court that

10 reasonable efforts are no longer appropriate. The Department is

11 not required to provide further reunification services after

12 such a finding.

13 A decision to place a child in substitute care shall be

14 made with considerations of the child's health, safety, and

15 best interests. At the time of placement, consideration should

16 also be given so that if reunification fails or is delayed, the

17 placement made is the best available placement to provide

18 permanency for the child.

19 The Department shall adopt rules addressing concurrent

20 planning for reunification and permanency. The Department

21 shall consider the following factors when determining

22 appropriateness of concurrent planning:

23 (1) the likelihood of prompt reunification;

24 (2) the past history of the family;

25 (3) the barriers to reunification being addressed by

26 the family;

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1 (4) the level of cooperation of the family;

2 (5) the foster parents' willingness to work with the

3 family to reunite;

4 (6) the willingness and ability of the foster family to

5 provide an adoptive home or long-term placement;

6 (7) the age of the child;

7 (8) placement of siblings.

8 (m) The Department may assume temporary custody of any

9 child if:

10 (1) it has received a written consent to such temporary

11 custody signed by the parents of the child or by the parent

12 having custody of the child if the parents are not living

13 together or by the guardian or custodian of the child if

14 the child is not in the custody of either parent, or

15 (2) the child is found in the State and neither a

16 parent, guardian nor custodian of the child can be located.

17 If the child is found in his or her residence without a parent,

18 guardian, custodian or responsible caretaker, the Department

19 may, instead of removing the child and assuming temporary

20 custody, place an authorized representative of the Department

21 in that residence until such time as a parent, guardian or

22 custodian enters the home and expresses a willingness and

23 apparent ability to ensure the child's health and safety and

24 resume permanent charge of the child, or until a relative

25 enters the home and is willing and able to ensure the child's

26 health and safety and assume charge of the child until a

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1 parent, guardian or custodian enters the home and expresses

2 such willingness and ability to ensure the child's safety and

3 resume permanent charge. After a caretaker has remained in the

4 home for a period not to exceed 12 hours, the Department must

5 follow those procedures outlined in Section 2-9, 3-11, 4-8, or

6 5-415 of the Juvenile Court Act of 1987.

7 The Department shall have the authority, responsibilities

8 and duties that a legal custodian of the child would have

9 pursuant to subsection (9) of Section 1-3 of the Juvenile Court

10 Act of 1987. Whenever a child is taken into temporary custody

11 pursuant to an investigation under the Abused and Neglected

12 Child Reporting Act, or pursuant to a referral and acceptance

13 under the Juvenile Court Act of 1987 of a minor in limited

14 custody, the Department, during the period of temporary custody

15 and before the child is brought before a judicial officer as

16 required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile

17 Court Act of 1987, shall have the authority, responsibilities

18 and duties that a legal custodian of the child would have under

19 subsection (9) of Section 1-3 of the Juvenile Court Act of

20 1987.

21 The Department shall ensure that any child taken into

22 custody is scheduled for an appointment for a medical

23 examination.

24 A parent, guardian or custodian of a child in the temporary

25 custody of the Department who would have custody of the child

26 if he were not in the temporary custody of the Department may

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1 deliver to the Department a signed request that the Department

2 surrender the temporary custody of the child. The Department

3 may retain temporary custody of the child for 10 days after the

4 receipt of the request, during which period the Department may

5 cause to be filed a petition pursuant to the Juvenile Court Act

6 of 1987. If a petition is so filed, the Department shall retain

7 temporary custody of the child until the court orders

8 otherwise. If a petition is not filed within the 10-day period,

9 the child shall be surrendered to the custody of the requesting

10 parent, guardian or custodian not later than the expiration of

11 the 10-day period, at which time the authority and duties of

12 the Department with respect to the temporary custody of the

13 child shall terminate.

14 (m-1) The Department may place children under 18 years of

15 age in a secure child care facility licensed by the Department

16 that cares for children who are in need of secure living

17 arrangements for their health, safety, and well-being after a

18 determination is made by the facility director and the Director

19 or the Director's designate prior to admission to the facility

20 subject to Section 2-27.1 of the Juvenile Court Act of 1987.

21 This subsection (m-1) does not apply to a child who is subject

22 to placement in a correctional facility operated pursuant to

23 Section 3-15-2 of the Unified Code of Corrections, unless the

24 child is a youth in care who was placed in the care of the

25 Department before being subject to placement in a correctional

26 facility and a court of competent jurisdiction has ordered

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1 placement of the child in a secure care facility.

2 (n) The Department may place children under 18 years of age

3 in licensed child care facilities when in the opinion of the

4 Department, appropriate services aimed at family preservation

5 have been unsuccessful and cannot ensure the child's health and

6 safety or are unavailable and such placement would be for their

7 best interest. Payment for board, clothing, care, training and

8 supervision of any child placed in a licensed child care

9 facility may be made by the Department, by the parents or

10 guardians of the estates of those children, or by both the

11 Department and the parents or guardians, except that no

12 payments shall be made by the Department for any child placed

13 in a licensed child care facility for board, clothing, care,

14 training and supervision of such a child that exceed the

15 average per capita cost of maintaining and of caring for a

16 child in institutions for dependent or neglected children

17 operated by the Department. However, such restriction on

18 payments does not apply in cases where children require

19 specialized care and treatment for problems of severe emotional

20 disturbance, physical disability, social adjustment, or any

21 combination thereof and suitable facilities for the placement

22 of such children are not available at payment rates within the

23 limitations set forth in this Section. All reimbursements for

24 services delivered shall be absolutely inalienable by

25 assignment, sale, attachment, garnishment or otherwise.

26 (n-1) The Department shall provide or authorize child

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1 welfare services, aimed at assisting minors to achieve

2 sustainable self-sufficiency as independent adults, for any

3 minor eligible for the reinstatement of wardship pursuant to

4 subsection (2) of Section 2-33 of the Juvenile Court Act of

5 1987, whether or not such reinstatement is sought or allowed,

6 provided that the minor consents to such services and has not

7 yet attained the age of 21. The Department shall have

8 responsibility for the development and delivery of services

9 under this Section. An eligible youth may access services under

10 this Section through the Department of Children and Family

11 Services or by referral from the Department of Human Services.

12 Youth participating in services under this Section shall

13 cooperate with the assigned case manager in developing an

14 agreement identifying the services to be provided and how the

15 youth will increase skills to achieve self-sufficiency. A

16 homeless shelter is not considered appropriate housing for any

17 youth receiving child welfare services under this Section. The

18 Department shall continue child welfare services under this

19 Section to any eligible minor until the minor becomes 21 years

20 of age, no longer consents to participate, or achieves

21 self-sufficiency as identified in the minor's service plan. The

22 Department of Children and Family Services shall create clear,

23 readable notice of the rights of former foster youth to child

24 welfare services under this Section and how such services may

25 be obtained. The Department of Children and Family Services and

26 the Department of Human Services shall disseminate this

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1 information statewide. The Department shall adopt regulations

2 describing services intended to assist minors in achieving

3 sustainable self-sufficiency as independent adults.

4 (o) The Department shall establish an administrative

5 review and appeal process for children and families who request

6 or receive child welfare services from the Department. Youth in

7 care who are placed by private child welfare agencies, and

8 foster families with whom those youth are placed, shall be

9 afforded the same procedural and appeal rights as children and

10 families in the case of placement by the Department, including

11 the right to an initial review of a private agency decision by

12 that agency. The Department shall ensure that any private child

13 welfare agency, which accepts youth in care for placement,

14 affords those rights to children and foster families. The

15 Department shall accept for administrative review and an appeal

16 hearing a complaint made by (i) a child or foster family

17 concerning a decision following an initial review by a private

18 child welfare agency or (ii) a prospective adoptive parent who

19 alleges a violation of subsection (j-5) of this Section. An

20 appeal of a decision concerning a change in the placement of a

21 child shall be conducted in an expedited manner. A court

22 determination that a current foster home placement is necessary

23 and appropriate under Section 2-28 of the Juvenile Court Act of

24 1987 does not constitute a judicial determination on the merits

25 of an administrative appeal, filed by a former foster parent,

26 involving a change of placement decision.

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1 (p) (Blank).

2 (q) The Department may receive and use, in their entirety,

3 for the benefit of children any gift, donation or bequest of

4 money or other property which is received on behalf of such

5 children, or any financial benefits to which such children are

6 or may become entitled while under the jurisdiction or care of

7 the Department.

8 The Department shall set up and administer no-cost,

9 interest-bearing accounts in appropriate financial

10 institutions for children for whom the Department is legally

11 responsible and who have been determined eligible for Veterans'

12 Benefits, Social Security benefits, assistance allotments from

13 the armed forces, court ordered payments, parental voluntary

14 payments, Supplemental Security Income, Railroad Retirement

15 payments, Black Lung benefits, or other miscellaneous

16 payments. Interest earned by each account shall be credited to

17 the account, unless disbursed in accordance with this

18 subsection.

19 In disbursing funds from children's accounts, the

20 Department shall:

21 (1) Establish standards in accordance with State and

22 federal laws for disbursing money from children's

23 accounts. In all circumstances, the Department's

24 "Guardianship Administrator" or his or her designee must

25 approve disbursements from children's accounts. The

26 Department shall be responsible for keeping complete

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1 records of all disbursements for each account for any

2 purpose.

3 (2) Calculate on a monthly basis the amounts paid from

4 State funds for the child's board and care, medical care

5 not covered under Medicaid, and social services; and

6 utilize funds from the child's account, as covered by

7 regulation, to reimburse those costs. Monthly,

8 disbursements from all children's accounts, up to 1/12 of

9 $13,000,000, shall be deposited by the Department into the

10 General Revenue Fund and the balance over 1/12 of

11 $13,000,000 into the DCFS Children's Services Fund.

12 (3) Maintain any balance remaining after reimbursing

13 for the child's costs of care, as specified in item (2).

14 The balance shall accumulate in accordance with relevant

15 State and federal laws and shall be disbursed to the child

16 or his or her guardian, or to the issuing agency.

17 (r) The Department shall promulgate regulations

18 encouraging all adoption agencies to voluntarily forward to the

19 Department or its agent names and addresses of all persons who

20 have applied for and have been approved for adoption of a

21 hard-to-place child or child with a disability and the names of

22 such children who have not been placed for adoption. A list of

23 such names and addresses shall be maintained by the Department

24 or its agent, and coded lists which maintain the

25 confidentiality of the person seeking to adopt the child and of

26 the child shall be made available, without charge, to every

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1 adoption agency in the State to assist the agencies in placing

2 such children for adoption. The Department may delegate to an

3 agent its duty to maintain and make available such lists. The

4 Department shall ensure that such agent maintains the

5 confidentiality of the person seeking to adopt the child and of

6 the child.

7 (s) The Department of Children and Family Services may

8 establish and implement a program to reimburse Department and

9 private child welfare agency foster parents licensed by the

10 Department of Children and Family Services for damages

11 sustained by the foster parents as a result of the malicious or

12 negligent acts of foster children, as well as providing third

13 party coverage for such foster parents with regard to actions

14 of foster children to other individuals. Such coverage will be

15 secondary to the foster parent liability insurance policy, if

16 applicable. The program shall be funded through appropriations

17 from the General Revenue Fund, specifically designated for such

18 purposes.

19 (t) The Department shall perform home studies and

20 investigations and shall exercise supervision over visitation

21 as ordered by a court pursuant to the Illinois Marriage and

22 Dissolution of Marriage Act or the Adoption Act only if:

23 (1) an order entered by an Illinois court specifically

24 directs the Department to perform such services; and

25 (2) the court has ordered one or both of the parties to

26 the proceeding to reimburse the Department for its

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1 reasonable costs for providing such services in accordance

2 with Department rules, or has determined that neither party

3 is financially able to pay.

4 The Department shall provide written notification to the

5 court of the specific arrangements for supervised visitation

6 and projected monthly costs within 60 days of the court order.

7 The Department shall send to the court information related to

8 the costs incurred except in cases where the court has

9 determined the parties are financially unable to pay. The court

10 may order additional periodic reports as appropriate.

11 (u) In addition to other information that must be provided,

12 whenever the Department places a child with a prospective

13 adoptive parent or parents or in a licensed foster home, group

14 home, child care institution, or in a relative home, the

15 Department shall provide to the prospective adoptive parent or

16 parents or other caretaker:

17 (1) available detailed information concerning the

18 child's educational and health history, copies of

19 immunization records (including insurance and medical card

20 information), a history of the child's previous

21 placements, if any, and reasons for placement changes

22 excluding any information that identifies or reveals the

23 location of any previous caretaker;

24 (2) a copy of the child's portion of the client service

25 plan, including any visitation arrangement, and all

26 amendments or revisions to it as related to the child; and

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1 (3) information containing details of the child's

2 individualized educational plan when the child is

3 receiving special education services.

4 The caretaker shall be informed of any known social or

5 behavioral information (including, but not limited to,

6 criminal background, fire setting, perpetuation of sexual

7 abuse, destructive behavior, and substance abuse) necessary to

8 care for and safeguard the children to be placed or currently

9 in the home. The Department may prepare a written summary of

10 the information required by this paragraph, which may be

11 provided to the foster or prospective adoptive parent in

12 advance of a placement. The foster or prospective adoptive

13 parent may review the supporting documents in the child's file

14 in the presence of casework staff. In the case of an emergency

15 placement, casework staff shall at least provide known

16 information verbally, if necessary, and must subsequently

17 provide the information in writing as required by this

18 subsection.

19 The information described in this subsection shall be

20 provided in writing. In the case of emergency placements when

21 time does not allow prior review, preparation, and collection

22 of written information, the Department shall provide such

23 information as it becomes available. Within 10 business days

24 after placement, the Department shall obtain from the

25 prospective adoptive parent or parents or other caretaker a

26 signed verification of receipt of the information provided.

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1 Within 10 business days after placement, the Department shall

2 provide to the child's guardian ad litem a copy of the

3 information provided to the prospective adoptive parent or

4 parents or other caretaker. The information provided to the

5 prospective adoptive parent or parents or other caretaker shall

6 be reviewed and approved regarding accuracy at the supervisory

7 level.

8 (u-5) Effective July 1, 1995, only foster care placements

9 licensed as foster family homes pursuant to the Child Care Act

10 of 1969 shall be eligible to receive foster care payments from

11 the Department. Relative caregivers who, as of July 1, 1995,

12 were approved pursuant to approved relative placement rules

13 previously promulgated by the Department at 89 Ill. Adm. Code

14 335 and had submitted an application for licensure as a foster

15 family home may continue to receive foster care payments only

16 until the Department determines that they may be licensed as a

17 foster family home or that their application for licensure is

18 denied or until September 30, 1995, whichever occurs first.

19 (v) The Department shall access criminal history record

20 information as defined in the Illinois Uniform Conviction

21 Information Act and information maintained in the adjudicatory

22 and dispositional record system as defined in Section 2605-355

23 of the Department of State Police Law (20 ILCS 2605/2605-355)

24 if the Department determines the information is necessary to

25 perform its duties under the Abused and Neglected Child

26 Reporting Act, the Child Care Act of 1969, and the Children and

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1 Family Services Act. The Department shall provide for

2 interactive computerized communication and processing

3 equipment that permits direct on-line communication with the

4 Department of State Police's central criminal history data

5 repository. The Department shall comply with all certification

6 requirements and provide certified operators who have been

7 trained by personnel from the Department of State Police. In

8 addition, one Office of the Inspector General investigator

9 shall have training in the use of the criminal history

10 information access system and have access to the terminal. The

11 Department of Children and Family Services and its employees

12 shall abide by rules and regulations established by the

13 Department of State Police relating to the access and

14 dissemination of this information.

15 (v-1) Prior to final approval for placement of a child, the

16 Department shall conduct a criminal records background check of

17 the prospective foster or adoptive parent, including

18 fingerprint-based checks of national crime information

19 databases. Final approval for placement shall not be granted if

20 the record check reveals a felony conviction for child abuse or

21 neglect, for spousal abuse, for a crime against children, or

22 for a crime involving violence, including rape, sexual assault,

23 or homicide, but not including other physical assault or

24 battery, or if there is a felony conviction for physical

25 assault, battery, or a drug-related offense committed within

26 the past 5 years.

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1 (v-2) Prior to final approval for placement of a child, the

2 Department shall check its child abuse and neglect registry for

3 information concerning prospective foster and adoptive

4 parents, and any adult living in the home. If any prospective

5 foster or adoptive parent or other adult living in the home has

6 resided in another state in the preceding 5 years, the

7 Department shall request a check of that other state's child

8 abuse and neglect registry.

9 (w) Within 120 days of August 20, 1995 (the effective date

10 of Public Act 89-392), the Department shall prepare and submit

11 to the Governor and the General Assembly, a written plan for

12 the development of in-state licensed secure child care

13 facilities that care for children who are in need of secure

14 living arrangements for their health, safety, and well-being.

15 For purposes of this subsection, secure care facility shall

16 mean a facility that is designed and operated to ensure that

17 all entrances and exits from the facility, a building or a

18 distinct part of the building, are under the exclusive control

19 of the staff of the facility, whether or not the child has the

20 freedom of movement within the perimeter of the facility,

21 building, or distinct part of the building. The plan shall

22 include descriptions of the types of facilities that are needed

23 in Illinois; the cost of developing these secure care

24 facilities; the estimated number of placements; the potential

25 cost savings resulting from the movement of children currently

26 out-of-state who are projected to be returned to Illinois; the

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1 necessary geographic distribution of these facilities in

2 Illinois; and a proposed timetable for development of such

3 facilities.

4 (x) The Department shall conduct annual credit history

5 checks to determine the financial history of children placed

6 under its guardianship pursuant to the Juvenile Court Act of

7 1987. The Department shall conduct such credit checks starting

8 when a youth in care turns 12 years old and each year

9 thereafter for the duration of the guardianship as terminated

10 pursuant to the Juvenile Court Act of 1987. The Department

11 shall determine if financial exploitation of the child's

12 personal information has occurred. If financial exploitation

13 appears to have taken place or is presently ongoing, the

14 Department shall notify the proper law enforcement agency, the

15 proper State's Attorney, or the Attorney General.

16 (y) Beginning on July 22, 2010 (the effective date of

17 Public Act 96-1189), a child with a disability who receives

18 residential and educational services from the Department shall

19 be eligible to receive transition services in accordance with

20 Article 14 of the School Code from the age of 14.5 through age

21 21, inclusive, notwithstanding the child's residential

22 services arrangement. For purposes of this subsection, "child

23 with a disability" means a child with a disability as defined

24 by the federal Individuals with Disabilities Education

25 Improvement Act of 2004.

26 (z) The Department shall access criminal history record

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1 information as defined as "background information" in this

2 subsection and criminal history record information as defined

3 in the Illinois Uniform Conviction Information Act for each

4 Department employee or Department applicant. Each Department

5 employee or Department applicant shall submit his or her

6 fingerprints to the Department of State Police in the form and

7 manner prescribed by the Department of State Police. These

8 fingerprints shall be checked against the fingerprint records

9 now and hereafter filed in the Department of State Police and

10 the Federal Bureau of Investigation criminal history records

11 databases. The Department of State Police shall charge a fee

12 for conducting the criminal history record check, which shall

13 be deposited into the State Police Services Fund and shall not

14 exceed the actual cost of the record check. The Department of

15 State Police shall furnish, pursuant to positive

16 identification, all Illinois conviction information to the

17 Department of Children and Family Services.

18 For purposes of this subsection:

19 "Background information" means all of the following:

20 (i) Upon the request of the Department of Children and

21 Family Services, conviction information obtained from the

22 Department of State Police as a result of a

23 fingerprint-based criminal history records check of the

24 Illinois criminal history records database and the Federal

25 Bureau of Investigation criminal history records database

26 concerning a Department employee or Department applicant.

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1 (ii) Information obtained by the Department of

2 Children and Family Services after performing a check of

3 the Department of State Police's Sex Offender Database, as

4 authorized by Section 120 of the Sex Offender Community

5 Notification Law, concerning a Department employee or

6 Department applicant.

7 (iii) Information obtained by the Department of

8 Children and Family Services after performing a check of

9 the Child Abuse and Neglect Tracking System (CANTS)

10 operated and maintained by the Department.

11 "Department employee" means a full-time or temporary

12 employee coded or certified within the State of Illinois

13 Personnel System.

14 "Department applicant" means an individual who has

15 conditional Department full-time or part-time work, a

16 contractor, an individual used to replace or supplement staff,

17 an academic intern, a volunteer in Department offices or on

18 Department contracts, a work-study student, an individual or

19 entity licensed by the Department, or an unlicensed service

20 provider who works as a condition of a contract or an agreement

21 and whose work may bring the unlicensed service provider into

22 contact with Department clients or client records.

23 (Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;

24 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.

25 1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised

26 10-3-18.)

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1 Section 910-15. The Freedom of Information Act is amended

2 by changing Section 7.5 as follows:

3 (5 ILCS 140/7.5)

4 Sec. 7.5. Statutory exemptions. To the extent provided for

5 by the statutes referenced below, the following shall be exempt

6 from inspection and copying:

7 (a) All information determined to be confidential

8 under Section 4002 of the Technology Advancement and

9 Development Act.

10 (b) Library circulation and order records identifying

11 library users with specific materials under the Library

12 Records Confidentiality Act.

13 (c) Applications, related documents, and medical

14 records received by the Experimental Organ Transplantation

15 Procedures Board and any and all documents or other records

16 prepared by the Experimental Organ Transplantation

17 Procedures Board or its staff relating to applications it

18 has received.

19 (d) Information and records held by the Department of

20 Public Health and its authorized representatives relating

21 to known or suspected cases of sexually transmissible

22 disease or any information the disclosure of which is

23 restricted under the Illinois Sexually Transmissible

24 Disease Control Act.

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1 (e) Information the disclosure of which is exempted

2 under Section 30 of the Radon Industry Licensing Act.

3 (f) Firm performance evaluations under Section 55 of

4 the Architectural, Engineering, and Land Surveying

5 Qualifications Based Selection Act.

6 (g) Information the disclosure of which is restricted

7 and exempted under Section 50 of the Illinois Prepaid

8 Tuition Act.

9 (h) Information the disclosure of which is exempted

10 under the State Officials and Employees Ethics Act, and

11 records of any lawfully created State or local inspector

12 general's office that would be exempt if created or

13 obtained by an Executive Inspector General's office under

14 that Act.

15 (i) Information contained in a local emergency energy

16 plan submitted to a municipality in accordance with a local

17 emergency energy plan ordinance that is adopted under

18 Section 11-21.5-5 of the Illinois Municipal Code.

19 (j) Information and data concerning the distribution

20 of surcharge moneys collected and remitted by carriers

21 under the Emergency Telephone System Act.

22 (k) Law enforcement officer identification information

23 or driver identification information compiled by a law

24 enforcement agency or the Department of Transportation

25 under Section 11-212 of the Illinois Vehicle Code.

26 (l) Records and information provided to a residential

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1 health care facility resident sexual assault and death

2 review team or the Executive Council under the Abuse

3 Prevention Review Team Act.

4 (m) Information provided to the predatory lending

5 database created pursuant to Article 3 of the Residential

6 Real Property Disclosure Act, except to the extent

7 authorized under that Article.

8 (n) Defense budgets and petitions for certification of

9 compensation and expenses for court appointed trial

10 counsel as provided under Sections 10 and 15 of the Capital

11 Crimes Litigation Act. This subsection (n) shall apply

12 until the conclusion of the trial of the case, even if the

13 prosecution chooses not to pursue the death penalty prior

14 to trial or sentencing.

15 (o) Information that is prohibited from being

16 disclosed under Section 4 of the Illinois Health and

17 Hazardous Substances Registry Act.

18 (p) Security portions of system safety program plans,

19 investigation reports, surveys, schedules, lists, data, or

20 information compiled, collected, or prepared by or for the

21 Regional Transportation Authority under Section 2.11 of

22 the Regional Transportation Authority Act or the St. Clair

23 County Transit District under the Bi-State Transit Safety

24 Act.

25 (q) Information prohibited from being disclosed by the

26 Personnel Record ~~Records~~ Review Act.

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1 (r) Information prohibited from being disclosed by the

2 Illinois School Student Records Act.

3 (s) Information the disclosure of which is restricted

4 under Section 5-108 of the Public Utilities Act.

5 (t) All identified or deidentified health information

6 in the form of health data or medical records contained in,

7 stored in, submitted to, transferred by, or released from

8 the Illinois Health Information Exchange, and identified

9 or deidentified health information in the form of health

10 data and medical records of the Illinois Health Information

11 Exchange in the possession of the Illinois Health

12 Information Exchange Authority due to its administration

13 of the Illinois Health Information Exchange. The terms

14 "identified" and "deidentified" shall be given the same

15 meaning as in the Health Insurance Portability and

16 Accountability Act of 1996, Public Law 104-191, or any

17 subsequent amendments thereto, and any regulations

18 promulgated thereunder.

19 (u) Records and information provided to an independent

20 team of experts under the Developmental Disability and

21 Mental Health Safety Act (also known as Brian's Law).

22 (v) Names and information of people who have applied

23 for or received Firearm Owner's Identification Cards under

24 the Firearm Owners Identification Card Act or applied for

25 or received a concealed carry license under the Firearm

26 Concealed Carry Act, unless otherwise authorized by the

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1 Firearm Concealed Carry Act; and databases under the

2 Firearm Concealed Carry Act, records of the Concealed Carry

3 Licensing Review Board under the Firearm Concealed Carry

4 Act, and law enforcement agency objections under the

5 Firearm Concealed Carry Act.

6 (w) Personally identifiable information which is

7 exempted from disclosure under subsection (g) of Section

8 19.1 of the Toll Highway Act.

9 (x) Information which is exempted from disclosure

10 under Section 5-1014.3 of the Counties Code or Section

11 8-11-21 of the Illinois Municipal Code.

12 (y) Confidential information under the Adult

13 Protective Services Act and its predecessor enabling

14 statute, the Elder Abuse and Neglect Act, including

15 information about the identity and administrative finding

16 against any caregiver of a verified and substantiated

17 decision of abuse, neglect, or financial exploitation of an

18 eligible adult maintained in the Registry established

19 under Section 7.5 of the Adult Protective Services Act.

20 (z) Records and information provided to a fatality

21 review team or the Illinois Fatality Review Team Advisory

22 Council under Section 15 of the Adult Protective Services

23 Act.

24 (aa) Information which is exempted from disclosure

25 under Section 2.37 of the Wildlife Code.

26 (bb) Information which is or was prohibited from

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1 disclosure by the Juvenile Court Act of 1987.

2 (cc) Recordings made under the Law Enforcement

3 Officer-Worn Body Camera Act, except to the extent

4 authorized under that Act.

5 (dd) Information that is prohibited from being

6 disclosed under Section 45 of the Condominium and Common

7 Interest Community Ombudsperson Act.

8 (ee) Information that is exempted from disclosure

9 under Section 30.1 of the Pharmacy Practice Act.

10 (ff) Information that is exempted from disclosure

11 under the Revised Uniform Unclaimed Property Act.

12 (gg) Information that is prohibited from being

13 disclosed under Section 7-603.5 of the Illinois Vehicle

14 Code.

15 (hh) Records that are exempt from disclosure under

16 Section 1A-16.7 of the Election Code.

17 (ii) Information which is exempted from disclosure

18 under Section 2505-800 of the Department of Revenue Law of

19 the Civil Administrative Code of Illinois.

20 (jj) Information and reports that are required to be

21 submitted to the Department of Labor by registering day and

22 temporary labor service agencies but are exempt from

23 disclosure under subsection (a-1) of Section 45 of the Day

24 and Temporary Labor Services Act.

25 (kk) Information prohibited from disclosure under the

26 Seizure and Forfeiture Reporting Act.

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1 (ll) Information the disclosure of which is restricted

2 and exempted under Section 5-30.8 of the Illinois Public

3 Aid Code.

4 (mm) ~~(ll)~~ Records that are exempt from disclosure under

5 Section 4.2 of the Crime Victims Compensation Act.

6 (nn) ~~(ll)~~ Information that is exempt from disclosure

7 under Section 70 of the Higher Education Student Assistance

8 Act.

9 (oo) Information and records held by the Department of

10 Public Health and its authorized representatives collected

11 under the Reproductive Health Act.

12 (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,

13 eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

14 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

15 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

16 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

17 eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

18 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised

19 10-12-18.)

20 Section 910-20. The Counties Code is amended by changing

21 Section 3-3013 as follows:

22 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)

23 Sec. 3-3013. Preliminary investigations; blood and urine

24 analysis; summoning jury; reports. Every coroner, whenever, as

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1 soon as he knows or is informed that the dead body of any

2 person is found, or lying within his county, whose death is

3 suspected of being:

4 (a) A sudden or violent death, whether apparently

5 suicidal, homicidal or accidental, including but not

6 limited to deaths apparently caused or contributed to by

7 thermal, traumatic, chemical, electrical or radiational

8 injury, or a complication of any of them, or by drowning or

9 suffocation, or as a result of domestic violence as defined

10 in the Illinois Domestic Violence Act of 1986;

11 (b) A ~~maternal or fetal death due to abortion, or any~~

12 death due to a sex crime~~or a crime against nature~~;

13 (c) A death where the circumstances are suspicious,

14 obscure, mysterious or otherwise unexplained or where, in

15 the written opinion of the attending physician, the cause

16 of death is not determined;

17 (d) A death where addiction to alcohol or to any drug

18 may have been a contributory cause; or

19 (e) A death where the decedent was not attended by a

20 licensed physician;

21 shall go to the place where the dead body is, and take charge

22 of the same and shall make a preliminary investigation into the

23 circumstances of the death. In the case of death without

24 attendance by a licensed physician the body may be moved with

25 the coroner's consent from the place of death to a mortuary in

26 the same county. Coroners in their discretion shall notify such

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1 physician as is designated in accordance with Section 3-3014 to

2 attempt to ascertain the cause of death, either by autopsy or

3 otherwise.

4 In cases of accidental death involving a motor vehicle in

5 which the decedent was (1) the operator or a suspected operator

6 of a motor vehicle, or (2) a pedestrian 16 years of age or

7 older, the coroner shall require that a blood specimen of at

8 least 30 cc., and if medically possible a urine specimen of at

9 least 30 cc. or as much as possible up to 30 cc., be withdrawn

10 from the body of the decedent in a timely fashion after the

11 accident causing his death, by such physician as has been

12 designated in accordance with Section 3-3014, or by the coroner

13 or deputy coroner or a qualified person designated by such

14 physician, coroner, or deputy coroner. If the county does not

15 maintain laboratory facilities for making such analysis, the

16 blood and urine so drawn shall be sent to the Department of

17 State Police or any other accredited or State-certified

18 laboratory for analysis of the alcohol, carbon monoxide, and

19 dangerous or narcotic drug content of such blood and urine

20 specimens. Each specimen submitted shall be accompanied by

21 pertinent information concerning the decedent upon a form

22 prescribed by such laboratory. Any person drawing blood and

23 urine and any person making any examination of the blood and

24 urine under the terms of this Division shall be immune from all

25 liability, civil or criminal, that might otherwise be incurred

26 or imposed.

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1 In all other cases coming within the jurisdiction of the

2 coroner and referred to in subparagraphs (a) through (e) above,

3 blood, and whenever possible, urine samples shall be analyzed

4 for the presence of alcohol and other drugs. When the coroner

5 suspects that drugs may have been involved in the death, either

6 directly or indirectly, a toxicological examination shall be

7 performed which may include analyses of blood, urine, bile,

8 gastric contents and other tissues. When the coroner suspects a

9 death is due to toxic substances, other than drugs, the coroner

10 shall consult with the toxicologist prior to collection of

11 samples. Information submitted to the toxicologist shall

12 include information as to height, weight, age, sex and race of

13 the decedent as well as medical history, medications used by

14 and the manner of death of decedent.

15 When the coroner or medical examiner finds that the cause

16 of death is due to homicidal means, the coroner or medical

17 examiner shall cause blood and buccal specimens (tissue may be

18 submitted if no uncontaminated blood or buccal specimen can be

19 obtained), whenever possible, to be withdrawn from the body of

20 the decedent in a timely fashion. For proper preservation of

21 the specimens, collected blood and buccal specimens shall be

22 dried and tissue specimens shall be frozen if available

23 equipment exists. As soon as possible, but no later than 30

24 days after the collection of the specimens, the coroner or

25 medical examiner shall release those specimens to the police

26 agency responsible for investigating the death. As soon as

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1 possible, but no later than 30 days after the receipt from the

2 coroner or medical examiner, the police agency shall submit the

3 specimens using the agency case number to a National DNA Index

4 System (NDIS) participating laboratory within this State, such

5 as the Illinois Department of State Police, Division of

6 Forensic Services, for analysis and categorizing into genetic

7 marker groupings. The results of the analysis and categorizing

8 into genetic marker groupings shall be provided to the Illinois

9 Department of State Police and shall be maintained by the

10 Illinois Department of State Police in the State central

11 repository in the same manner, and subject to the same

12 conditions, as provided in Section 5-4-3 of the Unified Code of

13 Corrections. The requirements of this paragraph are in addition

14 to any other findings, specimens, or information that the

15 coroner or medical examiner is required to provide during the

16 conduct of a criminal investigation.

17 In all counties, in cases of apparent suicide, homicide, or

18 accidental death or in other cases, within the discretion of

19 the coroner, the coroner may summon 8 persons of lawful age

20 from those persons drawn for petit jurors in the county. The

21 summons shall command these persons to present themselves

22 personally at such a place and time as the coroner shall

23 determine, and may be in any form which the coroner shall

24 determine and may incorporate any reasonable form of request

25 for acknowledgement which the coroner deems practical and

26 provides a reliable proof of service. The summons may be served

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1 by first class mail. From the 8 persons so summoned, the

2 coroner shall select 6 to serve as the jury for the inquest.

3 Inquests may be continued from time to time, as the coroner may

4 deem necessary. The 6 jurors selected in a given case may view

5 the body of the deceased. If at any continuation of an inquest

6 one or more of the original jurors shall be unable to continue

7 to serve, the coroner shall fill the vacancy or vacancies. A

8 juror serving pursuant to this paragraph shall receive

9 compensation from the county at the same rate as the rate of

10 compensation that is paid to petit or grand jurors in the

11 county. The coroner shall furnish to each juror without fee at

12 the time of his discharge a certificate of the number of days

13 in attendance at an inquest, and, upon being presented with

14 such certificate, the county treasurer shall pay to the juror

15 the sum provided for his services.

16 In counties which have a jury commission, in cases of

17 apparent suicide or homicide or of accidental death, the

18 coroner may conduct an inquest. The jury commission shall

19 provide at least 8 jurors to the coroner, from whom the coroner

20 shall select any 6 to serve as the jury for the inquest.

21 Inquests may be continued from time to time as the coroner may

22 deem necessary. The 6 jurors originally chosen in a given case

23 may view the body of the deceased. If at any continuation of an

24 inquest one or more of the 6 jurors originally chosen shall be

25 unable to continue to serve, the coroner shall fill the vacancy

26 or vacancies. At the coroner's discretion, additional jurors to

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1 fill such vacancies shall be supplied by the jury commission. A

2 juror serving pursuant to this paragraph in such county shall

3 receive compensation from the county at the same rate as the

4 rate of compensation that is paid to petit or grand jurors in

5 the county.

6 In every case in which a fire is determined to be a

7 contributing factor in a death, the coroner shall report the

8 death to the Office of the State Fire Marshal. The coroner

9 shall provide a copy of the death certificate (i) within 30

10 days after filing the permanent death certificate and (ii) in a

11 manner that is agreed upon by the coroner and the State Fire

12 Marshal.

13 In every case in which a drug overdose is determined to be

14 the cause or a contributing factor in the death, the coroner or

15 medical examiner shall report the death to the Department of

16 Public Health. The Department of Public Health shall adopt

17 rules regarding specific information that must be reported in

18 the event of such a death. If possible, the coroner shall

19 report the cause of the overdose. As used in this Section,

20 "overdose" has the same meaning as it does in Section 414 of

21 the Illinois Controlled Substances Act. The Department of

22 Public Health shall issue a semiannual report to the General

23 Assembly summarizing the reports received. The Department

24 shall also provide on its website a monthly report of overdose

25 death figures organized by location, age, and any other

26 factors, the Department deems appropriate.

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1 In addition, in every case in which domestic violence is

2 determined to be a contributing factor in a death, the coroner

3 shall report the death to the Department of State Police.

4 All deaths in State institutions and all deaths of wards of

5 the State or youth in care as defined in Section 4d of the

6 Children and Family Services Act in private care facilities or

7 in programs funded by the Department of Human Services under

8 its powers relating to mental health and developmental

9 disabilities or alcoholism and substance abuse or funded by the

10 Department of Children and Family Services shall be reported to

11 the coroner of the county in which the facility is located. If

12 the coroner has reason to believe that an investigation is

13 needed to determine whether the death was caused by

14 maltreatment or negligent care of the ward of the State or

15 youth in care as defined in Section 4d of the Children and

16 Family Services Act, the coroner may conduct a preliminary

17 investigation of the circumstances of such death as in cases of

18 death under circumstances set forth in paragraphs (a) through

19 (e) of this Section.

20 (Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,

21 eff. 7-28-16; 100-159, eff. 8-18-17.)

22 Section 910-25. The Ambulatory Surgical Treatment Center

23 Act is amended by changing Section 2, and 3 as follows:

24 (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)

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1 Sec. 2. It is declared to be the public policy that the

2 State has a legitimate interest in assuring that all medical

3 procedures~~, including abortions,~~are performed under

4 circumstances that insure maximum safety. Therefore, the

5 purpose of this Act is to provide for the better protection of

6 the public health through the development, establishment, and

7 enforcement of standards (1) for the care of individuals in

8 ambulatory surgical treatment centers, and (2) for the

9 construction, maintenance and operation of ambulatory surgical

10 treatment centers, which, in light of advancing knowledge, will

11 promote safe and adequate treatment of such individuals in

12 ambulatory surgical treatment centers.

13 (Source: P.A. 78-227.)

14 (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)

15 Sec. 3. As used in this Act, unless the context otherwise

16 requires, the following words and phrases shall have the

17 meanings ascribed to them:

18 (A) "Ambulatory surgical treatment center" means any

19 institution, place or building devoted primarily to the

20 maintenance and operation of facilities for the performance of

21 surgical procedures. "Ambulatory surgical treatment center"

22 includes any place that meets and complies with the definition

23 of an ambulatory surgical treatment center under the rules

24 adopted by the Department ~~or any facility in which a medical or~~

25 ~~surgical procedure is utilized to terminate a pregnancy,~~

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1 ~~irrespective of whether the facility is devoted primarily to~~

2 ~~this purpose~~. Such facility shall not provide beds or other

3 accommodations for the overnight stay of patients; however,

4 facilities devoted exclusively to the treatment of children may

5 provide accommodations and beds for their patients for up to 23

6 hours following admission. Individual patients shall be

7 discharged in an ambulatory condition without danger to the

8 continued well being of the patients or shall be transferred to

9 a hospital.

10 The term "ambulatory surgical treatment center" does not

11 include any of the following:

12 (1) Any institution, place, building or agency

13 required to be licensed pursuant to the "Hospital Licensing

14 Act", approved July 1, 1953, as amended.

15 (2) Any person or institution required to be licensed

16 pursuant to the Nursing Home Care Act, the Specialized

17 Mental Health Rehabilitation Act of 2013, the ID/DD

18 Community Care Act, or the MC/DD Act.

19 (3) Hospitals or ambulatory surgical treatment centers

20 maintained by the State or any department or agency

21 thereof, where such department or agency has authority

22 under law to establish and enforce standards for the

23 hospitals or ambulatory surgical treatment centers under

24 its management and control.

25 (4) Hospitals or ambulatory surgical treatment centers

26 maintained by the Federal Government or agencies thereof.

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1 (5) Any place, agency, clinic, or practice, public or

2 private, whether organized for profit or not, devoted

3 exclusively to the performance of dental or oral surgical

4 procedures.

5 (6) Any facility in which the performance of abortion

6 procedures, including procedures to terminate a pregnancy

7 or to manage pregnancy loss, is limited to those performed

8 without general, epidural, or spinal anesthesia, and which

9 is not otherwise required to be an ambulatory surgical

10 treatment center. For purposes of this paragraph,

11 "general, epidural, or spinal anesthesia" does not include

12 local anesthesia or intravenous sedation. Nothing in this

13 paragraph shall be construed to limit any such facility

14 from voluntarily electing to apply for licensure as an

15 ambulatory surgical treatment center.

16 (B) "Person" means any individual, firm, partnership,

17 corporation, company, association, or joint stock association,

18 or the legal successor thereof.

19 (C) "Department" means the Department of Public Health of

20 the State of Illinois.

21 (D) "Director" means the Director of the Department of

22 Public Health of the State of Illinois.

23 (E) "Physician" means a person licensed to practice

24 medicine in all of its branches in the State of Illinois.

25 (F) "Dentist" means a person licensed to practice dentistry

26 under the Illinois Dental Practice Act.

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1 (G) "Podiatric physician" means a person licensed to

2 practice podiatry under the Podiatric Medical Practice Act of

3 1987.

4 (Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15;

5 99-180, eff. 7-29-15.)

6 Section 910-30. The Illinois Insurance Code is amended by

7 changing Section 356z.4 and adding 356z.4a as follows:

8 (215 ILCS 5/356z.4)

9 Sec. 356z.4. Coverage for contraceptives.

10 (a)(1) The General Assembly hereby finds and declares all

11 of the following:

12 (A) Illinois has a long history of expanding timely

13 access to birth control to prevent unintended pregnancy.

14 (B) The federal Patient Protection and Affordable Care

15 Act includes a contraceptive coverage guarantee as part of

16 a broader requirement for health insurance to cover key

17 preventive care services without out-of-pocket costs for

18 patients.

19 (C) The General Assembly intends to build on existing

20 State and federal law to promote gender equity and women's

21 health and to ensure greater contraceptive coverage equity

22 and timely access to all federal Food and Drug

23 Administration approved methods of birth control for all

24 individuals covered by an individual or group health

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1 insurance policy in Illinois.

2 (D) Medical management techniques such as denials,

3 step therapy, or prior authorization in public and private

4 health care coverage can impede access to the most

5 effective contraceptive methods.

6 (2) As used in this subsection (a):

7 "Contraceptive services" includes consultations,

8 examinations, procedures, and medical services related to the

9 use of contraceptive methods (including natural family

10 planning) to prevent an unintended pregnancy.

11 "Medical necessity", for the purposes of this subsection

12 (a), includes, but is not limited to, considerations such as

13 severity of side effects, differences in permanence and

14 reversibility of contraceptive, and ability to adhere to the

15 appropriate use of the item or service, as determined by the

16 attending provider.

17 "Therapeutic equivalent version" means drugs, devices, or

18 products that can be expected to have the same clinical effect

19 and safety profile when administered to patients under the

20 conditions specified in the labeling and satisfy the following

21 general criteria:

22 (i) they are approved as safe and effective;

23 (ii) they are pharmaceutical equivalents in that they

24 (A) contain identical amounts of the same active drug

25 ingredient in the same dosage form and route of

26 administration and (B) meet compendial or other applicable

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1 standards of strength, quality, purity, and identity;

2 (iii) they are bioequivalent in that (A) they do not

3 present a known or potential bioequivalence problem and

4 they meet an acceptable in vitro standard or (B) if they do

5 present such a known or potential problem, they are shown

6 to meet an appropriate bioequivalence standard;

7 (iv) they are adequately labeled; and

8 (v) they are manufactured in compliance with Current

9 Good Manufacturing Practice regulations.

10 (3) An individual or group policy of accident and health

11 insurance amended, delivered, issued, or renewed in this State

12 after the effective date of this amendatory Act of the 99th

13 General Assembly shall provide coverage for all of the

14 following services and contraceptive methods:

15 (A) All contraceptive drugs, devices, and other

16 products approved by the United States Food and Drug

17 Administration. This includes all over-the-counter

18 contraceptive drugs, devices, and products approved by the

19 United States Food and Drug Administration, excluding male

20 condoms. The following apply:

21 (i) If the United States Food and Drug

22 Administration has approved one or more therapeutic

23 equivalent versions of a contraceptive drug, device,

24 or product, a policy is not required to include all

25 such therapeutic equivalent versions in its formulary,

26 so long as at least one is included and covered without

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1 cost-sharing and in accordance with this Section.

2 (ii) If an individual's attending provider

3 recommends a particular service or item approved by the

4 United States Food and Drug Administration based on a

5 determination of medical necessity with respect to

6 that individual, the plan or issuer must cover that

7 service or item without cost sharing. The plan or

8 issuer must defer to the determination of the attending

9 provider.

10 (iii) If a drug, device, or product is not covered,

11 plans and issuers must have an easily accessible,

12 transparent, and sufficiently expedient process that

13 is not unduly burdensome on the individual or a

14 provider or other individual acting as a patient's

15 authorized representative to ensure coverage without

16 cost sharing.

17 (iv) This coverage must provide for the dispensing

18 of 12 months' worth of contraception at one time.

19 (B) Voluntary sterilization procedures.

20 (C) Contraceptive services, patient education, and

21 counseling on contraception.

22 (D) Follow-up services related to the drugs, devices,

23 products, and procedures covered under this Section,

24 including, but not limited to, management of side effects,

25 counseling for continued adherence, and device insertion

26 and removal.

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1 (4) Except as otherwise provided in this subsection (a), a

2 policy subject to this subsection (a) shall not impose a

3 deductible, coinsurance, copayment, or any other cost-sharing

4 requirement on the coverage provided. The provisions of this

5 paragraph do not apply to coverage of voluntary male

6 sterilization procedures to the extent such coverage would

7 disqualify a high-deductible health plan from eligibility for a

8 health savings account pursuant to the federal Internal Revenue

9 Code, 26 U.S.C. 223.

10 (5) Except as otherwise authorized under this subsection

11 (a), a policy shall not impose any restrictions or delays on

12 the coverage required under this subsection (a).

13 (6) If, at any time, the Secretary of the United States

14 Department of Health and Human Services, or its successor

15 agency, promulgates rules or regulations to be published in the

16 Federal Register or publishes a comment in the Federal Register

17 or issues an opinion, guidance, or other action that would

18 require the State, pursuant to any provision of the Patient

19 Protection and Affordable Care Act (Public Law 111-148),

20 including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any

21 successor provision, to defray the cost of any coverage

22 outlined in this subsection (a), then this subsection (a) is

23 inoperative with respect to all coverage outlined in this

24 subsection (a) other than that authorized under Section 1902 of

25 the Social Security Act, 42 U.S.C. 1396a, and the State shall

26 not assume any obligation for the cost of the coverage set

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1 forth in this subsection (a).

2 (b) This subsection (b) shall become operative if and only

3 if subsection (a) becomes inoperative.

4 An individual or group policy of accident and health

5 insurance amended, delivered, issued, or renewed in this State

6 after the date this subsection (b) becomes operative that

7 provides coverage for outpatient services and outpatient

8 prescription drugs or devices must provide coverage for the

9 insured and any dependent of the insured covered by the policy

10 for all outpatient contraceptive services and all outpatient

11 contraceptive drugs and devices approved by the Food and Drug

12 Administration. Coverage required under this Section may not

13 impose any deductible, coinsurance, waiting period, or other

14 cost-sharing or limitation that is greater than that required

15 for any outpatient service or outpatient prescription drug or

16 device otherwise covered by the policy.

17 Nothing in this subsection (b) shall be construed to

18 require an insurance company to cover services related to

19 permanent sterilization that requires a surgical procedure.

20 As used in this subsection (b), "outpatient contraceptive

21 service" means consultations, examinations, procedures, and

22 medical services, provided on an outpatient basis and related

23 to the use of contraceptive methods (including natural family

24 planning) to prevent an unintended pregnancy.

25 (c) (Blank). ~~Nothing in this Section shall be construed to~~

26 ~~require an insurance company to cover services related to an~~

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1 ~~abortion as the term "abortion" is defined in the Illinois~~

2 ~~Abortion Law of 1975.~~

3 (d) If a plan or issuer utilizes a network of providers,

4 nothing in this Section shall be construed to require coverage

5 or to prohibit the plan or issuer from imposing cost-sharing

6 for items or services described in this Section that are

7 provided or delivered by an out-of-network provider, unless the

8 plan or issuer does not have in its network a provider who is

9 able to or is willing to provide the applicable items or

10 services.

11 (Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19.)

12 (215 ILCS 5/356z.4a new)

13 Sec. 356z.4a. Coverage for abortion.

14 (a) Except as otherwise provided in this Section, no

15 individual or group policy of accident and health insurance

16 that provides pregnancy-related benefits may be issued,

17 amended, delivered, or renewed in this State after the

18 effective date of this amendatory Act of the 101st General

19 Assembly unless the policy provides a covered person with

20 coverage for abortion care.

21 (b) Coverage for abortion care may not impose any

22 deductible, coinsurance, waiting period, or other cost-sharing

23 limitation that is greater than that required for other

24 pregnancy-related benefits covered by the policy.

25 (c) Except as otherwise authorized under this Section, a

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1 policy shall not impose any restrictions or delays on the

2 coverage required under this Section.

3 (d) This Section does not, pursuant to 42 U.S.C.

4 18054(a)(6), apply to a multistate plan that does not provide

5 coverage for abortion.

6 (e) If the Department concludes that enforcement of this

7 Section may adversely affect the allocation of federal funds to

8 this State, the Department may grant an exemption to the

9 requirements, but only to the minimum extent necessary to

10 ensure the continued receipt of federal funds.

11 Section 910-35. The Health Maintenance Organization Act is

12 amended by changing Section 5-3 as follows:

13 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

14 Sec. 5-3. Insurance Code provisions.

15 (a) Health Maintenance Organizations shall be subject to

16 the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

17 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,

18 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,

19 355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,

20 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,

21 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,

22 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,

23 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,

24 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,

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1 409, 412, 444, and 444.1, paragraph (c) of subsection (2) of

2 Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,

3 XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.

4 (b) For purposes of the Illinois Insurance Code, except for

5 Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health

6 Maintenance Organizations in the following categories are

7 deemed to be "domestic companies":

8 (1) a corporation authorized under the Dental Service

9 Plan Act or the Voluntary Health Services Plans Act;

10 (2) a corporation organized under the laws of this

11 State; or

12 (3) a corporation organized under the laws of another

13 state, 30% or more of the enrollees of which are residents

14 of this State, except a corporation subject to

15 substantially the same requirements in its state of

16 organization as is a "domestic company" under Article VIII

17 1/2 of the Illinois Insurance Code.

18 (c) In considering the merger, consolidation, or other

19 acquisition of control of a Health Maintenance Organization

20 pursuant to Article VIII 1/2 of the Illinois Insurance Code,

21 (1) the Director shall give primary consideration to

22 the continuation of benefits to enrollees and the financial

23 conditions of the acquired Health Maintenance Organization

24 after the merger, consolidation, or other acquisition of

25 control takes effect;

26 (2)(i) the criteria specified in subsection (1)(b) of

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1 Section 131.8 of the Illinois Insurance Code shall not

2 apply and (ii) the Director, in making his determination

3 with respect to the merger, consolidation, or other

4 acquisition of control, need not take into account the

5 effect on competition of the merger, consolidation, or

6 other acquisition of control;

7 (3) the Director shall have the power to require the

8 following information:

9 (A) certification by an independent actuary of the

10 adequacy of the reserves of the Health Maintenance

11 Organization sought to be acquired;

12 (B) pro forma financial statements reflecting the

13 combined balance sheets of the acquiring company and

14 the Health Maintenance Organization sought to be

15 acquired as of the end of the preceding year and as of

16 a date 90 days prior to the acquisition, as well as pro

17 forma financial statements reflecting projected

18 combined operation for a period of 2 years;

19 (C) a pro forma business plan detailing an

20 acquiring party's plans with respect to the operation

21 of the Health Maintenance Organization sought to be

22 acquired for a period of not less than 3 years; and

23 (D) such other information as the Director shall

24 require.

25 (d) The provisions of Article VIII 1/2 of the Illinois

26 Insurance Code and this Section 5-3 shall apply to the sale by

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1 any health maintenance organization of greater than 10% of its

2 enrollee population (including without limitation the health

3 maintenance organization's right, title, and interest in and to

4 its health care certificates).

5 (e) In considering any management contract or service

6 agreement subject to Section 141.1 of the Illinois Insurance

7 Code, the Director (i) shall, in addition to the criteria

8 specified in Section 141.2 of the Illinois Insurance Code, take

9 into account the effect of the management contract or service

10 agreement on the continuation of benefits to enrollees and the

11 financial condition of the health maintenance organization to

12 be managed or serviced, and (ii) need not take into account the

13 effect of the management contract or service agreement on

14 competition.

15 (f) Except for small employer groups as defined in the

16 Small Employer Rating, Renewability and Portability Health

17 Insurance Act and except for medicare supplement policies as

18 defined in Section 363 of the Illinois Insurance Code, a Health

19 Maintenance Organization may by contract agree with a group or

20 other enrollment unit to effect refunds or charge additional

21 premiums under the following terms and conditions:

22 (i) the amount of, and other terms and conditions with

23 respect to, the refund or additional premium are set forth

24 in the group or enrollment unit contract agreed in advance

25 of the period for which a refund is to be paid or

26 additional premium is to be charged (which period shall not

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1 be less than one year); and

2 (ii) the amount of the refund or additional premium

3 shall not exceed 20% of the Health Maintenance

4 Organization's profitable or unprofitable experience with

5 respect to the group or other enrollment unit for the

6 period (and, for purposes of a refund or additional

7 premium, the profitable or unprofitable experience shall

8 be calculated taking into account a pro rata share of the

9 Health Maintenance Organization's administrative and

10 marketing expenses, but shall not include any refund to be

11 made or additional premium to be paid pursuant to this

12 subsection (f)). The Health Maintenance Organization and

13 the group or enrollment unit may agree that the profitable

14 or unprofitable experience may be calculated taking into

15 account the refund period and the immediately preceding 2

16 plan years.

17 The Health Maintenance Organization shall include a

18 statement in the evidence of coverage issued to each enrollee

19 describing the possibility of a refund or additional premium,

20 and upon request of any group or enrollment unit, provide to

21 the group or enrollment unit a description of the method used

22 to calculate (1) the Health Maintenance Organization's

23 profitable experience with respect to the group or enrollment

24 unit and the resulting refund to the group or enrollment unit

25 or (2) the Health Maintenance Organization's unprofitable

26 experience with respect to the group or enrollment unit and the

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1 resulting additional premium to be paid by the group or

2 enrollment unit.

3 In no event shall the Illinois Health Maintenance

4 Organization Guaranty Association be liable to pay any

5 contractual obligation of an insolvent organization to pay any

6 refund authorized under this Section.

7 (g) Rulemaking authority to implement Public Act 95-1045,

8 if any, is conditioned on the rules being adopted in accordance

9 with all provisions of the Illinois Administrative Procedure

10 Act and all rules and procedures of the Joint Committee on

11 Administrative Rules; any purported rule not so adopted, for

12 whatever reason, is unauthorized.

13 (Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;

14 100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.

15 8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

16 10-4-18.)

17 Section 910-40. The Voluntary Health Services Plans Act is

18 amended by changing Section 10 as follows:

19 (215 ILCS 165/10) (from Ch. 32, par. 604)

20 Sec. 10. Application of Insurance Code provisions. Health

21 services plan corporations and all persons interested therein

22 or dealing therewith shall be subject to the provisions of

23 Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,

24 143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,

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1 356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,

2 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,

3 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,

4 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,

5 356z.30, 356z.32,364.01, 367.2, 368a, 401, 401.1, 402, 403,

6 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of

7 Section 367 of the Illinois Insurance Code.

8 Rulemaking authority to implement Public Act 95-1045, if

9 any, is conditioned on the rules being adopted in accordance

10 with all provisions of the Illinois Administrative Procedure

11 Act and all rules and procedures of the Joint Committee on

12 Administrative Rules; any purported rule not so adopted, for

13 whatever reason, is unauthorized.

14 (Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

15 100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.

16 1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)

17 Section 910-45. The Medical Practice Act of 1987 is amended

18 by changing Section 22 and 36 as follows:

19 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)

20 (Section scheduled to be repealed on December 31, 2019)

21 Sec. 22. Disciplinary action.

22 (A) The Department may revoke, suspend, place on probation,

23 reprimand, refuse to issue or renew, or take any other

24 disciplinary or non-disciplinary action as the Department may

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1 deem proper with regard to the license or permit of any person

2 issued under this Act, including imposing fines not to exceed

3 $10,000 for each violation, upon any of the following grounds:

4 (1) (Blank). ~~Performance of an elective abortion in any~~

5 ~~place, locale, facility, or institution other than:~~

6 ~~(a) a facility licensed pursuant to the Ambulatory~~

7 ~~Surgical Treatment Center Act;~~

8 ~~(b) an institution licensed under the Hospital~~

9 ~~Licensing Act;~~

10 ~~(c) an ambulatory surgical treatment center or~~

11 ~~hospitalization or care facility maintained by the~~

12 ~~State or any agency thereof, where such department or~~

13 ~~agency has authority under law to establish and enforce~~

14 ~~standards for the ambulatory surgical treatment~~

15 ~~centers, hospitalization, or care facilities under its~~

16 ~~management and control;~~

17 ~~(d) ambulatory surgical treatment centers,~~

18 ~~hospitalization or care facilities maintained by the~~

19 ~~Federal Government; or~~

20 ~~(e) ambulatory surgical treatment centers,~~

21 ~~hospitalization or care facilities maintained by any~~

22 ~~university or college established under the laws of~~

23 ~~this State and supported principally by public funds~~

24 ~~raised by taxation.~~

25 (2) (Blank). ~~Performance of an abortion procedure in a~~

26 ~~willful and wanton manner on a woman who was not pregnant~~

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1 ~~at the time the abortion procedure was performed.~~

2 (3) A plea of guilty or nolo contendere, finding of

3 guilt, jury verdict, or entry of judgment or sentencing,

4 including, but not limited to, convictions, preceding

5 sentences of supervision, conditional discharge, or first

6 offender probation, under the laws of any jurisdiction of

7 the United States of any crime that is a felony.

8 (4) Gross negligence in practice under this Act.

9 (5) Engaging in dishonorable, unethical or

10 unprofessional conduct of a character likely to deceive,

11 defraud or harm the public.

12 (6) Obtaining any fee by fraud, deceit, or

13 misrepresentation.

14 (7) Habitual or excessive use or abuse of drugs defined

15 in law as controlled substances, of alcohol, or of any

16 other substances which results in the inability to practice

17 with reasonable judgment, skill or safety.

18 (8) Practicing under a false or, except as provided by

19 law, an assumed name.

20 (9) Fraud or misrepresentation in applying for, or

21 procuring, a license under this Act or in connection with

22 applying for renewal of a license under this Act.

23 (10) Making a false or misleading statement regarding

24 their skill or the efficacy or value of the medicine,

25 treatment, or remedy prescribed by them at their direction

26 in the treatment of any disease or other condition of the

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1 body or mind.

2 (11) Allowing another person or organization to use

3 their license, procured under this Act, to practice.

4 (12) Adverse action taken by another state or

5 jurisdiction against a license or other authorization to

6 practice as a medical doctor, doctor of osteopathy, doctor

7 of osteopathic medicine or doctor of chiropractic, a

8 certified copy of the record of the action taken by the

9 other state or jurisdiction being prima facie evidence

10 thereof. This includes any adverse action taken by a State

11 or federal agency that prohibits a medical doctor, doctor

12 of osteopathy, doctor of osteopathic medicine, or doctor of

13 chiropractic from providing services to the agency's

14 participants.

15 (13) Violation of any provision of this Act or of the

16 Medical Practice Act prior to the repeal of that Act, or

17 violation of the rules, or a final administrative action of

18 the Secretary, after consideration of the recommendation

19 of the Disciplinary Board.

20 (14) Violation of the prohibition against fee

21 splitting in Section 22.2 of this Act.

22 (15) A finding by the Disciplinary Board that the

23 registrant after having his or her license placed on

24 probationary status or subjected to conditions or

25 restrictions violated the terms of the probation or failed

26 to comply with such terms or conditions.

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1 (16) Abandonment of a patient.

2 (17) Prescribing, selling, administering,

3 distributing, giving or self-administering any drug

4 classified as a controlled substance (designated product)

5 or narcotic for other than medically accepted therapeutic

6 purposes.

7 (18) Promotion of the sale of drugs, devices,

8 appliances or goods provided for a patient in such manner

9 as to exploit the patient for financial gain of the

10 physician.

11 (19) Offering, undertaking or agreeing to cure or treat

12 disease by a secret method, procedure, treatment or

13 medicine, or the treating, operating or prescribing for any

14 human condition by a method, means or procedure which the

15 licensee refuses to divulge upon demand of the Department.

16 (20) Immoral conduct in the commission of any act

17 including, but not limited to, commission of an act of

18 sexual misconduct related to the licensee's practice.

19 (21) Willfully making or filing false records or

20 reports in his or her practice as a physician, including,

21 but not limited to, false records to support claims against

22 the medical assistance program of the Department of

23 Healthcare and Family Services (formerly Department of

24 Public Aid) under the Illinois Public Aid Code.

25 (22) Willful omission to file or record, or willfully

26 impeding the filing or recording, or inducing another

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1 person to omit to file or record, medical reports as

2 required by law, or willfully failing to report an instance

3 of suspected abuse or neglect as required by law.

4 (23) Being named as a perpetrator in an indicated

5 report by the Department of Children and Family Services

6 under the Abused and Neglected Child Reporting Act, and

7 upon proof by clear and convincing evidence that the

8 licensee has caused a child to be an abused child or

9 neglected child as defined in the Abused and Neglected

10 Child Reporting Act.

11 (24) Solicitation of professional patronage by any

12 corporation, agents or persons, or profiting from those

13 representing themselves to be agents of the licensee.

14 (25) Gross and willful and continued overcharging for

15 professional services, including filing false statements

16 for collection of fees for which services are not rendered,

17 including, but not limited to, filing such false statements

18 for collection of monies for services not rendered from the

19 medical assistance program of the Department of Healthcare

20 and Family Services (formerly Department of Public Aid)

21 under the Illinois Public Aid Code.

22 (26) A pattern of practice or other behavior which

23 demonstrates incapacity or incompetence to practice under

24 this Act.

25 (27) Mental illness or disability which results in the

26 inability to practice under this Act with reasonable

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1 judgment, skill or safety.

2 (28) Physical illness, including, but not limited to,

3 deterioration through the aging process, or loss of motor

4 skill which results in a physician's inability to practice

5 under this Act with reasonable judgment, skill or safety.

6 (29) Cheating on or attempt to subvert the licensing

7 examinations administered under this Act.

8 (30) Willfully or negligently violating the

9 confidentiality between physician and patient except as

10 required by law.

11 (31) The use of any false, fraudulent, or deceptive

12 statement in any document connected with practice under

13 this Act.

14 (32) Aiding and abetting an individual not licensed

15 under this Act in the practice of a profession licensed

16 under this Act.

17 (33) Violating state or federal laws or regulations

18 relating to controlled substances, legend drugs, or

19 ephedra as defined in the Ephedra Prohibition Act.

20 (34) Failure to report to the Department any adverse

21 final action taken against them by another licensing

22 jurisdiction (any other state or any territory of the

23 United States or any foreign state or country), by any peer

24 review body, by any health care institution, by any

25 professional society or association related to practice

26 under this Act, by any governmental agency, by any law

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1 enforcement agency, or by any court for acts or conduct

2 similar to acts or conduct which would constitute grounds

3 for action as defined in this Section.

4 (35) Failure to report to the Department surrender of a

5 license or authorization to practice as a medical doctor, a

6 doctor of osteopathy, a doctor of osteopathic medicine, or

7 doctor of chiropractic in another state or jurisdiction, or

8 surrender of membership on any medical staff or in any

9 medical or professional association or society, while

10 under disciplinary investigation by any of those

11 authorities or bodies, for acts or conduct similar to acts

12 or conduct which would constitute grounds for action as

13 defined in this Section.

14 (36) Failure to report to the Department any adverse

15 judgment, settlement, or award arising from a liability

16 claim related to acts or conduct similar to acts or conduct

17 which would constitute grounds for action as defined in

18 this Section.

19 (37) Failure to provide copies of medical records as

20 required by law.

21 (38) Failure to furnish the Department, its

22 investigators or representatives, relevant information,

23 legally requested by the Department after consultation

24 with the Chief Medical Coordinator or the Deputy Medical

25 Coordinator.

26 (39) Violating the Health Care Worker Self-Referral

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1 Act.

2 (40) Willful failure to provide notice when notice is

3 required under the Parental Notice of Abortion Act of 1995.

4 (41) Failure to establish and maintain records of

5 patient care and treatment as required by this law.

6 (42) Entering into an excessive number of written

7 collaborative agreements with licensed advanced practice

8 registered nurses resulting in an inability to adequately

9 collaborate.

10 (43) Repeated failure to adequately collaborate with a

11 licensed advanced practice registered nurse.

12 (44) Violating the Compassionate Use of Medical

13 Cannabis Pilot Program Act.

14 (45) Entering into an excessive number of written

15 collaborative agreements with licensed prescribing

16 psychologists resulting in an inability to adequately

17 collaborate.

18 (46) Repeated failure to adequately collaborate with a

19 licensed prescribing psychologist.

20 (47) Willfully failing to report an instance of

21 suspected abuse, neglect, financial exploitation, or

22 self-neglect of an eligible adult as defined in and

23 required by the Adult Protective Services Act.

24 (48) Being named as an abuser in a verified report by

25 the Department on Aging under the Adult Protective Services

26 Act, and upon proof by clear and convincing evidence that

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1 the licensee abused, neglected, or financially exploited

2 an eligible adult as defined in the Adult Protective

3 Services Act.

4 (49) Entering into an excessive number of written

5 collaborative agreements with licensed physician

6 assistants resulting in an inability to adequately

7 collaborate.

8 (50) Repeated failure to adequately collaborate with a

9 physician assistant.

10 Except for actions involving the ground numbered (26), all

11 proceedings to suspend, revoke, place on probationary status,

12 or take any other disciplinary action as the Department may

13 deem proper, with regard to a license on any of the foregoing

14 grounds, must be commenced within 5 years next after receipt by

15 the Department of a complaint alleging the commission of or

16 notice of the conviction order for any of the acts described

17 herein. Except for the grounds numbered (8), (9), (26), and

18 (29), no action shall be commenced more than 10 years after the

19 date of the incident or act alleged to have violated this

20 Section. For actions involving the ground numbered (26), a

21 pattern of practice or other behavior includes all incidents

22 alleged to be part of the pattern of practice or other behavior

23 that occurred, or a report pursuant to Section 23 of this Act

24 received, within the 10-year period preceding the filing of the

25 complaint. In the event of the settlement of any claim or cause

26 of action in favor of the claimant or the reduction to final

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1 judgment of any civil action in favor of the plaintiff, such

2 claim, cause of action or civil action being grounded on the

3 allegation that a person licensed under this Act was negligent

4 in providing care, the Department shall have an additional

5 period of 2 years from the date of notification to the

6 Department under Section 23 of this Act of such settlement or

7 final judgment in which to investigate and commence formal

8 disciplinary proceedings under Section 36 of this Act, except

9 as otherwise provided by law. The time during which the holder

10 of the license was outside the State of Illinois shall not be

11 included within any period of time limiting the commencement of

12 disciplinary action by the Department.

13 The entry of an order or judgment by any circuit court

14 establishing that any person holding a license under this Act

15 is a person in need of mental treatment operates as a

16 suspension of that license. That person may resume their

17 practice only upon the entry of a Departmental order based upon

18 a finding by the Disciplinary Board that they have been

19 determined to be recovered from mental illness by the court and

20 upon the Disciplinary Board's recommendation that they be

21 permitted to resume their practice.

22 The Department may refuse to issue or take disciplinary

23 action concerning the license of any person who fails to file a

24 return, or to pay the tax, penalty or interest shown in a filed

25 return, or to pay any final assessment of tax, penalty or

26 interest, as required by any tax Act administered by the

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1 Illinois Department of Revenue, until such time as the

2 requirements of any such tax Act are satisfied as determined by

3 the Illinois Department of Revenue.

4 The Department, upon the recommendation of the

5 Disciplinary Board, shall adopt rules which set forth standards

6 to be used in determining:

7 (a) when a person will be deemed sufficiently

8 rehabilitated to warrant the public trust;

9 (b) what constitutes dishonorable, unethical or

10 unprofessional conduct of a character likely to deceive,

11 defraud, or harm the public;

12 (c) what constitutes immoral conduct in the commission

13 of any act, including, but not limited to, commission of an

14 act of sexual misconduct related to the licensee's

15 practice; and

16 (d) what constitutes gross negligence in the practice

17 of medicine.

18 However, no such rule shall be admissible into evidence in

19 any civil action except for review of a licensing or other

20 disciplinary action under this Act.

21 In enforcing this Section, the Disciplinary Board or the

22 Licensing Board, upon a showing of a possible violation, may

23 compel, in the case of the Disciplinary Board, any individual

24 who is licensed to practice under this Act or holds a permit to

25 practice under this Act, or, in the case of the Licensing

26 Board, any individual who has applied for licensure or a permit

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1 pursuant to this Act, to submit to a mental or physical

2 examination and evaluation, or both, which may include a

3 substance abuse or sexual offender evaluation, as required by

4 the Licensing Board or Disciplinary Board and at the expense of

5 the Department. The Disciplinary Board or Licensing Board shall

6 specifically designate the examining physician licensed to

7 practice medicine in all of its branches or, if applicable, the

8 multidisciplinary team involved in providing the mental or

9 physical examination and evaluation, or both. The

10 multidisciplinary team shall be led by a physician licensed to

11 practice medicine in all of its branches and may consist of one

12 or more or a combination of physicians licensed to practice

13 medicine in all of its branches, licensed chiropractic

14 physicians, licensed clinical psychologists, licensed clinical

15 social workers, licensed clinical professional counselors, and

16 other professional and administrative staff. Any examining

17 physician or member of the multidisciplinary team may require

18 any person ordered to submit to an examination and evaluation

19 pursuant to this Section to submit to any additional

20 supplemental testing deemed necessary to complete any

21 examination or evaluation process, including, but not limited

22 to, blood testing, urinalysis, psychological testing, or

23 neuropsychological testing. The Disciplinary Board, the

24 Licensing Board, or the Department may order the examining

25 physician or any member of the multidisciplinary team to

26 provide to the Department, the Disciplinary Board, or the

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1 Licensing Board any and all records, including business

2 records, that relate to the examination and evaluation,

3 including any supplemental testing performed. The Disciplinary

4 Board, the Licensing Board, or the Department may order the

5 examining physician or any member of the multidisciplinary team

6 to present testimony concerning this examination and

7 evaluation of the licensee, permit holder, or applicant,

8 including testimony concerning any supplemental testing or

9 documents relating to the examination and evaluation. No

10 information, report, record, or other documents in any way

11 related to the examination and evaluation shall be excluded by

12 reason of any common law or statutory privilege relating to

13 communication between the licensee, permit holder, or

14 applicant and the examining physician or any member of the

15 multidisciplinary team. No authorization is necessary from the

16 licensee, permit holder, or applicant ordered to undergo an

17 evaluation and examination for the examining physician or any

18 member of the multidisciplinary team to provide information,

19 reports, records, or other documents or to provide any

20 testimony regarding the examination and evaluation. The

21 individual to be examined may have, at his or her own expense,

22 another physician of his or her choice present during all

23 aspects of the examination. Failure of any individual to submit

24 to mental or physical examination and evaluation, or both, when

25 directed, shall result in an automatic suspension, without

26 hearing, until such time as the individual submits to the

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1 examination. If the Disciplinary Board or Licensing Board finds

2 a physician unable to practice following an examination and

3 evaluation because of the reasons set forth in this Section,

4 the Disciplinary Board or Licensing Board shall require such

5 physician to submit to care, counseling, or treatment by

6 physicians, or other health care professionals, approved or

7 designated by the Disciplinary Board, as a condition for

8 issued, continued, reinstated, or renewed licensure to

9 practice. Any physician, whose license was granted pursuant to

10 Sections 9, 17, or 19 of this Act, or, continued, reinstated,

11 renewed, disciplined or supervised, subject to such terms,

12 conditions or restrictions who shall fail to comply with such

13 terms, conditions or restrictions, or to complete a required

14 program of care, counseling, or treatment, as determined by the

15 Chief Medical Coordinator or Deputy Medical Coordinators,

16 shall be referred to the Secretary for a determination as to

17 whether the licensee shall have their license suspended

18 immediately, pending a hearing by the Disciplinary Board. In

19 instances in which the Secretary immediately suspends a license

20 under this Section, a hearing upon such person's license must

21 be convened by the Disciplinary Board within 15 days after such

22 suspension and completed without appreciable delay. The

23 Disciplinary Board shall have the authority to review the

24 subject physician's record of treatment and counseling

25 regarding the impairment, to the extent permitted by applicable

26 federal statutes and regulations safeguarding the

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1 confidentiality of medical records.

2 An individual licensed under this Act, affected under this

3 Section, shall be afforded an opportunity to demonstrate to the

4 Disciplinary Board that they can resume practice in compliance

5 with acceptable and prevailing standards under the provisions

6 of their license.

7 The Department may promulgate rules for the imposition of

8 fines in disciplinary cases, not to exceed $10,000 for each

9 violation of this Act. Fines may be imposed in conjunction with

10 other forms of disciplinary action, but shall not be the

11 exclusive disposition of any disciplinary action arising out of

12 conduct resulting in death or injury to a patient. Any funds

13 collected from such fines shall be deposited in the Illinois

14 State Medical Disciplinary Fund.

15 All fines imposed under this Section shall be paid within

16 60 days after the effective date of the order imposing the fine

17 or in accordance with the terms set forth in the order imposing

18 the fine.

19 (B) The Department shall revoke the license or permit

20 issued under this Act to practice medicine or a chiropractic

21 physician who has been convicted a second time of committing

22 any felony under the Illinois Controlled Substances Act or the

23 Methamphetamine Control and Community Protection Act, or who

24 has been convicted a second time of committing a Class 1 felony

25 under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

26 person whose license or permit is revoked under this subsection

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1 B shall be prohibited from practicing medicine or treating

2 human ailments without the use of drugs and without operative

3 surgery.

4 (C) The Department shall not revoke, suspend, place on

5 probation, reprimand, refuse to issue or renew, or take any

6 other disciplinary or non-disciplinary action against the

7 license or permit issued under this Act to practice medicine to

8 a physician:

9 (1) based solely upon the recommendation of the

10 physician to an eligible patient regarding, or

11 prescription for, or treatment with, an investigational

12 drug, biological product, or device; or

13 (2) for experimental treatment for Lyme disease or

14 other tick-borne diseases, including, but not limited to,

15 the prescription of or treatment with long-term

16 antibiotics.

17 (D) The Disciplinary Board shall recommend to the

18 Department civil penalties and any other appropriate

19 discipline in disciplinary cases when the Board finds that a

20 physician willfully performed an abortion with actual

21 knowledge that the person upon whom the abortion has been

22 performed is a minor or an incompetent person without notice as

23 required under the Parental Notice of Abortion Act of 1995.

24 Upon the Board's recommendation, the Department shall impose,

25 for the first violation, a civil penalty of $1,000 and for a

26 second or subsequent violation, a civil penalty of $5,000.

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1 (Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;

2 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.

3 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised

4 12-19-18.)

5 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)

6 (Section scheduled to be repealed on December 31, 2019)

7 Sec. 36. Investigation; notice.

8 (a) Upon the motion of either the Department or the

9 Disciplinary Board or upon the verified complaint in writing of

10 any person setting forth facts which, if proven, would

11 constitute grounds for suspension or revocation under Section

12 22 of this Act, the Department shall investigate the actions of

13 any person, so accused, who holds or represents that they hold

14 a license. Such person is hereinafter called the accused.

15 (b) The Department shall, before suspending, revoking,

16 placing on probationary status, or taking any other

17 disciplinary action as the Department may deem proper with

18 regard to any license at least 30 days prior to the date set

19 for the hearing, notify the accused in writing of any charges

20 made and the time and place for a hearing of the charges before

21 the Disciplinary Board, direct them to file their written

22 answer thereto to the Disciplinary Board under oath within 20

23 days after the service on them of such notice and inform them

24 that if they fail to file such answer default will be taken

25 against them and their license may be suspended, revoked,

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1 placed on probationary status, or have other disciplinary

2 action, including limiting the scope, nature or extent of their

3 practice, as the Department may deem proper taken with regard

4 thereto. The Department shall, at least 14 days prior to the

5 date set for the hearing, notify in writing any person who

6 filed a complaint against the accused of the time and place for

7 the hearing of the charges against the accused before the

8 Disciplinary Board and inform such person whether he or she may

9 provide testimony at the hearing.

10 (c) (Blank). ~~Where a physician has been found, upon~~

11 ~~complaint and investigation of the Department, and after~~

12 ~~hearing, to have performed an abortion procedure in a wilful~~

13 ~~and wanton manner upon a woman who was not pregnant at the time~~

14 ~~such abortion procedure was performed, the Department shall~~

15 ~~automatically revoke the license of such physician to practice~~

16 ~~medicine in Illinois.~~

17 (d) Such written notice and any notice in such proceedings

18 thereafter may be served by delivery of the same, personally,

19 to the accused person, or by mailing the same by registered or

20 certified mail to the accused person's address of record.

21 (e) All information gathered by the Department during its

22 investigation including information subpoenaed under Section

23 23 or 38 of this Act and the investigative file shall be kept

24 for the confidential use of the Secretary, Disciplinary Board,

25 the Medical Coordinators, persons employed by contract to

26 advise the Medical Coordinator or the Department, the

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1 Disciplinary Board's attorneys, the medical investigative

2 staff, and authorized clerical staff, as provided in this Act

3 and shall be afforded the same status as is provided

4 information concerning medical studies in Part 21 of Article

5 VIII of the Code of Civil Procedure, except that the Department

6 may disclose information and documents to a federal, State, or

7 local law enforcement agency pursuant to a subpoena in an

8 ongoing criminal investigation to a health care licensing body

9 of this State or another state or jurisdiction pursuant to an

10 official request made by that licensing body. Furthermore,

11 information and documents disclosed to a federal, State, or

12 local law enforcement agency may be used by that agency only

13 for the investigation and prosecution of a criminal offense or,

14 in the case of disclosure to a health care licensing body, only

15 for investigations and disciplinary action proceedings with

16 regard to a license issued by that licensing body.

17 (Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;

18 98-1140, eff. 12-30-14.)

19 Section 910-50. The Nurse Practice Act is amended by

20 changing Section 65-35 and 65-43 as follows:

21 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)

22 (Section scheduled to be repealed on January 1, 2028)

23 Sec. 65-35. Written collaborative agreements.

24 (a) A written collaborative agreement is required for all

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1 advanced practice registered nurses engaged in clinical

2 practice prior to meeting the requirements of Section 65-43,

3 except for advanced practice registered nurses who are

4 privileged to practice in a hospital, hospital affiliate, or

5 ambulatory surgical treatment center.

6 (a-5) If an advanced practice registered nurse engages in

7 clinical practice outside of a hospital, hospital affiliate, or

8 ambulatory surgical treatment center in which he or she is

9 privileged to practice, the advanced practice registered nurse

10 must have a written collaborative agreement, except as set

11 forth in Section 65-43.

12 (b) A written collaborative agreement shall describe the

13 relationship of the advanced practice registered nurse with the

14 collaborating physician and shall describe the categories of

15 care, treatment, or procedures to be provided by the advanced

16 practice registered nurse. A collaborative agreement with a

17 podiatric physician must be in accordance with subsection (c-5)

18 or (c-15) of this Section. A collaborative agreement with a

19 dentist must be in accordance with subsection (c-10) of this

20 Section. A collaborative agreement with a podiatric physician

21 must be in accordance with subsection (c-5) of this Section.

22 Collaboration does not require an employment relationship

23 between the collaborating physician and the advanced practice

24 registered nurse.

25 The collaborative relationship under an agreement shall

26 not be construed to require the personal presence of a

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1 collaborating physician at the place where services are

2 rendered. Methods of communication shall be available for

3 consultation with the collaborating physician in person or by

4 telecommunications or electronic communications as set forth

5 in the written agreement.

6 (b-5) Absent an employment relationship, a written

7 collaborative agreement may not (1) restrict the categories of

8 patients of an advanced practice registered nurse within the

9 scope of the advanced practice registered nurses training and

10 experience, (2) limit third party payors or government health

11 programs, such as the medical assistance program or Medicare

12 with which the advanced practice registered nurse contracts, or

13 (3) limit the geographic area or practice location of the

14 advanced practice registered nurse in this State.

15 (c) In the case of anesthesia services provided by a

16 certified registered nurse anesthetist, an anesthesiologist, a

17 physician, a dentist, or a podiatric physician must participate

18 through discussion of and agreement with the anesthesia plan

19 and remain physically present and available on the premises

20 during the delivery of anesthesia services for diagnosis,

21 consultation, and treatment of emergency medical conditions.

22 (c-5) A certified registered nurse anesthetist, who

23 provides anesthesia services outside of a hospital or

24 ambulatory surgical treatment center shall enter into a written

25 collaborative agreement with an anesthesiologist or the

26 physician licensed to practice medicine in all its branches or

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1 the podiatric physician performing the procedure. Outside of a

2 hospital or ambulatory surgical treatment center, the

3 certified registered nurse anesthetist may provide only those

4 services that the collaborating podiatric physician is

5 authorized to provide pursuant to the Podiatric Medical

6 Practice Act of 1987 and rules adopted thereunder. A certified

7 registered nurse anesthetist may select, order, and administer

8 medication, including controlled substances, and apply

9 appropriate medical devices for delivery of anesthesia

10 services under the anesthesia plan agreed with by the

11 anesthesiologist or the operating physician or operating

12 podiatric physician.

13 (c-10) A certified registered nurse anesthetist who

14 provides anesthesia services in a dental office shall enter

15 into a written collaborative agreement with an

16 anesthesiologist or the physician licensed to practice

17 medicine in all its branches or the operating dentist

18 performing the procedure. The agreement shall describe the

19 working relationship of the certified registered nurse

20 anesthetist and dentist and shall authorize the categories of

21 care, treatment, or procedures to be performed by the certified

22 registered nurse anesthetist. In a collaborating dentist's

23 office, the certified registered nurse anesthetist may only

24 provide those services that the operating dentist with the

25 appropriate permit is authorized to provide pursuant to the

26 Illinois Dental Practice Act and rules adopted thereunder. For

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1 anesthesia services, an anesthesiologist, physician, or

2 operating dentist shall participate through discussion of and

3 agreement with the anesthesia plan and shall remain physically

4 present and be available on the premises during the delivery of

5 anesthesia services for diagnosis, consultation, and treatment

6 of emergency medical conditions. A certified registered nurse

7 anesthetist may select, order, and administer medication,

8 including controlled substances, and apply appropriate medical

9 devices for delivery of anesthesia services under the

10 anesthesia plan agreed with by the operating dentist.

11 (c-15) An advanced practice registered nurse who had a

12 written collaborative agreement with a podiatric physician

13 immediately before the effective date of Public Act 100-513 may

14 continue in that collaborative relationship or enter into a new

15 written collaborative relationship with a podiatric physician

16 under the requirements of this Section and Section 65-40, as

17 those Sections existed immediately before the amendment of

18 those Sections by Public Act 100-513 with regard to a written

19 collaborative agreement between an advanced practice

20 registered nurse and a podiatric physician.

21 (d) A copy of the signed, written collaborative agreement

22 must be available to the Department upon request from both the

23 advanced practice registered nurse and the collaborating

24 physician, dentist, or podiatric physician.

25 (e) Nothing in this Act shall be construed to limit the

26 delegation of tasks or duties by a physician to a licensed

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1 practical nurse, a registered professional nurse, or other

2 persons in accordance with Section 54.2 of the Medical Practice

3 Act of 1987. Nothing in this Act shall be construed to limit

4 the method of delegation that may be authorized by any means,

5 including, but not limited to, oral, written, electronic,

6 standing orders, protocols, guidelines, or verbal orders.

7 (e-5) Nothing in this Act shall be construed to authorize

8 an advanced practice registered nurse to provide health care

9 services required by law or rule to be performed by a

10 physician. The scope of practice of an advanced practice

11 registered nurse does not include operative surgery. Nothing in

12 this Section shall be construed to preclude an advanced

13 practice registered nurse from assisting in surgery ~~, including~~

14 ~~those acts to be performed by a physician in Section 3.1 of the~~

15 ~~Illinois Abortion Law of 1975~~.

16 (f) An advanced practice registered nurse shall inform each

17 collaborating physician, dentist, or podiatric physician of

18 all collaborative agreements he or she has signed and provide a

19 copy of these to any collaborating physician, dentist, or

20 podiatric physician upon request.

21 (g) (Blank).

22 (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;

23 100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)

24 (225 ILCS 65/65-43)

25 (Section scheduled to be repealed on January 1, 2028)

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1 Sec. 65-43. Full practice authority.

2 (a) An Illinois-licensed advanced practice registered

3 nurse certified as a nurse practitioner, nurse midwife, or

4 clinical nurse specialist shall be deemed by law to possess the

5 ability to practice without a written collaborative agreement

6 as set forth in this Section.

7 (b) An advanced practice registered nurse certified as a

8 nurse midwife, clinical nurse specialist, or nurse

9 practitioner who files with the Department a notarized

10 attestation of completion of at least 250 hours of continuing

11 education or training and at least 4,000 hours of clinical

12 experience after first attaining national certification shall

13 not require a written collaborative agreement, except as

14 specified in subsection (c). Documentation of successful

15 completion shall be provided to the Department upon request.

16 Continuing education or training hours required by

17 subsection (b) shall be in the advanced practice registered

18 nurse's area of certification as set forth by Department rule.

19 The clinical experience must be in the advanced practice

20 registered nurse's area of certification. The clinical

21 experience shall be in collaboration with a physician or

22 physicians. Completion of the clinical experience must be

23 attested to by the collaborating physician or physicians and

24 the advanced practice registered nurse.

25 (c) The scope of practice of an advanced practice

26 registered nurse with full practice authority includes:

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1 (1) all matters included in subsection (c) of Section

2 65-30 of this Act;

3 (2) practicing without a written collaborative

4 agreement in all practice settings consistent with

5 national certification;

6 (3) authority to prescribe both legend drugs and

7 Schedule II through V controlled substances; this

8 authority includes prescription of, selection of, orders

9 for, administration of, storage of, acceptance of samples

10 of, and dispensing over the counter medications, legend

11 drugs, and controlled substances categorized as any

12 Schedule II through V controlled substances, as defined in

13 Article II of the Illinois Controlled Substances Act, and

14 other preparations, including, but not limited to,

15 botanical and herbal remedies;

16 (4) prescribing benzodiazepines or Schedule II

17 narcotic drugs, such as opioids, only in a consultation

18 relationship with a physician; this consultation

19 relationship shall be recorded in the Prescription

20 Monitoring Program website, pursuant to Section 316 of the

21 Illinois Controlled Substances Act, by the physician and

22 advanced practice registered nurse with full practice

23 authority and is not required to be filed with the

24 Department; the specific Schedule II narcotic drug must be

25 identified by either brand name or generic name; the

26 specific Schedule II narcotic drug, such as an opioid, may

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1 be administered by oral dosage or topical or transdermal

2 application; delivery by injection or other route of

3 administration is not permitted; at least monthly, the

4 advanced practice registered nurse and the physician must

5 discuss the condition of any patients for whom a

6 benzodiazepine or opioid is prescribed; nothing in this

7 subsection shall be construed to require a prescription by

8 an advanced practice registered nurse with full practice

9 authority to require a physician name;

10 (5) authority to obtain an Illinois controlled

11 substance license and a federal Drug Enforcement

12 Administration number; and

13 (6) use of only local anesthetic.

14 The scope of practice of an advanced practice registered

15 nurse does not include operative surgery. Nothing in this

16 Section shall be construed to preclude an advanced practice

17 registered nurse from assisting in surgery.

18 (d) The Department may adopt rules necessary to administer

19 this Section, including, but not limited to, requiring the

20 completion of forms and the payment of fees.

21 (e) Nothing in this Act shall be construed to authorize an

22 advanced practice registered nurse with full practice

23 authority to provide health care services required by law or

24 rule to be performed by a physician~~, including, but not limited~~

25 ~~to, those acts to be performed by a physician in Section 3.1 of~~

26 ~~the Illinois Abortion Law of 1975~~.

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1 (Source: P.A. 100-513, eff. 1-1-18.)

2 Section 910-53. The Physician Assistant Practice Act of

3 1987 is amended by changing Section 7.5 as follows:

4 (225 ILCS 95/7.5)

5 (Section scheduled to be repealed on January 1, 2028)

6 Sec. 7.5. Written collaborative agreements; prescriptive

7 authority.

8 (a) A written collaborative agreement is required for all

9 physician assistants to practice in the State, except as

10 provided in Section 7.7 of this Act.

11 (1) A written collaborative agreement shall describe

12 the working relationship of the physician assistant with

13 the collaborating physician and shall describe the

14 categories of care, treatment, or procedures to be provided

15 by the physician assistant. The written collaborative

16 agreement shall promote the exercise of professional

17 judgment by the physician assistant commensurate with his

18 or her education and experience. The services to be

19 provided by the physician assistant shall be services that

20 the collaborating physician is authorized to and generally

21 provides to his or her patients in the normal course of his

22 or her clinical medical practice. The written

23 collaborative agreement need not describe the exact steps

24 that a physician assistant must take with respect to each

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1 specific condition, disease, or symptom but must specify

2 which authorized procedures require the presence of the

3 collaborating physician as the procedures are being

4 performed. The relationship under a written collaborative

5 agreement shall not be construed to require the personal

6 presence of a physician at the place where services are

7 rendered. Methods of communication shall be available for

8 consultation with the collaborating physician in person or

9 by telecommunications or electronic communications as set

10 forth in the written collaborative agreement. For the

11 purposes of this Act, "generally provides to his or her

12 patients in the normal course of his or her clinical

13 medical practice" means services, not specific tasks or

14 duties, the collaborating physician routinely provides

15 individually or through delegation to other persons so that

16 the physician has the experience and ability to collaborate

17 and provide consultation.

18 (2) The written collaborative agreement shall be

19 adequate if a physician does each of the following:

20 (A) Participates in the joint formulation and

21 joint approval of orders or guidelines with the

22 physician assistant and he or she periodically reviews

23 such orders and the services provided patients under

24 such orders in accordance with accepted standards of

25 medical practice and physician assistant practice.

26 (B) Provides consultation at least once a month.

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1 (3) A copy of the signed, written collaborative

2 agreement must be available to the Department upon request

3 from both the physician assistant and the collaborating

4 physician.

5 (4) A physician assistant shall inform each

6 collaborating physician of all written collaborative

7 agreements he or she has signed and provide a copy of these

8 to any collaborating physician upon request.

9 (b) A collaborating physician may, but is not required to,

10 delegate prescriptive authority to a physician assistant as

11 part of a written collaborative agreement. This authority may,

12 but is not required to, include prescription of, selection of,

13 orders for, administration of, storage of, acceptance of

14 samples of, and dispensing medical devices, over the counter

15 medications, legend drugs, medical gases, and controlled

16 substances categorized as Schedule II through V controlled

17 substances, as defined in Article II of the Illinois Controlled

18 Substances Act, and other preparations, including, but not

19 limited to, botanical and herbal remedies. The collaborating

20 physician must have a valid, current Illinois controlled

21 substance license and federal registration with the Drug

22 Enforcement Agency to delegate the authority to prescribe

23 controlled substances.

24 (1) To prescribe Schedule II, III, IV, or V controlled

25 substances under this Section, a physician assistant must

26 obtain a mid-level practitioner controlled substances

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1 license. Medication orders issued by a physician assistant

2 shall be reviewed periodically by the collaborating

3 physician.

4 (2) The collaborating physician shall file with the

5 Department notice of delegation of prescriptive authority

6 to a physician assistant and termination of delegation,

7 specifying the authority delegated or terminated. Upon

8 receipt of this notice delegating authority to prescribe

9 controlled substances, the physician assistant shall be

10 eligible to register for a mid-level practitioner

11 controlled substances license under Section 303.05 of the

12 Illinois Controlled Substances Act. Nothing in this Act

13 shall be construed to limit the delegation of tasks or

14 duties by the collaborating physician to a nurse or other

15 appropriately trained persons in accordance with Section

16 54.2 of the Medical Practice Act of 1987.

17 (3) In addition to the requirements of this subsection

18 (b), a collaborating physician may, but is not required to,

19 delegate authority to a physician assistant to prescribe

20 Schedule II controlled substances, if all of the following

21 conditions apply:

22 (A) Specific Schedule II controlled substances by

23 oral dosage or topical or transdermal application may

24 be delegated, provided that the delegated Schedule II

25 controlled substances are routinely prescribed by the

26 collaborating physician. This delegation must identify

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1 the specific Schedule II controlled substances by

2 either brand name or generic name. Schedule II

3 controlled substances to be delivered by injection or

4 other route of administration may not be delegated.

5 (B) (Blank).

6 (C) Any prescription must be limited to no more

7 than a 30-day supply, with any continuation authorized

8 only after prior approval of the collaborating

9 physician.

10 (D) The physician assistant must discuss the

11 condition of any patients for whom a controlled

12 substance is prescribed monthly with the collaborating

13 physician.

14 (E) The physician assistant meets the education

15 requirements of Section 303.05 of the Illinois

16 Controlled Substances Act.

17 (c) Nothing in this Act shall be construed to limit the

18 delegation of tasks or duties by a physician to a licensed

19 practical nurse, a registered professional nurse, or other

20 persons. Nothing in this Act shall be construed to limit the

21 method of delegation that may be authorized by any means,

22 including, but not limited to, oral, written, electronic,

23 standing orders, protocols, guidelines, or verbal orders.

24 Nothing in this Act shall be construed to authorize a physician

25 assistant to provide health care services required by law or

26 rule to be performed by a physician. Nothing in this Act shall

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1 be construed to authorize the delegation or performance of

2 operative surgery. Nothing in this Section shall be construed

3 to preclude a physician assistant from assisting in surgery.

4 (c-5) Nothing in this Section shall be construed to apply

5 to any medication authority, including Schedule II controlled

6 substances of a licensed physician assistant for care provided

7 in a hospital, hospital affiliate, or ambulatory surgical

8 treatment center pursuant to Section 7.7 of this Act.

9 (d) (Blank).

10 (e) Nothing in this Section shall be construed to prohibit

11 generic substitution.

12 (Source: P.A. 100-453, eff. 8-25-17.)

13 Section 910-55. The Vital Records Act is amended by

14 changing Section 1 as follows:

15 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)

16 Sec. 1. As used in this Act, unless the context otherwise

17 requires:

18 (1) "Vital records" means records of births, deaths, fetal

19 deaths, marriages, dissolution of marriages, and data related

20 thereto.

21 (2) "System of vital records" includes the registration,

22 collection, preservation, amendment, and certification of

23 vital records, and activities related thereto.

24 (3) "Filing" means the presentation of a certificate,

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1 report, or other record provided for in this Act, of a birth,

2 death, fetal death, adoption, marriage, or dissolution of

3 marriage, for registration by the Office of Vital Records.

4 (4) "Registration" means the acceptance by the Office of

5 Vital Records and the incorporation in its official records of

6 certificates, reports, or other records provided for in this

7 Act, of births, deaths, fetal deaths, adoptions, marriages, or

8 dissolution of marriages.

9 (5) "Live birth" means the complete expulsion or extraction

10 from its mother of a product of human conception, irrespective

11 of the duration of pregnancy, which after such separation

12 breathes or shows any other evidence of life such as beating of

13 the heart, pulsation of the umbilical cord, or definite

14 movement of voluntary muscles, whether or not the umbilical

15 cord has been cut or the placenta is attached.

16 (6) "Fetal death" means death prior to the complete

17 expulsion or extraction fromthe uterus ~~its mother~~ of a product

18 of human conception, irrespective of the duration of pregnancy,

19 and which is not due to an abortion as defined in Section 1-10

20 of the Reproductive Health Act. ~~;~~ The ~~the~~ death is indicated by

21 the fact that after such separation the fetus does not breathe

22 or show any other evidence of life such as beating of the

23 heart, pulsation of the umbilical cord, or definite movement of

24 voluntary muscles.

25 (7) "Dead body" means a lifeless human body or parts of

26 such body or bones thereof from the state of which it may

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1 reasonably be concluded that death has occurred.

2 (8) "Final disposition" means the burial, cremation, or

3 other disposition of a dead human body or fetus or parts

4 thereof.

5 (9) "Physician" means a person licensed to practice

6 medicine in Illinois or any other state.

7 (10) "Institution" means any establishment, public or

8 private, which provides in-patient medical, surgical, or

9 diagnostic care or treatment, or nursing, custodial, or

10 domiciliary care to 2 or more unrelated individuals, or to

11 which persons are committed by law.

12 (11) "Department" means the Department of Public Health of

13 the State of Illinois.

14 (12) "Director" means the Director of the Illinois

15 Department of Public Health.

16 (13) "Licensed health care professional" means a person

17 licensed to practice as a physician, advanced practice

18 registered nurse, or physician assistant in Illinois or any

19 other state.

20 (14) "Licensed mental health professional" means a person

21 who is licensed or registered to provide mental health services

22 by the Department of Financial and Professional Regulation or a

23 board of registration duly authorized to register or grant

24 licenses to persons engaged in the practice of providing mental

25 health services in Illinois or any other state.

26 (15) "Intersex condition" means a condition in which a

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1 person is born with a reproductive or sexual anatomy or

2 chromosome pattern that does not fit typical definitions of

3 male or female.

4 (16) "Homeless person" means an individual who meets the

5 definition of "homeless" under Section 103 of the federal

6 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an

7 individual residing in any of the living situations described

8 in 42 U.S.C. 11434a(2).

9 (Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;

10 100-863, eff. 8-14-18.)

11 Section 910-60. The Environmental Protection Act is

12 amended by changing Section 56.1 as follows:

13 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)

14 Sec. 56.1. Acts prohibited.

15 (A) No person shall:

16 (a) Cause or allow the disposal of any potentially

17 infectious medical waste. Sharps may be disposed in any

18 landfill permitted by the Agency under Section 21 of this

19 Act to accept municipal waste for disposal, if both:

20 (1) the infectious potential has been eliminated

21 from the sharps by treatment; and

22 (2) the sharps are packaged in accordance with

23 Board regulations.

24 (b) Cause or allow the delivery of any potentially

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1 infectious medical waste for transport, storage,

2 treatment, or transfer except in accordance with Board

3 regulations.

4 (c) Beginning July 1, 1992, cause or allow the delivery

5 of any potentially infectious medical waste to a person or

6 facility for storage, treatment, or transfer that does not

7 have a permit issued by the agency to receive potentially

8 infectious medical waste, unless no permit is required

9 under subsection (g)(1).

10 (d) Beginning July 1, 1992, cause or allow the delivery

11 or transfer of any potentially infectious medical waste for

12 transport unless:

13 (1) the transporter has a permit issued by the

14 Agency to transport potentially infectious medical

15 waste, or the transporter is exempt from the permit

16 requirement set forth in subsection (f)(l).

17 (2) a potentially infectious medical waste

18 manifest is completed for the waste if a manifest is

19 required under subsection (h).

20 (e) Cause or allow the acceptance of any potentially

21 infectious medical waste for purposes of transport,

22 storage, treatment, or transfer except in accordance with

23 Board regulations.

24 (f) Beginning July 1, 1992, conduct any potentially

25 infectious medical waste transportation operation:

26 (1) Without a permit issued by the Agency to

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1 transport potentially infectious medical waste. No

2 permit is required under this provision (f)(1) for:

3 (A) a person transporting potentially

4 infectious medical waste generated solely by that

5 person's activities;

6 (B) noncommercial transportation of less than

7 50 pounds of potentially infectious medical waste

8 at any one time; or

9 (C) the U.S. Postal Service.

10 (2) In violation of any condition of any permit

11 issued by the Agency under this Act.

12 (3) In violation of any regulation adopted by the

13 Board.

14 (4) In violation of any order adopted by the Board

15 under this Act.

16 (g) Beginning July 1, 1992, conduct any potentially

17 infectious medical waste treatment, storage, or transfer

18 operation:

19 (1) without a permit issued by the Agency that

20 specifically authorizes the treatment, storage, or

21 transfer of potentially infectious medical waste. No

22 permit is required under this subsection (g) or

23 subsection (d)(1) of Section 21 for any:

24 (A) Person conducting a potentially infectious

25 medical waste treatment, storage, or transfer

26 operation for potentially infectious medical waste

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1 generated by the person's own activities that are

2 treated, stored, or transferred within the site

3 where the potentially infectious medical waste is

4 generated.

5 (B) Hospital that treats, stores, or transfers

6 only potentially infectious medical waste

7 generated by its own activities or by members of

8 its medical staff.

9 (C) Sharps collection station that is operated

10 in accordance with Section 56.7.

11 (2) in violation of any condition of any permit

12 issued by the Agency under this Act.

13 (3) in violation of any regulation adopted by the

14 Board.

15 (4) In violation of any order adopted by the Board

16 under this Act.

17 (h) Transport potentially infectious medical waste

18 unless the transporter carries a completed potentially

19 infectious medical waste manifest. No manifest is required

20 for the transportation of:

21 (1) potentially infectious medical waste being

22 transported by generators who generated the waste by

23 their own activities, when the potentially infectious

24 medical waste is transported within or between sites or

25 facilities owned, controlled, or operated by that

26 person;

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1 (2) less than 50 pounds of potentially infectious

2 medical waste at any one time for a noncommercial

3 transportation activity; or

4 (3) potentially infectious medical waste by the

5 U.S. Postal Service.

6 (i) Offer for transportation, transport, deliver,

7 receive or accept potentially infectious medical waste for

8 which a manifest is required, unless the manifest indicates

9 that the fee required under Section 56.4 of this Act has

10 been paid.

11 (j) Beginning January 1, 1994, conduct a potentially

12 infectious medical waste treatment operation at an

13 incinerator in existence on the effective date of this

14 Title in violation of emission standards established for

15 these incinerators under Section 129 of the Clean Air Act

16 (42 USC 7429), as amended.

17 (k) Beginning July 1, 2015, knowingly mix household

18 sharps, including, but not limited to, hypodermic,

19 intravenous, or other medical needles or syringes or other

20 medical household waste containing used or unused sharps,

21 including, but not limited to, hypodermic, intravenous, or

22 other medical needles or syringes or other sharps, with any

23 other material intended for collection as a recyclable

24 material by a residential hauler.

25 (l) Beginning on July 1, 2015, knowingly place

26 household sharps into a container intended for collection

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1 by a residential hauler for processing at a recycling

2 center.

3 (B) In making its orders and determinations relative to

4 penalties, if any, to be imposed for violating subdivision

5 (A)(a) of this Section, the Board, in addition to the factors

6 in Sections 33(c) and 42(h) of this Act, or the Court shall

7 take into consideration whether the owner or operator of the

8 landfill reasonably relied on written statements from the

9 person generating or treating the waste that the waste is not

10 potentially infectious medical waste.

11 (C) Notwithstanding subsection (A) or any other provision

12 of law, including the Vital Records Act, tissue and products

13 from an abortion, as defined in Section 1-10 of the

14 Reproductive Health Act, or a miscarriage may be buried,

15 entombed, or cremated.

16 (Source: P.A. 99-82, eff. 7-20-15.)

17 Section 910-65. The Criminal Code of 2012 is amended by

18 changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:

19 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)

20 Sec. 9-1.2. Intentional Homicide of an Unborn Child.

21 (a) A person commits the offense of intentional homicide of

22 an unborn child if, in performing acts which cause the death of

23 an unborn child, he without lawful justification:

24 (1) either intended to cause the death of or do great

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1 bodily harm to the pregnantindividual ~~woman~~ or ~~her~~ unborn

2 child or knew that such acts would cause death or great

3 bodily harm to the pregnant individual ~~woman~~ or ~~her~~ unborn

4 child; or

5 (2) knew that his acts created a strong probability of

6 death or great bodily harm to the pregnantindividual ~~woman~~

7 or ~~her~~ unborn child; and

8 (3) knew that the individual ~~woman~~ was pregnant.

9 (b) For purposes of this Section, (1) "unborn child" shall

10 mean any individual of the human species fromthe implantation

11 of an embryo ~~fertilization~~until birth, and (2) "person" shall

12 not include the pregnant woman whose unborn child is killed.

13 (c) This Section shall not apply to acts which cause the

14 death of an unborn child if those acts were committed during

15 any abortion, as defined inSection 1-10 of the Reproductive

16 Health Act, ~~Section 2 of the Illinois Abortion Law of 1975, as~~

17 ~~amended,~~to which the pregnantindividual ~~woman~~ has consented.

18 This Section shall not apply to acts which were committed

19 pursuant to usual and customary standards of medical practice

20 during diagnostic testing or therapeutic treatment.

21 (d) Penalty. The sentence for intentional homicide of an

22 unborn child shall be the same as for first degree murder,

23 except that:

24 (1) the death penalty may not be imposed;

25 (2) if the person committed the offense while armed

26 with a firearm, 15 years shall be added to the term of

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1 imprisonment imposed by the court;

2 (3) if, during the commission of the offense, the

3 person personally discharged a firearm, 20 years shall be

4 added to the term of imprisonment imposed by the court;

5 (4) if, during the commission of the offense, the

6 person personally discharged a firearm that proximately

7 caused great bodily harm, permanent disability, permanent

8 disfigurement, or death to another person, 25 years or up

9 to a term of natural life shall be added to the term of

10 imprisonment imposed by the court.

11 (e) The provisions of this Act shall not be construed to

12 prohibit the prosecution of any person under any other

13 provision of law.

14 (Source: P.A. 96-1000, eff. 7-2-10.)

15 (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)

16 Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)

17 A person who kills an unborn child without lawful justification

18 commits voluntary manslaughter of an unborn child if at the

19 time of the killing he is acting under a sudden and intense

20 passion resulting from serious provocation by another whom the

21 offender endeavors to kill, but he negligently or accidentally

22 causes the death of the unborn child.

23 Serious provocation is conduct sufficient to excite an

24 intense passion in a reasonable person.

25 (b) A person who intentionally or knowingly kills an unborn

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1 child commits voluntary manslaughter of an unborn child if at

2 the time of the killing he believes the circumstances to be

3 such that, if they existed, would justify or exonerate the

4 killing under the principles stated in Article 7 of this Code,

5 but his belief is unreasonable.

6 (c) Sentence. Voluntary Manslaughter of an unborn child is

7 a Class 1 felony.

8 (d) For purposes of this Section, (1) "unborn child" shall

9 mean any individual of the human species fromthe implantation

10 of an embryo ~~fertilization~~until birth, and (2) "person" shall

11 not include the pregnant individual ~~woman~~ whose unborn child is

12 killed.

13 (e) This Section shall not apply to acts which cause the

14 death of an unborn child if those acts were committed during

15 any abortion, as defined inSection 1-10 of the Reproductive

16 Health Act, ~~Section 2 of the Illinois Abortion Law of 1975, as~~

17 ~~amended,~~to which the pregnantindividual ~~woman~~has consented.

18 This Section shall not apply to acts which were committed

19 pursuant to usual and customary standards of medical practice

20 during diagnostic testing or therapeutic treatment.

21 (Source: P.A. 84-1414.)

22 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)

23 Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide

24 of an Unborn Child. (a) A person who unintentionally kills an

25 unborn child without lawful justification commits involuntary

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1 manslaughter of an unborn child if his acts whether lawful or

2 unlawful which cause the death are such as are likely to cause

3 death or great bodily harm to some individual, and he performs

4 them recklessly, except in cases in which the cause of death

5 consists of the driving of a motor vehicle, in which case the

6 person commits reckless homicide of an unborn child.

7 (b) Sentence.

8 (1) Involuntary manslaughter of an unborn child is a Class

9 3 felony.

10 (2) Reckless homicide of an unborn child is a Class 3

11 felony.

12 (c) For purposes of this Section, (1) "unborn child" shall

13 mean any individual of the human species fromthe implantation

14 of an embryo ~~fertilization~~until birth, and (2) "person" shall

15 not include the pregnant individual ~~woman~~ whose unborn child is

16 killed.

17 (d) This Section shall not apply to acts which cause the

18 death of an unborn child if those acts were committed during

19 any abortion, as defined inSection 1-10 of the Reproductive

20 Health Act, ~~Section 2 of the Illinois Abortion Law of 1975, as~~

21 ~~amended~~, to which the pregnantindividual ~~woman~~has consented.

22 This Section shall not apply to acts which were committed

23 pursuant to usual and customary standards of medical practice

24 during diagnostic testing or therapeutic treatment.

25 (e) The provisions of this Section shall not be construed

26 to prohibit the prosecution of any person under any other

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1 provision of law, nor shall it be construed to preclude any

2 civil cause of action.

3 (Source: P.A. 84-1414.)

4 (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)

5 Sec. 12-3.1. Battery of an unborn child; aggravated battery

6 of an unborn child.

7 (a) A person commits battery of an unborn child if he or

8 she knowingly without legal justification and by any means

9 causes bodily harm to an unborn child.

10 (a-5) A person commits aggravated battery of an unborn

11 child when, in committing a battery of an unborn child, he or

12 she knowingly causes great bodily harm or permanent disability

13 or disfigurement to an unborn child.

14 (b) For purposes of this Section, (1) "unborn child" shall

15 mean any individual of the human species fromthe implantation

16 of an embryo ~~fertilization~~until birth, and (2) "person" shall

17 not include the pregnant individual ~~woman~~ whose unborn child is

18 harmed.

19 (c) Sentence. Battery of an unborn child is a Class A

20 misdemeanor. Aggravated battery of an unborn child is a Class 2

21 felony.

22 (d) This Section shall not apply to acts which cause bodily

23 harm to an unborn child if those acts were committed during any

24 abortion, as defined inSection 1-10 of the Reproductive Health

25 Act, ~~Section 2 of the Illinois Abortion Law of 1975, as~~

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1 ~~amended,~~to which the pregnantindividual ~~woman~~has consented.

2 This Section shall not apply to acts which were committed

3 pursuant to usual and customary standards of medical practice

4 during diagnostic testing or therapeutic treatment.

5 (Source: P.A. 96-1551, eff. 7-1-11.)

6 Section 910-70. The Code of Civil Procedure is amended by

7 changing Section 8-802 as follows:

8 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)

9 Sec. 8-802. Physician and patient. No physician or surgeon

10 shall be permitted to disclose any information he or she may

11 have acquired in attending any patient in a professional

12 character, necessary to enable him or her professionally to

13 serve the patient, except only (1) in trials for homicide when

14 the disclosure relates directly to the fact or immediate

15 circumstances of the homicide, (2) in actions, civil or

16 criminal, against the physician for malpractice, (3) with the

17 expressed consent of the patient, or in case of his or her

18 death or disability, of his or her personal representative or

19 other person authorized to sue for personal injury or of the

20 beneficiary of an insurance policy on his or her life, health,

21 or physical condition, or as authorized by Section 8-2001.5,

22 (4) in all actions brought by or against the patient, his or

23 her personal representative, a beneficiary under a policy of

24 insurance, or the executor or administrator of his or her

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1 estate wherein the patient's physical or mental condition is an

2 issue, (5) upon an issue as to the validity of a document as a

3 will of the patient, (6) (blank) ~~in any criminal action where~~

4 ~~the charge is either first degree murder by abortion, attempted~~

5 ~~abortion or abortion~~, (7) in actions, civil or criminal,

6 arising from the filing of a report in compliance with the

7 Abused and Neglected Child Reporting Act, (8) to any

8 department, agency, institution or facility which has custody

9 of the patient pursuant to State statute or any court order of

10 commitment, (9) in prosecutions where written results of blood

11 alcohol tests are admissible pursuant to Section 11-501.4 of

12 the Illinois Vehicle Code, (10) in prosecutions where written

13 results of blood alcohol tests are admissible under Section

14 5-11a of the Boat Registration and Safety Act, (11) in criminal

15 actions arising from the filing of a report of suspected

16 terrorist offense in compliance with Section 29D-10(p)(7) of

17 the Criminal Code of 2012, (12) upon the issuance of a subpoena

18 pursuant to Section 38 of the Medical Practice Act of 1987; the

19 issuance of a subpoena pursuant to Section 25.1 of the Illinois

20 Dental Practice Act; the issuance of a subpoena pursuant to

21 Section 22 of the Nursing Home Administrators Licensing and

22 Disciplinary Act; or the issuance of a subpoena pursuant to

23 Section 25.5 of the Workers' Compensation Act, (13) upon the

24 issuance of a grand jury subpoena pursuant to Article 112 of

25 the Code of Criminal Procedure of 1963, or (14) to or through a

26 health information exchange, as that term is defined in Section

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1 2 of the Mental Health and Developmental Disabilities

2 Confidentiality Act, in accordance with State or federal law.

3 Upon disclosure under item (13) of this Section, in any

4 criminal action where the charge is domestic battery,

5 aggravated domestic battery, or an offense under Article 11 of

6 the Criminal Code of 2012 or where the patient is under the age

7 of 18 years or upon the request of the patient, the State's

8 Attorney shall petition the court for a protective order

9 pursuant to Supreme Court Rule 415.

10 In the event of a conflict between the application of this

11 Section and the Mental Health and Developmental Disabilities

12 Confidentiality Act to a specific situation, the provisions of

13 the Mental Health and Developmental Disabilities

14 Confidentiality Act shall control.

15 (Source: P.A. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,

16 eff. 7-20-15.)

17 Section 910-73. The Health Care Right of Conscience Act is

18 amended by changing Section 3 as follows:

19 (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)

20 Sec. 3. Definitions. As used in this Act, unless the

21 context clearly otherwise requires:

22 (a) "Health care" means any phase of patient care,

23 including but not limited to, testing; diagnosis;

24 prognosis; ancillary research; instructions; family

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1 planning, counselling, referrals, or any other advice in

2 connection with the use or procurement of contraceptives

3 and sterilization or abortion procedures; medication;~~or~~

4 surgery or other care or treatment rendered by a physician

5 or physicians, nurses, paraprofessionals or health care

6 facility, intended for the physical, emotional, and mental

7 well-being of persons; or an abortion as defined by the

8 Reproductive Health Act;

9 (b) "Physician" means any person who is licensed by the

10 State of Illinois under the Medical Practice Act of 1987;

11 (c) "Health care personnel" means any nurse, nurses'

12 aide, medical school student, professional,

13 paraprofessional or any other person who furnishes, or

14 assists in the furnishing of, health care services;

15 (d) "Health care facility" means any public or private

16 hospital, clinic, center, medical school, medical training

17 institution, laboratory or diagnostic facility,

18 physician's office, infirmary, dispensary, ambulatory

19 surgical treatment center or other institution or location

20 wherein health care services are provided to any person,

21 including physician organizations and associations,

22 networks, joint ventures, and all other combinations of

23 those organizations;

24 (e) "Conscience" means a sincerely held set of moral

25 convictions arising from belief in and relation to God, or

26 which, though not so derived, arises from a place in the

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1 life of its possessor parallel to that filled by God among

2 adherents to religious faiths;

3 (f) "Health care payer" means a health maintenance

4 organization, insurance company, management services

5 organization, or any other entity that pays for or arranges

6 for the payment of any health care or medical care service,

7 procedure, or product; and

8 (g) "Undue delay" means unreasonable delay that causes

9 impairment of the patient's health.

10 The above definitions include not only the traditional

11 combinations and forms of these persons and organizations but

12 also all new and emerging forms and combinations of these

13 persons and organizations.

14 (Source: P.A. 99-690, eff. 1-1-17.)

15 Section 910-75. The Rights of Married Persons Act is

16 amended by changing Section 15 as follows:

17 (750 ILCS 65/15) (from Ch. 40, par. 1015)

18 Sec. 15. (a)(1) The expenses of the family and of the

19 education of the children shall be chargeable upon the property

20 of both husband and wife, or of either of them, in favor of

21 creditors therefor, and in relation thereto they may be sued

22 jointly or separately.

23 (2) No creditor, who has a claim against a spouse or former

24 spouse for an expense incurred by that spouse or former spouse

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1 which is not a family expense, shall maintain an action against

2 the other spouse or former spouse for that expense except:

3 (A) an expense for which the other spouse or former spouse

4 agreed, in writing, to be liable; or

5 (B) an expense for goods or merchandise purchased by or in

6 the possession of the other spouse or former spouse, or for

7 services ordered by the other spouse or former spouse.

8 (3) Any creditor who maintains an action in violation of

9 this subsection (a) for an expense other than a family expense

10 against a spouse or former spouse other than the spouse or

11 former spouse who incurred the expense, shall be liable to the

12 other spouse or former spouse for his or her costs, expenses

13 and attorney's fees incurred in defending the action.

14 (4) No creditor shall, with respect to any claim against a

15 spouse or former spouse for which the creditor is prohibited

16 under this subsection (a) from maintaining an action against

17 the other spouse or former spouse, engage in any collection

18 efforts against the other spouse or former spouse, including,

19 but not limited to, informal or formal collection attempts,

20 referral of the claim to a collector or collection agency for

21 collection from the other spouse or former spouse, or making

22 any representation to a credit reporting agency that the other

23 spouse or former spouse is any way liable for payment of the

24 claim.

25 (b) (Blank). ~~No spouse shall be liable for any expense~~

26 ~~incurred by the other spouse when an abortion is performed on~~

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1 ~~such spouse, without the consent of such other spouse, unless~~

2 ~~the physician who performed the abortion certifies that such~~

3 ~~abortion is necessary to preserve the life of the spouse who~~

4 ~~obtained such abortion.~~

5 (c) (Blank). ~~No parent shall be liable for any expense~~

6 ~~incurred by his or her minor child when an abortion is~~

7 ~~performed on such minor child without the consent of both~~

8 ~~parents of such child, if they both have custody, or the parent~~

9 ~~having custody, or legal guardian of such child, unless the~~

10 ~~physician who performed the abortion certifies that such~~

11 ~~abortion is necessary to preserve the life of the minor child~~

12 ~~who obtained such abortion.~~

13 (Source: P.A. 86-689.)

14 Section 910-995. No acceleration or delay. Where this Act

15 makes changes in a statute that is represented in this Act by

16 text that is not yet or no longer in effect (for example, a

17 Section represented by multiple versions), the use of that text

18 does not accelerate or delay the taking effect of (i) the

19 changes made by this Act or (ii) provisions derived from any

20 other Public Act.

21 Article 999. EFFECTIVE DATE

22 Section 999-999. Effective date. This Act takes effect upon

23 becoming law.".