103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2606

Introduced , by Rep. Adam M. Niemerg

SYNOPSIS AS INTRODUCED:
See Index

Creates the Illinois Abortion Law of 2023, with provisions similar to those of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as including provisions defining "viability" and "fetal heartbeat" and restricting the performance of an abortion to a patient who resides in the State. Creates the Partial-birth Abortion Ban Act of 2023 and the Abortion Performance Refusal Act of 2023, with provisions similar to those of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Creates the Parental Notice of Abortion Act of 2022, with provisions similar to those of the Parental Notice of Abortion Act of 1995 before its repeal by Public Act 102-685. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Acts 101-13 and 102-1117. Repeals the Reproductive Health Act, the Abortion Care Clinical Training Program Act, the Lawful Health Care Activity Act, the Protecting Reproductive Health Care Services Act, and the Youth Health and Safety Act. Effective immediately.
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A BILL FOR

HB2606LRB103 26004 LNS 52358 b
1 AN ACT concerning abortion.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
Article 1.
5 Section 1-1. Short title. This Article shall be known and
6may be cited as the Illinois Abortion Law of 2023. References
7in this Article to "this Law" mean this Article.
8 Section 1-5. Definitions. Unless the language or context
9clearly indicates a different meaning is intended, the
10following words or phrases for the purpose of this Law shall be
11given the meaning ascribed to them:
12 "Abortifacient" means any instrument, medicine, drug, or
13any other substance or device which is known to cause fetal
14death when employed in the usual and customary use for which it
15is manufactured, whether the fetus is known to exist when such
16substance or device is employed.
17 "Abortion" means the use of any instrument, medicine,
18drug, or any other substance or device to terminate the
19pregnancy of a woman known to be pregnant with an intention
20other than to increase the probability of a live birth, to
21preserve the life or health of the child after live birth, or
22to remove a dead fetus.

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1 "Born alive", "live born", and "live birth", when applied
2to an individual organism of the species homo sapiens, each
3mean he or she was completely expelled or extracted from his or
4her mother and after such separation breathed or showed
5evidence of the beating of the heart, pulsation of the
6umbilical cord, or definite movement of voluntary muscles,
7irrespective of the duration of pregnancy and whether the
8umbilical cord has been cut or the placenta is attached.
9 "Department" means the Department of Public Health.
10 "Fertilization" and "conception" each mean the
11fertilization of a human ovum by a human sperm, which shall be
12deemed to have occurred at the time when it is known a
13spermatozoon has penetrated the cell membrane of the ovum.
14 "Fetal heartbeat" means cardiac activity or the steady and
15repetitive rhythmic contraction of the fetal heart within the
16gestational sac.
17 "Fetus" and "unborn child" each mean an individual
18organism of the species homo sapiens from fertilization until
19live birth.
20 "Physician" means any person licensed to practice medicine
21in all its branches under the Medical Practice Act of 1987.
22 "Viability" means either:
23 (1) that stage of fetal development when, in the
24 medical judgment of the attending physician based on the
25 particular facts of the case before the attending
26 physician, there is a reasonable likelihood of sustained

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1 survival of the fetus outside the womb, with or without
2 artificial support; or
3 (2) when, in the medical judgment of the attending
4 physician based on the particular facts of the case before
5 the attending physician, the unborn child has a fetal
6 heartbeat.
7 Section 1-10. Medical Judgment. No abortion shall be
8performed except by a physician after either (i) he or she
9determines that, in his or her best clinical judgment, the
10abortion is necessary, or (ii) he or she receives a written
11statement or oral communication by another physician,
12hereinafter called the "referring physician", certifying that
13in the referring physician's best clinical judgment the
14abortion is necessary. Any person who intentionally or
15knowingly performs an abortion contrary to the requirements of
16this Section commits a Class 2 felony.
17 Section 1-15. When an abortion may be performed.
18 (a) When the fetus is viable no abortion shall be
19performed unless in the medical judgment of the attending or
20referring physician, based on the particular facts of the case
21before him or her, it is necessary to preserve the life or
22health of the mother. Intentional, knowing, or reckless
23failure to conform to the requirements of this subsection is a
24Class 2 felony.

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1 (b) When the fetus is viable the physician shall certify
2in writing, on a form prescribed by the Department under
3Section 1-25, the medical indications which, in his or her
4medical judgment based on the particular facts of the case
5before him or her, warrant performance of the abortion to
6preserve the life or health of the mother.
7 Section 1-20. Requirements for performing abortion.
8 (a) Any physician who intentionally performs an abortion
9when, in his or her medical judgment based on the particular
10facts of the case before him or her, there is a reasonable
11likelihood of sustained survival of the fetus outside the
12womb, with or without artificial support, shall utilize that
13method of abortion which, of those he or she knows to be
14available, is in his or her medical judgment most likely to
15preserve the life and health of the fetus.
16 The physician shall certify in writing, on a form
17prescribed by the Department under Section 1-25, the available
18methods considered and the reasons for choosing the method
19employed.
20 Any physician who intentionally, knowingly, or recklessly
21violates the provisions of this subsection commits a Class 3
22felony.
23 (b) No abortion shall be performed or induced when the
24fetus is viable unless there is in attendance a physician
25other than the physician performing or inducing the abortion

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1who shall take control of and provide immediate medical care
2for any child born alive as a result of the abortion. This
3requirement shall not apply when, in the medical judgment of
4the physician performing or inducing the abortion based on the
5particular facts of the case before him or her, there exists a
6medical emergency; in such a case, the physician shall
7describe the basis of this judgment on the form prescribed by
8Section 1-25. Any physician who intentionally performs or
9induces such an abortion and who intentionally, knowingly, or
10recklessly fails to arrange for the attendance of such a
11second physician in violation of this subsection commits a
12Class 3 felony.
13 Subsequent to the abortion, if a child is born alive, the
14physician required by this subsection to be in attendance
15shall exercise the same degree of professional skill, care,
16and diligence to preserve the life and health of the child as
17would be required of a physician providing immediate medical
18care to a child born alive in the course of a pregnancy
19termination which was not an abortion. Any such physician who
20intentionally, knowingly, or recklessly violates this
21subsection commits a Class 3 felony.
22 (c) The law of this State shall not be construed to imply
23that any living individual organism of the species homo
24sapiens who has been born alive is not an individual under the
25Criminal Code of 1961 or Criminal Code of 2012.
26 (d) Any physician who intentionally performs an abortion

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1when, in his or her medical judgment based on the particular
2facts of the case before him, there is a reasonable
3possibility of sustained survival of the fetus outside the
4womb, with or without artificial support, shall utilize that
5method of abortion which, of those he or she knows to be
6available, is in his or her medical judgment most likely to
7preserve the life and health of the fetus.
8 The physician shall certify in writing, on a form
9prescribed by the Department under Section 1-25, the available
10methods considered and the reasons for choosing the method
11employed.
12 Any physician who intentionally, knowingly, or recklessly
13violates the provisions of this subsection commits a Class 3
14felony.
15 (e) Nothing in Section requires a physician to employ a
16method of abortion which, in the medical judgment of the
17physician performing the abortion based on the particular
18facts of the case before him or her, would increase medical
19risk to the mother.
20 (f) When the fetus is viable and when there exists
21reasonable medical certainty (i) that the particular method of
22abortion to be employed will cause organic pain to the fetus,
23and (ii) that use of an anesthetic or analgesic would abolish
24or alleviate organic pain to the fetus caused by the
25particular method of abortion to be employed, then the
26physician who is to perform the abortion or his or her agent or

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1the referring physician or his or her agent shall inform the
2woman upon whom the abortion is to be performed that such an
3anesthetic or analgesic is available, if he or she knows it to
4be available, for use to abolish or alleviate organic pain
5caused to the fetus by the particular method of abortion to be
6employed. Any person who performs an abortion with knowledge
7that any such reasonable medical certainty exists and that
8such an anesthetic or analgesic is available, and
9intentionally fails to so inform the woman or to ascertain
10that the woman has been so informed commits a Class B
11misdemeanor. The foregoing requirements of this subsection
12shall not apply (i) when in the medical judgment of the
13physician who is to perform the abortion or the referring
14physician based upon the particular facts of the case before
15him or her: (1) there exists a medical emergency, or (2) the
16administration of such an anesthetic or analgesic would
17decrease a possibility of sustained survival of the fetus
18apart from the body of the mother, with or without artificial
19support, or (ii) when the physician who is to perform the
20abortion administers an anesthetic or an analgesic to the
21woman or the fetus and he or she knows there exists reasonable
22medical certainty that such use will abolish organic pain
23caused to the fetus during the course of the abortion.
24 (g) No person shall sell or experiment upon a fetus
25produced by the fertilization of a human ovum by a human sperm
26unless such experimentation is therapeutic to the fetus

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1thereby produced. Intentional violation of this subsection is
2a Class A misdemeanor. Nothing in this subsection is intended
3to prohibit the performance of in vitro fertilization.
4 (h) No person shall intentionally perform an abortion with
5knowledge that the pregnant woman is seeking the abortion
6solely on account of the sex of the fetus. Nothing in this
7subsection shall be construed to proscribe the performance of
8an abortion on account of the sex of the fetus because of a
9genetic disorder linked to that sex. If the application of
10this subsection to the period of pregnancy prior to viability
11is held invalid, then such invalidity shall not affect its
12application to the period of pregnancy subsequent to
13viability.
14 (i) No person shall intentionally perform an abortion on a
15pregnant woman in this State unless the pregnant woman is a
16resident of this State. The pregnant woman shall provide photo
17identification on site demonstrating that her residential
18address is in this State. A patient who obtains an abortion in
19violation of this subsection is guilty of a Class 4 felony. A
20physician who violates this subsection shall have his or her
21medical license suspended for 5 years following the violation.
22 Section 1-25. Reporting. A report of each abortion
23performed shall be made to the Department on forms prescribed
24by it. Such report forms shall not identify the patient by
25name, but by an individual number to be noted in the patient's

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1permanent record in the possession of the physician, and shall
2include information concerning the:
3 (1) identification of the physician who performed the
4 abortion and the facility where the abortion was performed
5 and a patient identification number;
6 (2) State in which the patient resides;
7 (3) patient's date of birth, race, and marital status;
8 (4) number of prior pregnancies;
9 (5) date of last menstrual period;
10 (6) type of abortion procedure performed;
11 (7) complications and whether the abortion resulted in
12 a live birth;
13 (8) date the abortion was performed;
14 (9) medical indications for any abortion performed
15 when the fetus was viable;
16 (10) information required by subsections (a) and (d)
17 of Section 1-20, if applicable;
18 (11) basis for any medical judgment that a medical
19 emergency existed when required under subsections (b) and
20 (f) of Section 1-20 and when required to be reported in
21 accordance with this Section by any provision of this Law;
22 and
23 (12) pathologist's test results pursuant to Section
24 1-45.
25 Such form shall be completed by the hospital or other
26licensed facility, signed by the physician who performed the

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1abortion or pregnancy termination, and transmitted to the
2Department not later than 10 days following the end of the
3month in which the abortion was performed.
4 If a complication of an abortion occurs or becomes known
5after submission of such form, a correction using the same
6patient identification number shall be submitted to the
7Department within 10 days of its becoming known.
8 The Department may prescribe rules regarding the
9administration of this Law and shall prescribe rules to secure
10the confidentiality of the woman's identity in the information
11to be provided under the Vital Records Act. All reports
12received by the Department shall be treated as confidential
13and the Department shall secure the woman's anonymity. Such
14reports shall be used only for statistical purposes.
15 Upon 30 days public notice, the Department is empowered to
16require reporting of any additional information which, in the
17sound discretion of the Department, is necessary to develop
18statistical data relating to the protection of maternal or
19fetal life or health, or is necessary to enforce the
20provisions of this Law, or is necessary to develop useful
21criteria for medical decisions. The Department shall annually
22report to the General Assembly all statistical data gathered
23under this Law and its recommendations to further the purpose
24of this Law.
25 The requirement for reporting to the General Assembly
26shall be satisfied by filing copies of the report as required

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1by Section 3.1 of the General Assembly Organization Act, and
2filing such additional copies with the State Government Report
3Distribution Center for the General Assembly as is required
4under paragraph (t) of Section 7 of the State Library Act.
5 Section 1-30. Reporting complications resulting from
6abortion/ Any physician who diagnoses a woman as having
7complications resulting from an abortion shall report, within
8a reasonable period of time, the diagnosis and a summary of her
9physical symptoms to the Department in accordance with
10procedures and upon forms required by the Department. The
11Department shall define the complications required to be
12reported by rule. The complications defined by rule shall be
13those which, according to contemporary medical standards, are
14manifested by symptoms with severity equal to or greater than
15hemorrhaging requiring transfusion, infection, incomplete
16abortion, or punctured organs. If the physician making the
17diagnosis of a complication knows the name or location of the
18facility where the abortion was performed, he or she shall
19report such information to the Department.
20 Any physician who intentionally violates this Section
21shall be subject to revocation of his or her license pursuant
22to paragraph (22) of Section 22 of the Medical Practice Act of
231987.
24 Section 1-35. Violations.

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1 (a) Any person who intentionally violates any provision of
2this Law commits a Class A misdemeanor unless a specific
3penalty is otherwise provided. Any person who intentionally
4falsifies any writing required by this Law commits a Class A
5misdemeanor.
6 Intentional, knowing, reckless, or negligent violations of
7this Law shall constitute unprofessional conduct which causes
8public harm under Section 22 of the Medical Practice Act of
91987, Section 70-5 of the Nurse Practice Act, and Section 21 of
10the Physician Assistant Practice Act of 1987.
11 Intentional, knowing, reckless, or negligent violations of
12this Law will constitute grounds for refusal, denial,
13revocation, suspension, or withdrawal of license, certificate,
14or permit under Section 30 of the Pharmacy Practice Act,
15Section 7 of the Ambulatory Surgical Treatment Center Act, and
16Section 7 of the Hospital Licensing Act.
17 (b) Any hospital or licensed facility which, or any
18physician who intentionally, knowingly, or recklessly fails to
19submit a complete report to the Department in accordance with
20the provisions of Section 1-25 and any person who
21intentionally, knowingly, recklessly or negligently fails to
22maintain the confidentiality of any reports required under
23this Law or reports required by Section 1-30 or 1-45 commits a
24Class B misdemeanor.
25 (c) Any person who sells any drug, medicine, instrument,
26or other substance which he or she knows to be an abortifacient

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1and which is in fact an abortifacient, unless upon
2prescription of a physician, is guilty of a Class B
3misdemeanor. Any person who prescribes or administers any
4instrument, medicine, drug, or other substance or device,
5which he or she knows to be an abortifacient, and which is in
6fact an abortifacient, and intentionally, knowingly, or
7recklessly fails to inform the person for whom it is
8prescribed or upon whom it is administered that it is an
9abortifacient commits a Class C misdemeanor.
10 (d) Any person who intentionally, knowingly, or recklessly
11performs upon a woman what he or she represents to that woman
12to be an abortion when he or she knows or should know that she
13is not pregnant commits a Class 2 felony and shall be
14answerable in civil damages equal to 3 times the amount of
15proved damages.
16 Section 1-40. Referral fee.
17 (a) The payment or receipt of a referral fee in connection
18with the performance of an abortion is a Class 4 felony.
19 (b) For purposes of this Section, "referral fee" means the
20transfer of anything of value between a doctor who performs an
21abortion or an operator or employee of a clinic at which an
22abortion is performed and the person who advised the woman
23receiving the abortion to use the services of that doctor or
24clinic.

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1 Section 1-45. Gross and microscopic analysis and tissue
2report. The dead fetus and all tissue removed at the time of
3abortion shall be submitted for a gross and microscopic
4analysis and tissue report to a board eligible or certified
5pathologist as a matter of record in all cases. The results of
6the analysis and report shall be given to the physician who
7performed the abortion within 7 days of the abortion and such
8physician shall report any complications relevant to the
9woman's medical condition to his or her patient within 48
10hours of receiving a report, if possible. Any evidence of live
11birth or of viability shall be reported within 7 days, if
12possible, to the Department by the pathologist. Intentional
13failure of the pathologist to report any evidence of live
14birth or of viability to the Department is a Class B
15misdemeanor.
16 Section 1-50. Use of tissues or cells. Nothing in this Law
17shall prohibit the use of any tissues or cells obtained from a
18dead fetus or dead premature infant whose death did not result
19from an induced abortion, for therapeutic purposes or
20scientific, research, or laboratory experimentation, as long
21as the written consent to such use is obtained from one of the
22parents of such fetus or infant.
23 Section 1-55. No requirement to perform abortion. No
24physician, hospital, ambulatory surgical center, nor employee

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1thereof, shall be required against his, her, or its conscience
2declared in writing to perform, permit, or participate in any
3abortion, and the failure or refusal to do so shall not be the
4basis for any civil, criminal, administrative, or disciplinary
5action, proceeding, penalty, or punishment. If any request for
6an abortion is denied, the patient shall be promptly notified.
7 Section 1-60. Severability; effective dates.
8 (a) If any provision, word, phrase, or clause of this Law
9or the application thereof to any person or circumstance shall
10be held invalid, such invalidity shall not affect the
11provisions, words, phrases, clauses, or application of this
12Law which can be given effect without the invalid provision,
13word, phrase, clause, or application, and to this end the
14provisions, words, phrases, and clauses of this Law are
15declared to be severable.
16 (b) Within 60 days from the effective date of this Law, the
17Department shall issue rules pursuant to Section 1-25. Insofar
18as Section 1-25 requires registration under the Vital Records
19Act, it shall not take effect until such rules are issued. The
20Department shall make available the forms required under
21Section 1-25 within 30 days of the effective date of this Law.
22No requirement that any person report information to the
23Department shall become effective until the Department has
24made available the forms required under Section 1-25.

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1
Article 2.
2 Section 2-1. Short title. This Article may be cited as the
3Partial-birth Abortion Ban Act of 2023. References in this
4Article to "this Act" mean this Article.
5 Section 2-5. Definitions. As used in this Act:
6 "Fetus" and "infant" are used interchangeably to refer to
7the biological offspring of human parents.
8 "Partial-birth abortion" means an abortion in which the
9person performing the abortion partially vaginally delivers a
10living human fetus or infant before killing the fetus or
11infant and completing the delivery.
12 Section 2-10. Partial-birth abortions prohibited. Any
13person who knowingly performs a partial-birth abortion and
14thereby kills a human fetus or infant is guilty of a Class 4
15felony. This Section does not apply to a partial-birth
16abortion that is necessary to save the life of a mother because
17her life is endangered by a physical disorder, physical
18illness, or physical injury, including a life-endangering
19condition caused by or arising from the pregnancy itself, as
20long as no other medical procedure would suffice for that
21purpose.
22 Section 2-15. Civil action. The maternal grandparents of

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1the fetus or infant, if the mother has not attained the age of
218 years at the time of the abortion, may in a civil action
3obtain appropriate relief unless the pregnancy resulted from
4the plaintiff's criminal conduct or the plaintiff consented to
5the abortion. The relief shall include money damages for all
6injuries, psychological and physical, occasioned by the
7violation of this Act and statutory damages equal to 3 times
8the cost of the partial-birth abortion.
9 Section 2-20. Prosecution of woman prohibited. A woman on
10whom a partial-birth abortion is performed may not be
11prosecuted under this Act, for a conspiracy to violate this
12Act, or for an offense under Article 31 of the Criminal Code of
131961 or Criminal Code of 2012 based on a violation of this Act,
14nor may she be held accountable under Article 5 of the Criminal
15Code of 1961 or Criminal Code of 2012 for an offense based on a
16violation of this Act.
17
Article 3.
18 Section 3-1. Short title. This Article may be cited as the
19Abortion Performance Refusal Act of 2023. References in this
20Article to "this Act" mean this Article.
21 Section 3-5. Recommendation, performance, or assistance in
22performance of abortion not required.

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1 (a) No physician, nurse or other person who refuses to
2recommend, perform, or assist in the performance of an
3abortion, whether such abortion is a crime, shall be liable to
4any person for damages allegedly arising from such refusal.
5 (b) No hospital that refuses to permit the performance of
6an abortion upon its premises, whether such abortion is a
7crime, shall be liable to any person for damages allegedly
8arising from such refusal.
9 (c) Any person, association, partnership, or corporation
10that discriminates against another person in any way,
11including, but not limited to, hiring, promotion, advancement,
12transfer, licensing, granting of hospital privileges, or staff
13appointments, because of that person's refusal to recommend,
14perform, or assist in the performance of an abortion, whether
15such abortion is a crime, shall be answerable in civil damages
16equal to 3 times the amount of proved damages, but in no case
17less than $2,000.
18 (d) The license of any hospital, doctor, nurse, or any
19other medical personnel shall not be revoked or suspended
20because of a refusal to permit, recommend, perform, or assist
21in the performance of an abortion.
22
Article 4.
23 Section 4-1. Short title. This Act may be cited as the
24Parental Notice of Abortion Act of 2023. References in this

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1Article to "this Act" mean this Article.
2 Section 4-5. Legislative findings and purpose. The General
3Assembly finds that notification of a family member as defined
4in this Act is in the best interest of an unemancipated minor,
5and the General Assembly's purpose in enacting this parental
6notice law is to further and protect the best interests of an
7unemancipated minor.
8 The medical, emotional, and psychological consequences of
9abortion are sometimes serious and long-lasting, and immature
10minors often lack the ability to make fully informed choices
11that consider both the immediate and long-range consequences.
12 Parental consultation is usually in the best interests of
13the minor and is desirable since the capacity to become
14pregnant and the capacity for mature judgment concerning the
15wisdom of an abortion are not necessarily related.
16 Section 4-10. Definitions. As used in this Act:
17 "Abortion" means the use of any instrument, medicine,
18drug, or any other substance or device to terminate the
19pregnancy of a woman known to be pregnant with an intention
20other than to increase the probability of a live birth, to
21preserve the life or health of a child after live birth, or to
22remove a dead fetus.
23 "Actual notice" means the giving of notice directly, in
24person, or by telephone.

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1 "Adult family member" means a person over 21 years of age
2who is the parent, grandparent, step-parent living in the
3household, or legal guardian.
4 "Constructive notice" means notice by certified mail to
5the last known address of the person entitled to notice with
6delivery deemed to have occurred 48 hours after the certified
7notice is mailed.
8 "Incompetent" means any person who has been adjudged as
9mentally ill or as a person with a developmental disability
10and who, because of mental illness or developmental
11disability, is not fully able to manage oneself and for whom a
12guardian of the person has been appointed under paragraph (1)
13of subsection (a) of Section 11a-3 of the Probate Act of 1975.
14 "Medical emergency" means a condition that, on the basis
15of the physician's good faith clinical judgment, so
16complicates the medical condition of a pregnant woman as to
17necessitate the immediate abortion of her pregnancy to avert
18her death or for which a delay will create serious risk of
19substantial and irreversible impairment of major bodily
20function.
21 "Minor" means any person under 18 years of age who is not
22or has not been married or who has not been emancipated under
23the Emancipation of Minors Act.
24 "Neglect" means the failure of an adult family member to
25supply a child with necessary food, clothing, shelter, or
26medical care when reasonably able to do so or the failure to

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1protect a child from conditions or actions that imminently and
2seriously endanger the child's physical or mental health when
3reasonably able to do so.
4 "Physical abuse" means any physical injury intentionally
5inflicted by an adult family member on a child.
6 "Physician" means any person licensed to practice medicine
7in all its branches under the Medical Practice Act of 1987.
8 "Sexual abuse" means any sexual conduct or sexual
9penetration as defined in Section 11-0.1 of the Criminal Code
10of 2012 that is prohibited by the criminal laws of the State
11and committed against a minor by an adult family member as
12defined in this Act.
13 Section 4-15. Notice to adult family member. No person
14shall knowingly perform an abortion upon a minor or upon an
15incompetent person unless the physician or his or her agent
16has given at least 48 hours actual notice to an adult family
17member of the pregnant minor or incompetent person of his or
18her intention to perform the abortion, unless that person or
19his or her agent has received a written statement by a
20referring physician certifying that the referring physician or
21his or her agent has given at least 48 hours notice to an adult
22family member of the pregnant minor or incompetent person. If
23actual notice is not possible after a reasonable effort, the
24physician or his or her agent must give 48 hours constructive
25notice.

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1 Section 4-20. Exceptions. Notice shall not be required
2under this Act if:
3 (1) the minor or incompetent person is accompanied by
4 a person entitled to notice;
5 (2) notice is waived in writing by a person who is
6 entitled to notice;
7 (3) the attending physician certifies in the patient's
8 medical record that a medical emergency exists and there
9 is insufficient time to provide the required notice;
10 (4) the minor declares in writing that she is a victim
11 of sexual abuse, neglect, or physical abuse by an adult
12 family member. The attending physician must certify in the
13 patient's medical record that he or she has received the
14 written declaration of abuse or neglect. Any notification
15 of public authorities of abuse that may be required under
16 other laws of this State need not be made by the person
17 performing the abortion until after the minor receives an
18 abortion that otherwise complies with the requirements of
19 this Act; or
20 (5) notice is waived under Section 4-25.
21 Section 4-25. Procedure for judicial waiver of notice.
22 (a) The requirements and procedures under this Section are
23available to minors and incompetent persons whether they are
24residents of this State.

HB2606- 23 -LRB103 26004 LNS 52358 b
1 (b) The minor or incompetent person may petition any
2circuit court for a waiver of the notice requirement and may
3participate in proceedings on her own behalf. The court shall
4appoint a guardian ad litem for her. Any guardian ad litem
5appointed under this Act shall act to maintain the
6confidentiality of the proceedings. The circuit court shall
7advise her that she has a right to court-appointed counsel and
8shall provide her with counsel upon her request.
9 (c) Court proceedings under this Section shall be
10confidential and shall ensure the anonymity of the minor or
11incompetent person. All court proceedings under this Section
12shall be sealed. The minor or incompetent person shall have
13the right to file her petition in the circuit court using a
14pseudonym or using solely her initials. All documents related
15to this petition shall be confidential and shall not be made
16available to the public.
17 These proceedings shall be given precedence over other
18pending matters to the extent necessary to ensure that the
19court reaches a decision promptly. The court shall rule and
20issue written findings of fact and conclusions of law within
2148 hours of the time that the petition is filed, except that
22the 48-hour limitation may be extended at the request of the
23minor or incompetent person. If the court fails to rule within
24the 48-hour period and an extension is not requested, then the
25petition shall be deemed to have been granted, and the notice
26requirement shall be waived.

HB2606- 24 -LRB103 26004 LNS 52358 b
1 (d) Notice shall be waived if the court finds by a
2preponderance of the evidence either:
3 (1) that the minor or incompetent person is
4 sufficiently mature and well enough informed to decide
5 intelligently whether to have an abortion; or
6 (2) that notification under Section 4-15 would not be
7 in the best interests of the minor or incompetent person.
8 (e) A court that conducts proceedings under this Section
9shall issue written and specific factual findings and legal
10conclusions supporting its decision and shall order that a
11confidential record of the evidence and the judge's findings
12and conditions be maintained.
13 (f) An expedited confidential appeal shall be available,
14as the Supreme Court provides by rule, to any minor or
15incompetent person to whom the circuit court denies a waiver
16of notice. An order authorizing an abortion without notice
17shall not be subject to appeal.
18 (g) The Supreme Court is respectfully requested to adopt
19any rules necessary to ensure that proceedings under this Act
20are handled in an expeditious and confidential manner.
21 (h) No fees shall be required of any minor or incompetent
22person who avails herself of the procedures provided by this
23Section.
24 Section 4-30. Minor's consent to abortion. A person may
25not perform an abortion on a minor without the minor's

HB2606- 25 -LRB103 26004 LNS 52358 b
1consent, except in a medical emergency.
2 Section 4-35. Reports. The Department of Public Health
3shall comply with the reporting requirements set forth in the
4consent decree in Herbst v. O'Malley, case no. 84-C-5602 in
5the U.S. District Court for the Northern District of Illinois,
6Eastern Division.
7 Section 4-40. Penalties.
8 (a) Any physician who willfully fails to provide notice as
9required under this Act before performing an abortion on a
10minor or an incompetent person shall be referred to the
11Illinois State Medical Board for action in accordance with
12Section 22 of the Medical Practice Act of 1987.
13 (b) Any person, not authorized under this Act, who signs
14any waiver of notice for a minor or incompetent person seeking
15an abortion, is guilty of a Class C misdemeanor.
16 Section 4-45. Immunity. Any physician who, in good faith,
17provides notice in accordance with Section 4-15 or relies on
18an exception under Section 4-20 shall not be subject to any
19type of civil or criminal liability or discipline for
20unprofessional conduct for failure to give required notice.
21 Section 4-50. Severability and inseverability. If any
22provision of this Act or its application to any person or

HB2606- 26 -LRB103 26004 LNS 52358 b
1circumstance is held invalid, the invalidity of that provision
2or application does not affect other provisions or
3applications of the Act that can be given effect without the
4invalid provision or application, except that Section 4-25 is
5inseverable to the extent that if all or any substantial and
6material part of Section 4-25 is held invalid, then the entire
7Act is invalid.
8
Article 5.
9 Section 5-5. The Freedom of Information Act is amended by
10changing Section 7.5 as follows:
11 (5 ILCS 140/7.5)
12 Sec. 7.5. Statutory exemptions. To the extent provided for
13by the statutes referenced below, the following shall be
14exempt from inspection and copying:
15 (a) All information determined to be confidential
16 under Section 4002 of the Technology Advancement and
17 Development Act.
18 (b) Library circulation and order records identifying
19 library users with specific materials under the Library
20 Records Confidentiality Act.
21 (c) Applications, related documents, and medical
22 records received by the Experimental Organ Transplantation
23 Procedures Board and any and all documents or other

HB2606- 27 -LRB103 26004 LNS 52358 b
1 records prepared by the Experimental Organ Transplantation
2 Procedures Board or its staff relating to applications it
3 has received.
4 (d) Information and records held by the Department of
5 Public Health and its authorized representatives relating
6 to known or suspected cases of sexually transmissible
7 disease or any information the disclosure of which is
8 restricted under the Illinois Sexually Transmissible
9 Disease Control Act.
10 (e) Information the disclosure of which is exempted
11 under Section 30 of the Radon Industry Licensing Act.
12 (f) Firm performance evaluations under Section 55 of
13 the Architectural, Engineering, and Land Surveying
14 Qualifications Based Selection Act.
15 (g) Information the disclosure of which is restricted
16 and exempted under Section 50 of the Illinois Prepaid
17 Tuition Act.
18 (h) Information the disclosure of which is exempted
19 under the State Officials and Employees Ethics Act, and
20 records of any lawfully created State or local inspector
21 general's office that would be exempt if created or
22 obtained by an Executive Inspector General's office under
23 that Act.
24 (i) Information contained in a local emergency energy
25 plan submitted to a municipality in accordance with a
26 local emergency energy plan ordinance that is adopted

HB2606- 28 -LRB103 26004 LNS 52358 b
1 under Section 11-21.5-5 of the Illinois Municipal Code.
2 (j) Information and data concerning the distribution
3 of surcharge moneys collected and remitted by carriers
4 under the Emergency Telephone System Act.
5 (k) Law enforcement officer identification information
6 or driver identification information compiled by a law
7 enforcement agency or the Department of Transportation
8 under Section 11-212 of the Illinois Vehicle Code.
9 (l) Records and information provided to a residential
10 health care facility resident sexual assault and death
11 review team or the Executive Council under the Abuse
12 Prevention Review Team Act.
13 (m) Information provided to the predatory lending
14 database created pursuant to Article 3 of the Residential
15 Real Property Disclosure Act, except to the extent
16 authorized under that Article.
17 (n) Defense budgets and petitions for certification of
18 compensation and expenses for court appointed trial
19 counsel as provided under Sections 10 and 15 of the
20 Capital Crimes Litigation Act. This subsection (n) shall
21 apply until the conclusion of the trial of the case, even
22 if the prosecution chooses not to pursue the death penalty
23 prior to trial or sentencing.
24 (o) Information that is prohibited from being
25 disclosed under Section 4 of the Illinois Health and
26 Hazardous Substances Registry Act.

HB2606- 29 -LRB103 26004 LNS 52358 b
1 (p) Security portions of system safety program plans,
2 investigation reports, surveys, schedules, lists, data, or
3 information compiled, collected, or prepared by or for the
4 Department of Transportation under Sections 2705-300 and
5 2705-616 of the Department of Transportation Law of the
6 Civil Administrative Code of Illinois, the Regional
7 Transportation Authority under Section 2.11 of the
8 Regional Transportation Authority Act, or the St. Clair
9 County Transit District under the Bi-State Transit Safety
10 Act.
11 (q) Information prohibited from being disclosed by the
12 Personnel Record Review Act.
13 (r) Information prohibited from being disclosed by the
14 Illinois School Student Records Act.
15 (s) Information the disclosure of which is restricted
16 under Section 5-108 of the Public Utilities Act.
17 (t) All identified or deidentified health information
18 in the form of health data or medical records contained
19 in, stored in, submitted to, transferred by, or released
20 from the Illinois Health Information Exchange, and
21 identified or deidentified health information in the form
22 of health data and medical records of the Illinois Health
23 Information Exchange in the possession of the Illinois
24 Health Information Exchange Office due to its
25 administration of the Illinois Health Information
26 Exchange. The terms "identified" and "deidentified" shall

HB2606- 30 -LRB103 26004 LNS 52358 b
1 be given the same meaning as in the Health Insurance
2 Portability and Accountability Act of 1996, Public Law
3 104-191, or any subsequent amendments thereto, and any
4 regulations promulgated thereunder.
5 (u) Records and information provided to an independent
6 team of experts under the Developmental Disability and
7 Mental Health Safety Act (also known as Brian's Law).
8 (v) Names and information of people who have applied
9 for or received Firearm Owner's Identification Cards under
10 the Firearm Owners Identification Card Act or applied for
11 or received a concealed carry license under the Firearm
12 Concealed Carry Act, unless otherwise authorized by the
13 Firearm Concealed Carry Act; and databases under the
14 Firearm Concealed Carry Act, records of the Concealed
15 Carry Licensing Review Board under the Firearm Concealed
16 Carry Act, and law enforcement agency objections under the
17 Firearm Concealed Carry Act.
18 (v-5) Records of the Firearm Owner's Identification
19 Card Review Board that are exempted from disclosure under
20 Section 10 of the Firearm Owners Identification Card Act.
21 (w) Personally identifiable information which is
22 exempted from disclosure under subsection (g) of Section
23 19.1 of the Toll Highway Act.
24 (x) Information which is exempted from disclosure
25 under Section 5-1014.3 of the Counties Code or Section
26 8-11-21 of the Illinois Municipal Code.

HB2606- 31 -LRB103 26004 LNS 52358 b
1 (y) Confidential information under the Adult
2 Protective Services Act and its predecessor enabling
3 statute, the Elder Abuse and Neglect Act, including
4 information about the identity and administrative finding
5 against any caregiver of a verified and substantiated
6 decision of abuse, neglect, or financial exploitation of
7 an eligible adult maintained in the Registry established
8 under Section 7.5 of the Adult Protective Services Act.
9 (z) Records and information provided to a fatality
10 review team or the Illinois Fatality Review Team Advisory
11 Council under Section 15 of the Adult Protective Services
12 Act.
13 (aa) Information which is exempted from disclosure
14 under Section 2.37 of the Wildlife Code.
15 (bb) Information which is or was prohibited from
16 disclosure by the Juvenile Court Act of 1987.
17 (cc) Recordings made under the Law Enforcement
18 Officer-Worn Body Camera Act, except to the extent
19 authorized under that Act.
20 (dd) Information that is prohibited from being
21 disclosed under Section 45 of the Condominium and Common
22 Interest Community Ombudsperson Act.
23 (ee) Information that is exempted from disclosure
24 under Section 30.1 of the Pharmacy Practice Act.
25 (ff) Information that is exempted from disclosure
26 under the Revised Uniform Unclaimed Property Act.

HB2606- 32 -LRB103 26004 LNS 52358 b
1 (gg) Information that is prohibited from being
2 disclosed under Section 7-603.5 of the Illinois Vehicle
3 Code.
4 (hh) Records that are exempt from disclosure under
5 Section 1A-16.7 of the Election Code.
6 (ii) Information which is exempted from disclosure
7 under Section 2505-800 of the Department of Revenue Law of
8 the Civil Administrative Code of Illinois.
9 (jj) Information and reports that are required to be
10 submitted to the Department of Labor by registering day
11 and temporary labor service agencies but are exempt from
12 disclosure under subsection (a-1) of Section 45 of the Day
13 and Temporary Labor Services Act.
14 (kk) Information prohibited from disclosure under the
15 Seizure and Forfeiture Reporting Act.
16 (ll) Information the disclosure of which is restricted
17 and exempted under Section 5-30.8 of the Illinois Public
18 Aid Code.
19 (mm) Records that are exempt from disclosure under
20 Section 4.2 of the Crime Victims Compensation Act.
21 (nn) Information that is exempt from disclosure under
22 Section 70 of the Higher Education Student Assistance Act.
23 (oo) Communications, notes, records, and reports
24 arising out of a peer support counseling session
25 prohibited from disclosure under the First Responders
26 Suicide Prevention Act.

HB2606- 33 -LRB103 26004 LNS 52358 b
1 (pp) Names and all identifying information relating to
2 an employee of an emergency services provider or law
3 enforcement agency under the First Responders Suicide
4 Prevention Act.
5 (qq) (Blank). Information and records held by the
6 Department of Public Health and its authorized
7 representatives collected under the Reproductive Health
8 Act.
9 (rr) Information that is exempt from disclosure under
10 the Cannabis Regulation and Tax Act.
11 (ss) Data reported by an employer to the Department of
12 Human Rights pursuant to Section 2-108 of the Illinois
13 Human Rights Act.
14 (tt) Recordings made under the Children's Advocacy
15 Center Act, except to the extent authorized under that
16 Act.
17 (uu) Information that is exempt from disclosure under
18 Section 50 of the Sexual Assault Evidence Submission Act.
19 (vv) Information that is exempt from disclosure under
20 subsections (f) and (j) of Section 5-36 of the Illinois
21 Public Aid Code.
22 (ww) Information that is exempt from disclosure under
23 Section 16.8 of the State Treasurer Act.
24 (xx) Information that is exempt from disclosure or
25 information that shall not be made public under the
26 Illinois Insurance Code.

HB2606- 34 -LRB103 26004 LNS 52358 b
1 (yy) Information prohibited from being disclosed under
2 the Illinois Educational Labor Relations Act.
3 (zz) Information prohibited from being disclosed under
4 the Illinois Public Labor Relations Act.
5 (aaa) Information prohibited from being disclosed
6 under Section 1-167 of the Illinois Pension Code.
7 (bbb) Information that is prohibited from disclosure
8 by the Illinois Police Training Act and the Illinois State
9 Police Act.
10 (ccc) Records exempt from disclosure under Section
11 2605-304 of the Illinois State Police Law of the Civil
12 Administrative Code of Illinois.
13 (ddd) Information prohibited from being disclosed
14 under Section 35 of the Address Confidentiality for
15 Victims of Domestic Violence, Sexual Assault, Human
16 Trafficking, or Stalking Act.
17 (eee) Information prohibited from being disclosed
18 under subsection (b) of Section 75 of the Domestic
19 Violence Fatality Review Act.
20 (fff) Images from cameras under the Expressway Camera
21 Act. This subsection (fff) is inoperative on and after
22 July 1, 2023.
23 (ggg) Information prohibited from disclosure under
24 paragraph (3) of subsection (a) of Section 14 of the Nurse
25 Agency Licensing Act.
26 (hhh) Information submitted to the Department of State

HB2606- 35 -LRB103 26004 LNS 52358 b
1 Police in an affidavit or application for an assault
2 weapon endorsement, assault weapon attachment endorsement,
3 .50 caliber rifle endorsement, or .50 caliber cartridge
4 endorsement under the Firearm Owners Identification Card
5 Act.
6(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
7101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
81-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
9eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
10101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
111-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
12eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
13102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
147-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
15 Section 5-10. The State Employees Group Insurance Act of
161971 is amended by changing Section 6.11 as follows:
17 (5 ILCS 375/6.11)
18 (Text of Section before amendment by P.A. 102-768)
19 Sec. 6.11. Required health benefits; Illinois Insurance
20Code requirements. The program of health benefits shall
21provide the post-mastectomy care benefits required to be
22covered by a policy of accident and health insurance under
23Section 356t of the Illinois Insurance Code. The program of
24health benefits shall provide the coverage required under

HB2606- 36 -LRB103 26004 LNS 52358 b
1Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
2356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
3356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
4356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
5356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
6356z.53, 356z.54, 356z.56, 356z.57, and 356z.59, and 356z.60
7of the Illinois Insurance Code. The program of health benefits
8must comply with Sections 155.22a, 155.37, 355b, 356z.19,
9370c, and 370c.1 and Article XXXIIB of the Illinois Insurance
10Code. The Department of Insurance shall enforce the
11requirements of this Section with respect to Sections 370c and
12370c.1 of the Illinois Insurance Code; all other requirements
13of this Section shall be enforced by the Department of Central
14Management Services.
15 Rulemaking authority to implement Public Act 95-1045, if
16any, is conditioned on the rules being adopted in accordance
17with all provisions of the Illinois Administrative Procedure
18Act and all rules and procedures of the Joint Committee on
19Administrative Rules; any purported rule not so adopted, for
20whatever reason, is unauthorized.
21(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
22101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
231-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
24eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
25102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
261-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,

HB2606- 37 -LRB103 26004 LNS 52358 b
1eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
2revised 12-13-22.)
3 (Text of Section after amendment by P.A. 102-768)
4 Sec. 6.11. Required health benefits; Illinois Insurance
5Code requirements. The program of health benefits shall
6provide the post-mastectomy care benefits required to be
7covered by a policy of accident and health insurance under
8Section 356t of the Illinois Insurance Code. The program of
9health benefits shall provide the coverage required under
10Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
11356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
12356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
13356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
14356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
15356z.53, 356z.54, 356z.55, 356z.56, 356z.57, and 356z.59, and
16356z.60 of the Illinois Insurance Code. The program of health
17benefits must comply with Sections 155.22a, 155.37, 355b,
18356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
19Insurance Code. The Department of Insurance shall enforce the
20requirements of this Section with respect to Sections 370c and
21370c.1 of the Illinois Insurance Code; all other requirements
22of this Section shall be enforced by the Department of Central
23Management Services.
24 Rulemaking authority to implement Public Act 95-1045, if
25any, is conditioned on the rules being adopted in accordance

HB2606- 38 -LRB103 26004 LNS 52358 b
1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
6101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
71-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
8eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
9102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
101-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813,
11eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23;
12102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
13 Section 5-15. The Children and Family Services Act is
14amended by changing Section 5 as follows:
15 (20 ILCS 505/5) (from Ch. 23, par. 5005)
16 Sec. 5. Direct child welfare services; Department of
17Children and Family Services. To provide direct child welfare
18services when not available through other public or private
19child care or program facilities.
20 (a) For purposes of this Section:
21 (1) "Children" means persons found within the State
22 who are under the age of 18 years. The term also includes
23 persons under age 21 who:
24 (A) were committed to the Department pursuant to

HB2606- 39 -LRB103 26004 LNS 52358 b
1 the Juvenile Court Act or the Juvenile Court Act of
2 1987 and who continue under the jurisdiction of the
3 court; or
4 (B) were accepted for care, service and training
5 by the Department prior to the age of 18 and whose best
6 interest in the discretion of the Department would be
7 served by continuing that care, service and training
8 because of severe emotional disturbances, physical
9 disability, social adjustment or any combination
10 thereof, or because of the need to complete an
11 educational or vocational training program.
12 (2) "Homeless youth" means persons found within the
13 State who are under the age of 19, are not in a safe and
14 stable living situation and cannot be reunited with their
15 families.
16 (3) "Child welfare services" means public social
17 services which are directed toward the accomplishment of
18 the following purposes:
19 (A) protecting and promoting the health, safety
20 and welfare of children, including homeless,
21 dependent, or neglected children;
22 (B) remedying, or assisting in the solution of
23 problems which may result in, the neglect, abuse,
24 exploitation, or delinquency of children;
25 (C) preventing the unnecessary separation of
26 children from their families by identifying family

HB2606- 40 -LRB103 26004 LNS 52358 b
1 problems, assisting families in resolving their
2 problems, and preventing the breakup of the family
3 where the prevention of child removal is desirable and
4 possible when the child can be cared for at home
5 without endangering the child's health and safety;
6 (D) restoring to their families children who have
7 been removed, by the provision of services to the
8 child and the families when the child can be cared for
9 at home without endangering the child's health and
10 safety;
11 (E) placing children in suitable adoptive homes,
12 in cases where restoration to the biological family is
13 not safe, possible, or appropriate;
14 (F) assuring safe and adequate care of children
15 away from their homes, in cases where the child cannot
16 be returned home or cannot be placed for adoption. At
17 the time of placement, the Department shall consider
18 concurrent planning, as described in subsection (l-1)
19 of this Section so that permanency may occur at the
20 earliest opportunity. Consideration should be given so
21 that if reunification fails or is delayed, the
22 placement made is the best available placement to
23 provide permanency for the child;
24 (G) (blank);
25 (H) (blank); and
26 (I) placing and maintaining children in facilities

HB2606- 41 -LRB103 26004 LNS 52358 b
1 that provide separate living quarters for children
2 under the age of 18 and for children 18 years of age
3 and older, unless a child 18 years of age is in the
4 last year of high school education or vocational
5 training, in an approved individual or group treatment
6 program, in a licensed shelter facility, or secure
7 child care facility. The Department is not required to
8 place or maintain children:
9 (i) who are in a foster home, or
10 (ii) who are persons with a developmental
11 disability, as defined in the Mental Health and
12 Developmental Disabilities Code, or
13 (iii) who are female children who are
14 pregnant, pregnant and parenting, or parenting, or
15 (iv) who are siblings, in facilities that
16 provide separate living quarters for children 18
17 years of age and older and for children under 18
18 years of age.
19 (b) Nothing in this Section shall be construed to
20authorize the expenditure of public funds for the purpose of
21performing abortions. (Blank).
22 (c) The Department shall establish and maintain
23tax-supported child welfare services and extend and seek to
24improve voluntary services throughout the State, to the end
25that services and care shall be available on an equal basis
26throughout the State to children requiring such services.

HB2606- 42 -LRB103 26004 LNS 52358 b
1 (d) The Director may authorize advance disbursements for
2any new program initiative to any agency contracting with the
3Department. As a prerequisite for an advance disbursement, the
4contractor must post a surety bond in the amount of the advance
5disbursement and have a purchase of service contract approved
6by the Department. The Department may pay up to 2 months
7operational expenses in advance. The amount of the advance
8disbursement shall be prorated over the life of the contract
9or the remaining months of the fiscal year, whichever is less,
10and the installment amount shall then be deducted from future
11bills. Advance disbursement authorizations for new initiatives
12shall not be made to any agency after that agency has operated
13during 2 consecutive fiscal years. The requirements of this
14Section concerning advance disbursements shall not apply with
15respect to the following: payments to local public agencies
16for child day care services as authorized by Section 5a of this
17Act; and youth service programs receiving grant funds under
18Section 17a-4.
19 (e) (Blank).
20 (f) (Blank).
21 (g) The Department shall establish rules and regulations
22concerning its operation of programs designed to meet the
23goals of child safety and protection, family preservation,
24family reunification, and adoption, including, but not limited
25to:
26 (1) adoption;

HB2606- 43 -LRB103 26004 LNS 52358 b
1 (2) foster care;
2 (3) family counseling;
3 (4) protective services;
4 (5) (blank);
5 (6) homemaker service;
6 (7) return of runaway children;
7 (8) (blank);
8 (9) placement under Section 5-7 of the Juvenile Court
9 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
10 Court Act of 1987 in accordance with the federal Adoption
11 Assistance and Child Welfare Act of 1980; and
12 (10) interstate services.
13 Rules and regulations established by the Department shall
14include provisions for training Department staff and the staff
15of Department grantees, through contracts with other agencies
16or resources, in screening techniques to identify substance
17use disorders, as defined in the Substance Use Disorder Act,
18approved by the Department of Human Services, as a successor
19to the Department of Alcoholism and Substance Abuse, for the
20purpose of identifying children and adults who should be
21referred for an assessment at an organization appropriately
22licensed by the Department of Human Services for substance use
23disorder treatment.
24 (h) If the Department finds that there is no appropriate
25program or facility within or available to the Department for
26a youth in care and that no licensed private facility has an

HB2606- 44 -LRB103 26004 LNS 52358 b
1adequate and appropriate program or none agrees to accept the
2youth in care, the Department shall create an appropriate
3individualized, program-oriented plan for such youth in care.
4The plan may be developed within the Department or through
5purchase of services by the Department to the extent that it is
6within its statutory authority to do.
7 (i) Service programs shall be available throughout the
8State and shall include but not be limited to the following
9services:
10 (1) case management;
11 (2) homemakers;
12 (3) counseling;
13 (4) parent education;
14 (5) day care; and
15 (6) emergency assistance and advocacy.
16 In addition, the following services may be made available
17to assess and meet the needs of children and families:
18 (1) comprehensive family-based services;
19 (2) assessments;
20 (3) respite care; and
21 (4) in-home health services.
22 The Department shall provide transportation for any of the
23services it makes available to children or families or for
24which it refers children or families.
25 (j) The Department may provide categories of financial
26assistance and education assistance grants, and shall

HB2606- 45 -LRB103 26004 LNS 52358 b
1establish rules and regulations concerning the assistance and
2grants, to persons who adopt children with physical or mental
3disabilities, children who are older, or other hard-to-place
4children who (i) immediately prior to their adoption were
5youth in care or (ii) were determined eligible for financial
6assistance with respect to a prior adoption and who become
7available for adoption because the prior adoption has been
8dissolved and the parental rights of the adoptive parents have
9been terminated or because the child's adoptive parents have
10died. The Department may continue to provide financial
11assistance and education assistance grants for a child who was
12determined eligible for financial assistance under this
13subsection (j) in the interim period beginning when the
14child's adoptive parents died and ending with the finalization
15of the new adoption of the child by another adoptive parent or
16parents. The Department may also provide categories of
17financial assistance and education assistance grants, and
18shall establish rules and regulations for the assistance and
19grants, to persons appointed guardian of the person under
20Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
214-25, or 5-740 of the Juvenile Court Act of 1987 for children
22who were youth in care for 12 months immediately prior to the
23appointment of the guardian.
24 The amount of assistance may vary, depending upon the
25needs of the child and the adoptive parents, as set forth in
26the annual assistance agreement. Special purpose grants are

HB2606- 46 -LRB103 26004 LNS 52358 b
1allowed where the child requires special service but such
2costs may not exceed the amounts which similar services would
3cost the Department if it were to provide or secure them as
4guardian of the child.
5 Any financial assistance provided under this subsection is
6inalienable by assignment, sale, execution, attachment,
7garnishment, or any other remedy for recovery or collection of
8a judgment or debt.
9 (j-5) The Department shall not deny or delay the placement
10of a child for adoption if an approved family is available
11either outside of the Department region handling the case, or
12outside of the State of Illinois.
13 (k) The Department shall accept for care and training any
14child who has been adjudicated neglected or abused, or
15dependent committed to it pursuant to the Juvenile Court Act
16or the Juvenile Court Act of 1987.
17 (l) The Department shall offer family preservation
18services, as defined in Section 8.2 of the Abused and
19Neglected Child Reporting Act, to help families, including
20adoptive and extended families. Family preservation services
21shall be offered (i) to prevent the placement of children in
22substitute care when the children can be cared for at home or
23in the custody of the person responsible for the children's
24welfare, (ii) to reunite children with their families, or
25(iii) to maintain an adoptive placement. Family preservation
26services shall only be offered when doing so will not endanger

HB2606- 47 -LRB103 26004 LNS 52358 b
1the children's health or safety. With respect to children who
2are in substitute care pursuant to the Juvenile Court Act of
31987, family preservation services shall not be offered if a
4goal other than those of subdivisions (A), (B), or (B-1) of
5subsection (2) of Section 2-28 of that Act has been set, except
6that reunification services may be offered as provided in
7paragraph (F) of subsection (2) of Section 2-28 of that Act.
8Nothing in this paragraph shall be construed to create a
9private right of action or claim on the part of any individual
10or child welfare agency, except that when a child is the
11subject of an action under Article II of the Juvenile Court Act
12of 1987 and the child's service plan calls for services to
13facilitate achievement of the permanency goal, the court
14hearing the action under Article II of the Juvenile Court Act
15of 1987 may order the Department to provide the services set
16out in the plan, if those services are not provided with
17reasonable promptness and if those services are available.
18 The Department shall notify the child and his family of
19the Department's responsibility to offer and provide family
20preservation services as identified in the service plan. The
21child and his family shall be eligible for services as soon as
22the report is determined to be "indicated". The Department may
23offer services to any child or family with respect to whom a
24report of suspected child abuse or neglect has been filed,
25prior to concluding its investigation under Section 7.12 of
26the Abused and Neglected Child Reporting Act. However, the

HB2606- 48 -LRB103 26004 LNS 52358 b
1child's or family's willingness to accept services shall not
2be considered in the investigation. The Department may also
3provide services to any child or family who is the subject of
4any report of suspected child abuse or neglect or may refer
5such child or family to services available from other agencies
6in the community, even if the report is determined to be
7unfounded, if the conditions in the child's or family's home
8are reasonably likely to subject the child or family to future
9reports of suspected child abuse or neglect. Acceptance of
10such services shall be voluntary. The Department may also
11provide services to any child or family after completion of a
12family assessment, as an alternative to an investigation, as
13provided under the "differential response program" provided
14for in subsection (a-5) of Section 7.4 of the Abused and
15Neglected Child Reporting Act.
16 The Department may, at its discretion except for those
17children also adjudicated neglected or dependent, accept for
18care and training any child who has been adjudicated addicted,
19as a truant minor in need of supervision or as a minor
20requiring authoritative intervention, under the Juvenile Court
21Act or the Juvenile Court Act of 1987, but no such child shall
22be committed to the Department by any court without the
23approval of the Department. On and after January 1, 2015 (the
24effective date of Public Act 98-803) and before January 1,
252017, a minor charged with a criminal offense under the
26Criminal Code of 1961 or the Criminal Code of 2012 or

HB2606- 49 -LRB103 26004 LNS 52358 b
1adjudicated delinquent shall not be placed in the custody of
2or committed to the Department by any court, except (i) a minor
3less than 16 years of age committed to the Department under
4Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
5for whom an independent basis of abuse, neglect, or dependency
6exists, which must be defined by departmental rule, or (iii) a
7minor for whom the court has granted a supplemental petition
8to reinstate wardship pursuant to subsection (2) of Section
92-33 of the Juvenile Court Act of 1987. On and after January 1,
102017, a minor charged with a criminal offense under the
11Criminal Code of 1961 or the Criminal Code of 2012 or
12adjudicated delinquent shall not be placed in the custody of
13or committed to the Department by any court, except (i) a minor
14less than 15 years of age committed to the Department under
15Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
16for whom an independent basis of abuse, neglect, or dependency
17exists, which must be defined by departmental rule, or (iii) a
18minor for whom the court has granted a supplemental petition
19to reinstate wardship pursuant to subsection (2) of Section
202-33 of the Juvenile Court Act of 1987. An independent basis
21exists when the allegations or adjudication of abuse, neglect,
22or dependency do not arise from the same facts, incident, or
23circumstances which give rise to a charge or adjudication of
24delinquency. The Department shall assign a caseworker to
25attend any hearing involving a youth in the care and custody of
26the Department who is placed on aftercare release, including

HB2606- 50 -LRB103 26004 LNS 52358 b
1hearings involving sanctions for violation of aftercare
2release conditions and aftercare release revocation hearings.
3 As soon as is possible after August 7, 2009 (the effective
4date of Public Act 96-134), the Department shall develop and
5implement a special program of family preservation services to
6support intact, foster, and adoptive families who are
7experiencing extreme hardships due to the difficulty and
8stress of caring for a child who has been diagnosed with a
9pervasive developmental disorder if the Department determines
10that those services are necessary to ensure the health and
11safety of the child. The Department may offer services to any
12family whether or not a report has been filed under the Abused
13and Neglected Child Reporting Act. The Department may refer
14the child or family to services available from other agencies
15in the community if the conditions in the child's or family's
16home are reasonably likely to subject the child or family to
17future reports of suspected child abuse or neglect. Acceptance
18of these services shall be voluntary. The Department shall
19develop and implement a public information campaign to alert
20health and social service providers and the general public
21about these special family preservation services. The nature
22and scope of the services offered and the number of families
23served under the special program implemented under this
24paragraph shall be determined by the level of funding that the
25Department annually allocates for this purpose. The term
26"pervasive developmental disorder" under this paragraph means

HB2606- 51 -LRB103 26004 LNS 52358 b
1a neurological condition, including, but not limited to,
2Asperger's Syndrome and autism, as defined in the most recent
3edition of the Diagnostic and Statistical Manual of Mental
4Disorders of the American Psychiatric Association.
5 (l-1) The legislature recognizes that the best interests
6of the child require that the child be placed in the most
7permanent living arrangement as soon as is practically
8possible. To achieve this goal, the legislature directs the
9Department of Children and Family Services to conduct
10concurrent planning so that permanency may occur at the
11earliest opportunity. Permanent living arrangements may
12include prevention of placement of a child outside the home of
13the family when the child can be cared for at home without
14endangering the child's health or safety; reunification with
15the family, when safe and appropriate, if temporary placement
16is necessary; or movement of the child toward the most
17permanent living arrangement and permanent legal status.
18 When determining reasonable efforts to be made with
19respect to a child, as described in this subsection, and in
20making such reasonable efforts, the child's health and safety
21shall be the paramount concern.
22 When a child is placed in foster care, the Department
23shall ensure and document that reasonable efforts were made to
24prevent or eliminate the need to remove the child from the
25child's home. The Department must make reasonable efforts to
26reunify the family when temporary placement of the child

HB2606- 52 -LRB103 26004 LNS 52358 b
1occurs unless otherwise required, pursuant to the Juvenile
2Court Act of 1987. At any time after the dispositional hearing
3where the Department believes that further reunification
4services would be ineffective, it may request a finding from
5the court that reasonable efforts are no longer appropriate.
6The Department is not required to provide further
7reunification services after such a finding.
8 A decision to place a child in substitute care shall be
9made with considerations of the child's health, safety, and
10best interests. At the time of placement, consideration should
11also be given so that if reunification fails or is delayed, the
12placement made is the best available placement to provide
13permanency for the child.
14 The Department shall adopt rules addressing concurrent
15planning for reunification and permanency. The Department
16shall consider the following factors when determining
17appropriateness of concurrent planning:
18 (1) the likelihood of prompt reunification;
19 (2) the past history of the family;
20 (3) the barriers to reunification being addressed by
21 the family;
22 (4) the level of cooperation of the family;
23 (5) the foster parents' willingness to work with the
24 family to reunite;
25 (6) the willingness and ability of the foster family
26 to provide an adoptive home or long-term placement;

HB2606- 53 -LRB103 26004 LNS 52358 b
1 (7) the age of the child;
2 (8) placement of siblings.
3 (m) The Department may assume temporary custody of any
4child if:
5 (1) it has received a written consent to such
6 temporary custody signed by the parents of the child or by
7 the parent having custody of the child if the parents are
8 not living together or by the guardian or custodian of the
9 child if the child is not in the custody of either parent,
10 or
11 (2) the child is found in the State and neither a
12 parent, guardian nor custodian of the child can be
13 located.
14If the child is found in his or her residence without a parent,
15guardian, custodian, or responsible caretaker, the Department
16may, instead of removing the child and assuming temporary
17custody, place an authorized representative of the Department
18in that residence until such time as a parent, guardian, or
19custodian enters the home and expresses a willingness and
20apparent ability to ensure the child's health and safety and
21resume permanent charge of the child, or until a relative
22enters the home and is willing and able to ensure the child's
23health and safety and assume charge of the child until a
24parent, guardian, or custodian enters the home and expresses
25such willingness and ability to ensure the child's safety and
26resume permanent charge. After a caretaker has remained in the

HB2606- 54 -LRB103 26004 LNS 52358 b
1home for a period not to exceed 12 hours, the Department must
2follow those procedures outlined in Section 2-9, 3-11, 4-8, or
35-415 of the Juvenile Court Act of 1987.
4 The Department shall have the authority, responsibilities
5and duties that a legal custodian of the child would have
6pursuant to subsection (9) of Section 1-3 of the Juvenile
7Court Act of 1987. Whenever a child is taken into temporary
8custody pursuant to an investigation under the Abused and
9Neglected Child Reporting Act, or pursuant to a referral and
10acceptance under the Juvenile Court Act of 1987 of a minor in
11limited custody, the Department, during the period of
12temporary custody and before the child is brought before a
13judicial officer as required by Section 2-9, 3-11, 4-8, or
145-415 of the Juvenile Court Act of 1987, shall have the
15authority, responsibilities and duties that a legal custodian
16of the child would have under subsection (9) of Section 1-3 of
17the Juvenile Court Act of 1987.
18 The Department shall ensure that any child taken into
19custody is scheduled for an appointment for a medical
20examination.
21 A parent, guardian, or custodian of a child in the
22temporary custody of the Department who would have custody of
23the child if he were not in the temporary custody of the
24Department may deliver to the Department a signed request that
25the Department surrender the temporary custody of the child.
26The Department may retain temporary custody of the child for

HB2606- 55 -LRB103 26004 LNS 52358 b
110 days after the receipt of the request, during which period
2the Department may cause to be filed a petition pursuant to the
3Juvenile Court Act of 1987. If a petition is so filed, the
4Department shall retain temporary custody of the child until
5the court orders otherwise. If a petition is not filed within
6the 10-day period, the child shall be surrendered to the
7custody of the requesting parent, guardian, or custodian not
8later than the expiration of the 10-day period, at which time
9the authority and duties of the Department with respect to the
10temporary custody of the child shall terminate.
11 (m-1) The Department may place children under 18 years of
12age in a secure child care facility licensed by the Department
13that cares for children who are in need of secure living
14arrangements for their health, safety, and well-being after a
15determination is made by the facility director and the
16Director or the Director's designate prior to admission to the
17facility subject to Section 2-27.1 of the Juvenile Court Act
18of 1987. This subsection (m-1) does not apply to a child who is
19subject to placement in a correctional facility operated
20pursuant to Section 3-15-2 of the Unified Code of Corrections,
21unless the child is a youth in care who was placed in the care
22of the Department before being subject to placement in a
23correctional facility and a court of competent jurisdiction
24has ordered placement of the child in a secure care facility.
25 (n) The Department may place children under 18 years of
26age in licensed child care facilities when in the opinion of

HB2606- 56 -LRB103 26004 LNS 52358 b
1the Department, appropriate services aimed at family
2preservation have been unsuccessful and cannot ensure the
3child's health and safety or are unavailable and such
4placement would be for their best interest. Payment for board,
5clothing, care, training and supervision of any child placed
6in a licensed child care facility may be made by the
7Department, by the parents or guardians of the estates of
8those children, or by both the Department and the parents or
9guardians, except that no payments shall be made by the
10Department for any child placed in a licensed child care
11facility for board, clothing, care, training and supervision
12of such a child that exceed the average per capita cost of
13maintaining and of caring for a child in institutions for
14dependent or neglected children operated by the Department.
15However, such restriction on payments does not apply in cases
16where children require specialized care and treatment for
17problems of severe emotional disturbance, physical disability,
18social adjustment, or any combination thereof and suitable
19facilities for the placement of such children are not
20available at payment rates within the limitations set forth in
21this Section. All reimbursements for services delivered shall
22be absolutely inalienable by assignment, sale, attachment, or
23garnishment or otherwise.
24 (n-1) The Department shall provide or authorize child
25welfare services, aimed at assisting minors to achieve
26sustainable self-sufficiency as independent adults, for any

HB2606- 57 -LRB103 26004 LNS 52358 b
1minor eligible for the reinstatement of wardship pursuant to
2subsection (2) of Section 2-33 of the Juvenile Court Act of
31987, whether or not such reinstatement is sought or allowed,
4provided that the minor consents to such services and has not
5yet attained the age of 21. The Department shall have
6responsibility for the development and delivery of services
7under this Section. An eligible youth may access services
8under this Section through the Department of Children and
9Family Services or by referral from the Department of Human
10Services. Youth participating in services under this Section
11shall cooperate with the assigned case manager in developing
12an agreement identifying the services to be provided and how
13the youth will increase skills to achieve self-sufficiency. A
14homeless shelter is not considered appropriate housing for any
15youth receiving child welfare services under this Section. The
16Department shall continue child welfare services under this
17Section to any eligible minor until the minor becomes 21 years
18of age, no longer consents to participate, or achieves
19self-sufficiency as identified in the minor's service plan.
20The Department of Children and Family Services shall create
21clear, readable notice of the rights of former foster youth to
22child welfare services under this Section and how such
23services may be obtained. The Department of Children and
24Family Services and the Department of Human Services shall
25disseminate this information statewide. The Department shall
26adopt regulations describing services intended to assist

HB2606- 58 -LRB103 26004 LNS 52358 b
1minors in achieving sustainable self-sufficiency as
2independent adults.
3 (o) The Department shall establish an administrative
4review and appeal process for children and families who
5request or receive child welfare services from the Department.
6Youth in care who are placed by private child welfare
7agencies, and foster families with whom those youth are
8placed, shall be afforded the same procedural and appeal
9rights as children and families in the case of placement by the
10Department, including the right to an initial review of a
11private agency decision by that agency. The Department shall
12ensure that any private child welfare agency, which accepts
13youth in care for placement, affords those rights to children
14and foster families. The Department shall accept for
15administrative review and an appeal hearing a complaint made
16by (i) a child or foster family concerning a decision
17following an initial review by a private child welfare agency
18or (ii) a prospective adoptive parent who alleges a violation
19of subsection (j-5) of this Section. An appeal of a decision
20concerning a change in the placement of a child shall be
21conducted in an expedited manner. A court determination that a
22current foster home placement is necessary and appropriate
23under Section 2-28 of the Juvenile Court Act of 1987 does not
24constitute a judicial determination on the merits of an
25administrative appeal, filed by a former foster parent,
26involving a change of placement decision.

HB2606- 59 -LRB103 26004 LNS 52358 b
1 (p) (Blank).
2 (q) The Department may receive and use, in their entirety,
3for the benefit of children any gift, donation, or bequest of
4money or other property which is received on behalf of such
5children, or any financial benefits to which such children are
6or may become entitled while under the jurisdiction or care of
7the Department, except that the benefits described in Section
85.46 must be used and conserved consistent with the provisions
9under Section 5.46.
10 The Department shall set up and administer no-cost,
11interest-bearing accounts in appropriate financial
12institutions for children for whom the Department is legally
13responsible and who have been determined eligible for
14Veterans' Benefits, Social Security benefits, assistance
15allotments from the armed forces, court ordered payments,
16parental voluntary payments, Supplemental Security Income,
17Railroad Retirement payments, Black Lung benefits, or other
18miscellaneous payments. Interest earned by each account shall
19be credited to the account, unless disbursed in accordance
20with this subsection.
21 In disbursing funds from children's accounts, the
22Department shall:
23 (1) Establish standards in accordance with State and
24 federal laws for disbursing money from children's
25 accounts. In all circumstances, the Department's
26 "Guardianship Administrator" or his or her designee must

HB2606- 60 -LRB103 26004 LNS 52358 b
1 approve disbursements from children's accounts. The
2 Department shall be responsible for keeping complete
3 records of all disbursements for each account for any
4 purpose.
5 (2) Calculate on a monthly basis the amounts paid from
6 State funds for the child's board and care, medical care
7 not covered under Medicaid, and social services; and
8 utilize funds from the child's account, as covered by
9 regulation, to reimburse those costs. Monthly,
10 disbursements from all children's accounts, up to 1/12 of
11 $13,000,000, shall be deposited by the Department into the
12 General Revenue Fund and the balance over 1/12 of
13 $13,000,000 into the DCFS Children's Services Fund.
14 (3) Maintain any balance remaining after reimbursing
15 for the child's costs of care, as specified in item (2).
16 The balance shall accumulate in accordance with relevant
17 State and federal laws and shall be disbursed to the child
18 or his or her guardian, or to the issuing agency.
19 (r) The Department shall promulgate regulations
20encouraging all adoption agencies to voluntarily forward to
21the Department or its agent names and addresses of all persons
22who have applied for and have been approved for adoption of a
23hard-to-place child or child with a disability and the names
24of such children who have not been placed for adoption. A list
25of such names and addresses shall be maintained by the
26Department or its agent, and coded lists which maintain the

HB2606- 61 -LRB103 26004 LNS 52358 b
1confidentiality of the person seeking to adopt the child and
2of the child shall be made available, without charge, to every
3adoption agency in the State to assist the agencies in placing
4such children for adoption. The Department may delegate to an
5agent its duty to maintain and make available such lists. The
6Department shall ensure that such agent maintains the
7confidentiality of the person seeking to adopt the child and
8of the child.
9 (s) The Department of Children and Family Services may
10establish and implement a program to reimburse Department and
11private child welfare agency foster parents licensed by the
12Department of Children and Family Services for damages
13sustained by the foster parents as a result of the malicious or
14negligent acts of foster children, as well as providing third
15party coverage for such foster parents with regard to actions
16of foster children to other individuals. Such coverage will be
17secondary to the foster parent liability insurance policy, if
18applicable. The program shall be funded through appropriations
19from the General Revenue Fund, specifically designated for
20such purposes.
21 (t) The Department shall perform home studies and
22investigations and shall exercise supervision over visitation
23as ordered by a court pursuant to the Illinois Marriage and
24Dissolution of Marriage Act or the Adoption Act only if:
25 (1) an order entered by an Illinois court specifically
26 directs the Department to perform such services; and

HB2606- 62 -LRB103 26004 LNS 52358 b
1 (2) the court has ordered one or both of the parties to
2 the proceeding to reimburse the Department for its
3 reasonable costs for providing such services in accordance
4 with Department rules, or has determined that neither
5 party is financially able to pay.
6 The Department shall provide written notification to the
7court of the specific arrangements for supervised visitation
8and projected monthly costs within 60 days of the court order.
9The Department shall send to the court information related to
10the costs incurred except in cases where the court has
11determined the parties are financially unable to pay. The
12court may order additional periodic reports as appropriate.
13 (u) In addition to other information that must be
14provided, whenever the Department places a child with a
15prospective adoptive parent or parents, in a licensed foster
16home, group home, or child care institution, or in a relative
17home, the Department shall provide to the prospective adoptive
18parent or parents or other caretaker:
19 (1) available detailed information concerning the
20 child's educational and health history, copies of
21 immunization records (including insurance and medical card
22 information), a history of the child's previous
23 placements, if any, and reasons for placement changes
24 excluding any information that identifies or reveals the
25 location of any previous caretaker;
26 (2) a copy of the child's portion of the client

HB2606- 63 -LRB103 26004 LNS 52358 b
1 service plan, including any visitation arrangement, and
2 all amendments or revisions to it as related to the child;
3 and
4 (3) information containing details of the child's
5 individualized educational plan when the child is
6 receiving special education services.
7 The caretaker shall be informed of any known social or
8behavioral information (including, but not limited to,
9criminal background, fire setting, perpetuation of sexual
10abuse, destructive behavior, and substance abuse) necessary to
11care for and safeguard the children to be placed or currently
12in the home. The Department may prepare a written summary of
13the information required by this paragraph, which may be
14provided to the foster or prospective adoptive parent in
15advance of a placement. The foster or prospective adoptive
16parent may review the supporting documents in the child's file
17in the presence of casework staff. In the case of an emergency
18placement, casework staff shall at least provide known
19information verbally, if necessary, and must subsequently
20provide the information in writing as required by this
21subsection.
22 The information described in this subsection shall be
23provided in writing. In the case of emergency placements when
24time does not allow prior review, preparation, and collection
25of written information, the Department shall provide such
26information as it becomes available. Within 10 business days

HB2606- 64 -LRB103 26004 LNS 52358 b
1after placement, the Department shall obtain from the
2prospective adoptive parent or parents or other caretaker a
3signed verification of receipt of the information provided.
4Within 10 business days after placement, the Department shall
5provide to the child's guardian ad litem a copy of the
6information provided to the prospective adoptive parent or
7parents or other caretaker. The information provided to the
8prospective adoptive parent or parents or other caretaker
9shall be reviewed and approved regarding accuracy at the
10supervisory level.
11 (u-5) Effective July 1, 1995, only foster care placements
12licensed as foster family homes pursuant to the Child Care Act
13of 1969 shall be eligible to receive foster care payments from
14the Department. Relative caregivers who, as of July 1, 1995,
15were approved pursuant to approved relative placement rules
16previously promulgated by the Department at 89 Ill. Adm. Code
17335 and had submitted an application for licensure as a foster
18family home may continue to receive foster care payments only
19until the Department determines that they may be licensed as a
20foster family home or that their application for licensure is
21denied or until September 30, 1995, whichever occurs first.
22 (v) The Department shall access criminal history record
23information as defined in the Illinois Uniform Conviction
24Information Act and information maintained in the adjudicatory
25and dispositional record system as defined in Section 2605-355
26of the Illinois State Police Law if the Department determines

HB2606- 65 -LRB103 26004 LNS 52358 b
1the information is necessary to perform its duties under the
2Abused and Neglected Child Reporting Act, the Child Care Act
3of 1969, and the Children and Family Services Act. The
4Department shall provide for interactive computerized
5communication and processing equipment that permits direct
6on-line communication with the Illinois State Police's central
7criminal history data repository. The Department shall comply
8with all certification requirements and provide certified
9operators who have been trained by personnel from the Illinois
10State Police. In addition, one Office of the Inspector General
11investigator shall have training in the use of the criminal
12history information access system and have access to the
13terminal. The Department of Children and Family Services and
14its employees shall abide by rules and regulations established
15by the Illinois State Police relating to the access and
16dissemination of this information.
17 (v-1) Prior to final approval for placement of a child,
18the Department shall conduct a criminal records background
19check of the prospective foster or adoptive parent, including
20fingerprint-based checks of national crime information
21databases. Final approval for placement shall not be granted
22if the record check reveals a felony conviction for child
23abuse or neglect, for spousal abuse, for a crime against
24children, or for a crime involving violence, including rape,
25sexual assault, or homicide, but not including other physical
26assault or battery, or if there is a felony conviction for

HB2606- 66 -LRB103 26004 LNS 52358 b
1physical assault, battery, or a drug-related offense committed
2within the past 5 years.
3 (v-2) Prior to final approval for placement of a child,
4the Department shall check its child abuse and neglect
5registry for information concerning prospective foster and
6adoptive parents, and any adult living in the home. If any
7prospective foster or adoptive parent or other adult living in
8the home has resided in another state in the preceding 5 years,
9the Department shall request a check of that other state's
10child abuse and neglect registry.
11 (w) Within 120 days of August 20, 1995 (the effective date
12of Public Act 89-392), the Department shall prepare and submit
13to the Governor and the General Assembly, a written plan for
14the development of in-state licensed secure child care
15facilities that care for children who are in need of secure
16living arrangements for their health, safety, and well-being.
17For purposes of this subsection, secure care facility shall
18mean a facility that is designed and operated to ensure that
19all entrances and exits from the facility, a building or a
20distinct part of the building, are under the exclusive control
21of the staff of the facility, whether or not the child has the
22freedom of movement within the perimeter of the facility,
23building, or distinct part of the building. The plan shall
24include descriptions of the types of facilities that are
25needed in Illinois; the cost of developing these secure care
26facilities; the estimated number of placements; the potential

HB2606- 67 -LRB103 26004 LNS 52358 b
1cost savings resulting from the movement of children currently
2out-of-state who are projected to be returned to Illinois; the
3necessary geographic distribution of these facilities in
4Illinois; and a proposed timetable for development of such
5facilities.
6 (x) The Department shall conduct annual credit history
7checks to determine the financial history of children placed
8under its guardianship pursuant to the Juvenile Court Act of
91987. The Department shall conduct such credit checks starting
10when a youth in care turns 12 years old and each year
11thereafter for the duration of the guardianship as terminated
12pursuant to the Juvenile Court Act of 1987. The Department
13shall determine if financial exploitation of the child's
14personal information has occurred. If financial exploitation
15appears to have taken place or is presently ongoing, the
16Department shall notify the proper law enforcement agency, the
17proper State's Attorney, or the Attorney General.
18 (y) Beginning on July 22, 2010 (the effective date of
19Public Act 96-1189), a child with a disability who receives
20residential and educational services from the Department shall
21be eligible to receive transition services in accordance with
22Article 14 of the School Code from the age of 14.5 through age
2321, inclusive, notwithstanding the child's residential
24services arrangement. For purposes of this subsection, "child
25with a disability" means a child with a disability as defined
26by the federal Individuals with Disabilities Education

HB2606- 68 -LRB103 26004 LNS 52358 b
1Improvement Act of 2004.
2 (z) The Department shall access criminal history record
3information as defined as "background information" in this
4subsection and criminal history record information as defined
5in the Illinois Uniform Conviction Information Act for each
6Department employee or Department applicant. Each Department
7employee or Department applicant shall submit his or her
8fingerprints to the Illinois State Police in the form and
9manner prescribed by the Illinois State Police. These
10fingerprints shall be checked against the fingerprint records
11now and hereafter filed in the Illinois State Police and the
12Federal Bureau of Investigation criminal history records
13databases. The Illinois State Police shall charge a fee for
14conducting the criminal history record check, which shall be
15deposited into the State Police Services Fund and shall not
16exceed the actual cost of the record check. The Illinois State
17Police shall furnish, pursuant to positive identification, all
18Illinois conviction information to the Department of Children
19and Family Services.
20 For purposes of this subsection:
21 "Background information" means all of the following:
22 (i) Upon the request of the Department of Children and
23 Family Services, conviction information obtained from the
24 Illinois State Police as a result of a fingerprint-based
25 criminal history records check of the Illinois criminal
26 history records database and the Federal Bureau of

HB2606- 69 -LRB103 26004 LNS 52358 b
1 Investigation criminal history records database concerning
2 a Department employee or Department applicant.
3 (ii) Information obtained by the Department of
4 Children and Family Services after performing a check of
5 the Illinois State Police's Sex Offender Database, as
6 authorized by Section 120 of the Sex Offender Community
7 Notification Law, concerning a Department employee or
8 Department applicant.
9 (iii) Information obtained by the Department of
10 Children and Family Services after performing a check of
11 the Child Abuse and Neglect Tracking System (CANTS)
12 operated and maintained by the Department.
13 "Department employee" means a full-time or temporary
14employee coded or certified within the State of Illinois
15Personnel System.
16 "Department applicant" means an individual who has
17conditional Department full-time or part-time work, a
18contractor, an individual used to replace or supplement staff,
19an academic intern, a volunteer in Department offices or on
20Department contracts, a work-study student, an individual or
21entity licensed by the Department, or an unlicensed service
22provider who works as a condition of a contract or an agreement
23and whose work may bring the unlicensed service provider into
24contact with Department clients or client records.
25(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
26101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.

HB2606- 70 -LRB103 26004 LNS 52358 b
18-20-21; 102-1014, eff. 5-27-22.)
2 Section 5-20. The Criminal Identification Act is amended
3by changing Section 3.2 as follows:
4 (20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)
5 Sec. 3.2. (a) It is the duty of any person conducting or
6operating a medical facility, or any physician or nurse as
7soon as treatment permits to notify the local law enforcement
8agency of that jurisdiction upon the application for treatment
9of a person who is not accompanied by a law enforcement
10officer, when it reasonably appears that the person requesting
11treatment has received:
12 (1) any injury resulting from the discharge of a
13 firearm; or
14 (2) any injury sustained in the commission of or as a
15 victim of a criminal offense.
16 Any hospital, physician or nurse shall be forever held
17harmless from any civil liability for their reasonable
18compliance with the provisions of this Section.
19 (b) Notwithstanding subsection (a), nothing in this
20Section shall be construed to require the reporting of lawful
21health care activity, whether such activity may constitute a
22violation of another state's law.
23 (c) As used in this Section:
24 "Lawful health care" means:

HB2606- 71 -LRB103 26004 LNS 52358 b
1 (1) reproductive health care that is not unlawful
2 under the laws of this State, including on any theory of
3 vicarious, joint, several, or conspiracy liability; or
4 (2) the treatment of gender dysphoria or the
5 affirmation of an individual's gender identity or gender
6 expression, including but not limited to, all supplies,
7 care, and services of a medical, behavioral health, mental
8 health, surgical, psychiatric, therapeutic, diagnostic,
9 preventative, rehabilitative, or supportive nature that is
10 not unlawful under the laws of this State, including on
11 any theory of vicarious, joint, several, or conspiracy
12 liability.
13 "Lawful health care activity" means seeking, providing,
14receiving, assisting in seeking, providing, or receiving,
15providing material support for, or traveling to obtain lawful
16health care.
17(Source: P.A. 102-1117, eff. 1-13-23.)
18 Section 5-25. The Counties Code is amended by changing
19Sections 3-3013, 3-4006, and 5-1069.3 as follows:
20 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
21 (Text of Section before amendment by P.A. 102-982)
22 Sec. 3-3013. Preliminary investigations; blood and urine
23analysis; summoning jury; reports. Every coroner, whenever,
24as soon as he knows or is informed that the dead body of any

HB2606- 72 -LRB103 26004 LNS 52358 b
1person is found, or lying within his county, whose death is
2suspected of being:
3 (a) A sudden or violent death, whether apparently
4 suicidal, homicidal, or accidental, including, but not
5 limited to, deaths apparently caused or contributed to by
6 thermal, traumatic, chemical, electrical, or radiational
7 injury, or a complication of any of them, or by drowning or
8 suffocation, or as a result of domestic violence as
9 defined in the Illinois Domestic Violence Act of 1986;
10 (b) A maternal or fetal death due to abortion, or any
11 death due to a sex crime or a crime against nature;
12 (c) A death where the circumstances are suspicious,
13 obscure, mysterious, or otherwise unexplained or where, in
14 the written opinion of the attending physician, the cause
15 of death is not determined;
16 (d) A death where addiction to alcohol or to any drug
17 may have been a contributory cause; or
18 (e) A death where the decedent was not attended by a
19 licensed physician;
20shall go to the place where the dead body is, and take charge
21of the same and shall make a preliminary investigation into
22the circumstances of the death. In the case of death without
23attendance by a licensed physician, the body may be moved with
24the coroner's consent from the place of death to a mortuary in
25the same county. Coroners in their discretion shall notify
26such physician as is designated in accordance with Section

HB2606- 73 -LRB103 26004 LNS 52358 b
13-3014 to attempt to ascertain the cause of death, either by
2autopsy or otherwise.
3 In cases of accidental death involving a motor vehicle in
4which the decedent was (1) the operator or a suspected
5operator of a motor vehicle, or (2) a pedestrian 16 years of
6age or older, the coroner shall require that a blood specimen
7of at least 30 cc., and if medically possible a urine specimen
8of at least 30 cc. or as much as possible up to 30 cc., be
9withdrawn from the body of the decedent in a timely fashion
10after the accident causing his death, by such physician as has
11been designated in accordance with Section 3-3014, or by the
12coroner or deputy coroner or a qualified person designated by
13such physician, coroner, or deputy coroner. If the county does
14not maintain laboratory facilities for making such analysis,
15the blood and urine so drawn shall be sent to the Illinois
16State Police or any other accredited or State-certified
17laboratory for analysis of the alcohol, carbon monoxide, and
18dangerous or narcotic drug content of such blood and urine
19specimens. Each specimen submitted shall be accompanied by
20pertinent information concerning the decedent upon a form
21prescribed by such laboratory. Any person drawing blood and
22urine and any person making any examination of the blood and
23urine under the terms of this Division shall be immune from all
24liability, civil or criminal, that might otherwise be incurred
25or imposed.
26 In all other cases coming within the jurisdiction of the

HB2606- 74 -LRB103 26004 LNS 52358 b
1coroner and referred to in subparagraphs (a) through (e)
2above, blood, and, whenever possible, urine samples shall be
3analyzed for the presence of alcohol and other drugs. When the
4coroner suspects that drugs may have been involved in the
5death, either directly or indirectly, a toxicological
6examination shall be performed which may include analyses of
7blood, urine, bile, gastric contents, and other tissues. When
8the coroner suspects a death is due to toxic substances, other
9than drugs, the coroner shall consult with the toxicologist
10prior to collection of samples. Information submitted to the
11toxicologist shall include information as to height, weight,
12age, sex, and race of the decedent as well as medical history,
13medications used by, and the manner of death of the decedent.
14 When the coroner or medical examiner finds that the cause
15of death is due to homicidal means, the coroner or medical
16examiner shall cause blood and buccal specimens (tissue may be
17submitted if no uncontaminated blood or buccal specimen can be
18obtained), whenever possible, to be withdrawn from the body of
19the decedent in a timely fashion. For proper preservation of
20the specimens, collected blood and buccal specimens shall be
21dried and tissue specimens shall be frozen if available
22equipment exists. As soon as possible, but no later than 30
23days after the collection of the specimens, the coroner or
24medical examiner shall release those specimens to the police
25agency responsible for investigating the death. As soon as
26possible, but no later than 30 days after the receipt from the

HB2606- 75 -LRB103 26004 LNS 52358 b
1coroner or medical examiner, the police agency shall submit
2the specimens using the agency case number to a National DNA
3Index System (NDIS) participating laboratory within this
4State, such as the Illinois State Police, Division of Forensic
5Services, for analysis and categorizing into genetic marker
6groupings. The results of the analysis and categorizing into
7genetic marker groupings shall be provided to the Illinois
8State Police and shall be maintained by the Illinois State
9Police in the State central repository in the same manner, and
10subject to the same conditions, as provided in Section 5-4-3
11of the Unified Code of Corrections. The requirements of this
12paragraph are in addition to any other findings, specimens, or
13information that the coroner or medical examiner is required
14to provide during the conduct of a criminal investigation.
15 In all counties, in cases of apparent suicide, homicide,
16or accidental death or in other cases, within the discretion
17of the coroner, the coroner may summon 8 persons of lawful age
18from those persons drawn for petit jurors in the county. The
19summons shall command these persons to present themselves
20personally at such a place and time as the coroner shall
21determine, and may be in any form which the coroner shall
22determine and may incorporate any reasonable form of request
23for acknowledgment which the coroner deems practical and
24provides a reliable proof of service. The summons may be
25served by first class mail. From the 8 persons so summoned, the
26coroner shall select 6 to serve as the jury for the inquest.

HB2606- 76 -LRB103 26004 LNS 52358 b
1Inquests may be continued from time to time, as the coroner may
2deem necessary. The 6 jurors selected in a given case may view
3the body of the deceased. If at any continuation of an inquest
4one or more of the original jurors shall be unable to continue
5to serve, the coroner shall fill the vacancy or vacancies. A
6juror serving pursuant to this paragraph shall receive
7compensation from the county at the same rate as the rate of
8compensation that is paid to petit or grand jurors in the
9county. The coroner shall furnish to each juror without fee at
10the time of his discharge a certificate of the number of days
11in attendance at an inquest, and, upon being presented with
12such certificate, the county treasurer shall pay to the juror
13the sum provided for his services.
14 In counties which have a jury commission, in cases of
15apparent suicide or homicide or of accidental death, the
16coroner may conduct an inquest. The jury commission shall
17provide at least 8 jurors to the coroner, from whom the coroner
18shall select any 6 to serve as the jury for the inquest.
19Inquests may be continued from time to time as the coroner may
20deem necessary. The 6 jurors originally chosen in a given case
21may view the body of the deceased. If at any continuation of an
22inquest one or more of the 6 jurors originally chosen shall be
23unable to continue to serve, the coroner shall fill the
24vacancy or vacancies. At the coroner's discretion, additional
25jurors to fill such vacancies shall be supplied by the jury
26commission. A juror serving pursuant to this paragraph in such

HB2606- 77 -LRB103 26004 LNS 52358 b
1county shall receive compensation from the county at the same
2rate as the rate of compensation that is paid to petit or grand
3jurors in the county.
4 In every case in which a fire is determined to be a
5contributing factor in a death, the coroner shall report the
6death to the Office of the State Fire Marshal. The coroner
7shall provide a copy of the death certificate (i) within 30
8days after filing the permanent death certificate and (ii) in
9a manner that is agreed upon by the coroner and the State Fire
10Marshal.
11 In every case in which a drug overdose is determined to be
12the cause or a contributing factor in the death, the coroner or
13medical examiner shall report the death to the Department of
14Public Health. The Department of Public Health shall adopt
15rules regarding specific information that must be reported in
16the event of such a death. If possible, the coroner shall
17report the cause of the overdose. As used in this Section,
18"overdose" has the same meaning as it does in Section 414 of
19the Illinois Controlled Substances Act. The Department of
20Public Health shall issue a semiannual report to the General
21Assembly summarizing the reports received. The Department
22shall also provide on its website a monthly report of overdose
23death figures organized by location, age, and any other
24factors, the Department deems appropriate.
25 In addition, in every case in which domestic violence is
26determined to be a contributing factor in a death, the coroner

HB2606- 78 -LRB103 26004 LNS 52358 b
1shall report the death to the Illinois State Police.
2 All deaths in State institutions and all deaths of wards
3of the State or youth in care as defined in Section 4d of the
4Children and Family Services Act in private care facilities or
5in programs funded by the Department of Human Services under
6its powers relating to mental health and developmental
7disabilities or alcoholism and substance abuse or funded by
8the Department of Children and Family Services shall be
9reported to the coroner of the county in which the facility is
10located. If the coroner has reason to believe that an
11investigation is needed to determine whether the death was
12caused by maltreatment or negligent care of the ward of the
13State or youth in care as defined in Section 4d of the Children
14and Family Services Act, the coroner may conduct a preliminary
15investigation of the circumstances of such death as in cases
16of death under circumstances set forth in subparagraphs
17paragraphs (a) through (e) of this Section.
18(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
19revised 8-23-22.)
20 (Text of Section after amendment by P.A. 102-982)
21 Sec. 3-3013. Preliminary investigations; blood and urine
22analysis; summoning jury; reports. Every coroner, whenever,
23as soon as he knows or is informed that the dead body of any
24person is found, or lying within his county, whose death is
25suspected of being:

HB2606- 79 -LRB103 26004 LNS 52358 b
1 (a) A sudden or violent death, whether apparently
2 suicidal, homicidal, or accidental, including, but not
3 limited to, deaths apparently caused or contributed to by
4 thermal, traumatic, chemical, electrical, or radiational
5 injury, or a complication of any of them, or by drowning or
6 suffocation, or as a result of domestic violence as
7 defined in the Illinois Domestic Violence Act of 1986;
8 (b) A death due to a sex crime;
9 (c) A death where the circumstances are suspicious,
10 obscure, mysterious, or otherwise unexplained or where, in
11 the written opinion of the attending physician, the cause
12 of death is not determined;
13 (d) A death where addiction to alcohol or to any drug
14 may have been a contributory cause; or
15 (e) A death where the decedent was not attended by a
16 licensed physician;
17shall go to the place where the dead body is, and take charge
18of the same and shall make a preliminary investigation into
19the circumstances of the death. In the case of death without
20attendance by a licensed physician, the body may be moved with
21the coroner's consent from the place of death to a mortuary in
22the same county. Coroners in their discretion shall notify
23such physician as is designated in accordance with Section
243-3014 to attempt to ascertain the cause of death, either by
25autopsy or otherwise.
26 In cases of accidental death involving a motor vehicle in

HB2606- 80 -LRB103 26004 LNS 52358 b
1which the decedent was (1) the operator or a suspected
2operator of a motor vehicle, or (2) a pedestrian 16 years of
3age or older, the coroner shall require that a blood specimen
4of at least 30 cc., and if medically possible a urine specimen
5of at least 30 cc. or as much as possible up to 30 cc., be
6withdrawn from the body of the decedent in a timely fashion
7after the crash causing his death, by such physician as has
8been designated in accordance with Section 3-3014, or by the
9coroner or deputy coroner or a qualified person designated by
10such physician, coroner, or deputy coroner. If the county does
11not maintain laboratory facilities for making such analysis,
12the blood and urine so drawn shall be sent to the Illinois
13State Police or any other accredited or State-certified
14laboratory for analysis of the alcohol, carbon monoxide, and
15dangerous or narcotic drug content of such blood and urine
16specimens. Each specimen submitted shall be accompanied by
17pertinent information concerning the decedent upon a form
18prescribed by such laboratory. Any person drawing blood and
19urine and any person making any examination of the blood and
20urine under the terms of this Division shall be immune from all
21liability, civil or criminal, that might otherwise be incurred
22or imposed.
23 In all other cases coming within the jurisdiction of the
24coroner and referred to in subparagraphs (a) through (e)
25above, blood, and, whenever possible, urine samples shall be
26analyzed for the presence of alcohol and other drugs. When the

HB2606- 81 -LRB103 26004 LNS 52358 b
1coroner suspects that drugs may have been involved in the
2death, either directly or indirectly, a toxicological
3examination shall be performed which may include analyses of
4blood, urine, bile, gastric contents, and other tissues. When
5the coroner suspects a death is due to toxic substances, other
6than drugs, the coroner shall consult with the toxicologist
7prior to collection of samples. Information submitted to the
8toxicologist shall include information as to height, weight,
9age, sex, and race of the decedent as well as medical history,
10medications used by, and the manner of death of the decedent.
11 When the coroner or medical examiner finds that the cause
12of death is due to homicidal means, the coroner or medical
13examiner shall cause blood and buccal specimens (tissue may be
14submitted if no uncontaminated blood or buccal specimen can be
15obtained), whenever possible, to be withdrawn from the body of
16the decedent in a timely fashion. For proper preservation of
17the specimens, collected blood and buccal specimens shall be
18dried and tissue specimens shall be frozen if available
19equipment exists. As soon as possible, but no later than 30
20days after the collection of the specimens, the coroner or
21medical examiner shall release those specimens to the police
22agency responsible for investigating the death. As soon as
23possible, but no later than 30 days after the receipt from the
24coroner or medical examiner, the police agency shall submit
25the specimens using the agency case number to a National DNA
26Index System (NDIS) participating laboratory within this

HB2606- 82 -LRB103 26004 LNS 52358 b
1State, such as the Illinois State Police, Division of Forensic
2Services, for analysis and categorizing into genetic marker
3groupings. The results of the analysis and categorizing into
4genetic marker groupings shall be provided to the Illinois
5State Police and shall be maintained by the Illinois State
6Police in the State central repository in the same manner, and
7subject to the same conditions, as provided in Section 5-4-3
8of the Unified Code of Corrections. The requirements of this
9paragraph are in addition to any other findings, specimens, or
10information that the coroner or medical examiner is required
11to provide during the conduct of a criminal investigation.
12 In all counties, in cases of apparent suicide, homicide,
13or accidental death or in other cases, within the discretion
14of the coroner, the coroner may summon 8 persons of lawful age
15from those persons drawn for petit jurors in the county. The
16summons shall command these persons to present themselves
17personally at such a place and time as the coroner shall
18determine, and may be in any form which the coroner shall
19determine and may incorporate any reasonable form of request
20for acknowledgment which the coroner deems practical and
21provides a reliable proof of service. The summons may be
22served by first class mail. From the 8 persons so summoned, the
23coroner shall select 6 to serve as the jury for the inquest.
24Inquests may be continued from time to time, as the coroner may
25deem necessary. The 6 jurors selected in a given case may view
26the body of the deceased. If at any continuation of an inquest

HB2606- 83 -LRB103 26004 LNS 52358 b
1one or more of the original jurors shall be unable to continue
2to serve, the coroner shall fill the vacancy or vacancies. A
3juror serving pursuant to this paragraph shall receive
4compensation from the county at the same rate as the rate of
5compensation that is paid to petit or grand jurors in the
6county. The coroner shall furnish to each juror without fee at
7the time of his discharge a certificate of the number of days
8in attendance at an inquest, and, upon being presented with
9such certificate, the county treasurer shall pay to the juror
10the sum provided for his services.
11 In counties which have a jury commission, in cases of
12apparent suicide or homicide or of accidental death, the
13coroner may conduct an inquest. The jury commission shall
14provide at least 8 jurors to the coroner, from whom the coroner
15shall select any 6 to serve as the jury for the inquest.
16Inquests may be continued from time to time as the coroner may
17deem necessary. The 6 jurors originally chosen in a given case
18may view the body of the deceased. If at any continuation of an
19inquest one or more of the 6 jurors originally chosen shall be
20unable to continue to serve, the coroner shall fill the
21vacancy or vacancies. At the coroner's discretion, additional
22jurors to fill such vacancies shall be supplied by the jury
23commission. A juror serving pursuant to this paragraph in such
24county shall receive compensation from the county at the same
25rate as the rate of compensation that is paid to petit or grand
26jurors in the county.

HB2606- 84 -LRB103 26004 LNS 52358 b
1 In every case in which a fire is determined to be a
2contributing factor in a death, the coroner shall report the
3death to the Office of the State Fire Marshal. The coroner
4shall provide a copy of the death certificate (i) within 30
5days after filing the permanent death certificate and (ii) in
6a manner that is agreed upon by the coroner and the State Fire
7Marshal.
8 In every case in which a drug overdose is determined to be
9the cause or a contributing factor in the death, the coroner or
10medical examiner shall report the death to the Department of
11Public Health. The Department of Public Health shall adopt
12rules regarding specific information that must be reported in
13the event of such a death. If possible, the coroner shall
14report the cause of the overdose. As used in this Section,
15"overdose" has the same meaning as it does in Section 414 of
16the Illinois Controlled Substances Act. The Department of
17Public Health shall issue a semiannual report to the General
18Assembly summarizing the reports received. The Department
19shall also provide on its website a monthly report of overdose
20death figures organized by location, age, and any other
21factors, the Department deems appropriate.
22 In addition, in every case in which domestic violence is
23determined to be a contributing factor in a death, the coroner
24shall report the death to the Illinois State Police.
25 All deaths in State institutions and all deaths of wards
26of the State or youth in care as defined in Section 4d of the

HB2606- 85 -LRB103 26004 LNS 52358 b
1Children and Family Services Act in private care facilities or
2in programs funded by the Department of Human Services under
3its powers relating to mental health and developmental
4disabilities or alcoholism and substance abuse or funded by
5the Department of Children and Family Services shall be
6reported to the coroner of the county in which the facility is
7located. If the coroner has reason to believe that an
8investigation is needed to determine whether the death was
9caused by maltreatment or negligent care of the ward of the
10State or youth in care as defined in Section 4d of the Children
11and Family Services Act, the coroner may conduct a preliminary
12investigation of the circumstances of such death as in cases
13of death under circumstances set forth in subparagraphs
14paragraphs (a) through (e) of this Section.
15(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
16102-982, eff. 7-1-23; revised 8-23-22.)
17 (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
18 Sec. 3-4006. Duties of public defender. The Public
19Defender, as directed by the court, shall act as attorney,
20without fee, before any court within any county for all
21persons who are held in custody or who are charged with the
22commission of any criminal offense, and who the court finds
23are unable to employ counsel.
24 The Public Defender shall be the attorney, without fee,
25when so appointed by the court under Section 1-20 of the

HB2606- 86 -LRB103 26004 LNS 52358 b
1Juvenile Court Act or Section 1-5 of the Juvenile Court Act of
21987 or by any court under subsection (b) of Section 4-5 of the
3Parental Notice of Abortion Act of 2023 for any party who the
4court finds is financially unable to employ counsel.
5 In cases subject to Section 5-170 of the Juvenile Court
6Act of 1987 involving a minor who was under 15 years of age at
7the time of the commission of the offense, that occurs in a
8county with a full-time public defender office, a public
9defender, without fee or appointment, may represent and have
10access to a minor during a custodial interrogation. In cases
11subject to Section 5-170 of the Juvenile Court Act of 1987
12involving a minor who was under 15 years of age at the time of
13the commission of the offense, that occurs in a county without
14a full-time public defender, the law enforcement agency
15conducting the custodial interrogation shall ensure that the
16minor is able to consult with an attorney who is under contract
17with the county to provide public defender services.
18Representation by the public defender shall terminate at the
19first court appearance if the court determines that the minor
20is not indigent.
21 Every court shall, with the consent of the defendant and
22where the court finds that the rights of the defendant would be
23prejudiced by the appointment of the public defender, appoint
24counsel other than the public defender, except as otherwise
25provided in Section 113-3 of the "Code of Criminal Procedure
26of 1963". That counsel shall be compensated as is provided by

HB2606- 87 -LRB103 26004 LNS 52358 b
1law. He shall also, in the case of the conviction of any such
2person, prosecute any proceeding in review which in his
3judgment the interests of justice require.
4 In counties with a population over 3,000,000, the public
5defender, without fee or appointment and with the concurrence
6of the county board, may act as attorney to noncitizens in
7immigration cases. Representation by the public defender in
8immigration cases shall be limited to those arising in
9immigration courts located within the geographical boundaries
10of the county where the public defender has been appointed to
11office unless the board authorizes the public defender to
12provide representation outside the county.
13(Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.)
14 (55 ILCS 5/5-1069.3)
15 Sec. 5-1069.3. Required health benefits. If a county,
16including a home rule county, is a self-insurer for purposes
17of providing health insurance coverage for its employees, the
18coverage shall include coverage for the post-mastectomy care
19benefits required to be covered by a policy of accident and
20health insurance under Section 356t and the coverage required
21under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
22356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
23356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
24356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
25356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53,

HB2606- 88 -LRB103 26004 LNS 52358 b
1356z.54, 356z.56, 356z.57, and 356z.59, and 356z.60 of the
2Illinois Insurance Code. The coverage shall comply with
3Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
4Insurance Code. The Department of Insurance shall enforce the
5requirements of this Section. The requirement that health
6benefits be covered as provided in this Section is an
7exclusive power and function of the State and is a denial and
8limitation under Article VII, Section 6, subsection (h) of the
9Illinois Constitution. A home rule county to which this
10Section applies must comply with every provision of this
11Section.
12 Rulemaking authority to implement Public Act 95-1045, if
13any, is conditioned on the rules being adopted in accordance
14with all provisions of the Illinois Administrative Procedure
15Act and all rules and procedures of the Joint Committee on
16Administrative Rules; any purported rule not so adopted, for
17whatever reason, is unauthorized.
18(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
19101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
201-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
21eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
22102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
231-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
24eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
25102-1117, eff. 1-13-23.)

HB2606- 89 -LRB103 26004 LNS 52358 b
1 Section 5-30. The Illinois Municipal Code is amended by
2changing Section 10-4-2.3 as follows:
3 (65 ILCS 5/10-4-2.3)
4 Sec. 10-4-2.3. Required health benefits. If a
5municipality, including a home rule municipality, is a
6self-insurer for purposes of providing health insurance
7coverage for its employees, the coverage shall include
8coverage for the post-mastectomy care benefits required to be
9covered by a policy of accident and health insurance under
10Section 356t and the coverage required under Sections 356g,
11356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
12356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
13356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
14356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
15356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
16356z.56, 356z.57, and 356z.59, and 356z.60 of the Illinois
17Insurance Code. The coverage shall comply with Sections
18155.22a, 355b, 356z.19, and 370c of the Illinois Insurance
19Code. The Department of Insurance shall enforce the
20requirements of this Section. The requirement that health
21benefits be covered as provided in this is an exclusive power
22and function of the State and is a denial and limitation under
23Article VII, Section 6, subsection (h) of the Illinois
24Constitution. A home rule municipality to which this Section
25applies must comply with every provision of this Section.

HB2606- 90 -LRB103 26004 LNS 52358 b
1 Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
8101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
91-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
10eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
11102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.
121-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,
13eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
14102-1117, eff. 1-13-23.)
15 Section 5-35. The School Code is amended by changing
16Section 10-22.3f as follows:
17 (105 ILCS 5/10-22.3f)
18 Sec. 10-22.3f. Required health benefits. Insurance
19protection and benefits for employees shall provide the
20post-mastectomy care benefits required to be covered by a
21policy of accident and health insurance under Section 356t and
22the coverage required under Sections 356g, 356g.5, 356g.5-1,
23356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,
24356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,

HB2606- 91 -LRB103 26004 LNS 52358 b
1356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
2356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
3356z.53, 356z.54, 356z.56, 356z.57, and 356z.59, and 356z.60
4of the Illinois Insurance Code. Insurance policies shall
5comply with Section 356z.19 of the Illinois Insurance Code.
6The coverage shall comply with Sections 155.22a, 355b, and
7370c of the Illinois Insurance Code. The Department of
8Insurance shall enforce the requirements of this Section.
9 Rulemaking authority to implement Public Act 95-1045, if
10any, is conditioned on the rules being adopted in accordance
11with all provisions of the Illinois Administrative Procedure
12Act and all rules and procedures of the Joint Committee on
13Administrative Rules; any purported rule not so adopted, for
14whatever reason, is unauthorized.
15(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
16101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
171-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
18eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22;
19102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff.
201-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,
21eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
22 Section 5-40. The Ambulatory Surgical Treatment Center Act
23is amended by changing Sections 2 and 3 and by adding Section
246.2 as follows:

HB2606- 92 -LRB103 26004 LNS 52358 b
1 (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
2 Sec. 2. It is declared to be the public policy that the
3State has a legitimate interest in assuring that all medical
4procedures, including abortions, are performed under
5circumstances that insure maximum safety. Therefore, the
6purpose of this Act is to provide for the better protection of
7the public health through the development, establishment, and
8enforcement of standards (1) for the care of individuals in
9ambulatory surgical treatment centers, and (2) for the
10construction, maintenance and operation of ambulatory surgical
11treatment centers, which, in light of advancing knowledge,
12will promote safe and adequate treatment of such individuals
13in ambulatory surgical treatment centers.
14(Source: P.A. 101-13, eff. 6-12-19.)
15 (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
16 Sec. 3. As used in this Act, unless the context otherwise
17requires, the following words and phrases shall have the
18meanings ascribed to them:
19 (A) "Ambulatory surgical treatment center" means any
20institution, place or building devoted primarily to the
21maintenance and operation of facilities for the performance of
22surgical procedures. "Ambulatory surgical treatment center"
23includes any place that meets and complies with the definition
24of an ambulatory surgical treatment center under the rules
25adopted by the Department or any facility in which a medical or

HB2606- 93 -LRB103 26004 LNS 52358 b
1surgical procedure is utilized to terminate a pregnancy,
2irrespective of whether the facility is devoted primarily to
3this purpose. Such facility shall not provide beds or other
4accommodations for the overnight stay of patients; however,
5facilities devoted exclusively to the treatment of children
6may provide accommodations and beds for their patients for up
7to 23 hours following admission. Individual patients shall be
8discharged in an ambulatory condition without danger to the
9continued well being of the patients or shall be transferred
10to a hospital.
11 The term "ambulatory surgical treatment center" does not
12include any of the following:
13 (1) Any institution, place, building or agency
14 required to be licensed pursuant to the "Hospital
15 Licensing Act", approved July 1, 1953, as amended.
16 (2) Any person or institution required to be licensed
17 pursuant to the Nursing Home Care Act, the Specialized
18 Mental Health Rehabilitation Act of 2013, the ID/DD
19 Community Care Act, or the MC/DD Act.
20 (3) Hospitals or ambulatory surgical treatment centers
21 maintained by the State or any department or agency
22 thereof, where such department or agency has authority
23 under law to establish and enforce standards for the
24 hospitals or ambulatory surgical treatment centers under
25 its management and control.
26 (4) Hospitals or ambulatory surgical treatment centers

HB2606- 94 -LRB103 26004 LNS 52358 b
1 maintained by the Federal Government or agencies thereof.
2 (5) Any place, agency, clinic, or practice, public or
3 private, whether organized for profit or not, devoted
4 exclusively to the performance of dental or oral surgical
5 procedures.
6 (6) Any facility in which the performance of abortion
7 procedures, including procedures to terminate a pregnancy
8 or to manage pregnancy loss, is limited to those performed
9 without general, epidural, or spinal anesthesia, and which
10 is not otherwise required to be an ambulatory surgical
11 treatment center. For purposes of this paragraph,
12 "general, epidural, or spinal anesthesia" does not include
13 local anesthesia or intravenous sedation. Nothing in this
14 paragraph shall be construed to limit any such facility
15 from voluntarily electing to apply for licensure as an
16 ambulatory surgical treatment center.
17 (B) "Person" means any individual, firm, partnership,
18corporation, company, association, or joint stock association,
19or the legal successor thereof.
20 (C) "Department" means the Department of Public Health of
21the State of Illinois.
22 (D) "Director" means the Director of the Department of
23Public Health of the State of Illinois.
24 (E) "Physician" means a person licensed to practice
25medicine in all of its branches in the State of Illinois.
26 (F) "Dentist" means a person licensed to practice

HB2606- 95 -LRB103 26004 LNS 52358 b
1dentistry under the Illinois Dental Practice Act.
2 (G) "Podiatric physician" means a person licensed to
3practice podiatry under the Podiatric Medical Practice Act of
41987.
5(Source: P.A. 101-13, eff. 6-12-19.)
6 (210 ILCS 5/6.2 new)
7 Sec. 6.2. Physician required for Centers primarily
8providing abortions. Notwithstanding any other provision of
9this Act, any corporation operating an Ambulatory Surgical
10Treatment Center devoted primarily to providing facilities for
11abortion must have a physician, who is licensed to practice
12medicine in all of its branches and is actively engaged in the
13practice of medicine at the Center, on the board of directors
14as a condition to licensure of the Center.
15 Section 5-45. The Birth Center Licensing Act is amended by
16changing Sections 5 and 30 as follows:
17 (210 ILCS 170/5)
18 Sec. 5. Definitions. In this Act:
19 "Birth center" means a designated site, other than a
20hospital:
21 (1) in which births are planned to occur following a
22 normal, uncomplicated, and low-risk pregnancy;
23 (2) that is not the pregnant person's usual place of

HB2606- 96 -LRB103 26004 LNS 52358 b
1 residence;
2 (3) that is exclusively dedicated to serving the
3 childbirth-related needs of pregnant persons and their
4 newborns, and has no more than 10 beds;
5 (4) that offers prenatal care and community education
6 services and coordinates these services with other health
7 care services available in the community; and
8 (5) that does not provide general anesthesia or
9 surgery.
10 "Certified nurse midwife" means an advanced practice
11registered nurse licensed in Illinois under the Nurse Practice
12Act with full practice authority or who is delegated such
13authority as part of a written collaborative agreement with a
14physician who is associated with the birthing center or who
15has privileges at a nearby birthing hospital.
16 "Department" means the Illinois Department of Public
17Health.
18 "Hospital" does not include places where pregnant females
19are received, cared for, or treated during delivery if it is in
20a licensed birth center, nor include any facility required to
21be licensed as a birth center.
22 "Licensed certified professional midwife" means a person
23who has successfully met the requirements under Section 45 of
24the Licensed Certified Professional Midwife Practice Act and
25holds an active license to practice as a licensed certified
26professional midwife in Illinois.

HB2606- 97 -LRB103 26004 LNS 52358 b
1 "Physician" means a physician licensed to practice
2medicine in all its branches in Illinois.
3(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23;
4102-1117, eff. 1-13-23.)
5 (210 ILCS 170/30)
6 Sec. 30. Minimum standards.
7 (a) The Department's rules adopted pursuant to Section 60
8of this Act shall contain minimum standards to protect the
9health and safety of a patient of a birth center. In adopting
10rules for birth centers, the Department shall consider:
11 (1) the Commission for the Accreditation of Birth
12 Centers' Standards for Freestanding Birth Centers;
13 (2) the American Academy of Pediatrics and American
14 College of Obstetricians and Gynecologists Guidelines for
15 Perinatal Care; and
16 (3) the Regionalized Perinatal Health Care Code.
17 (b) Nothing in this Section shall be construed to prohibit
18a facility licensed as a birth center from offering other
19reproductive health care subject to any applicable laws,
20rules, regulations, or licensing requirements for those
21services. In this subsection, "reproductive health care" has
22the same meaning as used in Section 1-10 of the Reproductive
23Health Act.
24(Source: P.A. 102-518, eff. 8-20-21; 102-813, eff. 5-13-22;
25102-1117, eff. 1-13-23.)

HB2606- 98 -LRB103 26004 LNS 52358 b
1 Section 5-50. The Illinois Insurance Code is amended by
2changing Sections 356z.3a and 356z.4 as follows:
3 (215 ILCS 5/356z.3a)
4 Sec. 356z.3a. Billing; emergency services;
5nonparticipating providers.
6 (a) As used in this Section:
7 "Ancillary services" means:
8 (1) items and services related to emergency medicine,
9 anesthesiology, pathology, radiology, and neonatology that
10 are provided by any health care provider;
11 (2) items and services provided by assistant surgeons,
12 hospitalists, and intensivists;
13 (3) diagnostic services, including radiology and
14 laboratory services, except for advanced diagnostic
15 laboratory tests identified on the most current list
16 published by the United States Secretary of Health and
17 Human Services under 42 U.S.C. 300gg-132(b)(3);
18 (4) items and services provided by other specialty
19 practitioners as the United States Secretary of Health and
20 Human Services specifies through rulemaking under 42
21 U.S.C. 300gg-132(b)(3);
22 (5) items and services provided by a nonparticipating
23 provider if there is no participating provider who can
24 furnish the item or service at the facility. ; and

HB2606- 99 -LRB103 26004 LNS 52358 b
1 (6) items and services provided by a nonparticipating
2 provider if there is no participating provider who will
3 furnish the item or service because a participating
4 provider has asserted the participating provider's rights
5 under the Health Care Right of Conscience Act.
6 "Cost sharing" means the amount an insured, beneficiary,
7or enrollee is responsible for paying for a covered item or
8service under the terms of the policy or certificate. "Cost
9sharing" includes copayments, coinsurance, and amounts paid
10toward deductibles, but does not include amounts paid towards
11premiums, balance billing by out-of-network providers, or the
12cost of items or services that are not covered under the policy
13or certificate.
14 "Emergency department of a hospital" means any hospital
15department that provides emergency services, including a
16hospital outpatient department.
17 "Emergency medical condition" has the meaning ascribed to
18that term in Section 10 of the Managed Care Reform and Patient
19Rights Act.
20 "Emergency medical screening examination" has the meaning
21ascribed to that term in Section 10 of the Managed Care Reform
22and Patient Rights Act.
23 "Emergency services" means, with respect to an emergency
24medical condition:
25 (1) in general, an emergency medical screening
26 examination, including ancillary services routinely

HB2606- 100 -LRB103 26004 LNS 52358 b
1 available to the emergency department to evaluate such
2 emergency medical condition, and such further medical
3 examination and treatment as would be required to
4 stabilize the patient regardless of the department of the
5 hospital or other facility in which such further
6 examination or treatment is furnished; or
7 (2) additional items and services for which benefits
8 are provided or covered under the coverage and that are
9 furnished by a nonparticipating provider or
10 nonparticipating emergency facility regardless of the
11 department of the hospital or other facility in which such
12 items are furnished after the insured, beneficiary, or
13 enrollee is stabilized and as part of outpatient
14 observation or an inpatient or outpatient stay with
15 respect to the visit in which the services described in
16 paragraph (1) are furnished. Services after stabilization
17 cease to be emergency services only when all the
18 conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and
19 regulations thereunder are met.
20 "Freestanding Emergency Center" means a facility licensed
21under Section 32.5 of the Emergency Medical Services (EMS)
22Systems Act.
23 "Health care facility" means, in the context of
24non-emergency services, any of the following:
25 (1) a hospital as defined in 42 U.S.C. 1395x(e);
26 (2) a hospital outpatient department;

HB2606- 101 -LRB103 26004 LNS 52358 b
1 (3) a critical access hospital certified under 42
2 U.S.C. 1395i-4(e);
3 (4) an ambulatory surgical treatment center as defined
4 in the Ambulatory Surgical Treatment Center Act; or
5 (5) any recipient of a license under the Hospital
6 Licensing Act that is not otherwise described in this
7 definition.
8 "Health care provider" means a provider as defined in
9subsection (d) of Section 370g. "Health care provider" does
10not include a provider of air ambulance or ground ambulance
11services.
12 "Health care services" has the meaning ascribed to that
13term in subsection (a) of Section 370g.
14 "Health insurance issuer" has the meaning ascribed to that
15term in Section 5 of the Illinois Health Insurance Portability
16and Accountability Act.
17 "Nonparticipating emergency facility" means, with respect
18to the furnishing of an item or service under a policy of group
19or individual health insurance coverage, any of the following
20facilities that does not have a contractual relationship
21directly or indirectly with a health insurance issuer in
22relation to the coverage:
23 (1) an emergency department of a hospital;
24 (2) a Freestanding Emergency Center;
25 (3) an ambulatory surgical treatment center as defined
26 in the Ambulatory Surgical Treatment Center Act; or

HB2606- 102 -LRB103 26004 LNS 52358 b
1 (4) with respect to emergency services described in
2 paragraph (2) of the definition of "emergency services", a
3 hospital.
4 "Nonparticipating provider" means, with respect to the
5furnishing of an item or service under a policy of group or
6individual health insurance coverage, any health care provider
7who does not have a contractual relationship directly or
8indirectly with a health insurance issuer in relation to the
9coverage.
10 "Participating emergency facility" means any of the
11following facilities that has a contractual relationship
12directly or indirectly with a health insurance issuer offering
13group or individual health insurance coverage setting forth
14the terms and conditions on which a relevant health care
15service is provided to an insured, beneficiary, or enrollee
16under the coverage:
17 (1) an emergency department of a hospital;
18 (2) a Freestanding Emergency Center;
19 (3) an ambulatory surgical treatment center as defined
20 in the Ambulatory Surgical Treatment Center Act; or
21 (4) with respect to emergency services described in
22 paragraph (2) of the definition of "emergency services", a
23 hospital.
24 For purposes of this definition, a single case agreement
25between an emergency facility and an issuer that is used to
26address unique situations in which an insured, beneficiary, or

HB2606- 103 -LRB103 26004 LNS 52358 b
1enrollee requires services that typically occur out-of-network
2constitutes a contractual relationship and is limited to the
3parties to the agreement.
4 "Participating health care facility" means any health care
5facility that has a contractual relationship directly or
6indirectly with a health insurance issuer offering group or
7individual health insurance coverage setting forth the terms
8and conditions on which a relevant health care service is
9provided to an insured, beneficiary, or enrollee under the
10coverage. A single case agreement between an emergency
11facility and an issuer that is used to address unique
12situations in which an insured, beneficiary, or enrollee
13requires services that typically occur out-of-network
14constitutes a contractual relationship for purposes of this
15definition and is limited to the parties to the agreement.
16 "Participating provider" means any health care provider
17that has a contractual relationship directly or indirectly
18with a health insurance issuer offering group or individual
19health insurance coverage setting forth the terms and
20conditions on which a relevant health care service is provided
21to an insured, beneficiary, or enrollee under the coverage.
22 "Qualifying payment amount" has the meaning given to that
23term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations
24promulgated thereunder.
25 "Recognized amount" means the lesser of the amount
26initially billed by the provider or the qualifying payment

HB2606- 104 -LRB103 26004 LNS 52358 b
1amount.
2 "Stabilize" means "stabilization" as defined in Section 10
3of the Managed Care Reform and Patient Rights Act.
4 "Treating provider" means a health care provider who has
5evaluated the individual.
6 "Visit" means, with respect to health care services
7furnished to an individual at a health care facility, health
8care services furnished by a provider at the facility, as well
9as equipment, devices, telehealth services, imaging services,
10laboratory services, and preoperative and postoperative
11services regardless of whether the provider furnishing such
12services is at the facility.
13 (b) Emergency services. When a beneficiary, insured, or
14enrollee receives emergency services from a nonparticipating
15provider or a nonparticipating emergency facility, the health
16insurance issuer shall ensure that the beneficiary, insured,
17or enrollee shall incur no greater out-of-pocket costs than
18the beneficiary, insured, or enrollee would have incurred with
19a participating provider or a participating emergency
20facility. Any cost-sharing requirements shall be applied as
21though the emergency services had been received from a
22participating provider or a participating facility. Cost
23sharing shall be calculated based on the recognized amount for
24the emergency services. If the cost sharing for the same item
25or service furnished by a participating provider would have
26been a flat-dollar copayment, that amount shall be the

HB2606- 105 -LRB103 26004 LNS 52358 b
1cost-sharing amount unless the provider has billed a lesser
2total amount. In no event shall the beneficiary, insured,
3enrollee, or any group policyholder or plan sponsor be liable
4to or billed by the health insurance issuer, the
5nonparticipating provider, or the nonparticipating emergency
6facility for any amount beyond the cost sharing calculated in
7accordance with this subsection with respect to the emergency
8services delivered. Administrative requirements or limitations
9shall be no greater than those applicable to emergency
10services received from a participating provider or a
11participating emergency facility.
12 (b-5) Non-emergency services at participating health care
13facilities.
14 (1) When a beneficiary, insured, or enrollee utilizes
15 a participating health care facility and, due to any
16 reason, covered ancillary services are provided by a
17 nonparticipating provider during or resulting from the
18 visit, the health insurance issuer shall ensure that the
19 beneficiary, insured, or enrollee shall incur no greater
20 out-of-pocket costs than the beneficiary, insured, or
21 enrollee would have incurred with a participating provider
22 for the ancillary services. Any cost-sharing requirements
23 shall be applied as though the ancillary services had been
24 received from a participating provider. Cost sharing shall
25 be calculated based on the recognized amount for the
26 ancillary services. If the cost sharing for the same item

HB2606- 106 -LRB103 26004 LNS 52358 b
1 or service furnished by a participating provider would
2 have been a flat-dollar copayment, that amount shall be
3 the cost-sharing amount unless the provider has billed a
4 lesser total amount. In no event shall the beneficiary,
5 insured, enrollee, or any group policyholder or plan
6 sponsor be liable to or billed by the health insurance
7 issuer, the nonparticipating provider, or the
8 participating health care facility for any amount beyond
9 the cost sharing calculated in accordance with this
10 subsection with respect to the ancillary services
11 delivered. In addition to ancillary services, the
12 requirements of this paragraph shall also apply with
13 respect to covered items or services furnished as a result
14 of unforeseen, urgent medical needs that arise at the time
15 an item or service is furnished, regardless of whether the
16 nonparticipating provider satisfied the notice and consent
17 criteria under paragraph (2) of this subsection.
18 (2) When a beneficiary, insured, or enrollee utilizes
19 a participating health care facility and receives
20 non-emergency covered health care services other than
21 those described in paragraph (1) of this subsection from a
22 nonparticipating provider during or resulting from the
23 visit, the health insurance issuer shall ensure that the
24 beneficiary, insured, or enrollee incurs no greater
25 out-of-pocket costs than the beneficiary, insured, or
26 enrollee would have incurred with a participating provider

HB2606- 107 -LRB103 26004 LNS 52358 b
1 unless the nonparticipating provider or the participating
2 health care facility on behalf of the nonparticipating
3 provider satisfies the notice and consent criteria
4 provided in 42 U.S.C. 300gg-132 and regulations
5 promulgated thereunder. If the notice and consent criteria
6 are not satisfied, then:
7 (A) any cost-sharing requirements shall be applied
8 as though the health care services had been received
9 from a participating provider;
10 (B) cost sharing shall be calculated based on the
11 recognized amount for the health care services; and
12 (C) in no event shall the beneficiary, insured,
13 enrollee, or any group policyholder or plan sponsor be
14 liable to or billed by the health insurance issuer,
15 the nonparticipating provider, or the participating
16 health care facility for any amount beyond the cost
17 sharing calculated in accordance with this subsection
18 with respect to the health care services delivered.
19 (c) Notwithstanding any other provision of this Code,
20except when the notice and consent criteria are satisfied for
21the situation in paragraph (2) of subsection (b-5), any
22benefits a beneficiary, insured, or enrollee receives for
23services under the situations in subsection (b) or (b-5) are
24assigned to the nonparticipating providers or the facility
25acting on their behalf. Upon receipt of the provider's bill or
26facility's bill, the health insurance issuer shall provide the

HB2606- 108 -LRB103 26004 LNS 52358 b
1nonparticipating provider or the facility with a written
2explanation of benefits that specifies the proposed
3reimbursement and the applicable deductible, copayment, or
4coinsurance amounts owed by the insured, beneficiary, or
5enrollee. The health insurance issuer shall pay any
6reimbursement subject to this Section directly to the
7nonparticipating provider or the facility.
8 (d) For bills assigned under subsection (c), the
9nonparticipating provider or the facility may bill the health
10insurance issuer for the services rendered, and the health
11insurance issuer may pay the billed amount or attempt to
12negotiate reimbursement with the nonparticipating provider or
13the facility. Within 30 calendar days after the provider or
14facility transmits the bill to the health insurance issuer,
15the issuer shall send an initial payment or notice of denial of
16payment with the written explanation of benefits to the
17provider or facility. If attempts to negotiate reimbursement
18for services provided by a nonparticipating provider do not
19result in a resolution of the payment dispute within 30 days
20after receipt of written explanation of benefits by the health
21insurance issuer, then the health insurance issuer or
22nonparticipating provider or the facility may initiate binding
23arbitration to determine payment for services provided on a
24per-bill basis. The party requesting arbitration shall notify
25the other party arbitration has been initiated and state its
26final offer before arbitration. In response to this notice,

HB2606- 109 -LRB103 26004 LNS 52358 b
1the nonrequesting party shall inform the requesting party of
2its final offer before the arbitration occurs. Arbitration
3shall be initiated by filing a request with the Department of
4Insurance.
5 (e) The Department of Insurance shall publish a list of
6approved arbitrators or entities that shall provide binding
7arbitration. These arbitrators shall be American Arbitration
8Association or American Health Lawyers Association trained
9arbitrators. Both parties must agree on an arbitrator from the
10Department of Insurance's or its approved entity's list of
11arbitrators. If no agreement can be reached, then a list of 5
12arbitrators shall be provided by the Department of Insurance
13or the approved entity. From the list of 5 arbitrators, the
14health insurance issuer can veto 2 arbitrators and the
15provider or facility can veto 2 arbitrators. The remaining
16arbitrator shall be the chosen arbitrator. This arbitration
17shall consist of a review of the written submissions by both
18parties. The arbitrator shall not establish a rebuttable
19presumption that the qualifying payment amount should be the
20total amount owed to the provider or facility by the
21combination of the issuer and the insured, beneficiary, or
22enrollee. Binding arbitration shall provide for a written
23decision within 45 days after the request is filed with the
24Department of Insurance. Both parties shall be bound by the
25arbitrator's decision. The arbitrator's expenses and fees,
26together with other expenses, not including attorney's fees,

HB2606- 110 -LRB103 26004 LNS 52358 b
1incurred in the conduct of the arbitration, shall be paid as
2provided in the decision.
3 (f) (Blank).
4 (g) Section 368a of this Act shall not apply during the
5pendency of a decision under subsection (d). Upon the issuance
6of the arbitrator's decision, Section 368a applies with
7respect to the amount, if any, by which the arbitrator's
8determination exceeds the issuer's initial payment under
9subsection (c), or the entire amount of the arbitrator's
10determination if initial payment was denied. Any interest
11required to be paid to a provider under Section 368a shall not
12accrue until after 30 days of an arbitrator's decision as
13provided in subsection (d), but in no circumstances longer
14than 150 days from the date the nonparticipating
15facility-based provider billed for services rendered.
16 (h) Nothing in this Section shall be interpreted to change
17the prudent layperson provisions with respect to emergency
18services under the Managed Care Reform and Patient Rights Act.
19 (i) Nothing in this Section shall preclude a health care
20provider from billing a beneficiary, insured, or enrollee for
21reasonable administrative fees, such as service fees for
22checks returned for nonsufficient funds and missed
23appointments.
24 (j) Nothing in this Section shall preclude a beneficiary,
25insured, or enrollee from assigning benefits to a
26nonparticipating provider when the notice and consent criteria

HB2606- 111 -LRB103 26004 LNS 52358 b
1are satisfied under paragraph (2) of subsection (b-5) or in
2any other situation not described in subsection (b) or (b-5).
3 (k) Except when the notice and consent criteria are
4satisfied under paragraph (2) of subsection (b-5), if an
5individual receives health care services under the situations
6described in subsection (b) or (b-5), no referral requirement
7or any other provision contained in the policy or certificate
8of coverage shall deny coverage, reduce benefits, or otherwise
9defeat the requirements of this Section for services that
10would have been covered with a participating provider.
11However, this subsection shall not be construed to preclude a
12provider contract with a health insurance issuer, or with an
13administrator or similar entity acting on the issuer's behalf,
14from imposing requirements on the participating provider,
15participating emergency facility, or participating health care
16facility relating to the referral of covered individuals to
17nonparticipating providers.
18 (l) Except if the notice and consent criteria are
19satisfied under paragraph (2) of subsection (b-5),
20cost-sharing amounts calculated in conformity with this
21Section shall count toward any deductible or out-of-pocket
22maximum applicable to in-network coverage.
23 (m) The Department has the authority to enforce the
24requirements of this Section in the situations described in
25subsections (b) and (b-5), and in any other situation for
26which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and

HB2606- 112 -LRB103 26004 LNS 52358 b
1regulations promulgated thereunder would prohibit an
2individual from being billed or liable for emergency services
3furnished by a nonparticipating provider or nonparticipating
4emergency facility or for non-emergency health care services
5furnished by a nonparticipating provider at a participating
6health care facility.
7 (n) This Section does not apply with respect to air
8ambulance or ground ambulance services. This Section does not
9apply to any policy of excepted benefits or to short-term,
10limited-duration health insurance coverage.
11(Source: P.A. 102-901, eff. 7-1-22; 102-1117, eff. 1-13-23.)
12 (215 ILCS 5/356z.4)
13 Sec. 356z.4. Coverage for contraceptives.
14 (a)(1) The General Assembly hereby finds and declares all
15of the following:
16 (A) Illinois has a long history of expanding timely
17 access to birth control to prevent unintended pregnancy.
18 (B) The federal Patient Protection and Affordable Care
19 Act includes a contraceptive coverage guarantee as part of
20 a broader requirement for health insurance to cover key
21 preventive care services without out-of-pocket costs for
22 patients.
23 (C) The General Assembly intends to build on existing
24 State and federal law to promote gender equity and women's
25 health and to ensure greater contraceptive coverage equity

HB2606- 113 -LRB103 26004 LNS 52358 b
1 and timely access to all federal Food and Drug
2 Administration approved methods of birth control for all
3 individuals covered by an individual or group health
4 insurance policy in Illinois.
5 (D) Medical management techniques such as denials,
6 step therapy, or prior authorization in public and private
7 health care coverage can impede access to the most
8 effective contraceptive methods.
9 (2) As used in this subsection (a):
10 "Contraceptive services" includes consultations,
11examinations, procedures, and medical services related to the
12use of contraceptive methods (including natural family
13planning) to prevent an unintended pregnancy.
14 "Medical necessity", for the purposes of this subsection
15(a), includes, but is not limited to, considerations such as
16severity of side effects, differences in permanence and
17reversibility of contraceptive, and ability to adhere to the
18appropriate use of the item or service, as determined by the
19attending provider.
20 "Therapeutic equivalent version" means drugs, devices, or
21products that can be expected to have the same clinical effect
22and safety profile when administered to patients under the
23conditions specified in the labeling and satisfy the following
24general criteria:
25 (i) they are approved as safe and effective;
26 (ii) they are pharmaceutical equivalents in that they

HB2606- 114 -LRB103 26004 LNS 52358 b
1 (A) contain identical amounts of the same active drug
2 ingredient in the same dosage form and route of
3 administration and (B) meet compendial or other applicable
4 standards of strength, quality, purity, and identity;
5 (iii) they are bioequivalent in that (A) they do not
6 present a known or potential bioequivalence problem and
7 they meet an acceptable in vitro standard or (B) if they do
8 present such a known or potential problem, they are shown
9 to meet an appropriate bioequivalence standard;
10 (iv) they are adequately labeled; and
11 (v) they are manufactured in compliance with Current
12 Good Manufacturing Practice regulations.
13 (3) An individual or group policy of accident and health
14insurance amended, delivered, issued, or renewed in this State
15after the effective date of this amendatory Act of the 99th
16General Assembly shall provide coverage for all of the
17following services and contraceptive methods:
18 (A) All contraceptive drugs, devices, and other
19 products approved by the United States Food and Drug
20 Administration. This includes all over-the-counter
21 contraceptive drugs, devices, and products approved by the
22 United States Food and Drug Administration, excluding male
23 condoms. The following apply:
24 (i) If the United States Food and Drug
25 Administration has approved one or more therapeutic
26 equivalent versions of a contraceptive drug, device,

HB2606- 115 -LRB103 26004 LNS 52358 b
1 or product, a policy is not required to include all
2 such therapeutic equivalent versions in its formulary,
3 so long as at least one is included and covered without
4 cost-sharing and in accordance with this Section.
5 (ii) If an individual's attending provider
6 recommends a particular service or item approved by
7 the United States Food and Drug Administration based
8 on a determination of medical necessity with respect
9 to that individual, the plan or issuer must cover that
10 service or item without cost sharing. The plan or
11 issuer must defer to the determination of the
12 attending provider.
13 (iii) If a drug, device, or product is not
14 covered, plans and issuers must have an easily
15 accessible, transparent, and sufficiently expedient
16 process that is not unduly burdensome on the
17 individual or a provider or other individual acting as
18 a patient's authorized representative to ensure
19 coverage without cost sharing.
20 (iv) This coverage must provide for the dispensing
21 of 12 months' worth of contraception at one time.
22 (B) Voluntary sterilization procedures.
23 (C) Contraceptive services, patient education, and
24 counseling on contraception.
25 (D) Follow-up services related to the drugs, devices,
26 products, and procedures covered under this Section,

HB2606- 116 -LRB103 26004 LNS 52358 b
1 including, but not limited to, management of side effects,
2 counseling for continued adherence, and device insertion
3 and removal.
4 (4) Except as otherwise provided in this subsection (a), a
5policy subject to this subsection (a) shall not impose a
6deductible, coinsurance, copayment, or any other cost-sharing
7requirement on the coverage provided. The provisions of this
8paragraph do not apply to coverage of voluntary male
9sterilization procedures to the extent such coverage would
10disqualify a high-deductible health plan from eligibility for
11a health savings account pursuant to the federal Internal
12Revenue Code, 26 U.S.C. 223.
13 (5) Except as otherwise authorized under this subsection
14(a), a policy shall not impose any restrictions or delays on
15the coverage required under this subsection (a).
16 (6) If, at any time, the Secretary of the United States
17Department of Health and Human Services, or its successor
18agency, promulgates rules or regulations to be published in
19the Federal Register or publishes a comment in the Federal
20Register or issues an opinion, guidance, or other action that
21would require the State, pursuant to any provision of the
22Patient Protection and Affordable Care Act (Public Law
23111-148), including, but not limited to, 42 U.S.C.
2418031(d)(3)(B) or any successor provision, to defray the cost
25of any coverage outlined in this subsection (a), then this
26subsection (a) is inoperative with respect to all coverage

HB2606- 117 -LRB103 26004 LNS 52358 b
1outlined in this subsection (a) other than that authorized
2under Section 1902 of the Social Security Act, 42 U.S.C.
31396a, and the State shall not assume any obligation for the
4cost of the coverage set forth in this subsection (a).
5 (b) This subsection (b) shall become operative if and only
6if subsection (a) becomes inoperative.
7 An individual or group policy of accident and health
8insurance amended, delivered, issued, or renewed in this State
9after the date this subsection (b) becomes operative that
10provides coverage for outpatient services and outpatient
11prescription drugs or devices must provide coverage for the
12insured and any dependent of the insured covered by the policy
13for all outpatient contraceptive services and all outpatient
14contraceptive drugs and devices approved by the Food and Drug
15Administration. Coverage required under this Section may not
16impose any deductible, coinsurance, waiting period, or other
17cost-sharing or limitation that is greater than that required
18for any outpatient service or outpatient prescription drug or
19device otherwise covered by the policy.
20 Nothing in this subsection (b) shall be construed to
21require an insurance company to cover services related to
22permanent sterilization that requires a surgical procedure.
23 As used in this subsection (b), "outpatient contraceptive
24service" means consultations, examinations, procedures, and
25medical services, provided on an outpatient basis and related
26to the use of contraceptive methods (including natural family

HB2606- 118 -LRB103 26004 LNS 52358 b
1planning) to prevent an unintended pregnancy.
2 (c) Nothing in this Section shall be construed to require
3an insurance company to cover services related to an abortion
4as the term "abortion" is defined in Section 1-25 of the
5Illinois Abortion Law of 2023. (Blank).
6 (d) If a plan or issuer utilizes a network of providers,
7nothing in this Section shall be construed to require coverage
8or to prohibit the plan or issuer from imposing cost-sharing
9for items or services described in this Section that are
10provided or delivered by an out-of-network provider, unless
11the plan or issuer does not have in its network a provider who
12is able to or is willing to provide the applicable items or
13services.
14(Source: P.A. 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19.)
15 Section 5-55. The Network Adequacy and Transparency Act is
16amended by changing Section 10 as follows:
17 (215 ILCS 124/10)
18 Sec. 10. Network adequacy.
19 (a) An insurer providing a network plan shall file a
20description of all of the following with the Director:
21 (1) The written policies and procedures for adding
22 providers to meet patient needs based on increases in the
23 number of beneficiaries, changes in the
24 patient-to-provider ratio, changes in medical and health

HB2606- 119 -LRB103 26004 LNS 52358 b
1 care capabilities, and increased demand for services.
2 (2) The written policies and procedures for making
3 referrals within and outside the network.
4 (3) The written policies and procedures on how the
5 network plan will provide 24-hour, 7-day per week access
6 to network-affiliated primary care, emergency services,
7 and women's principal health care providers.
8 An insurer shall not prohibit a preferred provider from
9discussing any specific or all treatment options with
10beneficiaries irrespective of the insurer's position on those
11treatment options or from advocating on behalf of
12beneficiaries within the utilization review, grievance, or
13appeals processes established by the insurer in accordance
14with any rights or remedies available under applicable State
15or federal law.
16 (b) Insurers must file for review a description of the
17services to be offered through a network plan. The description
18shall include all of the following:
19 (1) A geographic map of the area proposed to be served
20 by the plan by county service area and zip code, including
21 marked locations for preferred providers.
22 (2) As deemed necessary by the Department, the names,
23 addresses, phone numbers, and specialties of the providers
24 who have entered into preferred provider agreements under
25 the network plan.
26 (3) The number of beneficiaries anticipated to be

HB2606- 120 -LRB103 26004 LNS 52358 b
1 covered by the network plan.
2 (4) An Internet website and toll-free telephone number
3 for beneficiaries and prospective beneficiaries to access
4 current and accurate lists of preferred providers,
5 additional information about the plan, as well as any
6 other information required by Department rule.
7 (5) A description of how health care services to be
8 rendered under the network plan are reasonably accessible
9 and available to beneficiaries. The description shall
10 address all of the following:
11 (A) the type of health care services to be
12 provided by the network plan;
13 (B) the ratio of physicians and other providers to
14 beneficiaries, by specialty and including primary care
15 physicians and facility-based physicians when
16 applicable under the contract, necessary to meet the
17 health care needs and service demands of the currently
18 enrolled population;
19 (C) the travel and distance standards for plan
20 beneficiaries in county service areas; and
21 (D) a description of how the use of telemedicine,
22 telehealth, or mobile care services may be used to
23 partially meet the network adequacy standards, if
24 applicable.
25 (6) A provision ensuring that whenever a beneficiary
26 has made a good faith effort, as evidenced by accessing

HB2606- 121 -LRB103 26004 LNS 52358 b
1 the provider directory, calling the network plan, and
2 calling the provider, to utilize preferred providers for a
3 covered service and it is determined the insurer does not
4 have the appropriate preferred providers due to
5 insufficient number, type, or unreasonable travel distance
6 or delay, or preferred providers refusing to provide a
7 covered service because it is contrary to the conscience
8 of the preferred providers, as protected by the Health
9 Care Right of Conscience Act, the insurer shall ensure,
10 directly or indirectly, by terms contained in the payer
11 contract, that the beneficiary will be provided the
12 covered service at no greater cost to the beneficiary than
13 if the service had been provided by a preferred provider.
14 This paragraph (6) does not apply to: (A) a beneficiary
15 who willfully chooses to access a non-preferred provider
16 for health care services available through the panel of
17 preferred providers, or (B) a beneficiary enrolled in a
18 health maintenance organization. In these circumstances,
19 the contractual requirements for non-preferred provider
20 reimbursements shall apply unless Section 356z.3a of the
21 Illinois Insurance Code requires otherwise. In no event
22 shall a beneficiary who receives care at a participating
23 health care facility be required to search for
24 participating providers under the circumstances described
25 in subsection (b) or (b-5) of Section 356z.3a of the
26 Illinois Insurance Code except under the circumstances

HB2606- 122 -LRB103 26004 LNS 52358 b
1 described in paragraph (2) of subsection (b-5).
2 (7) A provision that the beneficiary shall receive
3 emergency care coverage such that payment for this
4 coverage is not dependent upon whether the emergency
5 services are performed by a preferred or non-preferred
6 provider and the coverage shall be at the same benefit
7 level as if the service or treatment had been rendered by a
8 preferred provider. For purposes of this paragraph (7),
9 "the same benefit level" means that the beneficiary is
10 provided the covered service at no greater cost to the
11 beneficiary than if the service had been provided by a
12 preferred provider. This provision shall be consistent
13 with Section 356z.3a of the Illinois Insurance Code.
14 (8) A limitation that, if the plan provides that the
15 beneficiary will incur a penalty for failing to
16 pre-certify inpatient hospital treatment, the penalty may
17 not exceed $1,000 per occurrence in addition to the plan
18 cost sharing provisions.
19 (c) The network plan shall demonstrate to the Director a
20minimum ratio of providers to plan beneficiaries as required
21by the Department.
22 (1) The ratio of physicians or other providers to plan
23 beneficiaries shall be established annually by the
24 Department in consultation with the Department of Public
25 Health based upon the guidance from the federal Centers
26 for Medicare and Medicaid Services. The Department shall

HB2606- 123 -LRB103 26004 LNS 52358 b
1 not establish ratios for vision or dental providers who
2 provide services under dental-specific or vision-specific
3 benefits. The Department shall consider establishing
4 ratios for the following physicians or other providers:
5 (A) Primary Care;
6 (B) Pediatrics;
7 (C) Cardiology;
8 (D) Gastroenterology;
9 (E) General Surgery;
10 (F) Neurology;
11 (G) OB/GYN;
12 (H) Oncology/Radiation;
13 (I) Ophthalmology;
14 (J) Urology;
15 (K) Behavioral Health;
16 (L) Allergy/Immunology;
17 (M) Chiropractic;
18 (N) Dermatology;
19 (O) Endocrinology;
20 (P) Ears, Nose, and Throat (ENT)/Otolaryngology;
21 (Q) Infectious Disease;
22 (R) Nephrology;
23 (S) Neurosurgery;
24 (T) Orthopedic Surgery;
25 (U) Physiatry/Rehabilitative;
26 (V) Plastic Surgery;

HB2606- 124 -LRB103 26004 LNS 52358 b
1 (W) Pulmonary;
2 (X) Rheumatology;
3 (Y) Anesthesiology;
4 (Z) Pain Medicine;
5 (AA) Pediatric Specialty Services;
6 (BB) Outpatient Dialysis; and
7 (CC) HIV.
8 (2) The Director shall establish a process for the
9 review of the adequacy of these standards, along with an
10 assessment of additional specialties to be included in the
11 list under this subsection (c).
12 (d) The network plan shall demonstrate to the Director
13maximum travel and distance standards for plan beneficiaries,
14which shall be established annually by the Department in
15consultation with the Department of Public Health based upon
16the guidance from the federal Centers for Medicare and
17Medicaid Services. These standards shall consist of the
18maximum minutes or miles to be traveled by a plan beneficiary
19for each county type, such as large counties, metro counties,
20or rural counties as defined by Department rule.
21 The maximum travel time and distance standards must
22include standards for each physician and other provider
23category listed for which ratios have been established.
24 The Director shall establish a process for the review of
25the adequacy of these standards along with an assessment of
26additional specialties to be included in the list under this

HB2606- 125 -LRB103 26004 LNS 52358 b
1subsection (d).
2 (d-5)(1) Every insurer shall ensure that beneficiaries
3have timely and proximate access to treatment for mental,
4emotional, nervous, or substance use disorders or conditions
5in accordance with the provisions of paragraph (4) of
6subsection (a) of Section 370c of the Illinois Insurance Code.
7Insurers shall use a comparable process, strategy, evidentiary
8standard, and other factors in the development and application
9of the network adequacy standards for timely and proximate
10access to treatment for mental, emotional, nervous, or
11substance use disorders or conditions and those for the access
12to treatment for medical and surgical conditions. As such, the
13network adequacy standards for timely and proximate access
14shall equally be applied to treatment facilities and providers
15for mental, emotional, nervous, or substance use disorders or
16conditions and specialists providing medical or surgical
17benefits pursuant to the parity requirements of Section 370c.1
18of the Illinois Insurance Code and the federal Paul Wellstone
19and Pete Domenici Mental Health Parity and Addiction Equity
20Act of 2008. Notwithstanding the foregoing, the network
21adequacy standards for timely and proximate access to
22treatment for mental, emotional, nervous, or substance use
23disorders or conditions shall, at a minimum, satisfy the
24following requirements:
25 (A) For beneficiaries residing in the metropolitan
26 counties of Cook, DuPage, Kane, Lake, McHenry, and Will,

HB2606- 126 -LRB103 26004 LNS 52358 b
1 network adequacy standards for timely and proximate access
2 to treatment for mental, emotional, nervous, or substance
3 use disorders or conditions means a beneficiary shall not
4 have to travel longer than 30 minutes or 30 miles from the
5 beneficiary's residence to receive outpatient treatment
6 for mental, emotional, nervous, or substance use disorders
7 or conditions. Beneficiaries shall not be required to wait
8 longer than 10 business days between requesting an initial
9 appointment and being seen by the facility or provider of
10 mental, emotional, nervous, or substance use disorders or
11 conditions for outpatient treatment or to wait longer than
12 20 business days between requesting a repeat or follow-up
13 appointment and being seen by the facility or provider of
14 mental, emotional, nervous, or substance use disorders or
15 conditions for outpatient treatment; however, subject to
16 the protections of paragraph (3) of this subsection, a
17 network plan shall not be held responsible if the
18 beneficiary or provider voluntarily chooses to schedule an
19 appointment outside of these required time frames.
20 (B) For beneficiaries residing in Illinois counties
21 other than those counties listed in subparagraph (A) of
22 this paragraph, network adequacy standards for timely and
23 proximate access to treatment for mental, emotional,
24 nervous, or substance use disorders or conditions means a
25 beneficiary shall not have to travel longer than 60
26 minutes or 60 miles from the beneficiary's residence to

HB2606- 127 -LRB103 26004 LNS 52358 b
1 receive outpatient treatment for mental, emotional,
2 nervous, or substance use disorders or conditions.
3 Beneficiaries shall not be required to wait longer than 10
4 business days between requesting an initial appointment
5 and being seen by the facility or provider of mental,
6 emotional, nervous, or substance use disorders or
7 conditions for outpatient treatment or to wait longer than
8 20 business days between requesting a repeat or follow-up
9 appointment and being seen by the facility or provider of
10 mental, emotional, nervous, or substance use disorders or
11 conditions for outpatient treatment; however, subject to
12 the protections of paragraph (3) of this subsection, a
13 network plan shall not be held responsible if the
14 beneficiary or provider voluntarily chooses to schedule an
15 appointment outside of these required time frames.
16 (2) For beneficiaries residing in all Illinois counties,
17network adequacy standards for timely and proximate access to
18treatment for mental, emotional, nervous, or substance use
19disorders or conditions means a beneficiary shall not have to
20travel longer than 60 minutes or 60 miles from the
21beneficiary's residence to receive inpatient or residential
22treatment for mental, emotional, nervous, or substance use
23disorders or conditions.
24 (3) If there is no in-network facility or provider
25available for a beneficiary to receive timely and proximate
26access to treatment for mental, emotional, nervous, or

HB2606- 128 -LRB103 26004 LNS 52358 b
1substance use disorders or conditions in accordance with the
2network adequacy standards outlined in this subsection, the
3insurer shall provide necessary exceptions to its network to
4ensure admission and treatment with a provider or at a
5treatment facility in accordance with the network adequacy
6standards in this subsection.
7 (e) Except for network plans solely offered as a group
8health plan, these ratio and time and distance standards apply
9to the lowest cost-sharing tier of any tiered network.
10 (f) The network plan may consider use of other health care
11service delivery options, such as telemedicine or telehealth,
12mobile clinics, and centers of excellence, or other ways of
13delivering care to partially meet the requirements set under
14this Section.
15 (g) Except for the requirements set forth in subsection
16(d-5), insurers who are not able to comply with the provider
17ratios and time and distance standards established by the
18Department may request an exception to these requirements from
19the Department. The Department may grant an exception in the
20following circumstances:
21 (1) if no providers or facilities meet the specific
22 time and distance standard in a specific service area and
23 the insurer (i) discloses information on the distance and
24 travel time points that beneficiaries would have to travel
25 beyond the required criterion to reach the next closest
26 contracted provider outside of the service area and (ii)

HB2606- 129 -LRB103 26004 LNS 52358 b
1 provides contact information, including names, addresses,
2 and phone numbers for the next closest contracted provider
3 or facility;
4 (2) if patterns of care in the service area do not
5 support the need for the requested number of provider or
6 facility type and the insurer provides data on local
7 patterns of care, such as claims data, referral patterns,
8 or local provider interviews, indicating where the
9 beneficiaries currently seek this type of care or where
10 the physicians currently refer beneficiaries, or both; or
11 (3) other circumstances deemed appropriate by the
12 Department consistent with the requirements of this Act.
13 (h) Insurers are required to report to the Director any
14material change to an approved network plan within 15 days
15after the change occurs and any change that would result in
16failure to meet the requirements of this Act. Upon notice from
17the insurer, the Director shall reevaluate the network plan's
18compliance with the network adequacy and transparency
19standards of this Act.
20(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
21102-1117, eff. 1-13-23.)
22 Section 5-60. The Health Maintenance Organization Act is
23amended by changing Section 5-3 as follows:
24 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

HB2606- 130 -LRB103 26004 LNS 52358 b
1 Sec. 5-3. Insurance Code provisions.
2 (a) Health Maintenance Organizations shall be subject to
3the provisions of Sections 133, 134, 136, 137, 139, 140,
4141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
5154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,
6355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x,
7356y, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
8356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
9356z.15, 356z.17, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
10356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
11356z.35, 356z.36, 356z.40, 356z.41, 356z.46, 356z.47, 356z.48,
12356z.50, 356z.51, 256z.53, 356z.54, 356z.56, 356z.57, 356z.59,
13356z.60, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,
14368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,
15408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
16subsection (2) of Section 367, and Articles IIA, VIII 1/2,
17XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the
18Illinois Insurance Code.
19 (b) For purposes of the Illinois Insurance Code, except
20for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
21Health Maintenance Organizations in the following categories
22are deemed to be "domestic companies":
23 (1) a corporation authorized under the Dental Service
24 Plan Act or the Voluntary Health Services Plans Act;
25 (2) a corporation organized under the laws of this
26 State; or

HB2606- 131 -LRB103 26004 LNS 52358 b
1 (3) a corporation organized under the laws of another
2 state, 30% or more of the enrollees of which are residents
3 of this State, except a corporation subject to
4 substantially the same requirements in its state of
5 organization as is a "domestic company" under Article VIII
6 1/2 of the Illinois Insurance Code.
7 (c) In considering the merger, consolidation, or other
8acquisition of control of a Health Maintenance Organization
9pursuant to Article VIII 1/2 of the Illinois Insurance Code,
10 (1) the Director shall give primary consideration to
11 the continuation of benefits to enrollees and the
12 financial conditions of the acquired Health Maintenance
13 Organization after the merger, consolidation, or other
14 acquisition of control takes effect;
15 (2)(i) the criteria specified in subsection (1)(b) of
16 Section 131.8 of the Illinois Insurance Code shall not
17 apply and (ii) the Director, in making his determination
18 with respect to the merger, consolidation, or other
19 acquisition of control, need not take into account the
20 effect on competition of the merger, consolidation, or
21 other acquisition of control;
22 (3) the Director shall have the power to require the
23 following information:
24 (A) certification by an independent actuary of the
25 adequacy of the reserves of the Health Maintenance
26 Organization sought to be acquired;

HB2606- 132 -LRB103 26004 LNS 52358 b
1 (B) pro forma financial statements reflecting the
2 combined balance sheets of the acquiring company and
3 the Health Maintenance Organization sought to be
4 acquired as of the end of the preceding year and as of
5 a date 90 days prior to the acquisition, as well as pro
6 forma financial statements reflecting projected
7 combined operation for a period of 2 years;
8 (C) a pro forma business plan detailing an
9 acquiring party's plans with respect to the operation
10 of the Health Maintenance Organization sought to be
11 acquired for a period of not less than 3 years; and
12 (D) such other information as the Director shall
13 require.
14 (d) The provisions of Article VIII 1/2 of the Illinois
15Insurance Code and this Section 5-3 shall apply to the sale by
16any health maintenance organization of greater than 10% of its
17enrollee population (including without limitation the health
18maintenance organization's right, title, and interest in and
19to its health care certificates).
20 (e) In considering any management contract or service
21agreement subject to Section 141.1 of the Illinois Insurance
22Code, the Director (i) shall, in addition to the criteria
23specified in Section 141.2 of the Illinois Insurance Code,
24take into account the effect of the management contract or
25service agreement on the continuation of benefits to enrollees
26and the financial condition of the health maintenance

HB2606- 133 -LRB103 26004 LNS 52358 b
1organization to be managed or serviced, and (ii) need not take
2into account the effect of the management contract or service
3agreement on competition.
4 (f) Except for small employer groups as defined in the
5Small Employer Rating, Renewability and Portability Health
6Insurance Act and except for medicare supplement policies as
7defined in Section 363 of the Illinois Insurance Code, a
8Health Maintenance Organization may by contract agree with a
9group or other enrollment unit to effect refunds or charge
10additional premiums under the following terms and conditions:
11 (i) the amount of, and other terms and conditions with
12 respect to, the refund or additional premium are set forth
13 in the group or enrollment unit contract agreed in advance
14 of the period for which a refund is to be paid or
15 additional premium is to be charged (which period shall
16 not be less than one year); and
17 (ii) the amount of the refund or additional premium
18 shall not exceed 20% of the Health Maintenance
19 Organization's profitable or unprofitable experience with
20 respect to the group or other enrollment unit for the
21 period (and, for purposes of a refund or additional
22 premium, the profitable or unprofitable experience shall
23 be calculated taking into account a pro rata share of the
24 Health Maintenance Organization's administrative and
25 marketing expenses, but shall not include any refund to be
26 made or additional premium to be paid pursuant to this

HB2606- 134 -LRB103 26004 LNS 52358 b
1 subsection (f)). The Health Maintenance Organization and
2 the group or enrollment unit may agree that the profitable
3 or unprofitable experience may be calculated taking into
4 account the refund period and the immediately preceding 2
5 plan years.
6 The Health Maintenance Organization shall include a
7statement in the evidence of coverage issued to each enrollee
8describing the possibility of a refund or additional premium,
9and upon request of any group or enrollment unit, provide to
10the group or enrollment unit a description of the method used
11to calculate (1) the Health Maintenance Organization's
12profitable experience with respect to the group or enrollment
13unit and the resulting refund to the group or enrollment unit
14or (2) the Health Maintenance Organization's unprofitable
15experience with respect to the group or enrollment unit and
16the resulting additional premium to be paid by the group or
17enrollment unit.
18 In no event shall the Illinois Health Maintenance
19Organization Guaranty Association be liable to pay any
20contractual obligation of an insolvent organization to pay any
21refund authorized under this Section.
22 (g) Rulemaking authority to implement Public Act 95-1045,
23if any, is conditioned on the rules being adopted in
24accordance with all provisions of the Illinois Administrative
25Procedure Act and all rules and procedures of the Joint
26Committee on Administrative Rules; any purported rule not so

HB2606- 135 -LRB103 26004 LNS 52358 b
1adopted, for whatever reason, is unauthorized.
2(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
3101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.
41-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,
5eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
6102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
71-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
8eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
9102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
101-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
11eff. 1-1-23; 102-1117, eff. 1-13-23; revised 1-22-23.)
12 Section 5-65. The Limited Health Service Organization Act
13is amended by changing Section 4003 as follows:
14 (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
15 Sec. 4003. Illinois Insurance Code provisions. Limited
16health service organizations shall be subject to the
17provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
18141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
19154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3,
20355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21, 356z.22,
21356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
22356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.57,
23356z.59, 364.3, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2,
24409, 412, 444, and 444.1 and Articles IIA, VIII 1/2, XII, XII

HB2606- 136 -LRB103 26004 LNS 52358 b
11/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance
2Code. Nothing in this Section shall require a limited health
3care plan to cover any service that is not a limited health
4service. For purposes of the Illinois Insurance Code, except
5for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
6limited health service organizations in the following
7categories are deemed to be domestic companies:
8 (1) a corporation under the laws of this State; or
9 (2) a corporation organized under the laws of another
10 state, 30% or more of the enrollees of which are residents
11 of this State, except a corporation subject to
12 substantially the same requirements in its state of
13 organization as is a domestic company under Article VIII
14 1/2 of the Illinois Insurance Code.
15(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
16101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff.
171-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642,
18eff. 1-1-22; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
19102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff.
201-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
21 Section 5-70. The Voluntary Health Services Plans Act is
22amended by changing Section 10 as follows:
23 (215 ILCS 165/10) (from Ch. 32, par. 604)
24 Sec. 10. Application of Insurance Code provisions. Health

HB2606- 137 -LRB103 26004 LNS 52358 b
1services plan corporations and all persons interested therein
2or dealing therewith shall be subject to the provisions of
3Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
4143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
5356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
6356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
7356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
8356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
9356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
10356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
11356z.56, 356z.57, 356z.59, 356z.60, 364.01, 364.3, 367.2,
12368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
13paragraphs (7) and (15) of Section 367 of the Illinois
14Insurance Code.
15 Rulemaking authority to implement Public Act 95-1045, if
16any, is conditioned on the rules being adopted in accordance
17with all provisions of the Illinois Administrative Procedure
18Act and all rules and procedures of the Joint Committee on
19Administrative Rules; any purported rule not so adopted, for
20whatever reason, is unauthorized.
21(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
22101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff.
231-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306,
24eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21;
25102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff.
261-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,

HB2606- 138 -LRB103 26004 LNS 52358 b
1eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. 1-1-23;
2102-1117, eff. 1-13-23.)
3 Section 5-75. The Behavior Analyst Licensing Act is
4amended by changing Section 60 as follows:
5 (225 ILCS 6/60)
6 (Section scheduled to be repealed on January 1, 2028)
7 Sec. 60. Grounds for disciplinary action.
8 (a) The Department may refuse to issue or renew a license,
9or may suspend, revoke, place on probation, reprimand, or take
10any other disciplinary or nondisciplinary action deemed
11appropriate by the Department, including the imposition of
12fines not to exceed $10,000 for each violation, with regard to
13any license issued under the provisions of this Act for any one
14or a combination of the following grounds:
15 (1) material misstatements in furnishing information
16 to the Department or to any other State agency or in
17 furnishing information to any insurance company with
18 respect to a claim on behalf of a licensee or a patient;
19 (2) violations or negligent or intentional disregard
20 of this Act or its rules;
21 (3) conviction of or entry of a plea of guilty or nolo
22 contendere, finding of guilt, jury verdict, or entry of
23 judgment or sentencing, including, but not limited to,
24 convictions, preceding sentences of supervision,

HB2606- 139 -LRB103 26004 LNS 52358 b
1 conditional discharge, or first offender probation, under
2 the laws of any jurisdiction of the United States that is
3 (i) a felony or (ii) a misdemeanor, an essential element
4 of which is dishonesty, or that is directly related to the
5 practice of behavior analysis;
6 (4) fraud or misrepresentation in applying for or
7 procuring a license under this Act or in connection with
8 applying for renewal or restoration of a license under
9 this Act;
10 (5) professional incompetence;
11 (6) gross negligence in practice under this Act;
12 (7) aiding or assisting another person in violating
13 any provision of this Act or its rules;
14 (8) failing to provide information within 60 days in
15 response to a written request made by the Department;
16 (9) engaging in dishonorable, unethical, or
17 unprofessional conduct of a character likely to deceive,
18 defraud, or harm the public as defined by the rules of the
19 Department or violating the rules of professional conduct
20 adopted by the Department;
21 (10) habitual or excessive use or abuse of drugs
22 defined in law as controlled substances, of alcohol, or of
23 any other substances that results in the inability to
24 practice with reasonable judgment, skill, or safety;
25 (11) adverse action taken by another state or
26 jurisdiction if at least one of the grounds for the

HB2606- 140 -LRB103 26004 LNS 52358 b
1 discipline is the same or substantially equivalent to
2 those set forth in this Section;
3 (12) directly or indirectly giving to or receiving
4 from any person, firm, corporation, partnership, or
5 association any fee, commission, rebate, or other form of
6 compensation for any professional service not actually
7 rendered; nothing in this paragraph affects any bona fide
8 independent contractor or employment arrangements among
9 health care professionals, health facilities, health care
10 providers, or other entities, except as otherwise
11 prohibited by law; any employment arrangements may include
12 provisions for compensation, health insurance, pension, or
13 other employment benefits for the provision of services
14 within the scope of the licensee's practice under this
15 Act; nothing in this paragraph shall be construed to
16 require an employment arrangement to receive professional
17 fees for services rendered;
18 (13) a finding by the Department that the licensee,
19 after having the license placed on probationary status,
20 has violated the terms of probation or failed to comply
21 with those terms;
22 (14) abandonment, without cause, of a client;
23 (15) willfully making or filing false records or
24 reports relating to a licensee's practice, including, but
25 not limited to, false records filed with federal or State
26 agencies or departments;

HB2606- 141 -LRB103 26004 LNS 52358 b
1 (16) willfully failing to report an instance of
2 suspected child abuse or neglect as required by the Abused
3 and Neglected Child Reporting Act;
4 (17) 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 (18) physical illness, mental illness, or any other
12 impairment or disability, including, but not limited to,
13 deterioration through the aging process, or loss of motor
14 skills that results in the inability to practice the
15 profession with reasonable judgment, skill, or safety;
16 (19) solicitation of professional services by using
17 false or misleading advertising;
18 (20) violation of the Health Care Worker Self-Referral
19 Act;
20 (21) 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; or
24 (22) being named as an abuser in a verified report by
25 the Department on Aging under the Adult Protective
26 Services Act, and upon proof by clear and convincing

HB2606- 142 -LRB103 26004 LNS 52358 b
1 evidence that the licensee abused, neglected, or
2 financially exploited an eligible adult as defined in the
3 Adult Protective Services Act.
4 (b) The determination by a court that a licensee is
5subject to involuntary admission or judicial admission as
6provided in the Mental Health and Developmental Disabilities
7Code shall result in an automatic suspension of the licensee's
8license. The suspension shall end upon a finding by a court
9that the licensee is no longer subject to involuntary
10admission or judicial admission and issues an order so finding
11and discharging the patient, and upon the recommendation of
12the Board to the Secretary that the licensee be allowed to
13resume professional practice.
14 (c) The Department shall refuse to issue or renew or may
15suspend the license of a person who (i) fails to file a tax
16return, pay the tax, penalty, or interest shown in a filed tax
17return, or pay any final assessment of tax, penalty, or
18interest, as required by any tax Act administered by the
19Department of Revenue, until the requirements of the tax Act
20are satisfied or (ii) has failed to pay any court-ordered
21child support as determined by a court order or by referral
22from the Department of Healthcare and Family Services.
23 (c-1) The Department shall not revoke, suspend, place on
24probation, reprimand, refuse to issue or renew, or take any
25other disciplinary or non-disciplinary action against the
26license or permit issued under this Act based solely upon the

HB2606- 143 -LRB103 26004 LNS 52358 b
1licensed behavior analyst recommending, aiding, assisting,
2referring for, or participating in any health care service, so
3long as the care was not unlawful under the laws of this State,
4regardless of whether the patient was a resident of this State
5or another state.
6 (c-2) The Department shall not revoke, suspend, place on
7prohibition, reprimand, refuse to issue or renew, or take any
8other disciplinary or non-disciplinary action against the
9license or permit issued under this Act to practice as a
10licensed behavior analyst based upon the licensed behavior
11analyst's license being revoked or suspended, or the licensed
12behavior analyst being otherwise disciplined by any other
13state, if that revocation, suspension, or other form of
14discipline was based solely on the licensed behavior analyst
15violating another state's laws prohibiting the provision of,
16authorization of, recommendation of, aiding or assisting in,
17referring for, or participation in any health care service if
18that health care service as provided would not have been
19unlawful under the laws of this State and is consistent with
20the standards of conduct for a licensed behavior analyst
21practicing in Illinois.
22 (c-3) The conduct specified in subsections (c-1) and (c-2)
23shall not constitute grounds for suspension under Section 125.
24 (c-4) The Department shall not revoke, suspend, summarily
25suspend, place on prohibition, reprimand, refuse to issue or
26renew, or take any other disciplinary or non-disciplinary

HB2606- 144 -LRB103 26004 LNS 52358 b
1action against the license or permit issued under this Act to
2practice as a licensed behavior analyst based solely upon the
3license of a licensed behavior analyst being revoked or the
4licensed behavior analyst being otherwise disciplined by any
5other state or territory other than Illinois for the referral
6for or having otherwise participated in any health care
7service, if the revocation or disciplinary action was based
8solely on a violation of the other state's law prohibiting
9such health care services in the state, for a resident of the
10state, or in any other state.
11 (d) In enforcing this Section, the Department, upon a
12showing of a possible violation, may compel a person licensed
13to practice under this Act, or who has applied for licensure
14under this Act, to submit to a mental or physical examination,
15or both, which may include a substance abuse or sexual
16offender evaluation, as required by and at the expense of the
17Department.
18 (1) The Department shall specifically designate the
19 examining physician licensed to practice medicine in all
20 of its branches or, if applicable, the multidisciplinary
21 team involved in providing the mental or physical
22 examination or both. The multidisciplinary team shall be
23 led by a physician licensed to practice medicine in all of
24 its branches and may consist of one or more or a
25 combination of physicians licensed to practice medicine in
26 all of its branches, licensed clinical psychologists,

HB2606- 145 -LRB103 26004 LNS 52358 b
1 licensed clinical professional counselors, and other
2 professional and administrative staff. Any examining
3 physician or member of the multidisciplinary team may
4 require any person ordered to submit to an examination
5 pursuant to this Section to submit to any additional
6 supplemental testing deemed necessary to complete any
7 examination or evaluation process, including, but not
8 limited to, blood testing, urinalysis, psychological
9 testing, or neuropsychological testing.
10 (2) The Department may order the examining physician
11 or any member of the multidisciplinary team to present
12 testimony concerning this mental or physical examination
13 of the licensee or applicant. No information, report,
14 record, or other documents in any way related to the
15 examination shall be excluded by reason of any common law
16 or statutory privilege relating to communications between
17 the licensee or applicant and the examining physician or
18 any member of the multidisciplinary team. No authorization
19 is necessary from the licensee or applicant ordered to
20 undergo an examination for the examining physician or any
21 member of the multidisciplinary team to provide
22 information, reports, records, or other documents or to
23 provide any testimony regarding the examination and
24 evaluation.
25 (3) The person to be examined may have, at the
26 person's own expense, another physician of the person's

HB2606- 146 -LRB103 26004 LNS 52358 b
1 choice present during all aspects of the examination.
2 However, that physician shall be present only to observe
3 and may not interfere in any way with the examination.
4 (4) The failure of any person to submit to a mental or
5 physical examination without reasonable cause, when
6 ordered, shall result in an automatic suspension of the
7 person's license until the person submits to the
8 examination.
9 (e) If the Department finds a person unable to practice
10because of the reasons set forth in this Section, the
11Department or Board may require that person to submit to care,
12counseling, or treatment by physicians approved or designated
13by the Department or Board, as a condition, term, or
14restriction for continued, reinstated, or renewed licensure to
15practice; or, in lieu of care, counseling, or treatment, the
16Department may file, or the Board may recommend to the
17Department to file, a complaint to immediately suspend,
18revoke, or otherwise discipline the license of the person. Any
19person whose license was granted, continued, reinstated,
20renewed, disciplined, or supervised subject to the terms,
21conditions, or restrictions, and who fails to comply with the
22terms, conditions, or restrictions, shall be referred to the
23Secretary for a determination as to whether the person shall
24have the person's license suspended immediately, pending a
25hearing by the Department.
26 (f) All fines imposed shall be paid within 60 days after

HB2606- 147 -LRB103 26004 LNS 52358 b
1the effective date of the order imposing the fine or in
2accordance with the terms set forth in the order imposing the
3fine.
4 If the Secretary immediately suspends a person's license
5under this subsection, a hearing on that person's license must
6be convened by the Department within 30 days after the
7suspension and completed without appreciable delay. The
8Department and Board shall have the authority to review the
9subject person's record of treatment and counseling regarding
10the impairment, to the extent permitted by applicable federal
11statutes and regulations safeguarding the confidentiality of
12medical records.
13 A person licensed under this Act and affected under this
14Section shall be afforded an opportunity to demonstrate to the
15Department or Board that the person can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions of the person's license.
18 (g) The Department may adopt rules to implement the
19changes made by this amendatory Act of the 102nd General
20Assembly.
21(Source: P.A. 102-953, eff. 5-27-22; 102-1117, eff. 1-13-23.)
22 Section 5-80. The Clinical Psychologist Licensing Act is
23amended by changing Section 15 as follows:
24 (225 ILCS 15/15) (from Ch. 111, par. 5365)

HB2606- 148 -LRB103 26004 LNS 52358 b
1 (Section scheduled to be repealed on January 1, 2027)
2 Sec. 15. Disciplinary action; grounds.
3 (a) The Department may refuse to issue, refuse to renew,
4suspend, or revoke any license, or may place on probation,
5reprimand, or take other disciplinary or non-disciplinary
6action deemed appropriate by the Department, including the
7imposition of fines not to exceed $10,000 for each violation,
8with regard to any license issued under the provisions of this
9Act for any one or a combination of the following reasons:
10 (1) Conviction of, or entry of a plea of guilty or nolo
11 contendere to, any crime that is a felony under the laws of
12 the United States or any state or territory thereof or
13 that is a misdemeanor of which an essential element is
14 dishonesty, or any crime that is directly related to the
15 practice of the profession.
16 (2) Gross negligence in the rendering of clinical
17 psychological services.
18 (3) Using fraud or making any misrepresentation in
19 applying for a license or in passing the examination
20 provided for in this Act.
21 (4) Aiding or abetting or conspiring to aid or abet a
22 person, not a clinical psychologist licensed under this
23 Act, in representing himself or herself as so licensed or
24 in applying for a license under this Act.
25 (5) Violation of any provision of this Act or the
26 rules promulgated thereunder.

HB2606- 149 -LRB103 26004 LNS 52358 b
1 (6) Professional connection or association with any
2 person, firm, association, partnership or corporation
3 holding himself, herself, themselves, or itself out in any
4 manner contrary to this Act.
5 (7) Unethical, unauthorized or unprofessional conduct
6 as defined by rule. In establishing those rules, the
7 Department shall consider, though is not bound by, the
8 ethical standards for psychologists promulgated by
9 recognized national psychology associations.
10 (8) Aiding or assisting another person in violating
11 any provisions of this Act or the rules promulgated
12 thereunder.
13 (9) Failing to provide, within 60 days, information in
14 response to a written request made by the Department.
15 (10) Habitual or excessive use or addiction to
16 alcohol, narcotics, stimulants, or any other chemical
17 agent or drug that results in a clinical psychologist's
18 inability to practice with reasonable judgment, skill or
19 safety.
20 (11) Discipline by another state, territory, the
21 District of Columbia or foreign country, if at least one
22 of the grounds for the discipline is the same or
23 substantially equivalent to those set forth herein.
24 (12) Directly or indirectly giving or receiving from
25 any person, firm, corporation, association or partnership
26 any fee, commission, rebate, or other form of compensation

HB2606- 150 -LRB103 26004 LNS 52358 b
1 for any professional service not actually or personally
2 rendered. Nothing in this paragraph (12) affects any bona
3 fide independent contractor or employment arrangements
4 among health care professionals, health facilities, health
5 care providers, or other entities, except as otherwise
6 prohibited by law. Any employment arrangements may include
7 provisions for compensation, health insurance, pension, or
8 other employment benefits for the provision of services
9 within the scope of the licensee's practice under this
10 Act. Nothing in this paragraph (12) shall be construed to
11 require an employment arrangement to receive professional
12 fees for services rendered.
13 (13) A finding that the licensee, after having his or
14 her license placed on probationary status, has violated
15 the terms of probation.
16 (14) Willfully making or filing false records or
17 reports, including but not limited to, false records or
18 reports filed with State agencies or departments.
19 (15) Physical illness, including but not limited to,
20 deterioration through the aging process, mental illness or
21 disability that results in the inability to practice the
22 profession with reasonable judgment, skill and safety.
23 (16) Willfully failing to report an instance of
24 suspected child abuse or neglect as required by the Abused
25 and Neglected Child Reporting Act.
26 (17) Being named as a perpetrator in an indicated

HB2606- 151 -LRB103 26004 LNS 52358 b
1 report by the Department of Children and Family Services
2 pursuant to the Abused and Neglected Child Reporting Act,
3 and upon proof by clear and convincing evidence that the
4 licensee has caused a child to be an abused child or
5 neglected child as defined in the Abused and Neglected
6 Child Reporting Act.
7 (18) Violation of the Health Care Worker Self-Referral
8 Act.
9 (19) Making a material misstatement in furnishing
10 information to the Department, any other State or federal
11 agency, or any other entity.
12 (20) Failing to report to the Department any adverse
13 judgment, settlement, or award arising from a liability
14 claim related to an act or conduct similar to an act or
15 conduct that would constitute grounds for action as set
16 forth in this Section.
17 (21) Failing to report to the Department any adverse
18 final action taken against a licensee or applicant by
19 another licensing jurisdiction, including any other state
20 or territory of the United States or any foreign state or
21 country, or any peer review body, health care institution,
22 professional society or association related to the
23 profession, governmental agency, law enforcement agency,
24 or court for an act or conduct similar to an act or conduct
25 that would constitute grounds for disciplinary action as
26 set forth in this Section.

HB2606- 152 -LRB103 26004 LNS 52358 b
1 (22) Prescribing, selling, administering,
2 distributing, giving, or self-administering (A) any drug
3 classified as a controlled substance (designated product)
4 for other than medically accepted therapeutic purposes or
5 (B) any narcotic drug.
6 (23) Violating state or federal laws or regulations
7 relating to controlled substances, legend drugs, or
8 ephedra as defined in the Ephedra Prohibition Act.
9 (24) Exceeding the terms of a collaborative agreement
10 or the prescriptive authority delegated to a licensee by
11 his or her collaborating physician or established under a
12 written collaborative agreement.
13 The entry of an order by any circuit court establishing
14that any person holding a license under this Act is subject to
15involuntary admission or judicial admission as provided for in
16the Mental Health and Developmental Disabilities Code,
17operates as an automatic suspension of that license. That
18person may have his or her license restored only upon the
19determination by a circuit court that the patient is no longer
20subject to involuntary admission or judicial admission and the
21issuance of an order so finding and discharging the patient
22and upon the Board's recommendation to the Department that the
23license be restored. Where the circumstances so indicate, the
24Board may recommend to the Department that it require an
25examination prior to restoring any license so automatically
26suspended.

HB2606- 153 -LRB103 26004 LNS 52358 b
1 The Department shall refuse to issue or suspend the
2license of any person who fails to file a return, or to pay the
3tax, penalty or interest shown in a filed return, or to pay any
4final assessment of the tax penalty or interest, as required
5by any tax Act administered by the Illinois Department of
6Revenue, until such time as the requirements of any such tax
7Act are satisfied.
8 In enforcing this Section, the Department or Board upon a
9showing of a possible violation may compel any person licensed
10to practice under this Act, or who has applied for licensure or
11certification pursuant to this Act, to submit to a mental or
12physical examination, or both, as required by and at the
13expense of the Department. The examining physicians or
14clinical psychologists shall be those specifically designated
15by the Department. The Board or the Department may order the
16examining physician or clinical psychologist to present
17testimony concerning this mental or physical examination of
18the licensee or applicant. No information shall be excluded by
19reason of any common law or statutory privilege relating to
20communications between the licensee or applicant and the
21examining physician or clinical psychologist. The person to be
22examined may have, at his or her own expense, another
23physician or clinical psychologist of his or her choice
24present during all aspects of the examination. Failure of any
25person to submit to a mental or physical examination, when
26directed, shall be grounds for suspension of a license until

HB2606- 154 -LRB103 26004 LNS 52358 b
1the person submits to the examination if the Department or
2Board finds, after notice and hearing, that the refusal to
3submit to the examination was without reasonable cause.
4 If the Department or Board finds a person unable to
5practice because of the reasons set forth in this Section, the
6Department or Board may require that person to submit to care,
7counseling or treatment by physicians or clinical
8psychologists approved or designated by the Department, as a
9condition, term, or restriction for continued, reinstated, or
10renewed licensure to practice; or, in lieu of care, counseling
11or treatment, the Board may recommend to the Department to
12file or the Department may file a complaint to immediately
13suspend, revoke or otherwise discipline the license of the
14person. Any person whose license was granted, continued,
15reinstated, renewed, disciplined or supervised subject to such
16terms, conditions or restrictions, and who fails to comply
17with such terms, conditions or restrictions, shall be referred
18to the Secretary for a determination as to whether the person
19shall have his or her license suspended immediately, pending a
20hearing by the Board.
21 In instances in which the Secretary immediately suspends a
22person's license under this Section, a hearing on that
23person's license must be convened by the Board within 15 days
24after the suspension and completed without appreciable delay.
25The Board shall have the authority to review the subject
26person's record of treatment and counseling regarding the

HB2606- 155 -LRB103 26004 LNS 52358 b
1impairment, to the extent permitted by applicable federal
2statutes and regulations safeguarding the confidentiality of
3medical records.
4 A person licensed under this Act and affected under this
5Section shall be afforded an opportunity to demonstrate to the
6Board that he or she can resume practice in compliance with
7acceptable and prevailing standards under the provisions of
8his or her license.
9 (b) The Department shall not revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action against the
12license or permit issued under this Act based solely upon the
13licensed clinical psychologist recommending, aiding,
14assisting, referring for, or participating in any health care
15service, so long as the care was not unlawful under the laws of
16this State, regardless of whether the patient was a resident
17of this State or another state.
18 (c) The Department shall not revoke, suspend, place on
19prohibition, reprimand, refuse to issue or renew, or take any
20other disciplinary or non-disciplinary action against the
21license or permit issued under this Act to practice as a
22licensed clinical psychologist based upon the licensed
23clinical psychologist's license being revoked or suspended, or
24the licensed clinical psychologist being otherwise disciplined
25by any other state, if that revocation, suspension, or other
26form of discipline was based solely on the licensed clinical

HB2606- 156 -LRB103 26004 LNS 52358 b
1psychologist violating another state's laws prohibiting the
2provision of, authorization of, recommendation of, aiding or
3assisting in, referring for, or participation in any health
4care service if that health care service as provided would not
5have been unlawful under the laws of this State and is
6consistent with the standards of conduct for a licensed
7clinical psychologist practicing in Illinois.
8 (d) The conduct specified in subsections (b) and (c) shall
9not constitute grounds for suspension under Section 21.6.
10 (e) The Department shall not revoke, suspend, summarily
11suspend, place on prohibition, reprimand, refuse to issue or
12renew, or take any other disciplinary or non-disciplinary
13action against the license or permit issued under this Act to
14practice as a licensed clinical psychologist based solely upon
15the license of a licensed clinical psychologist being revoked
16or the licensed clinical psychologist being otherwise
17disciplined by any other state or territory other than
18Illinois for the referral for or having otherwise participated
19in any health care service, if the revocation or disciplinary
20action was based solely on a violation of the other state's law
21prohibiting such health care services in the state, for a
22resident of the state, or in any other state.
23 (f) The Department may adopt rules to implement the
24changes made by this amendatory Act of the 102nd General
25Assembly.
26(Source: P.A. 102-1117, eff. 1-13-23.)

HB2606- 157 -LRB103 26004 LNS 52358 b
1 Section 5-85. The Clinical Social Work and Social Work
2Practice Act is amended by changing Section 19 as follows:
3 (225 ILCS 20/19) (from Ch. 111, par. 6369)
4 (Section scheduled to be repealed on January 1, 2028)
5 Sec. 19. Grounds for disciplinary action.
6 (1) The Department may refuse to issue or renew a license,
7or may suspend, revoke, place on probation, reprimand, or take
8any other disciplinary or non-disciplinary action deemed
9appropriate by the Department, including the imposition of
10fines not to exceed $10,000 for each violation, with regard to
11any license issued under the provisions of this Act for any one
12or a combination of the following grounds:
13 (a) material misstatements in furnishing information
14 to the Department or to any other State agency or in
15 furnishing information to any insurance company with
16 respect to a claim on behalf of a licensee or a patient;
17 (b) violations or negligent or intentional disregard
18 of this Act, or any of the rules promulgated hereunder;
19 (c) conviction of or entry of a plea of guilty or nolo
20 contendere, finding of guilt, jury verdict, or entry of
21 judgment or sentencing, including, but not limited to,
22 convictions, preceding sentences of supervision,
23 conditional discharge, or first offender probation, under
24 the laws of any jurisdiction of the United States that is

HB2606- 158 -LRB103 26004 LNS 52358 b
1 (i) a felony or (ii) a misdemeanor, an essential element
2 of which is dishonesty, or that is directly related to the
3 practice of the clinical social work or social work
4 professions;
5 (d) fraud or misrepresentation in applying for or
6 procuring a license under this Act or in connection with
7 applying for renewal or restoration of a license under
8 this Act;
9 (e) professional incompetence;
10 (f) gross negligence in practice under this Act;
11 (g) aiding or assisting another person in violating
12 any provision of this Act or its rules;
13 (h) failing to provide information within 60 days in
14 response to a written request made by the Department;
15 (i) engaging in dishonorable, unethical or
16 unprofessional conduct of a character likely to deceive,
17 defraud or harm the public as defined by the rules of the
18 Department, or violating the rules of professional conduct
19 adopted by the Department;
20 (j) habitual or excessive use or abuse of drugs
21 defined in law as controlled substances, of alcohol, or of
22 any other substances that results in the inability to
23 practice with reasonable judgment, skill, or safety;
24 (k) adverse action taken by another state or
25 jurisdiction, if at least one of the grounds for the
26 discipline is the same or substantially equivalent to

HB2606- 159 -LRB103 26004 LNS 52358 b
1 those set forth in this Section;
2 (l) directly or indirectly giving to or receiving from
3 any person, firm, corporation, partnership, or association
4 any fee, commission, rebate or other form of compensation
5 for any professional service not actually rendered.
6 Nothing in this paragraph (l) affects any bona fide
7 independent contractor or employment arrangements among
8 health care professionals, health facilities, health care
9 providers, or other entities, except as otherwise
10 prohibited by law. Any employment arrangements may include
11 provisions for compensation, health insurance, pension, or
12 other employment benefits for the provision of services
13 within the scope of the licensee's practice under this
14 Act. Nothing in this paragraph (l) shall be construed to
15 require an employment arrangement to receive professional
16 fees for services rendered;
17 (m) a finding by the Department that the licensee,
18 after having the license placed on probationary status,
19 has violated the terms of probation or failed to comply
20 with such terms;
21 (n) abandonment, without cause, of a client;
22 (o) willfully making or filing false records or
23 reports relating to a licensee's practice, including, but
24 not limited to, false records filed with Federal or State
25 agencies or departments;
26 (p) willfully failing to report an instance of

HB2606- 160 -LRB103 26004 LNS 52358 b
1 suspected child abuse or neglect as required by the Abused
2 and Neglected Child Reporting Act;
3 (q) being named as a perpetrator in an indicated
4 report by the Department of Children and Family Services
5 under the Abused and Neglected Child Reporting Act, and
6 upon proof by clear and convincing evidence that the
7 licensee has caused a child to be an abused child or
8 neglected child as defined in the Abused and Neglected
9 Child Reporting Act;
10 (r) physical illness, mental illness, or any other
11 impairment or disability, including, but not limited to,
12 deterioration through the aging process, or loss of motor
13 skills that results in the inability to practice the
14 profession with reasonable judgment, skill or safety;
15 (s) solicitation of professional services by using
16 false or misleading advertising;
17 (t) violation of the Health Care Worker Self-Referral
18 Act;
19 (u) willfully failing to report an instance of
20 suspected abuse, neglect, financial exploitation, or
21 self-neglect of an eligible adult as defined in and
22 required by the Adult Protective Services Act; or
23 (v) being named as an abuser in a verified report by
24 the Department on Aging under the Adult Protective
25 Services Act, and upon proof by clear and convincing
26 evidence that the licensee abused, neglected, or

HB2606- 161 -LRB103 26004 LNS 52358 b
1 financially exploited an eligible adult as defined in the
2 Adult Protective Services Act.
3 (2) (Blank).
4 (3) The determination by a court that a licensee is
5subject to involuntary admission or judicial admission as
6provided in the Mental Health and Developmental Disabilities
7Code, will result in an automatic suspension of his license.
8Such suspension will end upon a finding by a court that the
9licensee is no longer subject to involuntary admission or
10judicial admission and issues an order so finding and
11discharging the patient, and upon the recommendation of the
12Board to the Secretary that the licensee be allowed to resume
13professional practice.
14 (4) The Department shall refuse to issue or renew or may
15suspend the license of a person who (i) fails to file a return,
16pay the tax, penalty, or interest shown in a filed return, or
17pay any final assessment of tax, penalty, or interest, as
18required by any tax Act administered by the Department of
19Revenue, until the requirements of the tax Act are satisfied
20or (ii) has failed to pay any court-ordered child support as
21determined by a court order or by referral from the Department
22of Healthcare and Family Services.
23 (4.5) The Department shall not revoke, suspend, summarily
24suspend, place on prohibition, reprimand, refuse to issue or
25renew, or take any other disciplinary or non-disciplinary
26action against a license or permit issued under this Act based

HB2606- 162 -LRB103 26004 LNS 52358 b
1solely upon the licensed clinical social worker authorizing,
2recommending, aiding, assisting, referring for, or otherwise
3participating in any health care service, so long as the care
4was not unlawful under the laws of this State, regardless of
5whether the patient was a resident of this State or another
6state.
7 (4.10) The Department shall not revoke, suspend, summarily
8suspend, place on prohibition, reprimand, refuse to issue or
9renew, or take any other disciplinary or non-disciplinary
10action against the license or permit issued under this Act to
11practice as a licensed clinical social worker based upon the
12licensed clinical social worker's license being revoked or
13suspended, or the licensed clinical social worker being
14otherwise disciplined by any other state, if that revocation,
15suspension, or other form of discipline was based solely on
16the licensed clinical social worker violating another state's
17laws prohibiting the provision of, authorization of,
18recommendation of, aiding or assisting in, referring for, or
19participation in any health care service if that health care
20service as provided would not have been unlawful under the
21laws of this State and is consistent with the standards of
22conduct for a licensed clinical social worker practicing in
23Illinois.
24 (4.15) The conduct specified in subsections (4.5) and
25(4.10) shall not constitute grounds for suspension under
26Section 32.

HB2606- 163 -LRB103 26004 LNS 52358 b
1 (4.20) An applicant seeking licensure, certification, or
2authorization pursuant to this Act who has been subject to
3disciplinary action by a duly authorized professional
4disciplinary agency of another jurisdiction solely on the
5basis of having authorized, recommended, aided, assisted,
6referred for, or otherwise participated in health care shall
7not be denied such licensure, certification, or authorization,
8unless the Department determines that such action would have
9constituted professional misconduct in this State; however,
10nothing in this Section shall be construed as prohibiting the
11Department from evaluating the conduct of such applicant and
12making a determination regarding the licensure, certification,
13or authorization to practice a profession under this Act.
14 (5)(a) In enforcing this Section, the Department or Board,
15upon a showing of a possible violation, may compel a person
16licensed to practice under this Act, or who has applied for
17licensure under this Act, to submit to a mental or physical
18examination, or both, which may include a substance abuse or
19sexual offender evaluation, as required by and at the expense
20of the Department.
21 (b) The Department shall specifically designate the
22examining physician licensed to practice medicine in all of
23its branches or, if applicable, the multidisciplinary team
24involved in providing the mental or physical examination or
25both. The multidisciplinary team shall be led by a physician
26licensed to practice medicine in all of its branches and may

HB2606- 164 -LRB103 26004 LNS 52358 b
1consist of one or more or a combination of physicians licensed
2to practice medicine in all of its branches, licensed clinical
3psychologists, licensed clinical social workers, licensed
4clinical professional counselors, and other professional and
5administrative staff. Any examining physician or member of the
6multidisciplinary team may require any person ordered to
7submit to an examination pursuant to this Section to submit to
8any additional supplemental testing deemed necessary to
9complete any examination or evaluation process, including, but
10not limited to, blood testing, urinalysis, psychological
11testing, or neuropsychological testing.
12 (c) The Board or the Department may order the examining
13physician or any member of the multidisciplinary team to
14present testimony concerning this mental or physical
15examination of the licensee or applicant. No information,
16report, record, or other documents in any way related to the
17examination shall be excluded by reason of any common law or
18statutory privilege relating to communications between the
19licensee or applicant and the examining physician or any
20member of the multidisciplinary team. No authorization is
21necessary from the licensee or applicant ordered to undergo an
22examination for the examining physician or any member of the
23multidisciplinary team to provide information, reports,
24records, or other documents or to provide any testimony
25regarding the examination and evaluation.
26 (d) The person to be examined may have, at his or her own

HB2606- 165 -LRB103 26004 LNS 52358 b
1expense, another physician of his or her choice present during
2all aspects of the examination. However, that physician shall
3be present only to observe and may not interfere in any way
4with the examination.
5 (e) Failure of any person to submit to a mental or physical
6examination without reasonable cause, when ordered, shall
7result in an automatic suspension of his or her license until
8the person submits to the examination.
9 (f) If the Department or Board finds a person unable to
10practice because of the reasons set forth in this Section, the
11Department or Board may require that person to submit to care,
12counseling, or treatment by physicians approved or designated
13by the Department or Board, as a condition, term, or
14restriction for continued, reinstated, or renewed licensure to
15practice; or, in lieu of care, counseling or treatment, the
16Department may file, or the Board may recommend to the
17Department to file, a complaint to immediately suspend,
18revoke, or otherwise discipline the license of the person. Any
19person whose license was granted, continued, reinstated,
20renewed, disciplined or supervised subject to such terms,
21conditions or restrictions, and who fails to comply with such
22terms, conditions, or restrictions, shall be referred to the
23Secretary for a determination as to whether the person shall
24have his or her license suspended immediately, pending a
25hearing by the Department.
26 (g) All fines imposed shall be paid within 60 days after

HB2606- 166 -LRB103 26004 LNS 52358 b
1the effective date of the order imposing the fine or in
2accordance with the terms set forth in the order imposing the
3fine.
4 In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that
6person's license must be convened by the Department within 30
7days after the suspension and completed without appreciable
8delay. The Department and Board shall have the authority to
9review the subject person's record of treatment and counseling
10regarding the impairment, to the extent permitted by
11applicable federal statutes and regulations safeguarding the
12confidentiality of medical records.
13 A person licensed under this Act and affected under this
14Section shall be afforded an opportunity to demonstrate to the
15Department or Board that he or she can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions of his or her license.
18 (h) The Department may adopt rules to implement the
19changes made by this amendatory Act of the 102nd General
20Assembly.
21(Source: P.A. 102-1117, eff. 1-13-23.)
22 Section 5-90. The Marriage and Family Therapy Licensing
23Act is amended by changing Section 85 as follows:
24 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)

HB2606- 167 -LRB103 26004 LNS 52358 b
1 (Section scheduled to be repealed on January 1, 2027)
2 Sec. 85. Refusal, revocation, or suspension.
3 (a) The Department may refuse to issue or renew a license,
4or may revoke, suspend, reprimand, place on probation, or take
5any other disciplinary or non-disciplinary action as the
6Department may deem proper, including the imposition of fines
7not to exceed $10,000 for each violation, with regard to any
8license issued under the provisions of this Act for any one or
9combination of the following grounds:
10 (1) Material misstatement in furnishing information to
11 the Department.
12 (2) Violation of any provision of this Act or its
13 rules.
14 (3) Conviction of or entry of a plea of guilty or nolo
15 contendere, finding of guilt, jury verdict, or entry of
16 judgment or sentencing, including, but not limited to,
17 convictions, preceding sentences of supervision,
18 conditional discharge, or first offender probation, under
19 the laws of any jurisdiction of the United States that is
20 (i) a felony or (ii) a misdemeanor, an essential element
21 of which is dishonesty or that is directly related to the
22 practice of the profession.
23 (4) Fraud or misrepresentation in applying for or
24 procuring a license under this Act or in connection with
25 applying for renewal or restoration of a license under
26 this Act or its rules.

HB2606- 168 -LRB103 26004 LNS 52358 b
1 (5) Professional incompetence.
2 (6) Gross negligence in practice under this Act.
3 (7) Aiding or assisting another person in violating
4 any provision of this Act or its rules.
5 (8) Failing, within 60 days, to provide information in
6 response to a written request made by the Department.
7 (9) Engaging in dishonorable, unethical, or
8 unprofessional conduct of a character likely to deceive,
9 defraud or harm the public as defined by the rules of the
10 Department, or violating the rules of professional conduct
11 adopted by the Department.
12 (10) Habitual or excessive use or abuse of drugs
13 defined in law as controlled substances, of alcohol, or
14 any other substance that results in the inability to
15 practice with reasonable judgment, skill, or safety.
16 (11) Discipline by another jurisdiction if at least
17 one of the grounds for the discipline is the same or
18 substantially equivalent to those set forth in this Act.
19 (12) Directly or indirectly giving to or receiving
20 from any person, firm, corporation, partnership, or
21 association any fee, commission, rebate, or other form of
22 compensation for any professional services not actually or
23 personally rendered. Nothing in this paragraph (12)
24 affects any bona fide independent contractor or employment
25 arrangements among health care professionals, health
26 facilities, health care providers, or other entities,

HB2606- 169 -LRB103 26004 LNS 52358 b
1 except as otherwise prohibited by law. Any employment
2 arrangements may include provisions for compensation,
3 health insurance, pension, or other employment benefits
4 for the provision of services within the scope of the
5 licensee's practice under this Act. Nothing in this
6 paragraph (12) shall be construed to require an employment
7 arrangement to receive professional fees for services
8 rendered.
9 (13) A finding by the Department that the licensee,
10 after having his or her license placed on probationary
11 status, has violated the terms of probation or failed to
12 comply with the terms.
13 (14) Abandonment of a patient without cause.
14 (15) Willfully making or filing false records or
15 reports relating to a licensee's practice, including but
16 not limited to false records filed with State agencies or
17 departments.
18 (16) Willfully failing to report an instance of
19 suspected child abuse or neglect as required by the Abused
20 and Neglected Child Reporting Act.
21 (17) Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 under the Abused and Neglected Child Reporting Act and
24 upon proof by clear and convincing evidence that the
25 licensee has caused a child to be an abused child or
26 neglected child as defined in the Abused and Neglected

HB2606- 170 -LRB103 26004 LNS 52358 b
1 Child Reporting Act.
2 (18) Physical illness or mental illness or impairment,
3 including, but not limited to, deterioration through the
4 aging process or loss of motor skill that results in the
5 inability to practice the profession with reasonable
6 judgment, skill, or safety.
7 (19) Solicitation of professional services by using
8 false or misleading advertising.
9 (20) A pattern of practice or other behavior that
10 demonstrates incapacity or incompetence to practice under
11 this Act.
12 (21) Practicing under a false or assumed name, except
13 as provided by law.
14 (22) Gross, willful, and continued overcharging for
15 professional services, including filing false statements
16 for collection of fees or moneys for which services are
17 not rendered.
18 (23) Failure to establish and maintain records of
19 patient care and treatment as required by law.
20 (24) Cheating on or attempting to subvert the
21 licensing examinations administered under this Act.
22 (25) Willfully failing to report an instance of
23 suspected abuse, neglect, financial exploitation, or
24 self-neglect of an eligible adult as defined in and
25 required by the Adult Protective Services Act.
26 (26) Being named as an abuser in a verified report by

HB2606- 171 -LRB103 26004 LNS 52358 b
1 the Department on Aging and under the Adult Protective
2 Services Act and upon proof by clear and convincing
3 evidence that the licensee abused, neglected, or
4 financially exploited an eligible adult as defined in the
5 Adult Protective Services Act.
6 (b) (Blank).
7 (c) The determination by a circuit court that a licensee
8is subject to involuntary admission or judicial admission, as
9provided in the Mental Health and Developmental Disabilities
10Code, operates as an automatic suspension. The suspension will
11terminate only upon a finding by a court that the patient is no
12longer subject to involuntary admission or judicial admission
13and the issuance of an order so finding and discharging the
14patient, and upon the recommendation of the Board to the
15Secretary that the licensee be allowed to resume his or her
16practice as a licensed marriage and family therapist or an
17associate licensed marriage and family therapist.
18 (d) The Department shall refuse to issue or may suspend
19the license of any person who fails to file a return, pay the
20tax, penalty, or interest shown in a filed return or pay any
21final assessment of tax, penalty, or interest, as required by
22any tax Act administered by the Illinois Department of
23Revenue, until the time the requirements of the tax Act are
24satisfied.
25 (d-5) The Department shall not revoke, suspend, summarily
26suspend, place on prohibition, reprimand, refuse to issue or

HB2606- 172 -LRB103 26004 LNS 52358 b
1renew, or take any other disciplinary or non-disciplinary
2action against the license or permit issued under this Act to
3practice as a marriage and family therapist or associate
4licensed marriage and family therapist based solely upon the
5marriage and family therapist or associate licensed marriage
6and family therapist authorizing, recommending, aiding,
7assisting, referring for, or otherwise participating in any
8health care service, so long as the care was not Unlawful under
9the laws of this State, regardless of whether the patient was a
10resident of this State or another state.
11 (d-10) The Department shall not revoke, suspend, summarily
12suspend, place on prohibition, reprimand, refuse to issue or
13renew, or take any other disciplinary or non-disciplinary
14action against the license or permit issued under this Act to
15practice as a marriage and family therapist or associate
16licensed marriage and family therapist based upon the marriage
17and family therapist's or associate licensed marriage and
18family therapist's license being revoked or suspended, or the
19marriage and family therapist or associate licensed marriage
20and family therapist being otherwise disciplined by any other
21state, if that revocation, suspension, or other form of
22discipline was based solely on the marriage and family
23therapist or associate licensed marriage and family therapist
24violating another state's laws prohibiting the provision of,
25authorization of, recommendation of, aiding or assisting in,
26referring for, or participation in any health care service if

HB2606- 173 -LRB103 26004 LNS 52358 b
1that health care service as provided would not have been
2unlawful under the laws of this State and is consistent with
3the standards of conduct for a marriage and family therapist
4or an associate licensed marriage and family therapist
5practicing in Illinois.
6 (d-15) The conduct specified in subsections (d-5) or
7(d-10) shall not constitute grounds for suspension under
8Section 145.
9 (d-20) An applicant seeking licensure, certification, or
10authorization pursuant to this Act who has been subject to
11disciplinary action by a duly authorized professional
12disciplinary agency of another jurisdiction solely on the
13basis of having authorized, recommended, aided, assisted,
14referred for, or otherwise participated in health care shall
15not be denied such licensure, certification, or authorization,
16unless the Department determines that such action would have
17constituted professional misconduct in this State; however,
18nothing in this Section shall be construed as prohibiting the
19Department from evaluating the conduct of such applicant and
20making a determination regarding the licensure, certification,
21or authorization to practice a profession under this Act.
22 (e) In enforcing this Section, the Department or Board
23upon a showing of a possible violation may compel an
24individual licensed to practice under this Act, or who has
25applied for licensure under this Act, to submit to a mental or
26physical examination, or both, which may include a substance

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1abuse or sexual offender evaluation, as required by and at the
2expense of the Department.
3 The Department shall specifically designate the examining
4physician licensed to practice medicine in all of its branches
5or, if applicable, the multidisciplinary team involved in
6providing the mental or physical examination or both. The
7multidisciplinary team shall be led by a physician licensed to
8practice medicine in all of its branches and may consist of one
9or more or a combination of physicians licensed to practice
10medicine in all of its branches, licensed clinical
11psychologists, licensed clinical social workers, licensed
12clinical professional counselors, licensed marriage and family
13therapists, and other professional and administrative staff.
14Any examining physician or member of the multidisciplinary
15team may require any person ordered to submit to an
16examination and evaluation pursuant to this Section to submit
17to any additional supplemental testing deemed necessary to
18complete any examination or evaluation process, including, but
19not limited to, blood testing, urinalysis, psychological
20testing, or neuropsychological testing.
21 The Department may order the examining physician or any
22member of the multidisciplinary team to provide to the
23Department any and all records, including business records,
24that relate to the examination and evaluation, including any
25supplemental testing performed.
26 The Department or Board may order the examining physician

HB2606- 175 -LRB103 26004 LNS 52358 b
1or any member of the multidisciplinary team to present
2testimony concerning the mental or physical examination of the
3licensee or applicant. No information, report, record, or
4other documents in any way related to the examination shall be
5excluded by reason of any common law or statutory privilege
6relating to communications between the licensee or applicant
7and the examining physician or any member of the
8multidisciplinary team. No authorization is necessary from the
9licensee or applicant ordered to undergo an examination for
10the examining physician or any member of the multidisciplinary
11team to provide information, reports, records, or other
12documents or to provide any testimony regarding the
13examination and evaluation.
14 The individual to be examined may have, at his or her own
15expense, another physician of his or her choice present during
16all aspects of this examination. However, that physician shall
17be present only to observe and may not interfere in any way
18with the examination.
19 Failure of an individual to submit to a mental or physical
20examination, when ordered, shall result in an automatic
21suspension of his or her license until the individual submits
22to the examination.
23 If the Department or Board finds an individual unable to
24practice because of the reasons set forth in this Section, the
25Department or Board may require that individual to submit to
26care, counseling, or treatment by physicians approved or

HB2606- 176 -LRB103 26004 LNS 52358 b
1designated by the Department or Board, as a condition, term,
2or restriction for continued, reinstated, or renewed licensure
3to practice; or, in lieu of care, counseling, or treatment,
4the Department may file, or the Board may recommend to the
5Department to file, a complaint to immediately suspend,
6revoke, or otherwise discipline the license of the individual.
7An individual whose license was granted, continued,
8reinstated, renewed, disciplined or supervised subject to such
9terms, conditions, or restrictions, and who fails to comply
10with such terms, conditions, or restrictions, shall be
11referred to the Secretary for a determination as to whether
12the individual shall have his or her license suspended
13immediately, pending a hearing by the Department.
14 In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that
16person's license must be convened by the Department within 30
17days after the suspension and completed without appreciable
18delay. The Department and Board shall have the authority to
19review the subject individual's record of treatment and
20counseling regarding the impairment to the extent permitted by
21applicable federal statutes and regulations safeguarding the
22confidentiality of medical records.
23 An individual licensed under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate
25to the Department or Board that he or she can resume practice
26in compliance with acceptable and prevailing standards under

HB2606- 177 -LRB103 26004 LNS 52358 b
1the provisions of his or her license.
2 (f) A fine shall be paid within 60 days after the effective
3date of the order imposing the fine or in accordance with the
4terms set forth in the order imposing the fine.
5 (g) The Department may adopt rules to implement the
6changes made by this amendatory Act of the 102nd General
7Assembly.
8(Source: P.A. 102-1117, eff. 1-13-23.)
9 Section 5-95. The Medical Practice Act of 1987 is amended
10by changing Sections 2, 22, 23, 36, and 49.5 as follows:
11 (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
12 (Section scheduled to be repealed on January 1, 2027)
13 Sec. 2. Definitions. For purposes of this Act, the
14following definitions shall have the following meanings,
15except where the context requires otherwise:
16 "Act" means the Medical Practice Act of 1987.
17 "Address of record" means the designated address recorded
18by the Department in the applicant's or licensee's application
19file or license file as maintained by the Department's
20licensure maintenance unit.
21 "Chiropractic physician" means a person licensed to treat
22human ailments without the use of drugs and without operative
23surgery. Nothing in this Act shall be construed to prohibit a
24chiropractic physician from providing advice regarding the use

HB2606- 178 -LRB103 26004 LNS 52358 b
1of non-prescription products or from administering atmospheric
2oxygen. Nothing in this Act shall be construed to authorize a
3chiropractic physician to prescribe drugs.
4 "Department" means the Department of Financial and
5Professional Regulation.
6 "Disciplinary action" means revocation, suspension,
7probation, supervision, practice modification, reprimand,
8required education, fines or any other action taken by the
9Department against a person holding a license.
10 "Email address of record" means the designated email
11address recorded by the Department in the applicant's
12application file or the licensee's license file, as maintained
13by the Department's licensure maintenance unit.
14 "Final determination" means the governing body's final
15action taken under the procedure followed by a health care
16institution, or professional association or society, against
17any person licensed under the Act in accordance with the
18bylaws or rules and regulations of such health care
19institution, or professional association or society.
20 "Fund" means the Illinois State Medical Disciplinary Fund.
21 "Impaired" means the inability to practice medicine with
22reasonable skill and safety due to physical or mental
23disabilities as evidenced by a written determination or
24written consent based on clinical evidence including
25deterioration through the aging process or loss of motor
26skill, or abuse of drugs or alcohol, of sufficient degree to

HB2606- 179 -LRB103 26004 LNS 52358 b
1diminish a person's ability to deliver competent patient care.
2 "Medical Board" means the Illinois State Medical Board.
3 "Physician" means a person licensed under the Medical
4Practice Act to practice medicine in all of its branches or a
5chiropractic physician.
6 "Professional association" means an association or society
7of persons licensed under this Act, and operating within the
8State of Illinois, including but not limited to, medical
9societies, osteopathic organizations, and chiropractic
10organizations, but this term shall not be deemed to include
11hospital medical staffs.
12 "Program of care, counseling, or treatment" means a
13written schedule of organized treatment, care, counseling,
14activities, or education, satisfactory to the Medical Board,
15designed for the purpose of restoring an impaired person to a
16condition whereby the impaired person can practice medicine
17with reasonable skill and safety of a sufficient degree to
18deliver competent patient care.
19 "Reinstate" means to change the status of a license or
20permit from inactive or nonrenewed status to active status.
21 "Restore" means to remove an encumbrance from a license
22due to probation, suspension, or revocation.
23 "Secretary" means the Secretary of Financial and
24Professional Regulation.
25(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)

HB2606- 180 -LRB103 26004 LNS 52358 b
1 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
2 (Section scheduled to be repealed on January 1, 2027)
3 Sec. 22. Disciplinary action.
4 (A) The Department may revoke, suspend, place on
5probation, reprimand, refuse to issue or renew, or take any
6other disciplinary or non-disciplinary action as the
7Department may deem proper with regard to the license or
8permit of any person issued under this Act, including imposing
9fines not to exceed $10,000 for each violation, upon any of the
10following grounds:
11 (1) Performance of an elective abortion in any place,
12 locale, facility, or institution other than: (Blank).
13 (a) a facility licensed pursuant to the Ambulatory
14 Surgical Treatment Center Act;
15 (b) an institution licensed under the Hospital
16 Licensing Act;
17 (c) an ambulatory surgical treatment center or
18 hospitalization or care facility maintained by the
19 State or any agency thereof, where such department or
20 agency has authority under law to establish and
21 enforce standards for the ambulatory surgical
22 treatment centers, hospitalization, or care facilities
23 under its management and control;
24 (d) ambulatory surgical treatment centers,
25 hospitalization, or care facilities maintained by the
26 Federal Government; or

HB2606- 181 -LRB103 26004 LNS 52358 b
1 (e) ambulatory surgical treatment centers,
2 hospitalization, or care facilities maintained by any
3 university or college established under the laws of
4 this State and supported principally by public funds
5 raised by taxation.
6 (2) Performance of an abortion procedure in a willful
7 and wanton manner on a woman who was not pregnant at the
8 time the abortion procedure was performed. (Blank).
9 (3) A plea of guilty or nolo contendere, finding of
10 guilt, jury verdict, or entry of judgment or sentencing,
11 including, but not limited to, convictions, preceding
12 sentences of supervision, conditional discharge, or first
13 offender probation, under the laws of any jurisdiction of
14 the United States of any crime that is a felony.
15 (4) Gross negligence in practice under this Act.
16 (5) Engaging in dishonorable, unethical, or
17 unprofessional conduct of a character likely to deceive,
18 defraud, or harm the public.
19 (6) Obtaining any fee by fraud, deceit, or
20 misrepresentation.
21 (7) Habitual or excessive use or abuse of drugs
22 defined in law as controlled substances, of alcohol, or of
23 any other substances which results in the inability to
24 practice with reasonable judgment, skill, or safety.
25 (8) Practicing under a false or, except as provided by
26 law, an assumed name.

HB2606- 182 -LRB103 26004 LNS 52358 b
1 (9) Fraud or misrepresentation in applying for, or
2 procuring, a license under this Act or in connection with
3 applying for renewal of a license under this Act.
4 (10) Making a false or misleading statement regarding
5 their skill or the efficacy or value of the medicine,
6 treatment, or remedy prescribed by them at their direction
7 in the treatment of any disease or other condition of the
8 body or mind.
9 (11) Allowing another person or organization to use
10 their license, procured under this Act, to practice.
11 (12) Adverse action taken by another state or
12 jurisdiction against a license or other authorization to
13 practice as a medical doctor, doctor of osteopathy, doctor
14 of osteopathic medicine, or doctor of chiropractic, a
15 certified copy of the record of the action taken by the
16 other state or jurisdiction being prima facie evidence
17 thereof. This includes any adverse action taken by a State
18 or federal agency that prohibits a medical doctor, doctor
19 of osteopathy, doctor of osteopathic medicine, or doctor
20 of chiropractic from providing services to the agency's
21 participants.
22 (13) Violation of any provision of this Act or of the
23 Medical Practice Act prior to the repeal of that Act, or
24 violation of the rules, or a final administrative action
25 of the Secretary, after consideration of the
26 recommendation of the Medical Board.

HB2606- 183 -LRB103 26004 LNS 52358 b
1 (14) Violation of the prohibition against fee
2 splitting in Section 22.2 of this Act.
3 (15) A finding by the Medical Board that the
4 registrant after having his or her license placed on
5 probationary status or subjected to conditions or
6 restrictions violated the terms of the probation or failed
7 to comply with such terms or conditions.
8 (16) Abandonment of a patient.
9 (17) Prescribing, selling, administering,
10 distributing, giving, or self-administering any drug
11 classified as a controlled substance (designated product)
12 or narcotic for other than medically accepted therapeutic
13 purposes.
14 (18) Promotion of the sale of drugs, devices,
15 appliances, or goods provided for a patient in such manner
16 as to exploit the patient for financial gain of the
17 physician.
18 (19) Offering, undertaking, or agreeing to cure or
19 treat disease by a secret method, procedure, treatment, or
20 medicine, or the treating, operating, or prescribing for
21 any human condition by a method, means, or procedure which
22 the licensee refuses to divulge upon demand of the
23 Department.
24 (20) Immoral conduct in the commission of any act
25 including, but not limited to, commission of an act of
26 sexual misconduct related to the licensee's practice.

HB2606- 184 -LRB103 26004 LNS 52358 b
1 (21) Willfully making or filing false records or
2 reports in his or her practice as a physician, including,
3 but not limited to, false records to support claims
4 against the medical assistance program of the Department
5 of Healthcare and Family Services (formerly Department of
6 Public Aid) under the Illinois Public Aid Code.
7 (22) Willful omission to file or record, or willfully
8 impeding the filing or recording, or inducing another
9 person to omit to file or record, medical reports as
10 required by law, or willfully failing to report an
11 instance of suspected abuse or neglect as required by law.
12 (23) Being named as a perpetrator in an indicated
13 report by the Department of Children and Family Services
14 under the Abused and Neglected Child Reporting Act, and
15 upon proof by clear and convincing evidence that the
16 licensee has caused a child to be an abused child or
17 neglected child as defined in the Abused and Neglected
18 Child Reporting Act.
19 (24) Solicitation of professional patronage by any
20 corporation, agents, or persons, or profiting from those
21 representing themselves to be agents of the licensee.
22 (25) Gross and willful and continued overcharging for
23 professional services, including filing false statements
24 for collection of fees for which services are not
25 rendered, including, but not limited to, filing such false
26 statements for collection of monies for services not

HB2606- 185 -LRB103 26004 LNS 52358 b
1 rendered from the medical assistance program of the
2 Department of Healthcare and Family Services (formerly
3 Department of Public Aid) under the Illinois Public Aid
4 Code.
5 (26) A pattern of practice or other behavior which
6 demonstrates incapacity or incompetence to practice under
7 this Act.
8 (27) Mental illness or disability which results in the
9 inability to practice under this Act with reasonable
10 judgment, skill, or safety.
11 (28) Physical illness, including, but not limited to,
12 deterioration through the aging process, or loss of motor
13 skill which results in a physician's inability to practice
14 under this Act with reasonable judgment, skill, or safety.
15 (29) Cheating on or attempting to subvert the
16 licensing examinations administered under this Act.
17 (30) Willfully or negligently violating the
18 confidentiality between physician and patient except as
19 required by law.
20 (31) The use of any false, fraudulent, or deceptive
21 statement in any document connected with practice under
22 this Act.
23 (32) Aiding and abetting an individual not licensed
24 under this Act in the practice of a profession licensed
25 under this Act.
26 (33) Violating State state or federal laws or

HB2606- 186 -LRB103 26004 LNS 52358 b
1 regulations relating to controlled substances, legend
2 drugs, or ephedra as defined in the Ephedra Prohibition
3 Act.
4 (34) Failure to report to the Department any adverse
5 final action taken against them by another licensing
6 jurisdiction (any other state or any territory of the
7 United States or any foreign state or country), by any
8 peer review body, by any health care institution, by any
9 professional society or association related to practice
10 under this Act, by any governmental agency, by any law
11 enforcement agency, or by any court for acts or conduct
12 similar to acts or conduct which would constitute grounds
13 for action as defined in this Section.
14 (35) Failure to report to the Department surrender of
15 a license or authorization to practice as a medical
16 doctor, a doctor of osteopathy, a doctor of osteopathic
17 medicine, or doctor of chiropractic in another state or
18 jurisdiction, or surrender of membership on any medical
19 staff or in any medical or professional association or
20 society, while under disciplinary investigation by any of
21 those authorities or bodies, for acts or conduct similar
22 to acts or conduct which would constitute grounds for
23 action as defined in this Section.
24 (36) Failure to report to the Department any adverse
25 judgment, settlement, or award arising from a liability
26 claim related to acts or conduct similar to acts or

HB2606- 187 -LRB103 26004 LNS 52358 b
1 conduct which would constitute grounds for action as
2 defined in this Section.
3 (37) Failure to provide copies of medical records as
4 required by law.
5 (38) Failure to furnish the Department, its
6 investigators or representatives, relevant information,
7 legally requested by the Department after consultation
8 with the Chief Medical Coordinator or the Deputy Medical
9 Coordinator.
10 (39) Violating the Health Care Worker Self-Referral
11 Act.
12 (40) Willful failure to provide notice when notice is
13 required under the Parental Notice of Abortion Act of
14 2023. (Blank).
15 (41) Failure to establish and maintain records of
16 patient care and treatment as required by this law.
17 (42) Entering into an excessive number of written
18 collaborative agreements with licensed advanced practice
19 registered nurses resulting in an inability to adequately
20 collaborate.
21 (43) Repeated failure to adequately collaborate with a
22 licensed advanced practice registered nurse.
23 (44) Violating the Compassionate Use of Medical
24 Cannabis Program Act.
25 (45) Entering into an excessive number of written
26 collaborative agreements with licensed prescribing

HB2606- 188 -LRB103 26004 LNS 52358 b
1 psychologists resulting in an inability to adequately
2 collaborate.
3 (46) Repeated failure to adequately collaborate with a
4 licensed prescribing psychologist.
5 (47) Willfully failing to report an instance of
6 suspected abuse, neglect, financial exploitation, or
7 self-neglect of an eligible adult as defined in and
8 required by the Adult Protective Services Act.
9 (48) Being named as an abuser in a verified report by
10 the Department on Aging under the Adult Protective
11 Services Act, and upon proof by clear and convincing
12 evidence that the licensee abused, neglected, or
13 financially exploited an eligible adult as defined in the
14 Adult Protective Services Act.
15 (49) Entering into an excessive number of written
16 collaborative agreements with licensed physician
17 assistants resulting in an inability to adequately
18 collaborate.
19 (50) Repeated failure to adequately collaborate with a
20 physician assistant.
21 Except for actions involving the ground numbered (26), all
22proceedings to suspend, revoke, place on probationary status,
23or take any other disciplinary action as the Department may
24deem proper, with regard to a license on any of the foregoing
25grounds, must be commenced within 5 years next after receipt
26by the Department of a complaint alleging the commission of or

HB2606- 189 -LRB103 26004 LNS 52358 b
1notice of the conviction order for any of the acts described
2herein. Except for the grounds numbered (8), (9), (26), and
3(29), no action shall be commenced more than 10 years after the
4date of the incident or act alleged to have violated this
5Section. For actions involving the ground numbered (26), a
6pattern of practice or other behavior includes all incidents
7alleged to be part of the pattern of practice or other behavior
8that occurred, or a report pursuant to Section 23 of this Act
9received, within the 10-year period preceding the filing of
10the complaint. In the event of the settlement of any claim or
11cause of action in favor of the claimant or the reduction to
12final judgment of any civil action in favor of the plaintiff,
13such claim, cause of action, or civil action being grounded on
14the allegation that a person licensed under this Act was
15negligent in providing care, the Department shall have an
16additional period of 2 years from the date of notification to
17the Department under Section 23 of this Act of such settlement
18or final judgment in which to investigate and commence formal
19disciplinary proceedings under Section 36 of this Act, except
20as otherwise provided by law. The time during which the holder
21of the license was outside the State of Illinois shall not be
22included within any period of time limiting the commencement
23of disciplinary action by the Department.
24 The entry of an order or judgment by any circuit court
25establishing that any person holding a license under this Act
26is a person in need of mental treatment operates as a

HB2606- 190 -LRB103 26004 LNS 52358 b
1suspension of that license. That person may resume his or her
2practice only upon the entry of a Departmental order based
3upon a finding by the Medical Board that the person has been
4determined to be recovered from mental illness by the court
5and upon the Medical Board's recommendation that the person be
6permitted to resume his or her practice.
7 The Department may refuse to issue or take disciplinary
8action concerning the license of any person who fails to file a
9return, or to pay the tax, penalty, or interest shown in a
10filed return, or to pay any final assessment of tax, penalty,
11or interest, as required by any tax Act administered by the
12Illinois Department of Revenue, until such time as the
13requirements of any such tax Act are satisfied as determined
14by the Illinois Department of Revenue.
15 The Department, upon the recommendation of the Medical
16Board, shall adopt rules which set forth standards to be used
17in determining:
18 (a) when a person will be deemed sufficiently
19 rehabilitated to warrant the public trust;
20 (b) what constitutes dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud, or harm the public;
23 (c) what constitutes immoral conduct in the commission
24 of any act, including, but not limited to, commission of
25 an act of sexual misconduct related to the licensee's
26 practice; and

HB2606- 191 -LRB103 26004 LNS 52358 b
1 (d) what constitutes gross negligence in the practice
2 of medicine.
3 However, no such rule shall be admissible into evidence in
4any civil action except for review of a licensing or other
5disciplinary action under this Act.
6 In enforcing this Section, the Medical Board, upon a
7showing of a possible violation, may compel any individual who
8is licensed to practice under this Act or holds a permit to
9practice under this Act, or any individual who has applied for
10licensure or a permit pursuant to this Act, to submit to a
11mental or physical examination and evaluation, or both, which
12may include a substance abuse or sexual offender evaluation,
13as required by the Medical Board and at the expense of the
14Department. The Medical Board shall specifically designate the
15examining physician licensed to practice medicine in all of
16its branches or, if applicable, the multidisciplinary team
17involved in providing the mental or physical examination and
18evaluation, or both. The multidisciplinary team shall be led
19by a physician licensed to practice medicine in all of its
20branches and may consist of one or more or a combination of
21physicians licensed to practice medicine in all of its
22branches, licensed chiropractic physicians, licensed clinical
23psychologists, licensed clinical social workers, licensed
24clinical professional counselors, and other professional and
25administrative staff. Any examining physician or member of the
26multidisciplinary team may require any person ordered to

HB2606- 192 -LRB103 26004 LNS 52358 b
1submit to an examination and evaluation pursuant to this
2Section to submit to any additional supplemental testing
3deemed necessary to complete any examination or evaluation
4process, including, but not limited to, blood testing,
5urinalysis, psychological testing, or neuropsychological
6testing. The Medical Board or the Department may order the
7examining physician or any member of the multidisciplinary
8team to provide to the Department or the Medical Board any and
9all records, including business records, that relate to the
10examination and evaluation, including any supplemental testing
11performed. The Medical Board or the Department may order the
12examining physician or any member of the multidisciplinary
13team to present testimony concerning this examination and
14evaluation of the licensee, permit holder, or applicant,
15including testimony concerning any supplemental testing or
16documents relating to the examination and evaluation. No
17information, report, record, or other documents in any way
18related to the examination and evaluation shall be excluded by
19reason of any common law or statutory privilege relating to
20communication between the licensee, permit holder, or
21applicant and the examining physician or any member of the
22multidisciplinary team. No authorization is necessary from the
23licensee, permit holder, or applicant ordered to undergo an
24evaluation and examination for the examining physician or any
25member of the multidisciplinary team to provide information,
26reports, records, or other documents or to provide any

HB2606- 193 -LRB103 26004 LNS 52358 b
1testimony regarding the examination and evaluation. The
2individual to be examined may have, at his or her own expense,
3another physician of his or her choice present during all
4aspects of the examination. Failure of any individual to
5submit to mental or physical examination and evaluation, or
6both, when directed, shall result in an automatic suspension,
7without hearing, until such time as the individual submits to
8the examination. If the Medical Board finds a physician unable
9to practice following an examination and evaluation because of
10the reasons set forth in this Section, the Medical Board shall
11require such physician to submit to care, counseling, or
12treatment by physicians, or other health care professionals,
13approved or designated by the Medical Board, as a condition
14for issued, continued, reinstated, or renewed licensure to
15practice. Any physician, whose license was granted pursuant to
16Section 9, 17, or 19 of this Act, or, continued, reinstated,
17renewed, disciplined, or supervised, subject to such terms,
18conditions, or restrictions who shall fail to comply with such
19terms, conditions, or restrictions, or to complete a required
20program of care, counseling, or treatment, as determined by
21the Chief Medical Coordinator or Deputy Medical Coordinators,
22shall be referred to the Secretary for a determination as to
23whether the licensee shall have his or her license suspended
24immediately, pending a hearing by the Medical Board. In
25instances in which the Secretary immediately suspends a
26license under this Section, a hearing upon such person's

HB2606- 194 -LRB103 26004 LNS 52358 b
1license must be convened by the Medical Board within 15 days
2after such suspension and completed without appreciable delay.
3The Medical Board shall have the authority to review the
4subject physician's record of treatment and counseling
5regarding the impairment, to the extent permitted by
6applicable federal statutes and regulations safeguarding the
7confidentiality of medical records.
8 An individual licensed under this Act, affected under this
9Section, shall be afforded an opportunity to demonstrate to
10the Medical Board that he or she can resume practice in
11compliance with acceptable and prevailing standards under the
12provisions of his or her license.
13 The Department may promulgate rules for the imposition of
14fines in disciplinary cases, not to exceed $10,000 for each
15violation of this Act. Fines may be imposed in conjunction
16with other forms of disciplinary action, but shall not be the
17exclusive disposition of any disciplinary action arising out
18of conduct resulting in death or injury to a patient. Any funds
19collected from such fines shall be deposited in the Illinois
20State Medical Disciplinary Fund.
21 All fines imposed under this Section shall be paid within
2260 days after the effective date of the order imposing the fine
23or in accordance with the terms set forth in the order imposing
24the fine.
25 (B) The Department shall revoke the license or permit
26issued under this Act to practice medicine or a chiropractic

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1physician who has been convicted a second time of committing
2any felony under the Illinois Controlled Substances Act or the
3Methamphetamine Control and Community Protection Act, or who
4has been convicted a second time of committing a Class 1 felony
5under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
6person whose license or permit is revoked under this
7subsection B shall be prohibited from practicing medicine or
8treating human ailments without the use of drugs and without
9operative surgery.
10 (C) The Department shall not revoke, suspend, place on
11probation, reprimand, refuse to issue or renew, or take any
12other disciplinary or non-disciplinary action against the
13license or permit issued under this Act to practice medicine
14to a physician:
15 (1) based solely upon the recommendation of the
16 physician to an eligible patient regarding, or
17 prescription for, or treatment with, an investigational
18 drug, biological product, or device; or
19 (2) for experimental treatment for Lyme disease or
20 other tick-borne diseases, including, but not limited to,
21 the prescription of or treatment with long-term
22 antibiotics. ;
23 (3) based solely upon the physician providing,
24 authorizing, recommending, aiding, assisting, referring
25 for, or otherwise participating in any health care
26 service, so long as the care was not unlawful under the

HB2606- 196 -LRB103 26004 LNS 52358 b
1 laws of this State, regardless of whether the patient was
2 a resident of this State or another state; or
3 (4) based upon the physician's license being revoked
4 or suspended, or the physician being otherwise disciplined
5 by any other state, if that revocation, suspension, or
6 other form of discipline was based solely on the physician
7 violating another state's laws prohibiting the provision
8 of, authorization of, recommendation of, aiding or
9 assisting in, referring for, or participation in any
10 health care service if that health care service as
11 provided would not have been unlawful under the laws of
12 this State and is consistent with the standards of conduct
13 for the physician if it occurred in Illinois.
14 (D) The Medical Board shall recommend to the Department
15civil penalties and any other appropriate discipline in
16disciplinary cases when the Medical Board finds that a
17physician willfully performed an abortion with actual
18knowledge that the person upon whom the abortion has been
19performed is a minor or an incompetent person without notice
20as required under the Parental Notice of Abortion Act of 2023.
21Upon the Medical Board's recommendation, the Department shall
22impose, for the first violation, a civil penalty of $1,000 and
23for a second or subsequent violation, a civil penalty of
24$5,000. (Blank).
25 (E) The conduct specified in subsection (C) shall not
26trigger reporting requirements under Section 23, constitute

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1grounds for suspension under Section 25, or be included on the
2physician's profile required under Section 10 of the Patients'
3Right to Know Act.
4 (F) An applicant seeking licensure, certification, or
5authorization pursuant to this Act and who has been subject to
6disciplinary action by a duly authorized professional
7disciplinary agency of another jurisdiction solely on the
8basis of having provided, authorized, recommended, aided,
9assisted, referred for, or otherwise participated in health
10care shall not be denied such licensure, certification, or
11authorization, unless the Department determines that the
12action would have constituted professional misconduct in this
13State; however, nothing in this Section shall be construed as
14prohibiting the Department from evaluating the conduct of the
15applicant and making a determination regarding the licensure,
16certification, or authorization to practice a profession under
17this Act.
18 (G) The Department may adopt rules to implement the
19changes made by this amendatory Act of the 102nd General
20Assembly.
21(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
22101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
238-20-21; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23.)
24 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
25 (Section scheduled to be repealed on January 1, 2027)

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1 Sec. 23. Reports relating to professional conduct and
2capacity.
3 (A) Entities required to report.
4 (1) Health care institutions. The chief administrator
5 or executive officer of any health care institution
6 licensed by the Illinois Department of Public Health shall
7 report to the Medical Board when any person's clinical
8 privileges are terminated or are restricted based on a
9 final determination made in accordance with that
10 institution's by-laws or rules and regulations that a
11 person has either committed an act or acts which may
12 directly threaten patient care or that a person may have a
13 mental or physical disability that may endanger patients
14 under that person's care. Such officer also shall report
15 if a person accepts voluntary termination or restriction
16 of clinical privileges in lieu of formal action based upon
17 conduct related directly to patient care or in lieu of
18 formal action seeking to determine whether a person may
19 have a mental or physical disability that may endanger
20 patients under that person's care. The Medical Board
21 shall, by rule, provide for the reporting to it by health
22 care institutions of all instances in which a person,
23 licensed under this Act, who is impaired by reason of age,
24 drug or alcohol abuse or physical or mental impairment, is
25 under supervision and, where appropriate, is in a program
26 of rehabilitation. Such reports shall be strictly

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1 confidential and may be reviewed and considered only by
2 the members of the Medical Board, or by authorized staff
3 as provided by rules of the Medical Board. Provisions
4 shall be made for the periodic report of the status of any
5 such person not less than twice annually in order that the
6 Medical Board shall have current information upon which to
7 determine the status of any such person. Such initial and
8 periodic reports of impaired physicians shall not be
9 considered records within the meaning of the State Records
10 Act and shall be disposed of, following a determination by
11 the Medical Board that such reports are no longer
12 required, in a manner and at such time as the Medical Board
13 shall determine by rule. The filing of such reports shall
14 be construed as the filing of a report for purposes of
15 subsection (C) of this Section. Such health care
16 institution shall not take any adverse action, including,
17 but not limited to, restricting or terminating any
18 person's clinical privileges, as a result of an adverse
19 action against a person's license or clinical privileges
20 or other disciplinary action by another state or health
21 care institution that resulted from the person's provision
22 of, authorization of, recommendation of, aiding or
23 assistance with, referral for, or participation in any
24 health care service if the adverse action was based solely
25 on a violation of the other state's law prohibiting the
26 provision of such health care and related services in the

HB2606- 200 -LRB103 26004 LNS 52358 b
1 state or for a resident of the state if that health care
2 service would not have been unlawful under the laws of
3 this State and is consistent with the standards of conduct
4 for physicians practicing in Illinois.
5 (1.5) Clinical training programs. The program director
6 of any post-graduate clinical training program shall
7 report to the Medical Board if a person engaged in a
8 post-graduate clinical training program at the
9 institution, including, but not limited to, a residency or
10 fellowship, separates from the program for any reason
11 prior to its conclusion. The program director shall
12 provide all documentation relating to the separation if,
13 after review of the report, the Medical Board determines
14 that a review of those documents is necessary to determine
15 whether a violation of this Act occurred.
16 (2) Professional associations. The President or chief
17 executive officer of any association or society, of
18 persons licensed under this Act, operating within this
19 State shall report to the Medical Board when the
20 association or society renders a final determination that
21 a person has committed unprofessional conduct related
22 directly to patient care or that a person may have a mental
23 or physical disability that may endanger patients under
24 that person's care.
25 (3) Professional liability insurers. Every insurance
26 company which offers policies of professional liability

HB2606- 201 -LRB103 26004 LNS 52358 b
1 insurance to persons licensed under this Act, or any other
2 entity which seeks to indemnify the professional liability
3 of a person licensed under this Act, shall report to the
4 Medical Board the settlement of any claim or cause of
5 action, or final judgment rendered in any cause of action,
6 which alleged negligence in the furnishing of medical care
7 by such licensed person when such settlement or final
8 judgment is in favor of the plaintiff. Such insurance
9 company shall not take any adverse action, including, but
10 not limited to, denial or revocation of coverage, or rate
11 increases, against a person licensed under this Act with
12 respect to coverage for services provided in the State if
13 based solely on the person providing, authorizing,
14 recommending, aiding, assisting, referring for, or
15 otherwise participating in health care services in this
16 State in violation of another state's law, or a revocation
17 or other adverse action against the person's license in
18 another state for violation of such law if that health
19 care service as provided would have been lawful and
20 consistent with the standards of conduct for physicians if
21 it occurred in the State. Notwithstanding this provision,
22 it is against public policy to require coverage for an
23 illegal action.
24 (4) State's Attorneys. The State's Attorney of each
25 county shall report to the Medical Board, within 5 days,
26 any instances in which a person licensed under this Act is

HB2606- 202 -LRB103 26004 LNS 52358 b
1 convicted of any felony or Class A misdemeanor. The
2 State's Attorney of each county may report to the Medical
3 Board through a verified complaint any instance in which
4 the State's Attorney believes that a physician has
5 willfully violated the notice requirements of the Parental
6 Notice of Abortion Act of 2023.
7 (5) State agencies. All agencies, boards, commissions,
8 departments, or other instrumentalities of the government
9 of the State of Illinois shall report to the Medical Board
10 any instance arising in connection with the operations of
11 such agency, including the administration of any law by
12 such agency, in which a person licensed under this Act has
13 either committed an act or acts which may be a violation of
14 this Act or which may constitute unprofessional conduct
15 related directly to patient care or which indicates that a
16 person licensed under this Act may have a mental or
17 physical disability that may endanger patients under that
18 person's care.
19 (B) Mandatory reporting. All reports required by items
20(34), (35), and (36) of subsection (A) of Section 22 and by
21Section 23 shall be submitted to the Medical Board in a timely
22fashion. Unless otherwise provided in this Section, the
23reports shall be filed in writing within 60 days after a
24determination that a report is required under this Act. All
25reports shall contain the following information:
26 (1) The name, address and telephone number of the

HB2606- 203 -LRB103 26004 LNS 52358 b
1 person making the report.
2 (2) The name, address and telephone number of the
3 person who is the subject of the report.
4 (3) The name and date of birth of any patient or
5 patients whose treatment is a subject of the report, if
6 available, or other means of identification if such
7 information is not available, identification of the
8 hospital or other healthcare facility where the care at
9 issue in the report was rendered, provided, however, no
10 medical records may be revealed.
11 (4) A brief description of the facts which gave rise
12 to the issuance of the report, including the dates of any
13 occurrences deemed to necessitate the filing of the
14 report.
15 (5) If court action is involved, the identity of the
16 court in which the action is filed, along with the docket
17 number and date of filing of the action.
18 (6) Any further pertinent information which the
19 reporting party deems to be an aid in the evaluation of the
20 report.
21 The Medical Board or Department may also exercise the
22power under Section 38 of this Act to subpoena copies of
23hospital or medical records in mandatory report cases alleging
24death or permanent bodily injury. Appropriate rules shall be
25adopted by the Department with the approval of the Medical
26Board.

HB2606- 204 -LRB103 26004 LNS 52358 b
1 When the Department has received written reports
2concerning incidents required to be reported in items (34),
3(35), and (36) of subsection (A) of Section 22, the licensee's
4failure to report the incident to the Department under those
5items shall not be the sole grounds for disciplinary action.
6 Nothing contained in this Section shall act to, in any
7way, waive or modify the confidentiality of medical reports
8and committee reports to the extent provided by law. Any
9information reported or disclosed shall be kept for the
10confidential use of the Medical Board, the Medical
11Coordinators, the Medical Board's attorneys, the medical
12investigative staff, and authorized clerical staff, as
13provided in this Act, and shall be afforded the same status as
14is provided information concerning medical studies in Part 21
15of Article VIII of the Code of Civil Procedure, except that the
16Department may disclose information and documents to a
17federal, State, or local law enforcement agency pursuant to a
18subpoena in an ongoing criminal investigation or to a health
19care licensing body or medical licensing authority of this
20State or another state or jurisdiction pursuant to an official
21request made by that licensing body or medical licensing
22authority. Furthermore, information and documents disclosed to
23a federal, State, or local law enforcement agency may be used
24by that agency only for the investigation and prosecution of a
25criminal offense, or, in the case of disclosure to a health
26care licensing body or medical licensing authority, only for

HB2606- 205 -LRB103 26004 LNS 52358 b
1investigations and disciplinary action proceedings with regard
2to a license. Information and documents disclosed to the
3Department of Public Health may be used by that Department
4only for investigation and disciplinary action regarding the
5license of a health care institution licensed by the
6Department of Public Health.
7 (C) Immunity from prosecution. Any individual or
8organization acting in good faith, and not in a wilful and
9wanton manner, in complying with this Act by providing any
10report or other information to the Medical Board or a peer
11review committee, or assisting in the investigation or
12preparation of such information, or by voluntarily reporting
13to the Medical Board or a peer review committee information
14regarding alleged errors or negligence by a person licensed
15under this Act, or by participating in proceedings of the
16Medical Board or a peer review committee, or by serving as a
17member of the Medical Board or a peer review committee, shall
18not, as a result of such actions, be subject to criminal
19prosecution or civil damages.
20 (D) Indemnification. Members of the Medical Board, the
21Medical Coordinators, the Medical Board's attorneys, the
22medical investigative staff, physicians retained under
23contract to assist and advise the medical coordinators in the
24investigation, and authorized clerical staff shall be
25indemnified by the State for any actions occurring within the
26scope of services on the Medical Board, done in good faith and

HB2606- 206 -LRB103 26004 LNS 52358 b
1not wilful and wanton in nature. The Attorney General shall
2defend all such actions unless he or she determines either
3that there would be a conflict of interest in such
4representation or that the actions complained of were not in
5good faith or were wilful and wanton.
6 Should the Attorney General decline representation, the
7member shall have the right to employ counsel of his or her
8choice, whose fees shall be provided by the State, after
9approval by the Attorney General, unless there is a
10determination by a court that the member's actions were not in
11good faith or were wilful and wanton.
12 The member must notify the Attorney General within 7 days
13of receipt of notice of the initiation of any action involving
14services of the Medical Board. Failure to so notify the
15Attorney General shall constitute an absolute waiver of the
16right to a defense and indemnification.
17 The Attorney General shall determine within 7 days after
18receiving such notice, whether he or she will undertake to
19represent the member.
20 (E) Deliberations of Medical Board. Upon the receipt of
21any report called for by this Act, other than those reports of
22impaired persons licensed under this Act required pursuant to
23the rules of the Medical Board, the Medical Board shall notify
24in writing, by mail or email, the person who is the subject of
25the report. Such notification shall be made within 30 days of
26receipt by the Medical Board of the report.

HB2606- 207 -LRB103 26004 LNS 52358 b
1 The notification shall include a written notice setting
2forth the person's right to examine the report. Included in
3such notification shall be the address at which the file is
4maintained, the name of the custodian of the reports, and the
5telephone number at which the custodian may be reached. The
6person who is the subject of the report shall submit a written
7statement responding, clarifying, adding to, or proposing the
8amending of the report previously filed. The person who is the
9subject of the report shall also submit with the written
10statement any medical records related to the report. The
11statement and accompanying medical records shall become a
12permanent part of the file and must be received by the Medical
13Board no more than 30 days after the date on which the person
14was notified by the Medical Board of the existence of the
15original report.
16 The Medical Board shall review all reports received by it,
17together with any supporting information and responding
18statements submitted by persons who are the subject of
19reports. The review by the Medical Board shall be in a timely
20manner but in no event, shall the Medical Board's initial
21review of the material contained in each disciplinary file be
22less than 61 days nor more than 180 days after the receipt of
23the initial report by the Medical Board.
24 When the Medical Board makes its initial review of the
25materials contained within its disciplinary files, the Medical
26Board shall, in writing, make a determination as to whether

HB2606- 208 -LRB103 26004 LNS 52358 b
1there are sufficient facts to warrant further investigation or
2action. Failure to make such determination within the time
3provided shall be deemed to be a determination that there are
4not sufficient facts to warrant further investigation or
5action.
6 Should the Medical Board find that there are not
7sufficient facts to warrant further investigation, or action,
8the report shall be accepted for filing and the matter shall be
9deemed closed and so reported to the Secretary. The Secretary
10shall then have 30 days to accept the Medical Board's decision
11or request further investigation. The Secretary shall inform
12the Medical Board of the decision to request further
13investigation, including the specific reasons for the
14decision. The individual or entity filing the original report
15or complaint and the person who is the subject of the report or
16complaint shall be notified in writing by the Secretary of any
17final action on their report or complaint. The Department
18shall disclose to the individual or entity who filed the
19original report or complaint, on request, the status of the
20Medical Board's review of a specific report or complaint. Such
21request may be made at any time, including prior to the Medical
22Board's determination as to whether there are sufficient facts
23to warrant further investigation or action.
24 (F) Summary reports. The Medical Board shall prepare, on a
25timely basis, but in no event less than once every other month,
26a summary report of final disciplinary actions taken upon

HB2606- 209 -LRB103 26004 LNS 52358 b
1disciplinary files maintained by the Medical Board. The
2summary reports shall be made available to the public upon
3request and payment of the fees set by the Department. This
4publication may be made available to the public on the
5Department's website. Information or documentation relating to
6any disciplinary file that is closed without disciplinary
7action taken shall not be disclosed and shall be afforded the
8same status as is provided by Part 21 of Article VIII of the
9Code of Civil Procedure.
10 (G) Any violation of this Section shall be a Class A
11misdemeanor.
12 (H) If any such person violates the provisions of this
13Section an action may be brought in the name of the People of
14the State of Illinois, through the Attorney General of the
15State of Illinois, for an order enjoining such violation or
16for an order enforcing compliance with this Section. Upon
17filing of a verified petition in such court, the court may
18issue a temporary restraining order without notice or bond and
19may preliminarily or permanently enjoin such violation, and if
20it is established that such person has violated or is
21violating the injunction, the court may punish the offender
22for contempt of court. Proceedings under this paragraph shall
23be in addition to, and not in lieu of, all other remedies and
24penalties provided for by this Section.
25 (I) The Department may adopt rules to implement the
26changes made by this amendatory Act of the 102nd General

HB2606- 210 -LRB103 26004 LNS 52358 b
1Assembly.
2(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
3102-1117, eff. 1-13-23.)
4 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
5 (Section scheduled to be repealed on January 1, 2027)
6 Sec. 36. Investigation; notice.
7 (a) Upon the motion of either the Department or the
8Medical Board or upon the verified complaint in writing of any
9person setting forth facts which, if proven, would constitute
10grounds for suspension or revocation under Section 22 of this
11Act, the Department shall investigate the actions of any
12person, so accused, who holds or represents that he or she
13holds a license. Such person is hereinafter called the
14accused.
15 (b) The Department shall, before suspending, revoking,
16placing on probationary status, or taking any other
17disciplinary action as the Department may deem proper with
18regard to any license at least 30 days prior to the date set
19for the hearing, notify the accused in writing of any charges
20made and the time and place for a hearing of the charges before
21the Medical Board, direct him or her to file his or her written
22answer thereto to the Medical Board under oath within 20 days
23after the service on him or her of such notice and inform him
24or her that if he or she fails to file such answer default will
25be taken against him or her and his or her license may be

HB2606- 211 -LRB103 26004 LNS 52358 b
1suspended, revoked, placed on probationary status, or have
2other disciplinary action, including limiting the scope,
3nature or extent of his or her practice, as the Department may
4deem proper taken with regard thereto. The Department shall,
5at least 14 days prior to the date set for the hearing, notify
6in writing any person who filed a complaint against the
7accused of the time and place for the hearing of the charges
8against the accused before the Medical Board and inform such
9person whether he or she may provide testimony at the hearing.
10 (c) Where a physician has been found, upon complaint and
11investigation of the Department, and after hearing, to have
12performed an abortion procedure in a willful and wanton manner
13upon a woman who was not pregnant at the time such abortion
14procedure was performed, the Department shall automatically
15revoke the license of such physician to practice medicine in
16this State. (Blank).
17 (d) Such written notice and any notice in such proceedings
18thereafter may be served by personal delivery, email to the
19respondent's email address of record, or mail to the
20respondent's address of record.
21 (e) All information gathered by the Department during its
22investigation including information subpoenaed under Section
2323 or 38 of this Act and the investigative file shall be kept
24for the confidential use of the Secretary, the Medical Board,
25the Medical Coordinators, persons employed by contract to
26advise the Medical Coordinator or the Department, the Medical

HB2606- 212 -LRB103 26004 LNS 52358 b
1Board's attorneys, the medical investigative staff, and
2authorized clerical staff, as provided in this Act and shall
3be afforded the same status as is provided information
4concerning medical studies in Part 21 of Article VIII of the
5Code of Civil Procedure, except that the Department may
6disclose information and documents to a federal, State, or
7local law enforcement agency pursuant to a subpoena in an
8ongoing criminal investigation to a health care licensing body
9of this State or another state or jurisdiction pursuant to an
10official request made by that licensing body. Furthermore,
11information and documents disclosed to a federal, State, or
12local law enforcement agency may be used by that agency only
13for the investigation and prosecution of a criminal offense
14or, in the case of disclosure to a health care licensing body,
15only for investigations and disciplinary action proceedings
16with regard to a license issued by that licensing body.
17(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
18102-20, eff. 1-1-22; 102-558, eff. 8-20-21.)
19 (225 ILCS 60/49.5)
20 (Section scheduled to be repealed on January 1, 2027)
21 Sec. 49.5. Telemedicine.
22 (a) The General Assembly finds and declares that because
23of technological advances and changing practice patterns the
24practice of medicine is occurring with increasing frequency
25across state lines and across increasing geographical

HB2606- 213 -LRB103 26004 LNS 52358 b
1distances within the State of Illinois and that certain
2technological advances in the practice of medicine are in the
3public interest. The General Assembly further finds and
4declares that the practice of medicine is a privilege and that
5the licensure by this State of practitioners outside this
6State engaging in medical practice within this State and the
7ability to discipline those practitioners is necessary for the
8protection of the public health, welfare, and safety.
9 (b) A person who engages in the practice of telemedicine
10without a license or permit issued under this Act shall be
11subject to penalties provided in Section 59. A person with a
12temporary permit for health care may treat a patient located
13in this State through telehealth services in a manner
14consistent with the person's scope of practice and agreement
15with a sponsoring entity.
16 (c) For purposes of this Act, "telemedicine" means the
17performance of any of the activities listed in Section 49,
18including, but not limited to, rendering written or oral
19opinions concerning diagnosis or treatment of a patient in
20Illinois by a person in a different location than the patient
21as a result of transmission of individual patient data by
22telephonic, electronic, or other means of communication.
23"Telemedicine" does not include the following:
24 (1) periodic consultations between a person licensed
25 under this Act and a person outside the State of Illinois;
26 (2) a second opinion provided to a person licensed

HB2606- 214 -LRB103 26004 LNS 52358 b
1 under this Act;
2 (3) diagnosis or treatment services provided to a
3 patient in Illinois following care or treatment originally
4 provided to the patient in the state in which the provider
5 is licensed to practice medicine; and
6 (4) health care services provided to an existing
7 patient while the person licensed under this Act or
8 patient is traveling.
9 (d) Whenever the Department has reason to believe that a
10person has violated this Section, the Department may issue a
11rule to show cause why an order to cease and desist should not
12be entered against that person. The rule shall clearly set
13forth the grounds relied upon by the Department and shall
14provide a period of 7 days from the date of the rule to file an
15answer to the satisfaction of the Department. Failure to
16answer to the satisfaction of the Department shall cause an
17order to cease and desist to be issued immediately.
18 (e) An out-of-state person providing a service listed in
19Section 49 to a patient residing in Illinois through the
20practice of telemedicine submits himself or herself to the
21jurisdiction of the courts of this State.
22(Source: P.A. 102-1117, eff. 1-13-23.)
23 Section 5-100. The Nurse Practice Act is amended by
24changing Sections 65-35, 65-43, 65-65, and 70-5 as follows:

HB2606- 215 -LRB103 26004 LNS 52358 b
1 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
2 (Section scheduled to be repealed on January 1, 2028)
3 Sec. 65-35. Written collaborative agreements.
4 (a) A written collaborative agreement is required for all
5advanced practice registered nurses engaged in clinical
6practice prior to meeting the requirements of Section 65-43,
7except for advanced practice registered nurses who are
8privileged to practice in a hospital, hospital affiliate, or
9ambulatory surgical treatment center.
10 (a-5) If an advanced practice registered nurse engages in
11clinical practice outside of a hospital, hospital affiliate,
12or ambulatory surgical treatment center in which he or she is
13privileged to practice, the advanced practice registered nurse
14must have a written collaborative agreement, except as set
15forth in Section 65-43.
16 (b) A written collaborative agreement shall describe the
17relationship of the advanced practice registered nurse with
18the collaborating physician and shall describe the categories
19of care, treatment, or procedures to be provided by the
20advanced practice registered nurse. A collaborative agreement
21with a podiatric physician must be in accordance with
22subsection (c-5) or (c-15) of this Section. A collaborative
23agreement with a dentist must be in accordance with subsection
24(c-10) of this Section. A collaborative agreement with a
25podiatric physician must be in accordance with subsection
26(c-5) of this Section. Collaboration does not require an

HB2606- 216 -LRB103 26004 LNS 52358 b
1employment relationship between the collaborating physician
2and the advanced practice registered nurse.
3 The collaborative relationship under an agreement shall
4not be construed to require the personal presence of a
5collaborating physician at the place where services are
6rendered. Methods of communication shall be available for
7consultation with the collaborating physician in person or by
8telecommunications or electronic communications as set forth
9in the written agreement.
10 (b-5) Absent an employment relationship, a written
11collaborative agreement may not (1) restrict the categories of
12patients of an advanced practice registered nurse within the
13scope of the advanced practice registered nurses training and
14experience, (2) limit third party payors or government health
15programs, such as the medical assistance program or Medicare
16with which the advanced practice registered nurse contracts,
17or (3) limit the geographic area or practice location of the
18advanced practice registered nurse in this State.
19 (c) In the case of anesthesia services provided by a
20certified registered nurse anesthetist, an anesthesiologist, a
21physician, a dentist, or a podiatric physician must
22participate through discussion of and agreement with the
23anesthesia plan and remain physically present and available on
24the premises during the delivery of anesthesia services for
25diagnosis, consultation, and treatment of emergency medical
26conditions.

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1 (c-5) A certified registered nurse anesthetist, who
2provides anesthesia services outside of a hospital or
3ambulatory surgical treatment center shall enter into a
4written collaborative agreement with an anesthesiologist or
5the physician licensed to practice medicine in all its
6branches or the podiatric physician performing the procedure.
7Outside of a hospital or ambulatory surgical treatment center,
8the certified registered nurse anesthetist may provide only
9those services that the collaborating podiatric physician is
10authorized to provide pursuant to the Podiatric Medical
11Practice Act of 1987 and rules adopted thereunder. A certified
12registered nurse anesthetist may select, order, and administer
13medication, including controlled substances, and apply
14appropriate medical devices for delivery of anesthesia
15services under the anesthesia plan agreed with by the
16anesthesiologist or the operating physician or operating
17podiatric physician.
18 (c-10) A certified registered nurse anesthetist who
19provides anesthesia services in a dental office shall enter
20into a written collaborative agreement with an
21anesthesiologist or the physician licensed to practice
22medicine in all its branches or the operating dentist
23performing the procedure. The agreement shall describe the
24working relationship of the certified registered nurse
25anesthetist and dentist and shall authorize the categories of
26care, treatment, or procedures to be performed by the

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1certified registered nurse anesthetist. In a collaborating
2dentist's office, the certified registered nurse anesthetist
3may only provide those services that the operating dentist
4with the appropriate permit is authorized to provide pursuant
5to the Illinois Dental Practice Act and rules adopted
6thereunder. For anesthesia services, an anesthesiologist,
7physician, or operating dentist shall participate through
8discussion of and agreement with the anesthesia plan and shall
9remain physically present and be available on the premises
10during the delivery of anesthesia services for diagnosis,
11consultation, and treatment of emergency medical conditions. A
12certified registered nurse anesthetist may select, order, and
13administer medication, including controlled substances, and
14apply appropriate medical devices for delivery of anesthesia
15services under the anesthesia plan agreed with by the
16operating dentist.
17 (c-15) An advanced practice registered nurse who had a
18written collaborative agreement with a podiatric physician
19immediately before the effective date of Public Act 100-513
20may continue in that collaborative relationship or enter into
21a new written collaborative relationship with a podiatric
22physician under the requirements of this Section and Section
2365-40, as those Sections existed immediately before the
24amendment of those Sections by Public Act 100-513 with regard
25to a written collaborative agreement between an advanced
26practice registered nurse and a podiatric physician.

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1 (d) A copy of the signed, written collaborative agreement
2must be available to the Department upon request from both the
3advanced practice registered nurse and the collaborating
4physician, dentist, or podiatric physician.
5 (e) Nothing in this Act shall be construed to limit the
6delegation of tasks or duties by a physician to a licensed
7practical nurse, a registered professional nurse, or other
8persons in accordance with Section 54.2 of the Medical
9Practice Act of 1987. Nothing in this Act shall be construed to
10limit the method of delegation that may be authorized by any
11means, including, but not limited to, oral, written,
12electronic, standing orders, protocols, guidelines, or verbal
13orders.
14 (e-5) Nothing in this Act shall be construed to authorize
15an advanced practice registered nurse to provide health care
16services required by law or rule to be performed by a
17physician, including those acts to be performed by a physician
18in Section 1-10 of the Illinois Abortion Law of 2023. The scope
19of practice of an advanced practice registered nurse does not
20include operative surgery. Nothing in this Section shall be
21construed to preclude an advanced practice registered nurse
22from assisting in surgery.
23 (f) An advanced practice registered nurse shall inform
24each collaborating physician, dentist, or podiatric physician
25of all collaborative agreements he or she has signed and
26provide a copy of these to any collaborating physician,

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1dentist, or podiatric physician upon request.
2 (g) (Blank).
3(Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18;
4100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
5 (225 ILCS 65/65-43)
6 (Section scheduled to be repealed on January 1, 2028)
7 Sec. 65-43. Full practice authority.
8 (a) An Illinois-licensed advanced practice registered
9nurse certified as a nurse practitioner, nurse midwife, or
10clinical nurse specialist shall be deemed by law to possess
11the ability to practice without a written collaborative
12agreement as set forth in this Section.
13 (b) An advanced practice registered nurse certified as a
14nurse midwife, clinical nurse specialist, or nurse
15practitioner who files with the Department a notarized
16attestation of completion of at least 250 hours of continuing
17education or training and at least 4,000 hours of clinical
18experience after first attaining national certification shall
19not require a written collaborative agreement. Documentation
20of successful completion shall be provided to the Department
21upon request.
22 Continuing education or training hours required by
23subsection (b) shall be in the advanced practice registered
24nurse's area of certification as set forth by Department rule.
25 The clinical experience must be in the advanced practice

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1registered nurse's area of certification. The clinical
2experience shall be in collaboration with a physician or
3physicians. Completion of the clinical experience must be
4attested to by the collaborating physician or physicians or
5employer and the advanced practice registered nurse. If the
6collaborating physician or physicians or employer is unable to
7attest to the completion of the clinical experience, the
8Department may accept other evidence of clinical experience as
9established by rule.
10 (c) The scope of practice of an advanced practice
11registered nurse with full practice authority includes:
12 (1) all matters included in subsection (c) of Section
13 65-30 of this Act;
14 (2) practicing without a written collaborative
15 agreement in all practice settings consistent with
16 national certification;
17 (3) authority to prescribe both legend drugs and
18 Schedule II through V controlled substances; this
19 authority includes prescription of, selection of, orders
20 for, administration of, storage of, acceptance of samples
21 of, and dispensing over the counter medications, legend
22 drugs, and controlled substances categorized as any
23 Schedule II through V controlled substances, as defined in
24 Article II of the Illinois Controlled Substances Act, and
25 other preparations, including, but not limited to,
26 botanical and herbal remedies;

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1 (4) prescribing benzodiazepines or Schedule II
2 narcotic drugs, such as opioids, only in a consultation
3 relationship with a physician; this consultation
4 relationship shall be recorded in the Prescription
5 Monitoring Program website, pursuant to Section 316 of the
6 Illinois Controlled Substances Act, by the physician and
7 advanced practice registered nurse with full practice
8 authority and is not required to be filed with the
9 Department; the specific Schedule II narcotic drug must be
10 identified by either brand name or generic name; the
11 specific Schedule II narcotic drug, such as an opioid, may
12 be administered by oral dosage or topical or transdermal
13 application; delivery by injection or other route of
14 administration is not permitted; at least monthly, the
15 advanced practice registered nurse and the physician must
16 discuss the condition of any patients for whom a
17 benzodiazepine or opioid is prescribed; nothing in this
18 subsection shall be construed to require a prescription by
19 an advanced practice registered nurse with full practice
20 authority to require a physician name;
21 (5) authority to obtain an Illinois controlled
22 substance license and a federal Drug Enforcement
23 Administration number; and
24 (6) use of only local anesthetic.
25 The scope of practice of an advanced practice registered
26nurse does not include operative surgery. Nothing in this

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1Section shall be construed to preclude an advanced practice
2registered nurse from assisting in surgery.
3 (d) The Department may adopt rules necessary to administer
4this Section, including, but not limited to, requiring the
5completion of forms and the payment of fees.
6 (e) Nothing in this Act shall be construed to authorize an
7advanced practice registered nurse with full practice
8authority to provide health care services required by law or
9rule to be performed by a physician, including, but not
10limited to, those acts to be performed by a physician in
11Section 3.1 of the Illinois Abortion Law of 2023.
12(Source: P.A. 101-13, eff. 6-12-19; 102-75, eff. 1-1-22.)
13 (225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
14 (Section scheduled to be repealed on January 1, 2028)
15 Sec. 65-65. Reports relating to APRN professional conduct
16and capacity.
17 (a) Entities Required to Report.
18 (1) Health Care Institutions. The chief administrator
19 or executive officer of a health care institution licensed
20 by the Department of Public Health, which provides the
21 minimum due process set forth in Section 10.4 of the
22 Hospital Licensing Act, shall report to the Board when an
23 advanced practice registered nurse's organized
24 professional staff clinical privileges are terminated or
25 are restricted based on a final determination, in

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1 accordance with that institution's bylaws or rules and
2 regulations, that (i) a person has either committed an act
3 or acts that may directly threaten patient care and that
4 are not of an administrative nature or (ii) that a person
5 may have a mental or physical disability that may endanger
6 patients under that person's care. The chief administrator
7 or officer shall also report if an advanced practice
8 registered nurse accepts voluntary termination or
9 restriction of clinical privileges in lieu of formal
10 action based upon conduct related directly to patient care
11 and not of an administrative nature, or in lieu of formal
12 action seeking to determine whether a person may have a
13 mental or physical disability that may endanger patients
14 under that person's care. The Department shall provide by
15 rule for the reporting to it of all instances in which a
16 person licensed under this Article, who is impaired by
17 reason of age, drug, or alcohol abuse or physical or
18 mental impairment, is under supervision and, where
19 appropriate, is in a program of rehabilitation. Reports
20 submitted under this subsection shall be strictly
21 confidential and may be reviewed and considered only by
22 the members of the Board or authorized staff as provided
23 by rule of the Department. Provisions shall be made for
24 the periodic report of the status of any such reported
25 person not less than twice annually in order that the
26 Board shall have current information upon which to

HB2606- 225 -LRB103 26004 LNS 52358 b
1 determine the status of that person. Initial and periodic
2 reports of impaired advanced practice registered nurses
3 shall not be considered records within the meaning of the
4 State Records Act and shall be disposed of, following a
5 determination by the Board that such reports are no longer
6 required, in a manner and at an appropriate time as the
7 Board shall determine by rule. The filing of reports
8 submitted under this subsection shall be construed as the
9 filing of a report for purposes of subsection (c) of this
10 Section. Such health care institution shall not take any
11 adverse action, including, but not limited to, restricting
12 or terminating any person's clinical privileges, as a
13 result of an adverse action against a person's license or
14 clinical privileges or other disciplinary action by
15 another state or health care institution that resulted
16 from the person's provision of, authorization of,
17 recommendation of, aiding or assistance with, referral
18 for, or participation in any health care service if the
19 adverse action was based solely on a violation of the
20 other state's law prohibiting the provision of such health
21 care and related services in the state or for a resident of
22 the state if that health care service would not have been
23 unlawful under the laws of this State and is consistent
24 with the standards of conduct for advanced practice
25 registered nurses practicing in Illinois.
26 (2) Professional Associations. The President or chief

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1 executive officer of an association or society of persons
2 licensed under this Article, operating within this State,
3 shall report to the Board when the association or society
4 renders a final determination that a person licensed under
5 this Article has committed unprofessional conduct related
6 directly to patient care or that a person may have a mental
7 or physical disability that may endanger patients under
8 the person's care.
9 (3) Professional Liability Insurers. Every insurance
10 company that offers policies of professional liability
11 insurance to persons licensed under this Article, or any
12 other entity that seeks to indemnify the professional
13 liability of a person licensed under this Article, shall
14 report to the Board the settlement of any claim or cause of
15 action, or final judgment rendered in any cause of action,
16 that alleged negligence in the furnishing of patient care
17 by the licensee when the settlement or final judgment is
18 in favor of the plaintiff. Such insurance company shall
19 not take any adverse action, including, but not limited
20 to, denial or revocation of coverage, or rate increases,
21 against a person licensed under this Act with respect to
22 coverage for services provided in Illinois if based solely
23 on the person providing, authorizing, recommending,
24 aiding, assisting, referring for, or otherwise
25 participating in health care services this State in
26 violation of another state's law, or a revocation or other

HB2606- 227 -LRB103 26004 LNS 52358 b
1 adverse action against the person's license in another
2 state for violation of such law if that health care
3 service as provided would have been lawful and consistent
4 with the standards of conduct for registered nurses and
5 advanced practice registered nurses if it occurred in
6 Illinois. Notwithstanding this provision, it is against
7 public policy to require coverage for an illegal action.
8 (4) State's Attorneys. The State's Attorney of each
9 county shall report to the Board all instances in which a
10 person licensed under this Article is convicted or
11 otherwise found guilty of the commission of a felony.
12 (5) State Agencies. All agencies, boards, commissions,
13 departments, or other instrumentalities of the government
14 of this State shall report to the Board any instance
15 arising in connection with the operations of the agency,
16 including the administration of any law by the agency, in
17 which a person licensed under this Article has either
18 committed an act or acts that may constitute a violation
19 of this Article, that may constitute unprofessional
20 conduct related directly to patient care, or that
21 indicates that a person licensed under this Article may
22 have a mental or physical disability that may endanger
23 patients under that person's care.
24 (b) Mandatory Reporting. All reports required under items
25(16) and (17) of subsection (a) of Section 70-5 shall be
26submitted to the Board in a timely fashion. The reports shall

HB2606- 228 -LRB103 26004 LNS 52358 b
1be filed in writing within 60 days after a determination that a
2report is required under this Article. All reports shall
3contain the following information:
4 (1) The name, address, and telephone number of the
5 person making the report.
6 (2) The name, address, and telephone number of the
7 person who is the subject of the report.
8 (3) The name or other means of identification of any
9 patient or patients whose treatment is a subject of the
10 report, except that no medical records may be revealed
11 without the written consent of the patient or patients.
12 (4) A brief description of the facts that gave rise to
13 the issuance of the report, including, but not limited to,
14 the dates of any occurrences deemed to necessitate the
15 filing of the report.
16 (5) If court action is involved, the identity of the
17 court in which the action is filed, the docket number, and
18 date of filing of the action.
19 (6) Any further pertinent information that the
20 reporting party deems to be an aid in the evaluation of the
21 report.
22 Nothing contained in this Section shall be construed to in
23any way waive or modify the confidentiality of medical reports
24and committee reports to the extent provided by law. Any
25information reported or disclosed shall be kept for the
26confidential use of the Board, the Board's attorneys, the

HB2606- 229 -LRB103 26004 LNS 52358 b
1investigative staff, and authorized clerical staff and shall
2be afforded the same status as is provided information
3concerning medical studies in Part 21 of Article VIII of the
4Code of Civil Procedure.
5 (c) Immunity from Prosecution. An individual or
6organization acting in good faith, and not in a willful and
7wanton manner, in complying with this Section by providing a
8report or other information to the Board, by assisting in the
9investigation or preparation of a report or information, by
10participating in proceedings of the Board, or by serving as a
11member of the Board shall not, as a result of such actions, be
12subject to criminal prosecution or civil damages.
13 (d) Indemnification. Members of the Board, the Board's
14attorneys, the investigative staff, advanced practice
15registered nurses or physicians retained under contract to
16assist and advise in the investigation, and authorized
17clerical staff shall be indemnified by the State for any
18actions (i) occurring within the scope of services on the
19Board, (ii) performed in good faith, and (iii) not willful and
20wanton in nature. The Attorney General shall defend all
21actions taken against those persons unless he or she
22determines either that there would be a conflict of interest
23in the representation or that the actions complained of were
24not performed in good faith or were willful and wanton in
25nature. If the Attorney General declines representation, the
26member shall have the right to employ counsel of his or her

HB2606- 230 -LRB103 26004 LNS 52358 b
1choice, whose fees shall be provided by the State, after
2approval by the Attorney General, unless there is a
3determination by a court that the member's actions were not
4performed in good faith or were willful and wanton in nature.
5The member shall notify the Attorney General within 7 days of
6receipt of notice of the initiation of an action involving
7services of the Board. Failure to so notify the Attorney
8General shall constitute an absolute waiver of the right to a
9defense and indemnification. The Attorney General shall
10determine within 7 days after receiving the notice whether he
11or she will undertake to represent the member.
12 (e) Deliberations of Board. Upon the receipt of a report
13called for by this Section, other than those reports of
14impaired persons licensed under this Article required pursuant
15to the rules of the Board, the Board shall notify in writing by
16certified or registered mail or by email to the email address
17of record the person who is the subject of the report. The
18notification shall be made within 30 days of receipt by the
19Board of the report. The notification shall include a written
20notice setting forth the person's right to examine the report.
21Included in the notification shall be the address at which the
22file is maintained, the name of the custodian of the reports,
23and the telephone number at which the custodian may be
24reached. The person who is the subject of the report shall
25submit a written statement responding to, clarifying, adding
26to, or proposing to amend the report previously filed. The

HB2606- 231 -LRB103 26004 LNS 52358 b
1statement shall become a permanent part of the file and shall
2be received by the Board no more than 30 days after the date on
3which the person was notified of the existence of the original
4report. The Board shall review all reports received by it and
5any supporting information and responding statements submitted
6by persons who are the subject of reports. The review by the
7Board shall be in a timely manner but in no event shall the
8Board's initial review of the material contained in each
9disciplinary file be less than 61 days nor more than 180 days
10after the receipt of the initial report by the Board. When the
11Board makes its initial review of the materials contained
12within its disciplinary files, the Board shall, in writing,
13make a determination as to whether there are sufficient facts
14to warrant further investigation or action. Failure to make
15that determination within the time provided shall be deemed to
16be a determination that there are not sufficient facts to
17warrant further investigation or action. Should the Board find
18that there are not sufficient facts to warrant further
19investigation or action, the report shall be accepted for
20filing and the matter shall be deemed closed and so reported.
21The individual or entity filing the original report or
22complaint and the person who is the subject of the report or
23complaint shall be notified in writing by the Board of any
24final action on their report or complaint.
25 (f) (Blank).
26 (g) Any violation of this Section shall constitute a Class

HB2606- 232 -LRB103 26004 LNS 52358 b
1A misdemeanor.
2 (h) If a person violates the provisions of this Section,
3an action may be brought in the name of the People of the State
4of Illinois, through the Attorney General of the State of
5Illinois, for an order enjoining the violation or for an order
6enforcing compliance with this Section. Upon filing of a
7petition in court, the court may issue a temporary restraining
8order without notice or bond and may preliminarily or
9permanently enjoin the violation, and if it is established
10that the person has violated or is violating the injunction,
11the court may punish the offender for contempt of court.
12Proceedings under this subsection shall be in addition to, and
13not in lieu of, all other remedies and penalties provided for
14by this Section.
15 (i) The Department may adopt rules to implement the
16changes made by this amendatory Act of the 102nd General
17Assembly.
18(Source: P.A. 102-1117, eff. 1-13-23.)
19 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
20 (Section scheduled to be repealed on January 1, 2028)
21 Sec. 70-5. Grounds for disciplinary action.
22 (a) The Department may refuse to issue or to renew, or may
23revoke, suspend, place on probation, reprimand, or take other
24disciplinary or non-disciplinary action as the Department may
25deem appropriate, including fines not to exceed $10,000 per

HB2606- 233 -LRB103 26004 LNS 52358 b
1violation, with regard to a license for any one or combination
2of the causes set forth in subsection (b) below. All fines
3collected under this Section shall be deposited in the Nursing
4Dedicated and Professional Fund.
5 (b) Grounds for disciplinary action include the following:
6 (1) Material deception in furnishing information to
7 the Department.
8 (2) Material violations of any provision of this Act
9 or violation of the rules of or final administrative
10 action of the Secretary, after consideration of the
11 recommendation of the Board.
12 (3) Conviction by plea of guilty or nolo contendere,
13 finding of guilt, jury verdict, or entry of judgment or by
14 sentencing of any crime, including, but not limited to,
15 convictions, preceding sentences of supervision,
16 conditional discharge, or first offender probation, under
17 the laws of any jurisdiction of the United States: (i)
18 that is a felony; or (ii) that is a misdemeanor, an
19 essential element of which is dishonesty, or that is
20 directly related to the practice of the profession.
21 (4) A pattern of practice or other behavior which
22 demonstrates incapacity or incompetency to practice under
23 this Act.
24 (5) Knowingly aiding or assisting another person in
25 violating any provision of this Act or rules.
26 (6) Failing, within 90 days, to provide a response to

HB2606- 234 -LRB103 26004 LNS 52358 b
1 a request for information in response to a written request
2 made by the Department by certified or registered mail or
3 by email to the email address of record.
4 (7) Engaging in dishonorable, unethical, or
5 unprofessional conduct of a character likely to deceive,
6 defraud, or harm the public, as defined by rule.
7 (8) Unlawful taking, theft, selling, distributing, or
8 manufacturing of any drug, narcotic, or prescription
9 device.
10 (9) Habitual or excessive use or addiction to alcohol,
11 narcotics, stimulants, or any other chemical agent or drug
12 that could result in a licensee's inability to practice
13 with reasonable judgment, skill, or safety.
14 (10) Discipline by another U.S. jurisdiction or
15 foreign nation, if at least one of the grounds for the
16 discipline is the same or substantially equivalent to
17 those set forth in this Section.
18 (11) A finding that the licensee, after having her or
19 his license placed on probationary status or subject to
20 conditions or restrictions, has violated the terms of
21 probation or failed to comply with such terms or
22 conditions.
23 (12) Being named as a perpetrator in an indicated
24 report by the Department of Children and Family Services
25 and under the Abused and Neglected Child Reporting Act,
26 and upon proof by clear and convincing evidence that the

HB2606- 235 -LRB103 26004 LNS 52358 b
1 licensee has caused a child to be an abused child or
2 neglected child as defined in the Abused and Neglected
3 Child Reporting Act.
4 (13) Willful omission to file or record, or willfully
5 impeding the filing or recording or inducing another
6 person to omit to file or record medical reports as
7 required by law.
8 (13.5) Willfully failing to report an instance of
9 suspected child abuse or neglect as required by the Abused
10 and Neglected Child Reporting Act.
11 (14) Gross negligence in the practice of practical,
12 professional, or advanced practice registered nursing.
13 (15) Holding oneself out to be practicing nursing
14 under any name other than one's own.
15 (16) Failure of a licensee to report to the Department
16 any adverse final action taken against him or her by
17 another licensing jurisdiction of the United States or any
18 foreign state or country, any peer review body, any health
19 care institution, any professional or nursing society or
20 association, any governmental agency, any law enforcement
21 agency, or any court or a nursing liability claim related
22 to acts or conduct similar to acts or conduct that would
23 constitute grounds for action as defined in this Section.
24 (17) Failure of a licensee to report to the Department
25 surrender by the licensee of a license or authorization to
26 practice nursing or advanced practice registered nursing

HB2606- 236 -LRB103 26004 LNS 52358 b
1 in another state or jurisdiction or current surrender by
2 the licensee of membership on any nursing staff or in any
3 nursing or advanced practice registered nursing or
4 professional association or society while under
5 disciplinary investigation by any of those authorities or
6 bodies for acts or conduct similar to acts or conduct that
7 would constitute grounds for action as defined by this
8 Section.
9 (18) Failing, within 60 days, to provide information
10 in response to a written request made by the Department.
11 (19) Failure to establish and maintain records of
12 patient care and treatment as required by law.
13 (20) Fraud, deceit, or misrepresentation in applying
14 for or procuring a license under this Act or in connection
15 with applying for renewal of a license under this Act.
16 (21) Allowing another person or organization to use
17 the licensee's license to deceive the public.
18 (22) Willfully making or filing false records or
19 reports in the licensee's practice, including, but not
20 limited to, false records to support claims against the
21 medical assistance program of the Department of Healthcare
22 and Family Services (formerly Department of Public Aid)
23 under the Illinois Public Aid Code.
24 (23) Attempting to subvert or cheat on a licensing
25 examination administered under this Act.
26 (24) Immoral conduct in the commission of an act,

HB2606- 237 -LRB103 26004 LNS 52358 b
1 including, but not limited to, sexual abuse, sexual
2 misconduct, or sexual exploitation, related to the
3 licensee's practice.
4 (25) Willfully or negligently violating the
5 confidentiality between nurse and patient except as
6 required by law.
7 (26) Practicing under a false or assumed name, except
8 as provided by law.
9 (27) The use of any false, fraudulent, or deceptive
10 statement in any document connected with the licensee's
11 practice.
12 (28) Directly or indirectly giving to or receiving
13 from a person, firm, corporation, partnership, or
14 association a fee, commission, rebate, or other form of
15 compensation for professional services not actually or
16 personally rendered. Nothing in this paragraph (28)
17 affects any bona fide independent contractor or employment
18 arrangements among health care professionals, health
19 facilities, health care providers, or other entities,
20 except as otherwise prohibited by law. Any employment
21 arrangements may include provisions for compensation,
22 health insurance, pension, or other employment benefits
23 for the provision of services within the scope of the
24 licensee's practice under this Act. Nothing in this
25 paragraph (28) shall be construed to require an employment
26 arrangement to receive professional fees for services

HB2606- 238 -LRB103 26004 LNS 52358 b
1 rendered.
2 (29) A violation of the Health Care Worker
3 Self-Referral Act.
4 (30) Physical illness, mental illness, or disability
5 that results in the inability to practice the profession
6 with reasonable judgment, skill, or safety.
7 (31) Exceeding the terms of a collaborative agreement
8 or the prescriptive authority delegated to a licensee by
9 his or her collaborating physician or podiatric physician
10 in guidelines established under a written collaborative
11 agreement.
12 (32) Making a false or misleading statement regarding
13 a licensee's skill or the efficacy or value of the
14 medicine, treatment, or remedy prescribed by him or her in
15 the course of treatment.
16 (33) Prescribing, selling, administering,
17 distributing, giving, or self-administering a drug
18 classified as a controlled substance (designated product)
19 or narcotic for other than medically accepted therapeutic
20 purposes.
21 (34) Promotion of the sale of drugs, devices,
22 appliances, or goods provided for a patient in a manner to
23 exploit the patient for financial gain.
24 (35) Violating State or federal laws, rules, or
25 regulations relating to controlled substances.
26 (36) Willfully or negligently violating the

HB2606- 239 -LRB103 26004 LNS 52358 b
1 confidentiality between an advanced practice registered
2 nurse, collaborating physician, dentist, or podiatric
3 physician and a patient, except as required by law.
4 (37) Willfully failing to report an instance of
5 suspected abuse, neglect, financial exploitation, or
6 self-neglect of an eligible adult as defined in and
7 required by the Adult Protective Services Act.
8 (38) Being named as an abuser in a verified report by
9 the Department on Aging and under the Adult Protective
10 Services Act, and upon proof by clear and convincing
11 evidence that the licensee abused, neglected, or
12 financially exploited an eligible adult as defined in the
13 Adult Protective Services Act.
14 (39) A violation of any provision of this Act or any
15 rules adopted under this Act.
16 (40) Violating the Compassionate Use of Medical
17 Cannabis Program Act.
18 (b-5) The Department shall not revoke, suspend, summarily
19suspend, place on probation, reprimand, refuse to issue or
20renew, or take any other disciplinary or non-disciplinary
21action against the license or permit issued under this Act to
22practice as a registered nurse or an advanced practice
23registered nurse based solely upon the registered nurse or
24advanced practice registered nurse providing, authorizing,
25recommending, aiding, assisting, referring for, or otherwise
26participating in any health care service, so long as the care

HB2606- 240 -LRB103 26004 LNS 52358 b
1was not unlawful under the laws of this State, regardless of
2whether the patient was a resident of this State or another
3state.
4 (b-10) The Department shall not revoke, suspend, summarily
5suspend, place on prohibition, reprimand, refuse to issue or
6renew, or take any other disciplinary or non-disciplinary
7action against the license or permit issued under this Act to
8practice as a registered nurse or an advanced practice
9registered nurse based upon the registered nurse's or advanced
10practice registered nurse's license being revoked or
11suspended, or the registered nurse or advanced practice
12registered nurse being otherwise disciplined by any other
13state, if that revocation, suspension, or other form of
14discipline was based solely on the registered nurse or
15advanced practice registered nurse violating another state's
16laws prohibiting the provision of, authorization of,
17recommendation of, aiding or assisting in, referring for, or
18participation in any health care service if that health care
19service as provided would not have been unlawful under the
20laws of this State and is consistent with the standards of
21conduct for the registered nurse or advanced practice
22registered nurse practicing in Illinois.
23 (b-15) The conduct specified in subsections (b-5) and
24(b-10) shall not trigger reporting requirements under Section
2565-65 or constitute grounds for suspension under Section
2670-60.

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1 (b-20) An applicant seeking licensure, certification, or
2authorization under this Act who has been subject to
3disciplinary action by a duly authorized professional
4disciplinary agency of another jurisdiction solely on the
5basis of having provided, authorized, recommended, aided,
6assisted, referred for, or otherwise participated in health
7care shall not be denied such licensure, certification, or
8authorization, unless the Department determines that such
9action would have constituted professional misconduct in this
10State; however, nothing in this Section shall be construed as
11prohibiting the Department from evaluating the conduct of such
12applicant and making a determination regarding the licensure,
13certification, or authorization to practice a profession under
14this Act.
15 (c) The determination by a circuit court that a licensee
16is subject to involuntary admission or judicial admission as
17provided in the Mental Health and Developmental Disabilities
18Code, as amended, operates as an automatic suspension. The
19suspension will end only upon a finding by a court that the
20patient is no longer subject to involuntary admission or
21judicial admission and issues an order so finding and
22discharging the patient; and upon the recommendation of the
23Board to the Secretary that the licensee be allowed to resume
24his or her practice.
25 (d) The Department may refuse to issue or may suspend or
26otherwise discipline the license of any person who fails to

HB2606- 242 -LRB103 26004 LNS 52358 b
1file a return, or to pay the tax, penalty or interest shown in
2a filed return, or to pay any final assessment of the tax,
3penalty, or interest as required by any tax Act administered
4by the Department of Revenue, until such time as the
5requirements of any such tax Act are satisfied.
6 (e) In enforcing this Act, the Department, upon a showing
7of a possible violation, may compel an individual licensed to
8practice under this Act or who has applied for licensure under
9this Act, to submit to a mental or physical examination, or
10both, as required by and at the expense of the Department. The
11Department may order the examining physician to present
12testimony concerning the mental or physical examination of the
13licensee or applicant. No information shall be excluded by
14reason of any common law or statutory privilege relating to
15communications between the licensee or applicant and the
16examining physician. The examining physicians shall be
17specifically designated by the Department. The individual to
18be examined may have, at his or her own expense, another
19physician of his or her choice present during all aspects of
20this examination. Failure of an individual to submit to a
21mental or physical examination, when directed, shall result in
22an automatic suspension without hearing.
23 All substance-related violations shall mandate an
24automatic substance abuse assessment. Failure to submit to an
25assessment by a licensed physician who is certified as an
26addictionist or an advanced practice registered nurse with

HB2606- 243 -LRB103 26004 LNS 52358 b
1specialty certification in addictions may be grounds for an
2automatic suspension, as defined by rule.
3 If the Department finds an individual unable to practice
4or unfit for duty because of the reasons set forth in this
5subsection (e), the Department may require that individual to
6submit to a substance abuse evaluation or treatment by
7individuals or programs approved or designated by the
8Department, as a condition, term, or restriction for
9continued, restored, or renewed licensure to practice; or, in
10lieu of evaluation or treatment, the Department may file, or
11the Board may recommend to the Department to file, a complaint
12to immediately suspend, revoke, or otherwise discipline the
13license of the individual. An individual whose license was
14granted, continued, restored, renewed, disciplined, or
15supervised subject to such terms, conditions, or restrictions,
16and who fails to comply with such terms, conditions, or
17restrictions, shall be referred to the Secretary for a
18determination as to whether the individual shall have his or
19her license suspended immediately, pending a hearing by the
20Department.
21 In instances in which the Secretary immediately suspends a
22person's license under this subsection (e), a hearing on that
23person's license must be convened by the Department within 15
24days after the suspension and completed without appreciable
25delay. The Department and Board shall have the authority to
26review the subject individual's record of treatment and

HB2606- 244 -LRB103 26004 LNS 52358 b
1counseling regarding the impairment to the extent permitted by
2applicable federal statutes and regulations safeguarding the
3confidentiality of medical records.
4 An individual licensed under this Act and affected under
5this subsection (e) shall be afforded an opportunity to
6demonstrate to the Department that he or she can resume
7practice in compliance with nursing standards under the
8provisions of his or her license.
9 (f) The Department may adopt rules to implement the
10changes made by this amendatory Act of the 102nd General
11Assembly.
12(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
13102-1117, eff. 1-13-23.)
14 Section 5-105. The Pharmacy Practice Act is amended by
15changing Sections 30, 30.1, and 43 as follows:
16 (225 ILCS 85/30) (from Ch. 111, par. 4150)
17 (Section scheduled to be repealed on January 1, 2028)
18 Sec. 30. Refusal, revocation, suspension, or other
19discipline.
20 (a) The Department may refuse to issue or renew, or may
21revoke a license, or may suspend, place on probation, fine, or
22take any disciplinary or non-disciplinary action as the
23Department may deem proper, including fines not to exceed
24$10,000 for each violation, with regard to any licensee for

HB2606- 245 -LRB103 26004 LNS 52358 b
1any one or combination of the following causes:
2 1. Material misstatement in furnishing information to
3 the Department.
4 2. Violations of this Act, or the rules promulgated
5 hereunder.
6 3. Making any misrepresentation for the purpose of
7 obtaining licenses.
8 4. A pattern of conduct which demonstrates
9 incompetence or unfitness to practice.
10 5. Aiding or assisting another person in violating any
11 provision of this Act or rules.
12 6. Failing, within 60 days, to respond to a written
13 request made by the Department for information.
14 7. Engaging in unprofessional, dishonorable, or
15 unethical conduct of a character likely to deceive,
16 defraud or harm the public as defined by rule.
17 8. Adverse action taken by another state or
18 jurisdiction against a license or other authorization to
19 practice as a pharmacy, pharmacist, registered certified
20 pharmacy technician, or registered pharmacy technician
21 that is the same or substantially equivalent to those set
22 forth in this Section, a certified copy of the record of
23 the action taken by the other state or jurisdiction being
24 prima facie evidence thereof.
25 9. Directly or indirectly giving to or receiving from
26 any person, firm, corporation, partnership, or association

HB2606- 246 -LRB103 26004 LNS 52358 b
1 any fee, commission, rebate or other form of compensation
2 for any professional services not actually or personally
3 rendered. Nothing in this item 9 affects any bona fide
4 independent contractor or employment arrangements among
5 health care professionals, health facilities, health care
6 providers, or other entities, except as otherwise
7 prohibited by law. Any employment arrangements may include
8 provisions for compensation, health insurance, pension, or
9 other employment benefits for the provision of services
10 within the scope of the licensee's practice under this
11 Act. Nothing in this item 9 shall be construed to require
12 an employment arrangement to receive professional fees for
13 services rendered.
14 10. A finding by the Department that the licensee,
15 after having his license placed on probationary status,
16 has violated the terms of probation.
17 11. Selling or engaging in the sale of drug samples
18 provided at no cost by drug manufacturers.
19 12. Physical illness, including, but not limited to,
20 deterioration through the aging process, or loss of motor
21 skill which results in the inability to practice the
22 profession with reasonable judgment, skill or safety.
23 13. A finding that licensure or registration has been
24 applied for or obtained by fraudulent means.
25 14. Conviction by plea of guilty or nolo contendere,
26 finding of guilt, jury verdict, or entry of judgment or

HB2606- 247 -LRB103 26004 LNS 52358 b
1 sentencing, including, but not limited to, convictions,
2 preceding sentences of supervision, conditional discharge,
3 or first offender probation, under the laws of any
4 jurisdiction of the United States that is (i) a felony or
5 (ii) a misdemeanor, an essential element of which is
6 dishonesty, or that is directly related to the practice of
7 pharmacy or involves controlled substances.
8 15. Habitual or excessive use or addiction to alcohol,
9 narcotics, stimulants or any other chemical agent or drug
10 which results in the inability to practice with reasonable
11 judgment, skill or safety.
12 16. Willfully making or filing false records or
13 reports in the practice of pharmacy, including, but not
14 limited to, false records to support claims against the
15 medical assistance program of the Department of Healthcare
16 and Family Services (formerly Department of Public Aid)
17 under the Public Aid Code.
18 17. Gross and willful overcharging for professional
19 services including filing false statements for collection
20 of fees for which services are not rendered, including,
21 but not limited to, filing false statements for collection
22 of monies for services not rendered from the medical
23 assistance program of the Department of Healthcare and
24 Family Services (formerly Department of Public Aid) under
25 the Public Aid Code.
26 18. Dispensing prescription drugs without receiving a

HB2606- 248 -LRB103 26004 LNS 52358 b
1 written or oral prescription in violation of law.
2 19. Upon a finding of a substantial discrepancy in a
3 Department audit of a prescription drug, including
4 controlled substances, as that term is defined in this Act
5 or in the Illinois Controlled Substances Act.
6 20. Physical or mental illness or any other impairment
7 or disability, including, without limitation: (A)
8 deterioration through the aging process or loss of motor
9 skills that results in the inability to practice with
10 reasonable judgment, skill or safety; or (B) mental
11 incompetence, as declared by a court of competent
12 jurisdiction.
13 21. Violation of the Health Care Worker Self-Referral
14 Act.
15 22. Failing to sell or dispense any drug, medicine, or
16 poison in good faith. "Good faith", for the purposes of
17 this Section, has the meaning ascribed to it in subsection
18 (u) of Section 102 of the Illinois Controlled Substances
19 Act. "Good faith", as used in this item (22), shall not be
20 limited to the sale or dispensing of controlled
21 substances, but shall apply to all prescription drugs.
22 23. Interfering with the professional judgment of a
23 pharmacist by any licensee under this Act, or the
24 licensee's agents or employees.
25 24. Failing to report within 60 days to the Department
26 any adverse final action taken against a pharmacy,

HB2606- 249 -LRB103 26004 LNS 52358 b
1 pharmacist, registered pharmacy technician, or registered
2 certified pharmacy technician by another licensing
3 jurisdiction in any other state or any territory of the
4 United States or any foreign jurisdiction, any
5 governmental agency, any law enforcement agency, or any
6 court for acts or conduct similar to acts or conduct that
7 would constitute grounds for discipline as defined in this
8 Section.
9 25. Failing to comply with a subpoena issued in
10 accordance with Section 35.5 of this Act.
11 26. Disclosing protected health information in
12 violation of any State or federal law.
13 27. Willfully failing to report an instance of
14 suspected abuse, neglect, financial exploitation, or
15 self-neglect of an eligible adult as defined in and
16 required by the Adult Protective Services Act.
17 28. Being named as an abuser in a verified report by
18 the Department on Aging under the Adult Protective
19 Services Act, and upon proof by clear and convincing
20 evidence that the licensee abused, neglected, or
21 financially exploited an eligible adult as defined in the
22 Adult Protective Services Act.
23 29. Using advertisements or making solicitations that
24 may jeopardize the health, safety, or welfare of patients,
25 including, but not limited to, the use of advertisements
26 or solicitations that:

HB2606- 250 -LRB103 26004 LNS 52358 b
1 (A) are false, fraudulent, deceptive, or
2 misleading; or
3 (B) include any claim regarding a professional
4 service or product or the cost or price thereof that
5 cannot be substantiated by the licensee.
6 30. Requiring a pharmacist to participate in the use
7 or distribution of advertisements or in making
8 solicitations that may jeopardize the health, safety, or
9 welfare of patients.
10 31. Failing to provide a working environment for all
11 pharmacy personnel that protects the health, safety, and
12 welfare of a patient, which includes, but is not limited
13 to, failing to:
14 (A) employ sufficient personnel to prevent
15 fatigue, distraction, or other conditions that
16 interfere with a pharmacist's ability to practice with
17 competency and safety or creates an environment that
18 jeopardizes patient care;
19 (B) provide appropriate opportunities for
20 uninterrupted rest periods and meal breaks;
21 (C) provide adequate time for a pharmacist to
22 complete professional duties and responsibilities,
23 including, but not limited to:
24 (i) drug utilization review;
25 (ii) immunization;
26 (iii) counseling;

HB2606- 251 -LRB103 26004 LNS 52358 b
1 (iv) verification of the accuracy of a
2 prescription; and
3 (v) all other duties and responsibilities of a
4 pharmacist as listed in the rules of the
5 Department.
6 32. Introducing or enforcing external factors, such as
7 productivity or production quotas or other programs
8 against pharmacists, student pharmacists or pharmacy
9 technicians, to the extent that they interfere with the
10 ability of those individuals to provide appropriate
11 professional services to the public.
12 33. Providing an incentive for or inducing the
13 transfer of a prescription for a patient absent a
14 professional rationale.
15 (b) The Department may refuse to issue or may suspend the
16license of any person who fails to file a return, or to pay the
17tax, penalty or interest shown in a filed return, or to pay any
18final assessment of tax, penalty or interest, as required by
19any tax Act administered by the Illinois Department of
20Revenue, until such time as the requirements of any such tax
21Act are satisfied.
22 (c) The Department shall revoke any license issued under
23the provisions of this Act or any prior Act of this State of
24any person who has been convicted a second time of committing
25any felony under the Illinois Controlled Substances Act, or
26who has been convicted a second time of committing a Class 1

HB2606- 252 -LRB103 26004 LNS 52358 b
1felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
2Code. A person whose license issued under the provisions of
3this Act or any prior Act of this State is revoked under this
4subsection (c) shall be prohibited from engaging in the
5practice of pharmacy in this State.
6 (c-5) The Department shall not revoke, suspend, summarily
7suspend, place on prohibition, reprimand, refuse to issue or
8renew, or take any other disciplinary or non-disciplinary
9action against the license or permit issued under this Act to
10practice as a pharmacist, registered pharmacy technician, or
11registered certified pharmacy technician based solely upon the
12pharmacist, registered pharmacy technician, or registered
13certified pharmacy technician providing, authorizing,
14recommending, aiding, assisting, referring for, or otherwise
15participating in any health care service, so long as the care
16was not unlawful under the laws of this State, regardless of
17whether the patient was a resident of this State or another
18state.
19 (c-10) The Department shall not revoke, suspend, summarily
20suspend, place on prohibition, reprimand, refuse to issue or
21renew, or take any other disciplinary or non-disciplinary
22action against the license or permit issued under this Act to
23practice as a pharmacist, registered pharmacy technician, or
24registered certified pharmacy technician based upon the
25pharmacist's, registered pharmacy technician's, or registered
26certified pharmacy technician's license being revoked or

HB2606- 253 -LRB103 26004 LNS 52358 b
1suspended, or the pharmacist being otherwise disciplined by
2any other state, if that revocation, suspension, or other form
3of discipline was based solely on the pharmacist, registered
4pharmacy technician, or registered certified pharmacy
5technician violating another state's laws prohibiting the
6provision of, authorization of, recommendation of, aiding or
7assisting in, referring for, or participation in any health
8care service if that health care service as provided would not
9have been unlawful under the laws of this State and is
10consistent with the standards of conduct for a pharmacist,
11registered pharmacy technician, or registered certified
12pharmacy technician practicing in Illinois.
13 (c-15) The conduct specified in subsections (c-5) and
14(c-10) shall not constitute grounds for suspension under
15Section 35.16.
16 (c-20) An applicant seeking licensure, certification, or
17authorization pursuant to this Act who has been subject to
18disciplinary action by a duly authorized professional
19disciplinary agency of another jurisdiction solely on the
20basis of having provided, authorized, recommended, aided,
21assisted, referred for, or otherwise participated in health
22care shall not be denied such licensure, certification, or
23authorization, unless the Department determines that such
24action would have constituted professional misconduct in this
25State; however, nothing in this Section shall be construed as
26prohibiting the Department from evaluating the conduct of such

HB2606- 254 -LRB103 26004 LNS 52358 b
1applicant and making a determination regarding the licensure,
2certification, or authorization to practice a profession under
3this Act.
4 (d) Fines may be imposed in conjunction with other forms
5of disciplinary action, but shall not be the exclusive
6disposition of any disciplinary action arising out of conduct
7resulting in death or injury to a patient. Fines shall be paid
8within 60 days or as otherwise agreed to by the Department. Any
9funds collected from such fines shall be deposited in the
10Illinois State Pharmacy Disciplinary Fund.
11 (e) The entry of an order or judgment by any circuit court
12establishing that any person holding a license or certificate
13under this Act is a person in need of mental treatment operates
14as a suspension of that license. A licensee may resume his or
15her practice only upon the entry of an order of the Department
16based upon a finding by the Board that he or she has been
17determined to be recovered from mental illness by the court
18and upon the Board's recommendation that the licensee be
19permitted to resume his or her practice.
20 (f) The Department shall issue quarterly to the Board a
21status of all complaints related to the profession received by
22the Department.
23 (g) In enforcing this Section, the Board or the
24Department, upon a showing of a possible violation, may compel
25any licensee or applicant for licensure under this Act to
26submit to a mental or physical examination or both, as

HB2606- 255 -LRB103 26004 LNS 52358 b
1required by and at the expense of the Department. The
2examining physician, or multidisciplinary team involved in
3providing physical and mental examinations led by a physician
4consisting of one or a combination of licensed physicians,
5licensed clinical psychologists, licensed clinical social
6workers, licensed clinical professional counselors, and other
7professional and administrative staff, shall be those
8specifically designated by the Department. The Board or the
9Department may order the examining physician or any member of
10the multidisciplinary team to present testimony concerning
11this mental or physical examination of the licensee or
12applicant. No information, report, or other documents in any
13way related to the examination shall be excluded by reason of
14any common law or statutory privilege relating to
15communication between the licensee or applicant and the
16examining physician or any member of the multidisciplinary
17team. The individual to be examined may have, at his or her own
18expense, another physician of his or her choice present during
19all aspects of the examination. Failure of any individual to
20submit to a mental or physical examination when directed shall
21result in the automatic suspension of his or her license until
22such time as the individual submits to the examination. If the
23Board or Department finds a pharmacist, registered certified
24pharmacy technician, or registered pharmacy technician unable
25to practice because of the reasons set forth in this Section,
26the Board or Department shall require such pharmacist,

HB2606- 256 -LRB103 26004 LNS 52358 b
1registered certified pharmacy technician, or registered
2pharmacy technician to submit to care, counseling, or
3treatment by physicians or other appropriate health care
4providers approved or designated by the Department as a
5condition for continued, restored, or renewed licensure to
6practice. Any pharmacist, registered certified pharmacy
7technician, or registered pharmacy technician whose license
8was granted, continued, restored, renewed, disciplined, or
9supervised, subject to such terms, conditions, or
10restrictions, and who fails to comply with such terms,
11conditions, or restrictions or to complete a required program
12of care, counseling, or treatment, as determined by the chief
13pharmacy coordinator, shall be referred to the Secretary for a
14determination as to whether the licensee shall have his or her
15license suspended immediately, pending a hearing by the Board.
16In instances in which the Secretary immediately suspends a
17license under this subsection (g), a hearing upon such
18person's license must be convened by the Board within 15 days
19after such suspension and completed without appreciable delay.
20The Department and Board shall have the authority to review
21the subject pharmacist's, registered certified pharmacy
22technician's, or registered pharmacy technician's record of
23treatment and counseling regarding the impairment.
24 (h) An individual or organization acting in good faith,
25and not in a willful and wanton manner, in complying with this
26Section by providing a report or other information to the

HB2606- 257 -LRB103 26004 LNS 52358 b
1Board, by assisting in the investigation or preparation of a
2report or information, by participating in proceedings of the
3Board, or by serving as a member of the Board shall not, as a
4result of such actions, be subject to criminal prosecution or
5civil damages. Any person who reports a violation of this
6Section to the Department is protected under subsection (b) of
7Section 15 of the Whistleblower Act.
8 (i) Members of the Board shall have no liability in any
9action based upon any disciplinary proceedings or other
10activity performed in good faith as a member of the Board. The
11Attorney General shall defend all such actions unless he or
12she determines either that there would be a conflict of
13interest in such representation or that the actions complained
14of were not in good faith or were willful and wanton.
15 If the Attorney General declines representation, the
16member shall have the right to employ counsel of his or her
17choice, whose fees shall be provided by the State, after
18approval by the Attorney General, unless there is a
19determination by a court that the member's actions were not in
20good faith or were willful and wanton.
21 The member must notify the Attorney General within 7 days
22of receipt of notice of the initiation of any action involving
23services of the Board. Failure to so notify the Attorney
24General shall constitute an absolute waiver of the right to a
25defense and indemnification.
26 The Attorney General shall determine, within 7 days after

HB2606- 258 -LRB103 26004 LNS 52358 b
1receiving such notice, whether he or she will undertake to
2represent the member.
3 (j) The Department may adopt rules to implement the
4changes made by this amendatory Act of the 102nd General
5Assembly.
6(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
7102-1117, eff. 1-13-23.)
8 (225 ILCS 85/30.1)
9 (Section scheduled to be repealed on January 1, 2028)
10 Sec. 30.1. Reporting.
11 (a) When a pharmacist, registered certified pharmacy
12technician, or a registered pharmacy technician licensed by
13the Department is terminated for actions which may have
14threatened patient safety, the pharmacy or
15pharmacist-in-charge, pursuant to the policies and procedures
16of the pharmacy at which he or she is employed, shall report
17the termination to the chief pharmacy coordinator. Such
18reports shall be strictly confidential and may be reviewed and
19considered only by the members of the Board or by authorized
20Department staff. Such reports, and any records associated
21with such reports, are exempt from public disclosure and the
22Freedom of Information Act. Although the reports are exempt
23from disclosure, any formal complaint filed against a licensee
24or registrant by the Department or any order issued by the
25Department against a licensee, registrant, or applicant shall

HB2606- 259 -LRB103 26004 LNS 52358 b
1be a public record, except as otherwise prohibited by law. A
2pharmacy shall not take any adverse action, including, but not
3limited to, disciplining or terminating a pharmacist,
4registered certified pharmacy technician, or registered
5pharmacy technician, as a result of an adverse action against
6the person's license or clinical privileges or other
7disciplinary action by another state or health care
8institution that resulted from the pharmacist's, registered
9certified pharmacy technician's, or registered pharmacy
10technician's provision of, authorization of, recommendation
11of, aiding or assistance with, referral for, or participation
12in any health care service, if the adverse action was based
13solely on a violation of the other state's law prohibiting the
14provision such health care and related services in the state
15or for a resident of the state.
16 (b) The report shall be submitted to the chief pharmacy
17coordinator in a timely fashion. Unless otherwise provided in
18this Section, the reports shall be filed in writing, on forms
19provided by the Department, within 60 days after a pharmacy's
20determination that a report is required under this Act. All
21reports shall contain only the following information:
22 (1) The name, address, and telephone number of the
23 person making the report.
24 (2) The name, license number, and last known address
25 and telephone number of the person who is the subject of
26 the report.

HB2606- 260 -LRB103 26004 LNS 52358 b
1 (3) A brief description of the facts which gave rise
2 to the issuance of the report, including dates of
3 occurrence.
4 (c) The contents of any report and any records associated
5with such report shall be strictly confidential and may only
6be reviewed by:
7 (1) members of the Board of Pharmacy;
8 (2) the Board of Pharmacy's designated attorney;
9 (3) administrative personnel assigned to open mail
10 containing reports, to process and distribute reports to
11 authorized persons, and to communicate with senders of
12 reports;
13 (4) Department investigators and Department
14 prosecutors; or
15 (5) attorneys from the Office of the Illinois Attorney
16 General representing the Department in litigation in
17 response to specific disciplinary action the Department
18 has taken or initiated against a specific individual
19 pursuant to this Section.
20 (d) Whenever a pharmacy or pharmacist-in-charge makes a
21report and provides any records associated with that report to
22the Department, acts in good faith, and not in a willful and
23wanton manner, the person or entity making the report and the
24pharmacy or health care institution employing him or her shall
25not, as a result of such actions, be subject to criminal
26prosecution or civil damages.

HB2606- 261 -LRB103 26004 LNS 52358 b
1 (e) The Department may adopt rules to implement the
2changes made by this amendatory Act of the 102nd General
3Assembly.
4(Source: P.A. 102-1117, eff. 1-13-23.)
5 (225 ILCS 85/43)
6 (Section scheduled to be repealed on January 1, 2028)
7 Sec. 43. Dispensation of hormonal contraceptives.
8 (a) The dispensing of hormonal contraceptives to a patient
9shall be pursuant to a valid prescription, or pursuant to a
10standing order by a physician licensed to practice medicine in
11all its branches or , a standing order by the medical director
12of a local health department, or a standing order by the
13Department of Public Health pursuant to the following:
14 (1) a pharmacist may dispense no more than a 12-month
15 supply of hormonal contraceptives to a patient;
16 (2) a pharmacist must complete an educational training
17 program accredited by the Accreditation Council for
18 Pharmacy Education and approved by the Department that is
19 related to the patient self-screening risk assessment,
20 patient assessment contraceptive counseling and education,
21 and dispensation of hormonal contraceptives;
22 (3) a pharmacist shall have the patient complete the
23 self-screening risk assessment tool; the self-screening
24 risk assessment tool is to be based on the most current
25 version of the United States Medical Eligibility Criteria

HB2606- 262 -LRB103 26004 LNS 52358 b
1 for Contraceptive Use published by the federal Centers for
2 Disease Control and Prevention;
3 (4) based upon the results of the self-screening risk
4 assessment and the patient assessment, the pharmacist
5 shall use his or her professional and clinical judgment as
6 to when a patient should be referred to the patient's
7 physician or another health care provider;
8 (5) a pharmacist shall provide, during the patient
9 assessment and consultation, counseling and education
10 about all methods of contraception, including methods not
11 covered under the standing order, and their proper use and
12 effectiveness;
13 (6) the patient consultation shall take place in a
14 private manner; and
15 (7) a pharmacist and pharmacy must maintain
16 appropriate records.
17 (b) The Department may adopt rules to implement this
18Section.
19 (c) Nothing in this Section shall be interpreted to
20require a pharmacist to dispense hormonal contraception under
21a standing order issued by a physician licensed to practice
22medicine in all its branches or the medical director of a local
23health department.
24 (d) Notwithstanding any other provision of the law to the
25contrary, a pharmacist may dispense hormonal contraceptives in
26conformance with standing orders issued pursuant to this

HB2606- 263 -LRB103 26004 LNS 52358 b
1Section without prior establishment of a relationship between
2the pharmacist and the person receiving hormonal
3contraception.
4 (e) No employee of the Department of Public Health issuing
5a standing order pursuant to this Section shall, as a result of
6the employee's acts or omissions in issuing the standing order
7pursuant to this Section, be subject to (i) any disciplinary
8or other adverse action under the Medical Practice Act of
91987, (ii) any civil liability, or (iii) any criminal
10liability.
11(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22;
12102-1117, eff. 1-13-23.)
13 Section 5-110. The Physician Assistant Practice Act of
141987 is amended by changing Sections 7.5 and 21 as follows:
15 (225 ILCS 95/7.5)
16 (Section scheduled to be repealed on January 1, 2028)
17 Sec. 7.5. Written collaborative agreements; prescriptive
18authority.
19 (a) A written collaborative agreement is required for all
20physician assistants to practice in the State, except as
21provided in Section 7.7 of this Act.
22 (1) A written collaborative agreement shall describe
23 the working relationship of the physician assistant with
24 the collaborating physician and shall describe the

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1 categories of care, treatment, or procedures to be
2 provided by the physician assistant. The written
3 collaborative agreement shall promote the exercise of
4 professional judgment by the physician assistant
5 commensurate with his or her education and experience. The
6 services to be provided by the physician assistant shall
7 be services that the collaborating physician is authorized
8 to and generally provides to his or her patients in the
9 normal course of his or her clinical medical practice. The
10 written collaborative agreement need not describe the
11 exact steps that a physician assistant must take with
12 respect to each specific condition, disease, or symptom
13 but must specify which authorized procedures require the
14 presence of the collaborating physician as the procedures
15 are being performed. The relationship under a written
16 collaborative agreement shall not be construed to require
17 the personal presence of a physician at the place where
18 services are rendered. Methods of communication shall be
19 available for consultation with the collaborating
20 physician in person or by telecommunications or electronic
21 communications as set forth in the written collaborative
22 agreement. For the purposes of this Act, "generally
23 provides to his or her patients in the normal course of his
24 or her clinical medical practice" means services, not
25 specific tasks or duties, the collaborating physician
26 routinely provides individually or through delegation to

HB2606- 265 -LRB103 26004 LNS 52358 b
1 other persons so that the physician has the experience and
2 ability to collaborate and provide consultation.
3 (2) The written collaborative agreement shall be
4 adequate if a physician does each of the following:
5 (A) Participates in the joint formulation and
6 joint approval of orders or guidelines with the
7 physician assistant and he or she periodically reviews
8 such orders and the services provided patients under
9 such orders in accordance with accepted standards of
10 medical practice and physician assistant practice.
11 (B) Provides consultation at least once a month.
12 (3) A copy of the signed, written collaborative
13 agreement must be available to the Department upon request
14 from both the physician assistant and the collaborating
15 physician.
16 (4) A physician assistant shall inform each
17 collaborating physician of all written collaborative
18 agreements he or she has signed and provide a copy of these
19 to any collaborating physician upon request.
20 (b) A collaborating physician may, but is not required to,
21delegate prescriptive authority to a physician assistant as
22part of a written collaborative agreement. This authority may,
23but is not required to, include prescription of, selection of,
24orders for, administration of, storage of, acceptance of
25samples of, and dispensing medical devices, over the counter
26medications, legend drugs, medical gases, and controlled

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1substances categorized as Schedule II through V controlled
2substances, as defined in Article II of the Illinois
3Controlled Substances Act, and other preparations, including,
4but not limited to, botanical and herbal remedies. The
5collaborating physician must have a valid, current Illinois
6controlled substance license and federal registration with the
7Drug Enforcement Administration to delegate the authority to
8prescribe controlled substances.
9 (1) To prescribe Schedule II, III, IV, or V controlled
10 substances under this Section, a physician assistant must
11 obtain a mid-level practitioner controlled substances
12 license. Medication orders issued by a physician assistant
13 shall be reviewed periodically by the collaborating
14 physician.
15 (2) The collaborating physician shall file with the
16 Department notice of delegation of prescriptive authority
17 to a physician assistant and termination of delegation,
18 specifying the authority delegated or terminated. Upon
19 receipt of this notice delegating authority to prescribe
20 controlled substances, the physician assistant shall be
21 eligible to register for a mid-level practitioner
22 controlled substances license under Section 303.05 of the
23 Illinois Controlled Substances Act. Nothing in this Act
24 shall be construed to limit the delegation of tasks or
25 duties by the collaborating physician to a nurse or other
26 appropriately trained persons in accordance with Section

HB2606- 267 -LRB103 26004 LNS 52358 b
1 54.2 of the Medical Practice Act of 1987.
2 (3) In addition to the requirements of this subsection
3 (b), a collaborating physician may, but is not required
4 to, delegate authority to a physician assistant to
5 prescribe Schedule II controlled substances, if all of the
6 following conditions apply:
7 (A) Specific Schedule II controlled substances by
8 oral dosage or topical or transdermal application may
9 be delegated, provided that the delegated Schedule II
10 controlled substances are routinely prescribed by the
11 collaborating physician. This delegation must identify
12 the specific Schedule II controlled substances by
13 either brand name or generic name. Schedule II
14 controlled substances to be delivered by injection or
15 other route of administration may not be delegated.
16 (B) (Blank).
17 (C) Any prescription must be limited to no more
18 than a 30-day supply, with any continuation authorized
19 only after prior approval of the collaborating
20 physician.
21 (D) The physician assistant must discuss the
22 condition of any patients for whom a controlled
23 substance is prescribed monthly with the collaborating
24 physician.
25 (E) The physician assistant meets the education
26 requirements of Section 303.05 of the Illinois

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1 Controlled Substances Act.
2 (c) Nothing in this Act shall be construed to limit the
3delegation of tasks or duties by a physician to a licensed
4practical nurse, a registered professional nurse, or other
5persons. Nothing in this Act shall be construed to limit the
6method of delegation that may be authorized by any means,
7including, but not limited to, oral, written, electronic,
8standing orders, protocols, guidelines, or verbal orders.
9Nothing in this Act shall be construed to authorize a
10physician assistant to provide health care services required
11by law or rule to be performed by a physician. Nothing in this
12Act shall be construed to authorize the delegation or
13performance of operative surgery. Nothing in this Section
14shall be construed to preclude a physician assistant from
15assisting in surgery.
16 (c-5) Nothing in this Section shall be construed to apply
17to any medication authority, including Schedule II controlled
18substances of a licensed physician assistant for care provided
19in a hospital, hospital affiliate, or ambulatory surgical
20treatment center pursuant to Section 7.7 of this Act.
21 (d) (Blank).
22 (e) Nothing in this Section shall be construed to prohibit
23generic substitution.
24(Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
25 (225 ILCS 95/21) (from Ch. 111, par. 4621)

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1 (Section scheduled to be repealed on January 1, 2028)
2 Sec. 21. Grounds for disciplinary action.
3 (a) The Department may refuse to issue or to renew, or may
4revoke, suspend, place on probation, reprimand, or take other
5disciplinary or non-disciplinary action with regard to any
6license issued under this Act as the Department may deem
7proper, including the issuance of fines not to exceed $10,000
8for each violation, for any one or combination of the
9following causes:
10 (1) Material misstatement in furnishing information to
11 the Department.
12 (2) Violations of this Act, or the rules adopted under
13 this Act.
14 (3) Conviction by plea of guilty or nolo contendere,
15 finding of guilt, jury verdict, or entry of judgment or
16 sentencing, including, but not limited to, convictions,
17 preceding sentences of supervision, conditional discharge,
18 or first offender probation, under the laws of any
19 jurisdiction of the United States that is: (i) a felony;
20 or (ii) a misdemeanor, an essential element of which is
21 dishonesty, or that is directly related to the practice of
22 the profession.
23 (4) Making any misrepresentation for the purpose of
24 obtaining licenses.
25 (5) Professional incompetence.
26 (6) Aiding or assisting another person in violating

HB2606- 270 -LRB103 26004 LNS 52358 b
1 any provision of this Act or its rules.
2 (7) Failing, within 60 days, to provide information in
3 response to a written request made by the Department.
4 (8) Engaging in dishonorable, unethical, or
5 unprofessional conduct, as defined by rule, of a character
6 likely to deceive, defraud, or harm the public.
7 (9) Habitual or excessive use or addiction to alcohol,
8 narcotics, stimulants, or any other chemical agent or drug
9 that results in a physician assistant's inability to
10 practice with reasonable judgment, skill, or safety.
11 (10) Discipline by another U.S. jurisdiction or
12 foreign nation, if at least one of the grounds for
13 discipline is the same or substantially equivalent to
14 those set forth in this Section.
15 (11) Directly or indirectly giving to or receiving
16 from any person, firm, corporation, partnership, or
17 association any fee, commission, rebate or other form of
18 compensation for any professional services not actually or
19 personally rendered. Nothing in this paragraph (11)
20 affects any bona fide independent contractor or employment
21 arrangements, which may include provisions for
22 compensation, health insurance, pension, or other
23 employment benefits, with persons or entities authorized
24 under this Act for the provision of services within the
25 scope of the licensee's practice under this Act.
26 (12) A finding by the Board that the licensee, after

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1 having his or her license placed on probationary status,
2 has violated the terms of probation.
3 (13) Abandonment of a patient.
4 (14) Willfully making or filing false records or
5 reports in his or her practice, including but not limited
6 to false records filed with State state agencies or
7 departments.
8 (15) Willfully failing to report an instance of
9 suspected child abuse or neglect as required by the Abused
10 and Neglected Child Reporting Act.
11 (16) Physical illness, or mental illness or impairment
12 that results in the inability to practice the profession
13 with reasonable judgment, skill, or safety, including, but
14 not limited to, deterioration through the aging process or
15 loss of motor skill.
16 (17) Being named as a perpetrator in an indicated
17 report by the Department of Children and Family Services
18 under the Abused and Neglected Child Reporting Act, and
19 upon proof by clear and convincing evidence that the
20 licensee has caused a child to be an abused child or
21 neglected child as defined in the Abused and Neglected
22 Child Reporting Act.
23 (18) (Blank).
24 (19) Gross negligence resulting in permanent injury or
25 death of a patient.
26 (20) Employment of fraud, deception or any unlawful

HB2606- 272 -LRB103 26004 LNS 52358 b
1 means in applying for or securing a license as a physician
2 assistant.
3 (21) Exceeding the authority delegated to him or her
4 by his or her collaborating physician in a written
5 collaborative agreement.
6 (22) Immoral conduct in the commission of any act,
7 such as sexual abuse, sexual misconduct, or sexual
8 exploitation related to the licensee's practice.
9 (23) Violation of the Health Care Worker Self-Referral
10 Act.
11 (24) Practicing under a false or assumed name, except
12 as provided by law.
13 (25) Making a false or misleading statement regarding
14 his or her skill or the efficacy or value of the medicine,
15 treatment, or remedy prescribed by him or her in the
16 course of treatment.
17 (26) Allowing another person to use his or her license
18 to practice.
19 (27) Prescribing, selling, administering,
20 distributing, giving, or self-administering a drug
21 classified as a controlled substance for other than
22 medically accepted therapeutic purposes.
23 (28) Promotion of the sale of drugs, devices,
24 appliances, or goods provided for a patient in a manner to
25 exploit the patient for financial gain.
26 (29) A pattern of practice or other behavior that

HB2606- 273 -LRB103 26004 LNS 52358 b
1 demonstrates incapacity or incompetence to practice under
2 this Act.
3 (30) Violating State or federal laws or regulations
4 relating to controlled substances or other legend drugs or
5 ephedra as defined in the Ephedra Prohibition Act.
6 (31) Exceeding the prescriptive authority delegated by
7 the collaborating physician or violating the written
8 collaborative agreement delegating that authority.
9 (32) Practicing without providing to the Department a
10 notice of collaboration or delegation of prescriptive
11 authority.
12 (33) Failure to establish and maintain records of
13 patient care and treatment as required by law.
14 (34) Attempting to subvert or cheat on the examination
15 of the National Commission on Certification of Physician
16 Assistants or its successor agency.
17 (35) Willfully or negligently violating the
18 confidentiality between physician assistant and patient,
19 except as required by law.
20 (36) 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 (37) Being named as an abuser in a verified report by
25 the Department on Aging under the Adult Protective
26 Services Act and upon proof by clear and convincing

HB2606- 274 -LRB103 26004 LNS 52358 b
1 evidence that the licensee abused, neglected, or
2 financially exploited an eligible adult as defined in the
3 Adult Protective Services Act.
4 (38) Failure to report to the Department an adverse
5 final action taken against him or her by another licensing
6 jurisdiction of the United States or a foreign state or
7 country, a peer review body, a health care institution, a
8 professional society or association, a governmental
9 agency, a law enforcement agency, or a court acts or
10 conduct similar to acts or conduct that would constitute
11 grounds for action under this Section.
12 (39) Failure to provide copies of records of patient
13 care or treatment, except as required by law.
14 (40) Entering into an excessive number of written
15 collaborative agreements with licensed physicians
16 resulting in an inability to adequately collaborate.
17 (41) Repeated failure to adequately collaborate with a
18 collaborating physician.
19 (42) Violating the Compassionate Use of Medical
20 Cannabis Program Act.
21 (b) The Department may, without a hearing, refuse to issue
22or renew or may suspend the license of any person who fails to
23file a return, or to pay the tax, penalty or interest shown in
24a filed return, or to pay any final assessment of the tax,
25penalty, or interest as required by any tax Act administered
26by the Illinois Department of Revenue, until such time as the

HB2606- 275 -LRB103 26004 LNS 52358 b
1requirements of any such tax Act are satisfied.
2 (b-5) The Department shall not revoke, suspend, summarily
3suspend, place on prohibition, reprimand, refuse to issue or
4renew, or take any other disciplinary or non-disciplinary
5action against the license or permit issued under this Act to
6practice as a physician assistant based solely upon the
7physician assistant providing, authorizing, recommending,
8aiding, assisting, referring for, or otherwise participating
9in any health care service, so long as the care was not
10unlawful under the laws of this State, regardless of whether
11the patient was a resident of this State or another state.
12 (b-10) The Department shall not revoke, suspend, summarily
13suspend, place on prohibition, reprimand, refuse to issue or
14renew, or take any other disciplinary or non-disciplinary
15action against the license or permit issued under this Act to
16practice as a physician assistant based upon the physician
17assistant's license being revoked or suspended, or the
18physician assistant being otherwise disciplined by any other
19state, if that revocation, suspension, or other form of
20discipline was based solely on the physician assistant
21violating another state's laws prohibiting the provision of,
22authorization of, recommendation of, aiding or assisting in,
23referring for, or participation in any health care service if
24that health care service as provided would not have been
25unlawful under the laws of this State and is consistent with
26the standards of conduct for a physician assistant practicing

HB2606- 276 -LRB103 26004 LNS 52358 b
1in Illinois.
2 (b-15) The conduct specified in subsections (b-5) and
3(b-10) shall not constitute grounds for suspension under
4Section 22.13.
5 (b-20) An applicant seeking licensure, certification, or
6authorization pursuant to this Act who has been subject to
7disciplinary action by a duly authorized professional
8disciplinary agency of another jurisdiction solely on the
9basis of having provided, authorized, recommended, aided,
10assisted, referred for, or otherwise participated in health
11care shall not be denied such licensure, certification, or
12authorization, unless the Department determines that such
13action would have constituted professional misconduct in this
14State; however, nothing in this Section shall be construed as
15prohibiting the Department from evaluating the conduct of such
16applicant and making a determination regarding the licensure,
17certification, or authorization to practice a profession under
18this Act.
19 (c) The determination by a circuit court that a licensee
20is subject to involuntary admission or judicial admission as
21provided in the Mental Health and Developmental Disabilities
22Code operates as an automatic suspension. The suspension will
23end only upon a finding by a court that the patient is no
24longer subject to involuntary admission or judicial admission
25and issues an order so finding and discharging the patient,
26and upon the recommendation of the Board to the Secretary that

HB2606- 277 -LRB103 26004 LNS 52358 b
1the licensee be allowed to resume his or her practice.
2 (d) In enforcing this Section, the Department upon a
3showing of a possible violation may compel an individual
4licensed to practice under this Act, or who has applied for
5licensure under this Act, to submit to a mental or physical
6examination, or both, which may include a substance abuse or
7sexual offender evaluation, as required by and at the expense
8of the Department.
9 The Department shall specifically designate the examining
10physician licensed to practice medicine in all of its branches
11or, if applicable, the multidisciplinary team involved in
12providing the mental or physical examination or both. The
13multidisciplinary team shall be led by a physician licensed to
14practice medicine in all of its branches and may consist of one
15or more or a combination of physicians licensed to practice
16medicine in all of its branches, licensed clinical
17psychologists, licensed clinical social workers, licensed
18clinical professional counselors, and other professional and
19administrative staff. Any examining physician or member of the
20multidisciplinary team may require any person ordered to
21submit to an examination pursuant to this Section to submit to
22any additional supplemental testing deemed necessary to
23complete any examination or evaluation process, including, but
24not limited to, blood testing, urinalysis, psychological
25testing, or neuropsychological testing.
26 The Department may order the examining physician or any

HB2606- 278 -LRB103 26004 LNS 52358 b
1member of the multidisciplinary team to provide to the
2Department any and all records, including business records,
3that relate to the examination and evaluation, including any
4supplemental testing performed.
5 The Department may order the examining physician or any
6member of the multidisciplinary team to present testimony
7concerning the mental or physical examination of the licensee
8or applicant. No information, report, record, or other
9documents in any way related to the examination shall be
10excluded by reason of any common law or statutory privilege
11relating to communications between the licensee or applicant
12and the examining physician or any member of the
13multidisciplinary team. No authorization is necessary from the
14licensee or applicant ordered to undergo an examination for
15the examining physician or any member of the multidisciplinary
16team to provide information, reports, records, or other
17documents or to provide any testimony regarding the
18examination and evaluation.
19 The individual to be examined may have, at his or her own
20expense, another physician of his or her choice present during
21all aspects of this examination. However, that physician shall
22be present only to observe and may not interfere in any way
23with the examination.
24 Failure of an individual to submit to a mental or physical
25examination, when ordered, shall result in an automatic
26suspension of his or her license until the individual submits

HB2606- 279 -LRB103 26004 LNS 52358 b
1to the examination.
2 If the Department finds an individual unable to practice
3because of the reasons set forth in this Section, the
4Department may require that individual to submit to care,
5counseling, or treatment by physicians approved or designated
6by the Department, as a condition, term, or restriction for
7continued, reinstated, or renewed licensure to practice; or,
8in lieu of care, counseling, or treatment, the Department may
9file a complaint to immediately suspend, revoke, or otherwise
10discipline the license of the individual. An individual whose
11license was granted, continued, reinstated, renewed,
12disciplined, or supervised subject to such terms, conditions,
13or restrictions, and who fails to comply with such terms,
14conditions, or restrictions, shall be referred to the
15Secretary for a determination as to whether the individual
16shall have his or her license suspended immediately, pending a
17hearing by the Department.
18 In instances in which the Secretary immediately suspends a
19person's license under this Section, a hearing on that
20person's license must be convened by the Department within 30
21days after the suspension and completed without appreciable
22delay. The Department shall have the authority to review the
23subject individual's record of treatment and counseling
24regarding the impairment to the extent permitted by applicable
25federal statutes and regulations safeguarding the
26confidentiality of medical records.

HB2606- 280 -LRB103 26004 LNS 52358 b
1 An individual licensed under this Act and affected under
2this Section shall be afforded an opportunity to demonstrate
3to the Department that he or she can resume practice in
4compliance with acceptable and prevailing standards under the
5provisions of his or her license.
6 (e) An individual or organization acting in good faith,
7and not in a willful and wanton manner, in complying with this
8Section by providing a report or other information to the
9Board, by assisting in the investigation or preparation of a
10report or information, by participating in proceedings of the
11Board, or by serving as a member of the Board, shall not be
12subject to criminal prosecution or civil damages as a result
13of such actions.
14 (f) Members of the Board shall be indemnified by the State
15for any actions occurring within the scope of services on the
16Board, done in good faith and not willful and wanton in nature.
17The Attorney General shall defend all such actions unless he
18or she determines either that there would be a conflict of
19interest in such representation or that the actions complained
20of were not in good faith or were willful and wanton.
21 If the Attorney General declines representation, the
22member has the right to employ counsel of his or her choice,
23whose fees shall be provided by the State, after approval by
24the Attorney General, unless there is a determination by a
25court that the member's actions were not in good faith or were
26willful and wanton.

HB2606- 281 -LRB103 26004 LNS 52358 b
1 The member must notify the Attorney General within 7 days
2after receipt of notice of the initiation of any action
3involving services of the Board. Failure to so notify the
4Attorney General constitutes an absolute waiver of the right
5to a defense and indemnification.
6 The Attorney General shall determine, within 7 days after
7receiving such notice, whether he or she will undertake to
8represent the member.
9 (g) The Department may adopt rules to implement the
10changes made by this amendatory Act of the 102nd General
11Assembly.
12(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
13102-1117, eff. 1-13-23.)
14 Section 5-115. The Professional Counselor and Clinical
15Professional Counselor Licensing and Practice Act is amended
16by changing Section 80 as follows:
17 (225 ILCS 107/80)
18 (Section scheduled to be repealed on January 1, 2028)
19 Sec. 80. Grounds for discipline.
20 (a) The Department may refuse to issue, renew, or may
21revoke, suspend, place on probation, reprimand, or take other
22disciplinary or non-disciplinary action as the Department
23deems appropriate, including the issuance of fines not to
24exceed $10,000 for each violation, with regard to any license

HB2606- 282 -LRB103 26004 LNS 52358 b
1for any one or more of the following:
2 (1) Material misstatement in furnishing information to
3 the Department or to any other State agency.
4 (2) Violations or negligent or intentional disregard
5 of this Act or rules adopted under this Act.
6 (3) Conviction by plea of guilty or nolo contendere,
7 finding of guilt, jury verdict, or entry of judgment or by
8 sentencing of any crime, including, but not limited to,
9 convictions, preceding sentences of supervision,
10 conditional discharge, or first offender probation, under
11 the laws of any jurisdiction of the United States: (i)
12 that is a felony or (ii) that is a misdemeanor, an
13 essential element of which is dishonesty, or that is
14 directly related to the practice of the profession.
15 (4) Fraud or any misrepresentation in applying for or
16 procuring a license under this Act or in connection with
17 applying for renewal of a license under this Act.
18 (5) Professional incompetence or gross negligence in
19 the rendering of professional counseling or clinical
20 professional counseling services.
21 (6) Malpractice.
22 (7) Aiding or assisting another person in violating
23 any provision of this Act or any rules.
24 (8) Failing to provide information within 60 days in
25 response to a written request made by the Department.
26 (9) Engaging in dishonorable, unethical, or

HB2606- 283 -LRB103 26004 LNS 52358 b
1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public and violating the rules of
3 professional conduct adopted by the Department.
4 (10) Habitual or excessive use or abuse of drugs as
5 defined in law as controlled substances, alcohol, or any
6 other substance which results in inability to practice
7 with reasonable skill, judgment, or safety.
8 (11) Discipline by another jurisdiction, the District
9 of Columbia, territory, county, or governmental agency, if
10 at least one of the grounds for the discipline is the same
11 or substantially equivalent to those set forth in this
12 Section.
13 (12) Directly or indirectly giving to or receiving
14 from any person, firm, corporation, partnership, or
15 association any fee, commission, rebate or other form of
16 compensation for any professional service not actually
17 rendered. Nothing in this paragraph (12) affects any bona
18 fide independent contractor or employment arrangements
19 among health care professionals, health facilities, health
20 care providers, or other entities, except as otherwise
21 prohibited by law. Any employment arrangements may include
22 provisions for compensation, health insurance, pension, or
23 other employment benefits for the provision of services
24 within the scope of the licensee's practice under this
25 Act. Nothing in this paragraph (12) shall be construed to
26 require an employment arrangement to receive professional

HB2606- 284 -LRB103 26004 LNS 52358 b
1 fees for services rendered.
2 (13) A finding by the Board that the licensee, after
3 having the license placed on probationary status, has
4 violated the terms of probation.
5 (14) Abandonment of a client.
6 (15) Willfully filing false reports relating to a
7 licensee's practice, including but not limited to false
8 records filed with federal or State agencies or
9 departments.
10 (16) Willfully failing to report an instance of
11 suspected child abuse or neglect as required by the Abused
12 and Neglected Child Reporting Act and in matters
13 pertaining to suspected abuse, neglect, financial
14 exploitation, or self-neglect of adults with disabilities
15 and older adults as set forth in the Adult Protective
16 Services Act.
17 (17) Being named as a perpetrator in an indicated
18 report by the Department of Children and Family Services
19 pursuant to the Abused and Neglected Child Reporting Act,
20 and upon proof by clear and convincing evidence that the
21 licensee has caused a child to be an abused child or
22 neglected child as defined in the Abused and Neglected
23 Child Reporting Act.
24 (18) Physical or mental illness or disability,
25 including, but not limited to, deterioration through the
26 aging process or loss of abilities and skills which

HB2606- 285 -LRB103 26004 LNS 52358 b
1 results in the inability to practice the profession with
2 reasonable judgment, skill, or safety.
3 (19) Solicitation of professional services by using
4 false or misleading advertising.
5 (20) Allowing one's license under this Act to be used
6 by an unlicensed person in violation of this Act.
7 (21) A finding that licensure has been applied for or
8 obtained by fraudulent means.
9 (22) Practicing under a false or, except as provided
10 by law, an assumed name.
11 (23) Gross and willful overcharging for professional
12 services including filing statements for collection of
13 fees or monies for which services are not rendered.
14 (24) Rendering professional counseling or clinical
15 professional counseling services without a license or
16 practicing outside the scope of a license.
17 (25) Clinical supervisors failing to adequately and
18 responsibly monitor supervisees.
19 All fines imposed under this Section shall be paid within
2060 days after the effective date of the order imposing the
21fine.
22 (b) (Blank).
23 (b-5) The Department may refuse to issue or may suspend
24without hearing, as provided for in the Code of Civil
25Procedure, the license of any person who fails to file a
26return, pay the tax, penalty, or interest shown in a filed

HB2606- 286 -LRB103 26004 LNS 52358 b
1return, or pay any final assessment of the tax, penalty, or
2interest as required by any tax Act administered by the
3Illinois Department of Revenue, until such time as the
4requirements of any such tax Act are satisfied in accordance
5with subsection (g) of Section 2105-15 of the Department of
6Professional Regulation Law of the Civil Administrative Code
7of Illinois.
8 (b-10) In cases where the Department of Healthcare and
9Family Services has previously determined a licensee or a
10potential licensee is more than 30 days delinquent in the
11payment of child support and has subsequently certified the
12delinquency to the Department, the Department may refuse to
13issue or renew or may revoke or suspend that person's license
14or may take other disciplinary action against that person
15based solely upon the certification of delinquency made by the
16Department of Healthcare and Family Services in accordance
17with item (5) of subsection (a) of Section 2105-15 of the
18Department of Professional Regulation Law of the Civil
19Administrative Code of Illinois.
20 (c) The determination by a court that a licensee is
21subject to involuntary admission or judicial admission as
22provided in the Mental Health and Developmental Disabilities
23Code will result in an automatic suspension of his or her
24license. The suspension will end upon a finding by a court that
25the licensee is no longer subject to involuntary admission or
26judicial admission, the issuance of an order so finding and

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1discharging the patient, and the recommendation of the Board
2to the Secretary that the licensee be allowed to resume
3professional practice.
4 (c-1) The Department shall not revoke, suspend, summarily
5suspend, place on prohibition, reprimand, refuse to issue or
6renew, or take any other disciplinary or non-disciplinary
7action against the license or permit issued under this Act to
8practice as a professional counselor or clinical professional
9counselor based solely upon the professional counselor or
10clinical professional counselor authorizing, recommending,
11aiding, assisting, referring for, or otherwise participating
12in any health care service, so long as the care was not
13unlawful under the laws of this State, regardless of whether
14the patient was a resident of this State or another state.
15 (c-2) The Department shall not revoke, suspend, summarily
16suspend, place on prohibition, reprimand, refuse to issue or
17renew, or take any other disciplinary or non-disciplinary
18action against the license or permit issued under this Act to
19practice as a professional counselor or clinical professional
20counselor based upon the professional counselor's or clinical
21professional counselor's license being revoked or suspended,
22or the professional counselor or clinical professional
23counselor being otherwise disciplined by any other state, if
24that revocation, suspension, or other form of discipline was
25based solely on the professional counselor or clinical
26professional counselor violating another state's laws

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1prohibiting the provision of, authorization of, recommendation
2of, aiding or assisting in, referring for, or participation in
3any health care service if that health care service as
4provided would not have been unlawful under the laws of this
5State and is consistent with the standards of conduct for a
6professional counselor or clinical professional counselor
7practicing in Illinois.
8 (c-3) The conduct specified in subsections (c-1) and (c-2)
9shall not constitute grounds for suspension under Section 145.
10 (c-4) An applicant seeking licensure, certification, or
11authorization pursuant to this Act who has been subject to
12disciplinary action by a duly authorized professional
13disciplinary agency of another jurisdiction solely on the
14basis of having authorized, recommended, aided, assisted,
15referred for, or otherwise participated in health care shall
16not be denied such licensure, certification, or authorization,
17unless the Department determines that such action would have
18constituted professional misconduct in this State; however,
19nothing in this Section shall be construed as prohibiting the
20Department from evaluating the conduct of such applicant and
21making a determination regarding the licensure, certification,
22or authorization to practice a profession under this Act.
23 (c-5) In enforcing this Act, the Department, upon a
24showing of a possible violation, may compel an individual
25licensed to practice under this Act, or who has applied for
26licensure under this Act, to submit to a mental or physical

HB2606- 289 -LRB103 26004 LNS 52358 b
1examination, or both, as required by and at the expense of the
2Department. The Department may order the examining physician
3to present testimony concerning the mental or physical
4examination of the licensee or applicant. No information shall
5be excluded by reason of any common law or statutory privilege
6relating to communications between the licensee or applicant
7and the examining physician. The examining physicians shall be
8specifically designated by the Department. The individual to
9be examined may have, at his or her own expense, another
10physician of his or her choice present during all aspects of
11this examination. The examination shall be performed by a
12physician licensed to practice medicine in all its branches.
13Failure of an individual to submit to a mental or physical
14examination, when directed, shall result in an automatic
15suspension without hearing.
16 All substance-related violations shall mandate an
17automatic substance abuse assessment. Failure to submit to an
18assessment by a licensed physician who is certified as an
19addictionist or an advanced practice registered nurse with
20specialty certification in addictions may be grounds for an
21automatic suspension.
22 If the Department finds an individual unable to practice
23or unfit for duty because of the reasons set forth in this
24subsection (c-5), the Department may require that individual
25to submit to a substance abuse evaluation or treatment by
26individuals or programs approved or designated by the

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1Department, as a condition, term, or restriction for
2continued, restored, or renewed licensure to practice; or, in
3lieu of evaluation or treatment, the Department may file, or
4the Board may recommend to the Department to file, a complaint
5to immediately suspend, revoke, or otherwise discipline the
6license of the individual. An individual whose license was
7granted, continued, restored, renewed, disciplined, or
8supervised subject to such terms, conditions, or restrictions,
9and who fails to comply with such terms, conditions, or
10restrictions, shall be referred to the Secretary for a
11determination as to whether the individual shall have his or
12her license suspended immediately, pending a hearing by the
13Department.
14 A person holding a license under this Act or who has
15applied for a license under this Act who, because of a physical
16or mental illness or disability, including, but not limited
17to, deterioration through the aging process or loss of motor
18skill, is unable to practice the profession with reasonable
19judgment, skill, or safety, may be required by the Department
20to submit to care, counseling, or treatment by physicians
21approved or designated by the Department as a condition, term,
22or restriction for continued, reinstated, or renewed licensure
23to practice. Submission to care, counseling, or treatment as
24required by the Department shall not be considered discipline
25of a license. If the licensee refuses to enter into a care,
26counseling, or treatment agreement or fails to abide by the

HB2606- 291 -LRB103 26004 LNS 52358 b
1terms of the agreement, the Department may file a complaint to
2revoke, suspend, or otherwise discipline the license of the
3individual. The Secretary may order the license suspended
4immediately, pending a hearing by the Department. Fines shall
5not be assessed in disciplinary actions involving physical or
6mental illness or impairment.
7 In instances in which the Secretary immediately suspends a
8person's license under this Section, a hearing on that
9person's license must be convened by the Department within 15
10days after the suspension and completed without appreciable
11delay. The Department shall have the authority to review the
12subject individual's record of treatment and counseling
13regarding the impairment to the extent permitted by applicable
14federal statutes and regulations safeguarding the
15confidentiality of medical records.
16 An individual licensed under this Act and affected under
17this Section shall be afforded an opportunity to demonstrate
18to the Department that he or she can resume practice in
19compliance with acceptable and prevailing standards under the
20provisions of his or her license.
21 (d) (Blank).
22 (e) The Department may adopt rules to implement the
23changes made by this amendatory Act of the 102nd General
24Assembly.
25(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)

HB2606- 292 -LRB103 26004 LNS 52358 b
1 Section 5-120. The Registered Surgical Assistant and
2Registered Surgical Technologist Title Protection Act is
3amended by changing Section 75 as follows:
4 (225 ILCS 130/75)
5 (Section scheduled to be repealed on January 1, 2024)
6 Sec. 75. Grounds for disciplinary action.
7 (a) The Department may refuse to issue, renew, or restore
8a registration, may revoke or suspend a registration, or may
9place on probation, reprimand, or take other disciplinary or
10non-disciplinary action with regard to a person registered
11under this Act, including but not limited to the imposition of
12fines not to exceed $10,000 for each violation and the
13assessment of costs as provided for in Section 90, for any one
14or combination of the following causes:
15 (1) Making a material misstatement in furnishing
16 information to the Department.
17 (2) Violating a provision of this Act or rules adopted
18 under this Act.
19 (3) Conviction by plea of guilty or nolo contendere,
20 finding of guilt, jury verdict, or entry of judgment or by
21 sentencing of any crime, including, but not limited to,
22 convictions, preceding sentences of supervision,
23 conditional discharge, or first offender probation, under
24 the laws of any jurisdiction of the United States that is
25 (i) a felony or (ii) a misdemeanor, an essential element

HB2606- 293 -LRB103 26004 LNS 52358 b
1 of which is dishonesty, or that is directly related to the
2 practice of the profession.
3 (4) Fraud or misrepresentation in applying for,
4 renewing, restoring, reinstating, or procuring a
5 registration under this Act.
6 (5) Aiding or assisting another person in violating a
7 provision of this Act or its rules.
8 (6) Failing to provide information within 60 days in
9 response to a written request made by the Department.
10 (7) Engaging in dishonorable, unethical, or
11 unprofessional conduct of a character likely to deceive,
12 defraud, or harm the public, as defined by rule of the
13 Department.
14 (8) Discipline by another United States jurisdiction,
15 governmental agency, unit of government, or foreign
16 nation, if at least one of the grounds for discipline is
17 the same or substantially equivalent to those set forth in
18 this Section.
19 (9) Directly or indirectly giving to or receiving from
20 a person, firm, corporation, partnership, or association a
21 fee, commission, rebate, or other form of compensation for
22 professional services not actually or personally rendered.
23 Nothing in this paragraph (9) affects any bona fide
24 independent contractor or employment arrangements among
25 health care professionals, health facilities, health care
26 providers, or other entities, except as otherwise

HB2606- 294 -LRB103 26004 LNS 52358 b
1 prohibited by law. Any employment arrangements may include
2 provisions for compensation, health insurance, pension, or
3 other employment benefits for the provision of services
4 within the scope of the registrant's practice under this
5 Act. Nothing in this paragraph (9) shall be construed to
6 require an employment arrangement to receive professional
7 fees for services rendered.
8 (10) A finding by the Department that the registrant,
9 after having his or her registration placed on
10 probationary status, has violated the terms of probation.
11 (11) Willfully making or filing false records or
12 reports in his or her practice, including but not limited
13 to false records or reports filed with State agencies.
14 (12) Willfully making or signing a false statement,
15 certificate, or affidavit to induce payment.
16 (13) Willfully failing to report an instance of
17 suspected child abuse or neglect as required under the
18 Abused and Neglected Child Reporting Act.
19 (14) Being named as a perpetrator in an indicated
20 report by the Department of Children and Family Services
21 under the Abused and Neglected Child Reporting Act and
22 upon proof by clear and convincing evidence that the
23 registrant has caused a child to be an abused child or
24 neglected child as defined in the Abused and Neglected
25 Child Reporting Act.
26 (15) (Blank).

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1 (16) Failure to report to the Department (A) any
2 adverse final action taken against the registrant by
3 another registering or licensing jurisdiction, government
4 agency, law enforcement agency, or any court or (B)
5 liability for conduct that would constitute grounds for
6 action as set forth in this Section.
7 (17) Habitual or excessive use or abuse of drugs
8 defined in law as controlled substances, alcohol, or any
9 other substance that results in the inability to practice
10 with reasonable judgment, skill, or safety.
11 (18) Physical or mental illness, including but not
12 limited to deterioration through the aging process or loss
13 of motor skills, which results in the inability to
14 practice the profession for which he or she is registered
15 with reasonable judgment, skill, or safety.
16 (19) Gross malpractice.
17 (20) Immoral conduct in the commission of an act
18 related to the registrant's practice, including but not
19 limited to sexual abuse, sexual misconduct, or sexual
20 exploitation.
21 (21) Violation of the Health Care Worker Self-Referral
22 Act.
23 (b) The Department may refuse to issue or may suspend
24without hearing the registration of a person who fails to file
25a return, to pay the tax, penalty, or interest shown in a filed
26return, or to pay a final assessment of the tax, penalty, or

HB2606- 296 -LRB103 26004 LNS 52358 b
1interest as required by a tax Act administered by the
2Department of Revenue, until the requirements of the tax Act
3are satisfied in accordance with subsection (g) of Section
42105-15 of the Department of Regulation Law of the Civil
5Administrative Code of Illinois.
6 (b-1) The Department shall not revoke, suspend, summarily
7suspend, place on probation, reprimand, refuse to issue or
8renew, or take any other disciplinary or non-disciplinary
9action against the license issued under this Act to practice
10as a registered surgical assistant or registered surgical
11technologist based solely upon the registered surgical
12assistant or registered surgical technologist providing,
13authorizing, recommending, aiding, assisting, referring for,
14or otherwise participating in any health care service, so long
15as the care was not unlawful under the laws of this State,
16regardless of whether the patient was a resident of this State
17or another state.
18 (b-2) The Department shall not revoke, suspend, summarily
19suspend, place on prohibition, reprimand, refuse to issue or
20renew, or take any other disciplinary or non-disciplinary
21action against the license issued under this Act to practice
22as a registered surgical assistant or registered surgical
23technologist based upon the registered surgical assistant's or
24registered surgical technologist's license being revoked or
25suspended, or the registered surgical assistant's or
26registered surgical technologist's being otherwise disciplined

HB2606- 297 -LRB103 26004 LNS 52358 b
1by any other state, if that revocation, suspension, or other
2form of discipline was based solely on the registered surgical
3assistant or registered surgical technologist violating
4another state's laws prohibiting the provision of,
5authorization of, recommendation of, aiding or assisting in,
6referring for, or participation in any health care service if
7that health care service as provided would not have been
8unlawful under the laws of this State and is consistent with
9the standards of conduct for the registered surgical assistant
10or registered surgical technologist practicing in this State.
11 (b-3) The conduct specified in subsection (b-1) or (b-2)
12shall not constitute grounds for suspension under Section 145.
13 (b-4) An applicant seeking licensure, certification, or
14authorization pursuant to this Act who has been subject to
15disciplinary action by a duly authorized professional
16disciplinary agency of another jurisdiction solely on the
17basis of having provided, authorized, recommended, aided,
18assisted, referred for, or otherwise participated in health
19care shall not be denied such licensure, certification, or
20authorization, unless the Department determines that such
21action would have constituted professional misconduct in this
22State. Nothing in this Section shall be construed as
23prohibiting the Department from evaluating the conduct of such
24applicant and making a determination regarding the licensure,
25certification, or authorization to practice a profession under
26this Act.

HB2606- 298 -LRB103 26004 LNS 52358 b
1 (c) The determination by a circuit court that a registrant
2is subject to involuntary admission or judicial admission as
3provided in the Mental Health and Developmental Disabilities
4Code operates as an automatic suspension. The suspension will
5end only upon (1) a finding by a court that the patient is no
6longer subject to involuntary admission or judicial admission,
7(2) issuance of an order so finding and discharging the
8patient, and (3) filing of a petition for restoration
9demonstrating fitness to practice.
10 (d) (Blank).
11 (e) In cases where the Department of Healthcare and Family
12Services has previously determined a registrant or a potential
13registrant is more than 30 days delinquent in the payment of
14child support and has subsequently certified the delinquency
15to the Department, the Department may refuse to issue or renew
16or may revoke or suspend that person's registration or may
17take other disciplinary action against that person based
18solely upon the certification of delinquency made by the
19Department of Healthcare and Family Services in accordance
20with paragraph (5) of subsection (a) of Section 2105-15 of the
21Department of Professional Regulation Law of the Civil
22Administrative Code of Illinois.
23 (f) In enforcing this Section, the Department, upon a
24showing of a possible violation, may compel any individual
25registered under this Act or any individual who has applied
26for registration to submit to a mental or physical examination

HB2606- 299 -LRB103 26004 LNS 52358 b
1and evaluation, or both, that may include a substance abuse or
2sexual offender evaluation, at the expense of the Department.
3The Department shall specifically designate the examining
4physician licensed to practice medicine in all of its branches
5or, if applicable, the multidisciplinary team involved in
6providing the mental or physical examination and evaluation,
7or both. The multidisciplinary team shall be led by a
8physician licensed to practice medicine in all of its branches
9and may consist of one or more or a combination of physicians
10licensed to practice medicine in all of its branches, licensed
11chiropractic physicians, licensed clinical psychologists,
12licensed clinical social workers, licensed clinical
13professional counselors, and other professional and
14administrative staff. Any examining physician or member of the
15multidisciplinary team may require any person ordered to
16submit to an examination and evaluation pursuant to this
17Section to submit to any additional supplemental testing
18deemed necessary to complete any examination or evaluation
19process, including, but not limited to, blood testing,
20urinalysis, psychological testing, or neuropsychological
21testing.
22 The Department may order the examining physician or any
23member of the multidisciplinary team to provide to the
24Department any and all records, including business records,
25that relate to the examination and evaluation, including any
26supplemental testing performed. The Department may order the

HB2606- 300 -LRB103 26004 LNS 52358 b
1examining physician or any member of the multidisciplinary
2team to present testimony concerning this examination and
3evaluation of the registrant or applicant, including testimony
4concerning any supplemental testing or documents relating to
5the examination and evaluation. No information, report,
6record, or other documents in any way related to the
7examination and evaluation shall be excluded by reason of any
8common law or statutory privilege relating to communication
9between the registrant or applicant and the examining
10physician or any member of the multidisciplinary team. No
11authorization is necessary from the registrant or applicant
12ordered to undergo an evaluation and examination for the
13examining physician or any member of the multidisciplinary
14team to provide information, reports, records, or other
15documents or to provide any testimony regarding the
16examination and evaluation. The individual to be examined may
17have, at his or her own expense, another physician of his or
18her choice present during all aspects of the examination.
19 Failure of any individual to submit to mental or physical
20examination and evaluation, or both, when directed, shall
21result in an automatic suspension without a hearing until such
22time as the individual submits to the examination. If the
23Department finds a registrant unable to practice because of
24the reasons set forth in this Section, the Department shall
25require such registrant to submit to care, counseling, or
26treatment by physicians approved or designated by the

HB2606- 301 -LRB103 26004 LNS 52358 b
1Department as a condition for continued, reinstated, or
2renewed registration.
3 When the Secretary immediately suspends a registration
4under this Section, a hearing upon such person's registration
5must be convened by the Department within 15 days after such
6suspension and completed without appreciable delay. The
7Department shall have the authority to review the registrant's
8record of treatment and counseling regarding the impairment to
9the extent permitted by applicable federal statutes and
10regulations safeguarding the confidentiality of medical
11records.
12 Individuals registered under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate
14to the Department that they can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of their registration.
17 (g) All fines imposed under this Section shall be paid
18within 60 days after the effective date of the order imposing
19the fine or in accordance with the terms set forth in the order
20imposing the fine.
21 (f) The Department may adopt rules to implement the
22changes made by this amendatory Act of the 102nd General
23Assembly.
24(Source: P.A. 102-1117, eff. 1-13-23.)
25 Section 5-125. The Genetic Counselor Licensing Act is

HB2606- 302 -LRB103 26004 LNS 52358 b
1amended by changing Section 95 as follows:
2 (225 ILCS 135/95)
3 (Section scheduled to be repealed on January 1, 2025)
4 Sec. 95. Grounds for discipline.
5 (a) The Department may refuse to issue, renew, or may
6revoke, suspend, place on probation, reprimand, or take other
7disciplinary or non-disciplinary action as the Department
8deems appropriate, including the issuance of fines not to
9exceed $10,000 for each violation, with regard to any license
10for any one or more of the following:
11 (1) Material misstatement in furnishing information to
12 the Department or to any other State agency.
13 (2) Violations or negligent or intentional disregard
14 of this Act, or any of its rules.
15 (3) Conviction by plea of guilty or nolo contendere,
16 finding of guilt, jury verdict, or entry of judgment or
17 sentencing, including, but not limited to, convictions,
18 preceding sentences of supervision, conditional discharge,
19 or first offender probation, under the laws of any
20 jurisdiction of the United States: (i) that is a felony or
21 (ii) that is a misdemeanor, an essential element of which
22 is dishonesty, or that is directly related to the practice
23 of genetic counseling.
24 (4) Making any misrepresentation for the purpose of
25 obtaining a license, or violating any provision of this

HB2606- 303 -LRB103 26004 LNS 52358 b
1 Act or its rules.
2 (5) Negligence in the rendering of genetic counseling
3 services.
4 (6) Failure to provide genetic testing results and any
5 requested information to a referring physician licensed to
6 practice medicine in all its branches, advanced practice
7 registered nurse, or physician assistant.
8 (7) Aiding or assisting another person in violating
9 any provision of this Act or any rules.
10 (8) Failing to provide information within 60 days in
11 response to a written request made by the Department.
12 (9) Engaging in dishonorable, unethical, or
13 unprofessional conduct of a character likely to deceive,
14 defraud, or harm the public and violating the rules of
15 professional conduct adopted by the Department.
16 (10) Failing to maintain the confidentiality of any
17 information received from a client, unless otherwise
18 authorized or required by law.
19 (10.5) Failure to maintain client records of services
20 provided and provide copies to clients upon request.
21 (11) Exploiting a client for personal advantage,
22 profit, or interest.
23 (12) Habitual or excessive use or addiction to
24 alcohol, narcotics, stimulants, or any other chemical
25 agent or drug which results in inability to practice with
26 reasonable skill, judgment, or safety.

HB2606- 304 -LRB103 26004 LNS 52358 b
1 (13) Discipline by another governmental agency or unit
2 of government, by any jurisdiction of the United States,
3 or by a foreign nation, if at least one of the grounds for
4 the discipline is the same or substantially equivalent to
5 those set forth in this Section.
6 (14) Directly or indirectly giving to or receiving
7 from any person, firm, corporation, partnership, or
8 association any fee, commission, rebate, or other form of
9 compensation for any professional service not actually
10 rendered. Nothing in this paragraph (14) affects any bona
11 fide independent contractor or employment arrangements
12 among health care professionals, health facilities, health
13 care providers, or other entities, except as otherwise
14 prohibited by law. Any employment arrangements may include
15 provisions for compensation, health insurance, pension, or
16 other employment benefits for the provision of services
17 within the scope of the licensee's practice under this
18 Act. Nothing in this paragraph (14) shall be construed to
19 require an employment arrangement to receive professional
20 fees for services rendered.
21 (15) A finding by the Department that the licensee,
22 after having the license placed on probationary status,
23 has violated the terms of probation.
24 (16) Failing to refer a client to other health care
25 professionals when the licensee is unable or unwilling to
26 adequately support or serve the client.

HB2606- 305 -LRB103 26004 LNS 52358 b
1 (17) Willfully filing false reports relating to a
2 licensee's practice, including but not limited to false
3 records filed with federal or State agencies or
4 departments.
5 (18) Willfully failing to report an instance of
6 suspected child abuse or neglect as required by the Abused
7 and Neglected Child Reporting Act.
8 (19) Being named as a perpetrator in an indicated
9 report by the Department of Children and Family Services
10 pursuant to the Abused and Neglected Child Reporting Act,
11 and upon proof by clear and convincing evidence that the
12 licensee has caused a child to be an abused child or
13 neglected child as defined in the Abused and Neglected
14 Child Reporting Act.
15 (20) Physical or mental disability, including
16 deterioration through the aging process or loss of
17 abilities and skills which results in the inability to
18 practice the profession with reasonable judgment, skill,
19 or safety.
20 (21) Solicitation of professional services by using
21 false or misleading advertising.
22 (22) Failure to file a return, or to pay the tax,
23 penalty of interest shown in a filed return, or to pay any
24 final assessment of tax, penalty or interest, as required
25 by any tax Act administered by the Illinois Department of
26 Revenue or any successor agency or the Internal Revenue

HB2606- 306 -LRB103 26004 LNS 52358 b
1 Service or any successor agency.
2 (23) Fraud or making any misrepresentation in applying
3 for or procuring a license under this Act or in connection
4 with applying for renewal of a license under this Act.
5 (24) Practicing or attempting to practice under a name
6 other than the full name as shown on the license or any
7 other legally authorized name.
8 (25) Gross overcharging for professional services,
9 including filing statements for collection of fees or
10 monies for which services are not rendered.
11 (26) (Blank).
12 (27) Charging for professional services not rendered,
13 including filing false statements for the collection of
14 fees for which services are not rendered.
15 (28) Allowing one's license under this Act to be used
16 by an unlicensed person in violation of this Act.
17 (b) (Blank).
18 (b-5) The Department shall not revoke, suspend, summarily
19suspend, place on prohibition, reprimand, refuse to issue or
20renew, or take any other disciplinary or non-disciplinary
21action against the license or permit issued under this Act to
22practice as a genetic counselor based solely upon the genetic
23counselor authorizing, recommending, aiding, assisting,
24referring for, or otherwise participating in any health care
25service, so long as the care was not unlawful under the laws of
26this State, regardless of whether the patient was a resident

HB2606- 307 -LRB103 26004 LNS 52358 b
1of this State or another state.
2 (b-10) The Department shall not revoke, suspend, summarily
3suspend, place on prohibition, reprimand, refuse to issue or
4renew, or take any other disciplinary or non-disciplinary
5action against the license or permit issued under this Act to
6practice as a genetic counselor based upon the genetic
7counselor's license being revoked or suspended, or the genetic
8counselor being otherwise disciplined by any other state, if
9that revocation, suspension, or other form of discipline was
10based solely on the genetic counselor violating another
11state's laws prohibiting the provision of, authorization of,
12recommendation of, aiding or assisting in, referring for, or
13participation in any health care service if that health care
14service as provided would not have been unlawful under the
15laws of this State and is consistent with the standards of
16conduct for the genetic counselor if it occurred in Illinois.
17 (b-15) The conduct specified in subsections (b-5) and
18(b-10) shall not constitute grounds for suspension under
19Section 160.
20 (b-20) An applicant seeking licensure, certification, or
21authorization pursuant to this Act who has been subject to
22disciplinary action by a duly authorized professional
23disciplinary agency of another jurisdiction solely on the
24basis of having authorized, recommended, aided, assisted,
25referred for, or otherwise participated in health care shall
26not be denied such licensure, certification, or authorization,

HB2606- 308 -LRB103 26004 LNS 52358 b
1unless the Department determines that such action would have
2constituted professional misconduct in this State; however,
3nothing in this Section shall be construed as prohibiting the
4Department from evaluating the conduct of such applicant and
5making a determination regarding the licensure, certification,
6or authorization to practice a profession under this Act.
7 (c) The determination by a court that a licensee is
8subject to involuntary admission or judicial admission as
9provided in the Mental Health and Developmental Disabilities
10Code will result in an automatic suspension of his or her
11license. The suspension will end upon a finding by a court that
12the licensee is no longer subject to involuntary admission or
13judicial admission, the issuance of an order so finding and
14discharging the patient, and the determination of the
15Secretary that the licensee be allowed to resume professional
16practice.
17 (d) The Department may refuse to issue or renew or may
18suspend without hearing the license of any person who fails to
19file a return, to pay the tax penalty or interest shown in a
20filed return, or to pay any final assessment of the tax,
21penalty, or interest as required by any Act regarding the
22payment of taxes administered by the Illinois Department of
23Revenue until the requirements of the Act are satisfied in
24accordance with subsection (g) of Section 2105-15 of the Civil
25Administrative Code of Illinois.
26 (e) In cases where the Department of Healthcare and Family

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1Services has previously determined that a licensee or a
2potential licensee is more than 30 days delinquent in the
3payment of child support and has subsequently certified the
4delinquency to the Department, the Department may refuse to
5issue or renew or may revoke or suspend that person's license
6or may take other disciplinary action against that person
7based solely upon the certification of delinquency made by the
8Department of Healthcare and Family Services in accordance
9with item (5) of subsection (a) of Section 2105-15 of the
10Department of Professional Regulation Law of the Civil
11Administrative Code of Illinois.
12 (f) All fines or costs imposed under this Section shall be
13paid within 60 days after the effective date of the order
14imposing the fine or costs or in accordance with the terms set
15forth in the order imposing the fine.
16 (g) The Department may adopt rules to implement the
17changes made by this amendatory Act of the 102nd General
18Assembly.
19(Source: P.A. 102-1117, eff. 1-13-23.)
20 Section 5-130. The Telehealth Act is amended by changing
21Sections 10 and 15 as follows:
22 (225 ILCS 150/10)
23 Sec. 10. Practice authority. A health care professional
24treating a patient located in this State through telehealth

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1services must be licensed or authorized to practice in
2Illinois. A health care professional with a temporary permit
3for full practice advanced practice registered nurse for
4health care, a temporary permit for advanced practice
5registered nurse for health care, or a temporary permit for
6health care may treat a patient located in this State through
7telehealth services in a manner consistent with the health
8care professional's scope of practice and agreement with a
9sponsoring entity.
10(Source: P.A. 102-104, eff. 7-22-21; 102-1117, eff. 1-13-23.)
11 (225 ILCS 150/15)
12 Sec. 15. Use of telehealth services.
13 (a) A health care professional may engage in the practice
14of telehealth services in Illinois to the extent of his or her
15scope of practice as established in his or her respective
16licensing Act consistent with the standards of care for
17in-person services. This Act shall not be construed to alter
18the scope of practice of any health care professional or
19authorize the delivery of health care services in a setting or
20in a manner not otherwise authorized by the laws of this State.
21 (b) Telehealth services provided pursuant to this Section
22shall be consistent with all federal and State privacy,
23security, and confidentiality laws, rules, or regulations.
24 (c) A health care professional with a temporary permit for
25full practice advanced practice registered nurse for health

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1care, a temporary permit for advanced practice registered
2nurse for health care, or a temporary permit for health care
3may treat a patient located in this State through telehealth
4services in a manner consistent with the health care
5professional's scope of practice and agreement with a
6sponsoring entity.
7(Source: P.A. 102-104, eff. 7-22-21; 102-1117, eff. 1-13-23.)
8 Section 5-135. The Illinois Public Aid Code is amended by
9changing Section 5-16.8 as follows:
10 (305 ILCS 5/5-16.8)
11 Sec. 5-16.8. Required health benefits. The medical
12assistance program shall (i) provide the post-mastectomy care
13benefits required to be covered by a policy of accident and
14health insurance under Section 356t and the coverage required
15under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
16356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
17356z.47, 356z.51, 356z.53, 356z.56, and 356z.59, and 356z.60
18of the Illinois Insurance Code, (ii) be subject to the
19provisions of Sections 356z.19, 356z.44, 356z.49, 364.01,
20370c, and 370c.1 of the Illinois Insurance Code, and (iii) be
21subject to the provisions of subsection (d-5) of Section 10 of
22the Network Adequacy and Transparency Act.
23 The Department, by rule, shall adopt a model similar to
24the requirements of Section 356z.39 of the Illinois Insurance

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1Code.
2 On and after July 1, 2012, the Department shall reduce any
3rate of reimbursement for services or other payments or alter
4any methodologies authorized by this Code to reduce any rate
5of reimbursement for services or other payments in accordance
6with Section 5-5e.
7 To ensure full access to the benefits set forth in this
8Section, on and after January 1, 2016, the Department shall
9ensure that provider and hospital reimbursement for
10post-mastectomy care benefits required under this Section are
11no lower than the Medicare reimbursement rate.
12(Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20;
13101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff.
141-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144,
15eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
16102-530, eff. 1-1-22; 102-642, eff. 1-1-22; 102-804, eff.
171-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093,
18eff. 1-1-23; 102-1117, eff. 1-13-23.)
19 Section 5-140. The Sexual Assault Survivors Emergency
20Treatment Act is amended by adding Section 9.1 as follows:
21 (410 ILCS 70/9.1 new)
22 Sec. 9.1. No abortion services required. Nothing in this
23Act shall be construed to require a hospital or an approved
24pediatric health care facility to provide any services which

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1relate to an abortion.
2 Section 5-145. The Consent by Minors to Health Care
3Services Act is amended by changing Section 1.5 as follows:
4 (410 ILCS 210/1.5)
5 Sec. 1.5. Consent by minor seeking care for limited
6primary care services.
7 (a) The consent to the performance of primary care
8services by a physician licensed to practice medicine in all
9its branches, a licensed advanced practice registered nurse, a
10licensed physician assistant, a chiropractic physician, or a
11licensed optometrist executed by a minor seeking care is not
12voidable because of such minority, and for such purpose, a
13minor seeking care is deemed to have the same legal capacity to
14act and has the same powers and obligations as has a person of
15legal age under the following circumstances:
16 (1) the health care professional reasonably believes
17 that the minor seeking care understands the benefits and
18 risks of any proposed primary care or services; and
19 (2) the minor seeking care is identified in writing as
20 a minor seeking care by:
21 (A) an adult relative;
22 (B) a representative of a homeless service agency
23 that receives federal, State, county, or municipal
24 funding to provide those services or that is otherwise

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1 sanctioned by a local continuum of care;
2 (C) an attorney licensed to practice law in this
3 State;
4 (D) a public school homeless liaison or school
5 social worker;
6 (E) a social service agency providing services to
7 at risk, homeless, or runaway youth; or
8 (F) a representative of a religious organization.
9 (b) A health care professional rendering primary care
10services under this Section shall not incur civil or criminal
11liability for failure to obtain valid consent or professional
12discipline for failure to obtain valid consent if he or she
13relied in good faith on the representations made by the minor
14or the information provided under paragraph (2) of subsection
15(a) of this Section. Under such circumstances, good faith
16shall be presumed.
17 (c) The confidential nature of any communication between a
18health care professional described in Section 1 of this Act
19and a minor seeking care is not waived (1) by the presence, at
20the time of communication, of any additional persons present
21at the request of the minor seeking care, (2) by the health
22care professional's disclosure of confidential information to
23the additional person with the consent of the minor seeking
24care, when reasonably necessary to accomplish the purpose for
25which the additional person is consulted, or (3) by the health
26care professional billing a health benefit insurance or plan

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1under which the minor seeking care is insured, is enrolled, or
2has coverage for the services provided.
3 (d) Nothing in this Section shall be construed to limit or
4expand a minor's existing powers and obligations under any
5federal, State, or local law. Nothing in this Section shall be
6construed to affect the Parental Notice of Abortion Act of
72023. Nothing in this Section affects the right or authority
8of a parent or legal guardian to verbally, in writing, or
9otherwise authorize health care services to be provided for a
10minor in their absence.
11 (e) For the purposes of this Section:
12 "Minor seeking care" means a person at least 14 years of
13age but less than 18 years of age who is living separate and
14apart from his or her parents or legal guardian, whether with
15or without the consent of a parent or legal guardian who is
16unable or unwilling to return to the residence of a parent, and
17managing his or her own personal affairs. "Minor seeking care"
18does not include minors who are under the protective custody,
19temporary custody, or guardianship of the Department of
20Children and Family Services.
21 "Primary care services" means health care services that
22include screening, counseling, immunizations, medication, and
23treatment of illness and conditions customarily provided by
24licensed health care professionals in an out-patient setting,
25eye care services, excluding advanced optometric procedures,
26provided by optometrists, and services provided by

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1chiropractic physicians according to the scope of practice of
2chiropractic physicians under the Medical Practice Act of
31987. "Primary care services" does not include invasive care,
4beyond standard injections, laceration care, or non-surgical
5fracture care.
6(Source: P.A. 102-1117, eff. 1-13-23.)
7 Section 5-150. The Vital Records Act is amended by
8changing Section 1 as follows:
9 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
10 Sec. 1. As used in this Act, unless the context otherwise
11requires:
12 (1) "Vital records" means records of births, deaths, fetal
13deaths, marriages, dissolution of marriages, and data related
14thereto.
15 (2) "System of vital records" includes the registration,
16collection, preservation, amendment, and certification of
17vital records, and activities related thereto.
18 (3) "Filing" means the presentation of a certificate,
19report, or other record provided for in this Act, of a birth,
20death, fetal death, adoption, marriage, or dissolution of
21marriage, for registration by the Office of Vital Records.
22 (4) "Registration" means the acceptance by the Office of
23Vital Records and the incorporation in its official records of
24certificates, reports, or other records provided for in this

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1Act, of births, deaths, fetal deaths, adoptions, marriages, or
2dissolution of marriages.
3 (5) "Live birth" means the complete expulsion or
4extraction from its mother of a product of human conception,
5irrespective of the duration of pregnancy, which after such
6separation breathes or shows any other evidence of life such
7as beating of the heart, pulsation of the umbilical cord, or
8definite movement of voluntary muscles, whether or not the
9umbilical cord has been cut or the placenta is attached.
10 (6) "Fetal death" means death prior to the complete
11expulsion or extraction from its mother the uterus of a
12product of human conception, irrespective of the duration of
13pregnancy; the , and which is not due to an abortion as defined
14in Section 1-10 of the Reproductive Health Act. The death is
15indicated by the fact that after such separation the fetus
16does not breathe or show any other evidence of life such as
17beating of the heart, pulsation of the umbilical cord, or
18definite movement of voluntary muscles.
19 (7) "Dead body" means a lifeless human body or parts of
20such body or bones thereof from the state of which it may
21reasonably be concluded that death has occurred.
22 (8) "Final disposition" means the burial, cremation, or
23other disposition of a dead human body or fetus or parts
24thereof.
25 (9) "Physician" means a person licensed to practice
26medicine in Illinois or any other state.

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1 (10) "Institution" means any establishment, public or
2private, which provides in-patient medical, surgical, or
3diagnostic care or treatment, or nursing, custodial, or
4domiciliary care to 2 or more unrelated individuals, or to
5which persons are committed by law.
6 (11) "Department" means the Department of Public Health of
7the State of Illinois.
8 (12) "Director" means the Director of the Illinois
9Department of Public Health.
10 (13) "Licensed health care professional" means a person
11licensed to practice as a physician, advanced practice
12registered nurse, or physician assistant in Illinois or any
13other state.
14 (14) "Licensed mental health professional" means a person
15who is licensed or registered to provide mental health
16services by the Department of Financial and Professional
17Regulation or a board of registration duly authorized to
18register or grant licenses to persons engaged in the practice
19of providing mental health services in Illinois or any other
20state.
21 (15) "Intersex condition" means a condition in which a
22person is born with a reproductive or sexual anatomy or
23chromosome pattern that does not fit typical definitions of
24male or female.
25 (16) "Homeless person" means an individual who meets the
26definition of "homeless" under Section 103 of the federal

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1McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
2individual residing in any of the living situations described
3in 42 U.S.C. 11434a(2).
4 (17) "Advanced practice registered nurse" means: (i) an
5advanced practice registered nurse with full practice
6authority; or (ii) an advanced practice registered nurse with
7a collaborative agreement with a physician who has delegated
8the completion of death certificates.
9 (18) "Certifying health care professional" means a
10physician, physician assistant, or advanced practice
11registered nurse.
12 (19) "Physician assistant" means a physician assistant who
13practices in accordance with a written collaborative agreement
14that includes the completion of death certificates.
15(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22;
16102-844, eff. 1-1-23.)
17 Section 5-155. The Environmental Protection Act is amended
18by changing Section 56.1 as follows:
19 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
20 Sec. 56.1. Acts prohibited.
21 (A) No person shall:
22 (a) Cause or allow the disposal of any potentially
23 infectious medical waste. Sharps may be disposed in any
24 landfill permitted by the Agency under Section 21 of this

HB2606- 320 -LRB103 26004 LNS 52358 b
1 Act to accept municipal waste for disposal, if both:
2 (1) the infectious potential has been eliminated
3 from the sharps by treatment; and
4 (2) the sharps are packaged in accordance with
5 Board regulations.
6 (b) Cause or allow the delivery of any potentially
7 infectious medical waste for transport, storage,
8 treatment, or transfer except in accordance with Board
9 regulations.
10 (c) Beginning July 1, 1992, cause or allow the
11 delivery of any potentially infectious medical waste to a
12 person or facility for storage, treatment, or transfer
13 that does not have a permit issued by the agency to receive
14 potentially infectious medical waste, unless no permit is
15 required under subsection (g)(1).
16 (d) Beginning July 1, 1992, cause or allow the
17 delivery or transfer of any potentially infectious medical
18 waste for transport unless:
19 (1) the transporter has a permit issued by the
20 Agency to transport potentially infectious medical
21 waste, or the transporter is exempt from the permit
22 requirement set forth in subsection (f)(l).
23 (2) a potentially infectious medical waste
24 manifest is completed for the waste if a manifest is
25 required under subsection (h).
26 (e) Cause or allow the acceptance of any potentially

HB2606- 321 -LRB103 26004 LNS 52358 b
1 infectious medical waste for purposes of transport,
2 storage, treatment, or transfer except in accordance with
3 Board regulations.
4 (f) Beginning July 1, 1992, conduct any potentially
5 infectious medical waste transportation operation:
6 (1) Without a permit issued by the Agency to
7 transport potentially infectious medical waste. No
8 permit is required under this provision (f)(1) for:
9 (A) a person transporting potentially
10 infectious medical waste generated solely by that
11 person's activities;
12 (B) noncommercial transportation of less than
13 50 pounds of potentially infectious medical waste
14 at any one time; or
15 (C) the U.S. Postal Service.
16 (2) In violation of any condition of any permit
17 issued by the Agency under this Act.
18 (3) In violation of any regulation adopted by the
19 Board.
20 (4) In violation of any order adopted by the Board
21 under this Act.
22 (g) Beginning July 1, 1992, conduct any potentially
23 infectious medical waste treatment, storage, or transfer
24 operation:
25 (1) without a permit issued by the Agency that
26 specifically authorizes the treatment, storage, or

HB2606- 322 -LRB103 26004 LNS 52358 b
1 transfer of potentially infectious medical waste. No
2 permit is required under this subsection (g) or
3 subsection (d)(1) of Section 21 for any:
4 (A) Person conducting a potentially infectious
5 medical waste treatment, storage, or transfer
6 operation for potentially infectious medical waste
7 generated by the person's own activities that are
8 treated, stored, or transferred within the site
9 where the potentially infectious medical waste is
10 generated.
11 (B) Hospital that treats, stores, or transfers
12 only potentially infectious medical waste
13 generated by its own activities or by members of
14 its medical staff.
15 (C) Sharps collection station that is operated
16 in accordance with Section 56.7.
17 (2) in violation of any condition of any permit
18 issued by the Agency under this Act.
19 (3) in violation of any regulation adopted by the
20 Board.
21 (4) In violation of any order adopted by the Board
22 under this Act.
23 (h) Transport potentially infectious medical waste
24 unless the transporter carries a completed potentially
25 infectious medical waste manifest. No manifest is required
26 for the transportation of:

HB2606- 323 -LRB103 26004 LNS 52358 b
1 (1) potentially infectious medical waste being
2 transported by generators who generated the waste by
3 their own activities, when the potentially infectious
4 medical waste is transported within or between sites
5 or facilities owned, controlled, or operated by that
6 person;
7 (2) less than 50 pounds of potentially infectious
8 medical waste at any one time for a noncommercial
9 transportation activity; or
10 (3) potentially infectious medical waste by the
11 U.S. Postal Service.
12 (i) Offer for transportation, transport, deliver,
13 receive or accept potentially infectious medical waste for
14 which a manifest is required, unless the manifest
15 indicates that the fee required under Section 56.4 of this
16 Act has been paid.
17 (j) Beginning January 1, 1994, conduct a potentially
18 infectious medical waste treatment operation at an
19 incinerator in existence on the effective date of this
20 Title in violation of emission standards established for
21 these incinerators under Section 129 of the Clean Air Act
22 (42 USC 7429), as amended.
23 (k) Beginning July 1, 2015, knowingly mix household
24 sharps, including, but not limited to, hypodermic,
25 intravenous, or other medical needles or syringes or other
26 medical household waste containing used or unused sharps,

HB2606- 324 -LRB103 26004 LNS 52358 b
1 including, but not limited to, hypodermic, intravenous, or
2 other medical needles or syringes or other sharps, with
3 any other material intended for collection as a recyclable
4 material by a residential hauler.
5 (l) Beginning on July 1, 2015, knowingly place
6 household sharps into a container intended for collection
7 by a residential hauler for processing at a recycling
8 center.
9 (B) In making its orders and determinations relative to
10penalties, if any, to be imposed for violating subdivision
11(A)(a) of this Section, the Board, in addition to the factors
12in Sections 33(c) and 42(h) of this Act, or the Court shall
13take into consideration whether the owner or operator of the
14landfill reasonably relied on written statements from the
15person generating or treating the waste that the waste is not
16potentially infectious medical waste.
17 (C) Notwithstanding subsection (A) or any other provision
18of law, including the Vital Records Act, tissue and products
19from an abortion, as defined in Section 1-10 of the
20Reproductive Health Act, or a miscarriage may be buried,
21entombed, or cremated.
22(Source: P.A. 101-13, eff. 6-12-19.)
23 Section 5-160. The Criminal Code of 2012 is amended by
24changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:

HB2606- 325 -LRB103 26004 LNS 52358 b
1 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
2 Sec. 9-1.2. Intentional Homicide of an Unborn Child.
3 (a) A person commits the offense of intentional homicide
4of an unborn child if, in performing acts which cause the death
5of an unborn child, he without lawful justification:
6 (1) either intended to cause the death of or do great
7 bodily harm to the pregnant woman individual or her unborn
8 child or knew that such acts would cause death or great
9 bodily harm to the pregnant woman individual or her unborn
10 child; or
11 (2) knew that his acts created a strong probability of
12 death or great bodily harm to the pregnant woman
13 individual or her unborn child; and
14 (3) knew that the woman individual was pregnant.
15 (b) For purposes of this Section, (1) "unborn child" shall
16mean any individual of the human species from fertilization
17the implantation of an embryo until birth, and (2) "person"
18shall not include the pregnant woman whose unborn child is
19killed.
20 (c) This Section shall not apply to acts which cause the
21death of an unborn child if those acts were committed during
22any abortion, as defined in Section 1-5 of the Illinois
23Abortion Law of 2023 1-10 of the Reproductive Health Act, to
24which the pregnant woman individual has consented. This
25Section shall not apply to acts which were committed pursuant
26to usual and customary standards of medical practice during

HB2606- 326 -LRB103 26004 LNS 52358 b
1diagnostic testing or therapeutic treatment.
2 (d) Penalty. The sentence for intentional homicide of an
3unborn child shall be the same as for first degree murder,
4except that:
5 (1) the death penalty may not be imposed;
6 (2) if the person committed the offense while armed
7 with a firearm, 15 years shall be added to the term of
8 imprisonment imposed by the court;
9 (3) if, during the commission of the offense, the
10 person personally discharged a firearm, 20 years shall be
11 added to the term of imprisonment imposed by the court;
12 (4) if, during the commission of the offense, the
13 person personally discharged a firearm that proximately
14 caused great bodily harm, permanent disability, permanent
15 disfigurement, or death to another person, 25 years or up
16 to a term of natural life shall be added to the term of
17 imprisonment imposed by the court.
18 (e) The provisions of this Act shall not be construed to
19prohibit the prosecution of any person under any other
20provision of law.
21(Source: P.A. 101-13, eff. 6-12-19.)
22 (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
23 Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
24A person who kills an unborn child without lawful
25justification commits voluntary manslaughter of an unborn

HB2606- 327 -LRB103 26004 LNS 52358 b
1child if at the time of the killing he is acting under a sudden
2and intense passion resulting from serious provocation by
3another whom the offender endeavors to kill, but he
4negligently or accidentally causes the death of the unborn
5child.
6 Serious provocation is conduct sufficient to excite an
7intense passion in a reasonable person.
8 (b) A person who intentionally or knowingly kills an
9unborn child commits voluntary manslaughter of an unborn child
10if at the time of the killing he believes the circumstances to
11be such that, if they existed, would justify or exonerate the
12killing under the principles stated in Article 7 of this Code,
13but his belief is unreasonable.
14 (c) Sentence. Voluntary Manslaughter of an unborn child is
15a Class 1 felony.
16 (d) For purposes of this Section, (1) "unborn child" shall
17mean any individual of the human species from fertilization
18the implantation of an embryo until birth, and (2) "person"
19shall not include the pregnant woman individual whose unborn
20child is killed.
21 (e) This Section shall not apply to acts which cause the
22death of an unborn child if those acts were committed during
23any abortion, as defined in Section Section 1-5 of the
24Illinois Abortion Law of 2023 1-10 of the Reproductive Health
25Act, to which the pregnant woman individual has consented.
26This Section shall not apply to acts which were committed

HB2606- 328 -LRB103 26004 LNS 52358 b
1pursuant to usual and customary standards of medical practice
2during diagnostic testing or therapeutic treatment.
3(Source: P.A. 101-13, eff. 6-12-19.)
4 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
5 Sec. 9-3.2. Involuntary manslaughter and reckless homicide
6of an unborn child.
7 (a) A person who unintentionally kills an unborn child
8without lawful justification commits involuntary manslaughter
9of an unborn child if his acts whether lawful or unlawful which
10cause the death are such as are likely to cause death or great
11bodily harm to some individual, and he performs them
12recklessly, except in cases in which the cause of death
13consists of the driving of a motor vehicle, in which case the
14person commits reckless homicide of an unborn child.
15 (b) Sentence.
16 (1) Involuntary manslaughter of an unborn child is a
17 Class 3 felony.
18 (2) Reckless homicide of an unborn child is a Class 3
19 felony.
20 (c) For purposes of this Section, (1) "unborn child" shall
21mean any individual of the human species from fertilization
22the implantation of an embryo until birth, and (2) "person"
23shall not include the pregnant individual whose unborn child
24is killed.
25 (d) This Section shall not apply to acts which cause the

HB2606- 329 -LRB103 26004 LNS 52358 b
1death of an unborn child if those acts were committed during
2any abortion, as defined in Section 1-5 of the Illinois
3Abortion Law of 2023 1-10 of the Reproductive Health Act, to
4which the pregnant woman individual has consented. This
5Section shall not apply to acts which were committed pursuant
6to usual and customary standards of medical practice during
7diagnostic testing or therapeutic treatment.
8 (e) The provisions of this Section shall not be construed
9to prohibit the prosecution of any person under any other
10provision of law, nor shall it be construed to preclude any
11civil cause of action.
12(Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
13 (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
14 Sec. 12-3.1. Battery of an unborn child; aggravated
15battery of an unborn child.
16 (a) A person commits battery of an unborn child if he or
17she knowingly without legal justification and by any means
18causes bodily harm to an unborn child.
19 (a-5) A person commits aggravated battery of an unborn
20child when, in committing a battery of an unborn child, he or
21she knowingly causes great bodily harm or permanent disability
22or disfigurement to an unborn child.
23 (b) For purposes of this Section, (1) "unborn child" shall
24mean any individual of the human species from fertilization
25the implantation of an embryo until birth, and (2) "person"

HB2606- 330 -LRB103 26004 LNS 52358 b
1shall not include the pregnant woman individual whose unborn
2child is harmed.
3 (c) Sentence. Battery of an unborn child is a Class A
4misdemeanor. Aggravated battery of an unborn child is a Class
52 felony.
6 (d) This Section shall not apply to acts which cause
7bodily harm to an unborn child if those acts were committed
8during any abortion, as defined in Section 1-5 of the Illinois
9Abortion Law of 2023 1-10 of the Reproductive Health Act, to
10which the pregnant woman individual has consented. This
11Section shall not apply to acts which were committed pursuant
12to usual and customary standards of medical practice during
13diagnostic testing or therapeutic treatment.
14(Source: P.A. 101-13, eff. 6-12-19.)
15 Section 5-165. The Uniform Act to Secure the Attendance of
16Witnesses from Within or Without a State in Criminal
17Proceedings is amended by changing Section 2 as follows:
18 (725 ILCS 220/2) (from Ch. 38, par. 156-2)
19 Sec. 2. Summoning witness in this state to testify in
20another state.
21 If a judge of a court of record in any state which by its
22laws has made provision for commanding persons within that
23state to attend and testify in this state certifies under the
24seal of such court that there is a criminal prosecution

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1pending in such court, or that a grand jury investigation has
2commenced or is about to commence, that a person being within
3this state is a material witness in such prosecution, or grand
4jury investigation, and his presence will be required for a
5specified number of days, upon presentation of such
6certificate to any judge of a court in the county in which such
7person is, such judge shall fix a time and place for a hearing,
8and shall make an order directing the witness to appear at a
9time and place certain for the hearing.
10 If at a hearing the judge determines that the witness is
11material and necessary, that it will not cause undue hardship
12to the witness to be compelled to attend and testify in the
13prosecution or a grand jury investigation in the other state,
14and that the laws of the state in which the prosecution is
15pending, or grand jury investigation has commenced or is about
16to commence (and of any other state through which the witness
17may be required to pass by ordinary course of travel), will
18give to him protection from arrest and the service of civil and
19criminal process, he shall issue a summons, with a copy of the
20certificate attached, directing the witness to attend and
21testify in the court where the prosecution is pending, or
22where a grand jury investigation has commenced or is about to
23commence at a time and place specified in the summons. In any
24such hearing the certificate shall be prima facie evidence of
25all the facts stated therein.
26 If said certificate recommends that the witness be taken

HB2606- 332 -LRB103 26004 LNS 52358 b
1into immediate custody and delivered to an officer of the
2requesting state to assure his attendance in the requesting
3state, such judge may, in lieu of notification of the hearing,
4direct that such witness be forthwith brought before him for
5said hearing; and the judge at the hearing being satisfied of
6the desirability of such custody and delivery, for which
7determination the certificate shall be prima facie proof of
8such desirability may, in lieu of issuing subpoena or summons,
9order that said witness be forthwith taken into custody and
10delivered to an officer of the requesting state.
11 No subpoena, summons, or order shall be issued for a
12witness to provide information or testimony in relation to any
13proceeding if the charge is based on conduct that involves
14lawful health care activity, as defined by the Lawful Health
15Care Activity Act, that is not unlawful under the laws of this
16State. This limitation does not apply for the purpose of
17complying with obligations under Brady v. Maryland (373 U.S.
1883) or Giglio v. United States (405 U.S. 150).
19 If the witness, who is summoned as above provided, after
20being paid or tendered by some properly authorized person the
21sum of 10 cents a mile for each mile by the ordinary travel
22route to and from the court where the prosecution is pending
23and five dollars for each day that he is required to travel and
24attend as a witness, fails without good cause to attend and
25testify as directed in the summons, he shall be punished in the
26manner provided for the punishment of any witness who disobeys

HB2606- 333 -LRB103 26004 LNS 52358 b
1a summons issued from a court in this state.
2(Source: P.A. 102-1117, eff. 1-13-23.)
3 Section 5-170. The Uniform Criminal Extradition Act is
4amended by changing Section 6 as follows:
5 (725 ILCS 225/6) (from Ch. 60, par. 23)
6 Sec. 6. Extradition of persons not present in demanding
7state at time of commission of crime.
8 The Governor of this State may also surrender, on demand
9of the Executive Authority of any other state, any person in
10this State charged in such other state in the manner provided
11in Section 3 with committing an act in this State, or in a
12third state, intentionally resulting in a crime in the state
13whose Executive Authority is making the demand. However, the
14Governor of this State shall not surrender such a person if the
15charge is based on conduct that involves seeking, providing,
16receiving, assisting in seeking, providing, or receiving,
17providing material support for, or traveling to obtain lawful
18health care, as defined by Section 28-10 of the Lawful Health
19Care Activity Act, that is not unlawful under the laws of this
20State, including a charge based on any theory of vicarious,
21joint, several, or conspiracy liability.
22(Source: P.A. 102-1117, eff. 1-13-23.)
23 Section 5-175. The Code of Civil Procedure is amended by

HB2606- 334 -LRB103 26004 LNS 52358 b
1changing Section 8-802 and by adding Section 11-107.1a as
2follows:
3 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
4 Sec. 8-802. Physician and patient. No physician or surgeon
5shall be permitted to disclose any information he or she may
6have acquired in attending any patient in a professional
7character, necessary to enable him or her professionally to
8serve the patient, except only (1) in trials for homicide when
9the disclosure relates directly to the fact or immediate
10circumstances of the homicide, (2) in actions, civil or
11criminal, against the physician for malpractice, (3) with the
12expressed consent of the patient, or in case of his or her
13death or disability, of his or her personal representative or
14other person authorized to sue for personal injury or of the
15beneficiary of an insurance policy on his or her life, health,
16or physical condition, or as authorized by Section 8-2001.5,
17(4) in all actions brought by or against the patient, his or
18her personal representative, a beneficiary under a policy of
19insurance, or the executor or administrator of his or her
20estate wherein the patient's physical or mental condition is
21an issue, (5) upon an issue as to the validity of a document as
22a will of the patient, (6) in any criminal action where the
23charge is either first degree murder by abortion, attempted
24abortion or abortion (blank), (7) in actions, civil or
25criminal, arising from the filing of a report in compliance

HB2606- 335 -LRB103 26004 LNS 52358 b
1with the Abused and Neglected Child Reporting Act, (8) to any
2department, agency, institution or facility which has custody
3of the patient pursuant to State statute or any court order of
4commitment, (9) in prosecutions where written results of blood
5alcohol tests are admissible pursuant to Section 11-501.4 of
6the Illinois Vehicle Code, (10) in prosecutions where written
7results of blood alcohol tests are admissible under Section
85-11a of the Boat Registration and Safety Act, (11) in
9criminal actions arising from the filing of a report of
10suspected terrorist offense in compliance with Section
1129D-10(p)(7) of the Criminal Code of 2012, (12) upon the
12issuance of a subpoena pursuant to Section 38 of the Medical
13Practice Act of 1987; the issuance of a subpoena pursuant to
14Section 25.1 of the Illinois Dental Practice Act; the issuance
15of a subpoena pursuant to Section 22 of the Nursing Home
16Administrators Licensing and Disciplinary Act; or the issuance
17of a subpoena pursuant to Section 25.5 of the Workers'
18Compensation Act, (13) upon the issuance of a grand jury
19subpoena pursuant to Article 112 of the Code of Criminal
20Procedure of 1963, or (14) to or through a health information
21exchange, as that term is defined in Section 2 of the Mental
22Health and Developmental Disabilities Confidentiality Act, in
23accordance with State or federal law.
24 Upon disclosure under item (13) of this Section, in any
25criminal action where the charge is domestic battery,
26aggravated domestic battery, or an offense under Article 11 of

HB2606- 336 -LRB103 26004 LNS 52358 b
1the Criminal Code of 2012 or where the patient is under the age
2of 18 years or upon the request of the patient, the State's
3Attorney shall petition the court for a protective order
4pursuant to Supreme Court Rule 415.
5 In the event of a conflict between the application of this
6Section and the Mental Health and Developmental Disabilities
7Confidentiality Act to a specific situation, the provisions of
8the Mental Health and Developmental Disabilities
9Confidentiality Act shall control.
10(Source: P.A. 101-13, eff. 6-12-19.)
11 (735 ILCS 5/11-107.1a new)
12 Sec. 11-107.1a. Injunctive relief for the father of an
13unborn child in an abortion related decision by the mother. In
14any case when a married woman wishes to have an abortion
15performed upon her, and her spouse, who is the father of the
16unborn child, is opposed to the performance of that abortion,
17a court may hear testimony from both parties and balance the
18rights and interests of those parties.
19 When the interests of the husband in preventing the
20abortion outweigh those of the wife in having an abortion
21performed after the unborn child is viable, the court may
22issue an injunction against the performance of the abortion
23but only where the court makes a finding that the mother's life
24or physical health are not in danger.

HB2606- 337 -LRB103 26004 LNS 52358 b
1 Section 5-180. The Uniform Interstate Depositions and
2Discovery Act is amended by changing Section 3 as follows:
3 (735 ILCS 35/3)
4 Sec. 3. Issuance of subpoena.
5 (a) To request issuance of a subpoena under this Section,
6a party must submit a foreign subpoena to a clerk of court in
7the county in which discovery is sought to be conducted in this
8State. A request for the issuance of a subpoena under this Act
9does not constitute an appearance in the courts of this State.
10 (b) When a party submits a foreign subpoena to a clerk of
11court in this State, the clerk, in accordance with that
12court's procedure, shall promptly issue a subpoena for service
13upon the person to which the foreign subpoena is directed
14unless issuance is prohibited by Section 3.5.
15 (c) A subpoena under subsection (b) must:
16 (A) incorporate the terms used in the foreign
17 subpoena; and
18 (B) contain or be accompanied by the names, addresses,
19 and telephone numbers of all counsel of record in the
20 proceeding to which the subpoena relates and of any party
21 not represented by counsel.
22(Source: P.A. 102-1117, eff. 1-13-23.)
23 Section 5-185. The Wrongful Death Act is amended by
24changing Section 2.2 as follows:

HB2606- 338 -LRB103 26004 LNS 52358 b
1 (740 ILCS 180/2.2) (from Ch. 70, par. 2.2)
2 Sec. 2.2. The state of gestation or development of a human
3being when an injury is caused, when an injury takes effect, or
4at death, shall not foreclose maintenance of any cause of
5action under the law of this State arising from the death of a
6human being caused by wrongful act, neglect or default.
7 There shall be no cause of action against a physician or a
8medical institution health care professional, a medical
9institution, or the pregnant person for the wrongful death of
10a fetus caused by an abortion where the abortion was permitted
11by law and the requisite consent was lawfully given. Provided,
12however, that a cause of action is not prohibited where the
13fetus is live-born but subsequently dies.
14 There shall be no cause of action against a physician or a
15medical institution for the wrongful death of a fetus based on
16the alleged misconduct of the physician or medical institution
17where the defendant did not know and, under the applicable
18standard of good medical care, had no medical reason to know of
19the pregnancy of the mother of the fetus.
20(Source: P.A. 102-1117, eff. 1-13-23.)
21 Section 5-190. The Health Care Right of Conscience Act is
22amended by changing Section 3 as follows:
23 (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)

HB2606- 339 -LRB103 26004 LNS 52358 b
1 Sec. 3. Definitions. As used in this Act, unless the
2context clearly otherwise requires:
3 (a) "Health care" means any phase of patient care,
4 including but not limited to, testing; diagnosis;
5 prognosis; ancillary research; instructions; family
6 planning, counselling, referrals, or any other advice in
7 connection with the use or procurement of contraceptives
8 and sterilization or abortion procedures; medication; or
9 surgery or other care or treatment rendered by a physician
10 or physicians, nurses, paraprofessionals or health care
11 facility, intended for the physical, emotional, and mental
12 well-being of persons; or an abortion as defined by the
13 Reproductive Health Act;
14 (b) "Physician" means any person who is licensed by
15 the State of Illinois under the Medical Practice Act of
16 1987;
17 (c) "Health care personnel" means any nurse, nurses'
18 aide, medical school student, professional,
19 paraprofessional or any other person who furnishes, or
20 assists in the furnishing of, health care services;
21 (d) "Health care facility" means any public or private
22 hospital, clinic, center, medical school, medical training
23 institution, laboratory or diagnostic facility,
24 physician's office, infirmary, dispensary, ambulatory
25 surgical treatment center or other institution or location
26 wherein health care services are provided to any person,

HB2606- 340 -LRB103 26004 LNS 52358 b
1 including physician organizations and associations,
2 networks, joint ventures, and all other combinations of
3 those organizations;
4 (e) "Conscience" means a sincerely held set of moral
5 convictions arising from belief in and relation to God, or
6 which, though not so derived, arises from a place in the
7 life of its possessor parallel to that filled by God among
8 adherents to religious faiths;
9 (f) "Health care payer" means a health maintenance
10 organization, insurance company, management services
11 organization, or any other entity that pays for or
12 arranges for the payment of any health care or medical
13 care service, procedure, or product; and
14 (g) "Undue delay" means unreasonable delay that causes
15 impairment of the patient's health.
16 The above definitions include not only the traditional
17combinations and forms of these persons and organizations but
18also all new and emerging forms and combinations of these
19persons and organizations.
20(Source: P.A. 101-13, eff. 6-12-19.)
21 Section 5-195. The Illinois Parentage Act of 2015 is
22amended by changing Sections 704 and 709 as follows:
23 (750 ILCS 46/704)
24 Sec. 704. Withdrawal of consent of intended parent or

HB2606- 341 -LRB103 26004 LNS 52358 b
1donor. An intended parent or donor may withdraw consent to use
2his or her gametes in a writing or legal pleading with notice
3to the other participants. An intended parent who withdraws
4consent under this Section prior to the insemination or embryo
5transfer is not a parent of any resulting child. If a donor
6withdraws consent to his or her donation prior to the
7insemination or the combination of gametes, the intended
8parent is not the parent of any resulting child. If the
9intended parent or parents no longer wish to use any remaining
10cryopreserved fertilized ovum for medical purposes, the terms
11of the most recent informed consent of the intended parent or
12parents executed at the fertility center or a marital
13settlement agreement under a judgment of dissolution of
14marriage, judgment of legal separation, or judgment of
15dissolution of civil union governs the disposition of the
16fertilized ovum.
17(Source: P.A. 102-1117, eff. 1-13-23.)
18 (750 ILCS 46/709)
19 Sec. 709. Establishment of parentage; requirements of
20Gestational Surrogacy Act.
21 (a) In the event of gestational surrogacy, in addition to
22the requirements of the Gestational Surrogacy Act, a
23parent-child relationship is established between a person and
24a child if all of the following conditions are met prior to the
25birth of the child:

HB2606- 342 -LRB103 26004 LNS 52358 b
1 (1) The gestational surrogate certifies that she did
2 not provide a gamete for the child, and that she is
3 carrying the child for the intended parents.
4 (2) The spouse, if any, of the gestational surrogate
5 certifies that he or she did not provide a gamete for the
6 child.
7 (3) Each intended parent, or the parent's legally
8 authorized designee if an intended parent dies, certifies
9 that the child being carried by the gestational surrogate
10 was conceived using at least one of the intended parents'
11 gametes.
12 (4) A physician licensed in the state in which the
13 fertilized ovum was inseminated or transferred to the
14 gestational surrogate certifies that the child being
15 carried by the gestational surrogate was conceived using
16 the gamete or gametes of at least one of the intended
17 parents, and that neither the gestational surrogate nor
18 the gestational surrogate's spouse, if any, provided
19 gametes for the child being carried by the gestational
20 surrogate.
21 (5) The attorneys for the intended parents and the
22 gestational surrogate each certify that the parties
23 entered into a gestational surrogacy agreement intended to
24 satisfy the requirements of the Gestational Surrogacy Act.
25 (b) All certifications under this Section shall be in
26writing and witnessed by 2 competent adults who are not the

HB2606- 343 -LRB103 26004 LNS 52358 b
1gestational surrogate, gestational surrogate's spouse, if any,
2or an intended parent. Certifications shall be on forms
3prescribed by the Illinois Department of Public Health and
4shall be executed prior to the birth of the child. All
5certifications shall be provided, prior to the birth of the
6child, to both the hospital where the gestational surrogate
7anticipates the delivery will occur and to the Illinois
8Department of Public Health.
9 (c) Parentage established in accordance with this Section
10has the full force and effect of a judgment entered under this
11Act.
12 (d) The Illinois Department of Public Health shall adopt
13rules to implement this Section.
14(Source: P.A. 102-1117, eff. 1-13-23.)
15 Section 5-200. The Rights of Married Persons Act is
16amended 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
19education of the children shall be chargeable upon the
20property of both husband and wife, or of either of them, in
21favor of creditors therefor, and in relation thereto they may
22be sued jointly or separately.
23 (2) No creditor, who has a claim against a spouse or former
24spouse for an expense incurred by that spouse or former spouse

HB2606- 344 -LRB103 26004 LNS 52358 b
1which is not a family expense, shall maintain an action
2against the other spouse or former spouse for that expense
3except:
4 (A) an expense for which the other spouse or former spouse
5agreed, in writing, to be liable; or
6 (B) an expense for goods or merchandise purchased by or in
7the possession of the other spouse or former spouse, or for
8services ordered by the other spouse or former spouse.
9 (3) Any creditor who maintains an action in violation of
10this subsection (a) for an expense other than a family expense
11against a spouse or former spouse other than the spouse or
12former spouse who incurred the expense, shall be liable to the
13other spouse or former spouse for his or her costs, expenses
14and attorney's fees incurred in defending the action.
15 (4) No creditor shall, with respect to any claim against a
16spouse or former spouse for which the creditor is prohibited
17under this subsection (a) from maintaining an action against
18the other spouse or former spouse, engage in any collection
19efforts against the other spouse or former spouse, including,
20but not limited to, informal or formal collection attempts,
21referral of the claim to a collector or collection agency for
22collection from the other spouse or former spouse, or making
23any representation to a credit reporting agency that the other
24spouse or former spouse is any way liable for payment of the
25claim.
26 (b) No spouse shall be liable for any expense incurred by

HB2606- 345 -LRB103 26004 LNS 52358 b
1the other spouse when an abortion is performed on such spouse,
2without the consent of such other spouse, unless the physician
3who performed the abortion certifies that such abortion is
4necessary to preserve the life of the spouse who obtained such
5abortion. (Blank).
6 (c) No parent shall be liable for any expense incurred by
7his or her minor child when an abortion is performed on such
8minor child without the consent of both parents of such child,
9if they both have custody, or the parent having custody, or
10legal guardian of such child, unless the physician who
11performed the abortion certifies that such abortion is
12necessary to preserve the life of the minor child who obtained
13such abortion. (Blank).
14(Source: P.A. 101-13, eff. 6-12-19.)
15
Article 6.
16 (5 ILCS 100/5-45.35
17 Section 6-5. The Illinois Administrative Procedure Act is
18amended by repealing Section 5-45.35 (as added by Public Act
19102-1117).
20 (20 ILCS 4111/Act rep.)
21 Section 6-10. The Youth Health and Safety Act is repealed.
22 (30 ILCS 105/5.990 rep.)

HB2606- 346 -LRB103 26004 LNS 52358 b
1 Section 6-15. The State Finance Act is amended by
2repealing Section 5.990.
3 (215 ILCS 5/356z.4a rep.)
4 Section 6-20. The Illinois Insurance Code is amended by
5repealing Section 356z.4a.
6 (215 ILCS 5/356z.60 rep.)
7 Section 6-25. The Illinois Insurance Code is amended by
8repealing Section 356z.60.
9 (225 ILCS 95/9.7 rep.)
10 Section 6-30. The Physician Assistant Practice Act of 1987
11is amended by repealing Section 9.7.
12 (225 ILCS 60/66 rep.)
13 Section 6-35. The Medical Practice Act of 1987 is amended
14by repealing Section 66.
15 (225 ILCS 65/65-11 rep.)
16 (225 ILCS 65/65-11.5 rep.)
17 Section 6-40. The Nurse Practice Act is amended by
18repealing Sections 65-11 and 65-11.5.
19 (410 ILCS 185/Act rep.)
20 Section 6-45. The Abortion Care Clinical Training Program

HB2606- 347 -LRB103 26004 LNS 52358 b
1Act is repealed.
2 (735 ILCS 35/3.5 rep.)
3 Section 6-50. The Uniform Interstate Depositions and
4Discovery Act is amended by repealing Section 3.5.
5 (735 ILCS 40/Act rep.)
6 Section 6-55. The Lawful Health Care Activity Act is
7repealed.
8 (740 ILCS 126/Act rep.)
9 Section 6-60. The Protecting Reproductive Health Care
10Services Act is repealed.
11 (775 ILCS 55/Act rep.)
12 Section 6-65. The Reproductive Health Act is repealed.
13
Article 99.
14 Section 99-95. No acceleration or delay. Where this Act
15makes changes in a statute that is represented in this Act by
16text that is not yet or no longer in effect (for example, a
17Section represented by multiple versions), the use of that
18text does not accelerate or delay the taking effect of (i) the
19changes made by this Act or (ii) provisions derived from any
20other Public Act.

HB2606- 348 -LRB103 26004 LNS 52358 b
1 Section 99-99. Effective date. This Act takes effect upon
2becoming law.

HB2606- 349 -LRB103 26004 LNS 52358 b
1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 5 ILCS 140/7.5
5 5 ILCS 375/6.11
6 20 ILCS 505/5from Ch. 23, par. 5005
7 20 ILCS 2630/3.2from Ch. 38, par. 206-3.2
8 55 ILCS 5/3-3013from Ch. 34, par. 3-3013
9 55 ILCS 5/3-4006from Ch. 34, par. 3-4006
10 55 ILCS 5/5-1069.3
11 65 ILCS 5/10-4-2.3
12 105 ILCS 5/10-22.3f
13 210 ILCS 5/2from Ch. 111 1/2, par. 157-8.2
14 210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3
15 210 ILCS 5/6.2 new
16 210 ILCS 170/5
17 210 ILCS 170/30
18 215 ILCS 5/356z.3a
19 215 ILCS 5/356z.4
20 215 ILCS 124/10
21 215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
22 215 ILCS 130/4003from Ch. 73, par. 1504-3
23 215 ILCS 165/10from Ch. 32, par. 604
24 225 ILCS 6/60
25 225 ILCS 15/15from Ch. 111, par. 5365

HB2606- 350 -LRB103 26004 LNS 52358 b
1 225 ILCS 20/19from Ch. 111, par. 6369
2 225 ILCS 55/85from Ch. 111, par. 8351-85
3 225 ILCS 60/2from Ch. 111, par. 4400-2
4 225 ILCS 60/22from Ch. 111, par. 4400-22
5 225 ILCS 60/23from Ch. 111, par. 4400-23
6 225 ILCS 60/36from Ch. 111, par. 4400-36
7 225 ILCS 60/49.5
8 225 ILCS 65/65-35was 225 ILCS 65/15-15
9 225 ILCS 65/65-43
10 225 ILCS 65/65-65was 225 ILCS 65/15-55
11 225 ILCS 65/70-5was 225 ILCS 65/10-45
12 225 ILCS 85/30from Ch. 111, par. 4150
13 225 ILCS 85/30.1
14 225 ILCS 85/43
15 225 ILCS 95/7.5
16 225 ILCS 95/21from Ch. 111, par. 4621
17 225 ILCS 107/80
18 225 ILCS 130/75
19 225 ILCS 135/95
20 225 ILCS 150/10
21 225 ILCS 150/15
22 305 ILCS 5/5-16.8
23 410 ILCS 70/9.1 new
24 410 ILCS 210/1.5
25 410 ILCS 535/1from Ch. 111 1/2, par. 73-1
26 415 ILCS 5/56.1from Ch. 111 1/2, par. 1056.1

HB2606- 351 -LRB103 26004 LNS 52358 b
1 720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2
2 720 ILCS 5/9-2.1from Ch. 38, par. 9-2.1
3 720 ILCS 5/9-3.2from Ch. 38, par. 9-3.2
4 720 ILCS 5/12-3.1from Ch. 38, par. 12-3.1
5 725 ILCS 220/2from Ch. 38, par. 156-2
6 725 ILCS 225/6from Ch. 60, par. 23
7 735 ILCS 5/8-802from Ch. 110, par. 8-802
8 735 ILCS 5/11-107.1a new
9 735 ILCS 35/3
10 740 ILCS 180/2.2from Ch. 70, par. 2.2
11 745 ILCS 70/3from Ch. 111 1/2, par. 5303
12 750 ILCS 46/704
13 750 ILCS 46/709
14 750 ILCS 65/15from Ch. 40, par. 1015
15 5 ILCS 100/5-45.35
16 20 ILCS 4111/Act rep.
17 30 ILCS 105/5.990 rep.
18 215 ILCS 5/356z.4a rep.
19 215 ILCS 5/356z.60 rep.
20 225 ILCS 95/9.7 rep.
21 225 ILCS 60/66 rep.
22 225 ILCS 65/65-11 rep.
23 225 ILCS 65/65-11.5 rep.
24 410 ILCS 185/Act rep.
25 735 ILCS 35/3.5 rep.
26 735 ILCS 40/Act rep.

HB2606- 352 -LRB103 26004 LNS 52358 b