Bill Text: IL HB3850 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Repeals the Reproductive Health Act. Creates the Illinois Abortion Law of 2019 containing the provisions of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as provisions defining "viability" to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining "fetal heartbeat" as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Creates the Partial-birth Abortion Ban Act of 2019 and the Abortion Performance Refusal Act of 2019 containing the provisions of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Act 101-13. Effective immediately.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2019-07-03 - Added Co-Sponsor Rep. Charles Meier [HB3850 Detail]

Download: Illinois-2019-HB3850-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3850

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Reproductive Health Act. Creates the Illinois Abortion Law of 2019 containing the provisions of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as provisions defining "viability" to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining "fetal heartbeat" as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Creates the Partial-birth Abortion Ban Act of 2019 and the Abortion Performance Refusal Act of 2019 containing the provisions of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Act 101-13. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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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. It is the intention of the General Assembly of
6the State of Illinois to reasonably regulate abortion in
7conformance with the legal standards set forth in the decisions
8of the United States Supreme Court of January 22, 1973.
9 Section 2. Unless the language or context clearly indicates
10a different meaning is intended, the following words or phrases
11for the purpose of this Law shall be given the meaning ascribed
12to them:
13 (1) "Viability" means either:
14 (A) that stage of fetal development when, in the
15 medical judgment of the attending physician based on the
16 particular facts of the case before the attending
17 physician, there is a reasonable likelihood of sustained
18 survival of the fetus outside the womb, with or without
19 artificial support; or
20 (B) when, in the medical judgment of the attending
21 physician based on the particular facts of the case before
22 the attending physician, the unborn child has a fetal

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1 heartbeat.
2 (2) "Physician" means any person licensed to practice
3medicine in all its branches under the Illinois Medical
4Practice Act of 1987, as amended.
5 (3) "Department" means the Department of Public Health,
6State of Illinois.
7 (4) "Abortion" means the use of any instrument, medicine,
8drug or any other substance or device to terminate the
9pregnancy of a woman known to be pregnant with an intention
10other than to increase the probability of a live birth, to
11preserve the life or health of the child after live birth, or
12to remove a dead fetus.
13 (5) "Fertilization" and "conception" each mean the
14fertilization of a human ovum by a human sperm, which shall be
15deemed to have occurred at the time when it is known a
16spermatozoon has penetrated the cell membrane of the ovum.
17 (6) "Fetus" and "unborn child" each mean an individual
18organism of the species homo sapiens from fertilization until
19live birth.
20 (6.5) "Fetal heartbeat" means cardiac activity or the
21steady and repetitive rhythmic contraction of the fetal heart
22within the gestational sac.
23 (7) "Abortifacient" means any instrument, medicine, drug,
24or any other substance or device which is known to cause fetal
25death when employed in the usual and customary use for which it
26is manufactured, whether or not the fetus is known to exist

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1when such substance or device is employed.
2 (8) "Born alive", "live born", and "live birth", when
3applied to an individual organism of the species homo sapiens,
4each mean he or she was completely expelled or extracted from
5his or her mother and after such separation breathed or showed
6evidence of any of the following: beating of the heart,
7pulsation of the umbilical cord, or definite movement of
8voluntary muscles, irrespective of the duration of pregnancy
9and whether or not the umbilical cord has been cut or the
10placenta is attached.
11 Section 3.1. Medical Judgment. No abortion shall be
12performed except by a physician after either (a) he determines
13that, in his best clinical judgment, the abortion is necessary,
14or (b) he receives a written statement or oral communication by
15another physician, hereinafter called the "referring
16physician", certifying that in the referring physician's best
17clinical judgment the abortion is necessary. Any person who
18intentionally or knowingly performs an abortion contrary to the
19requirements of Section 3.1 commits a Class 2 felony.
20 Section 5. (1) When the fetus is viable no abortion shall
21be performed unless in the medical judgment of the attending or
22referring physician, based on the particular facts of the case
23before him, it is necessary to preserve the life or health of
24the mother. Intentional, knowing, or reckless failure to

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

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1than the physician performing or inducing the abortion who
2shall take control of and provide immediate medical care for
3any child born alive as a result of the abortion. This
4requirement shall not apply when, in the medical judgment of
5the physician performing or inducing the abortion based on the
6particular facts of the case before him, there exists a medical
7emergency; in such a case, the physician shall describe the
8basis of this judgment on the form prescribed by Section 10 of
9this Act. Any physician who intentionally performs or induces
10such an abortion and who intentionally, knowingly, or
11recklessly fails to arrange for the attendance of such a second
12physician in violation of Section 6(2)(a) commits a Class 3
13felony.
14 (b) Subsequent to the abortion, if a child is born alive,
15the physician required by Section 6(2)(a) to be in attendance
16shall exercise the same degree of professional skill, care and
17diligence to preserve the life and health of the child as would
18be required of a physician providing immediate medical care to
19a child born alive in the course of a pregnancy termination
20which was not an abortion. Any such physician who
21intentionally, knowingly, or recklessly violates Section
226(2)(b) commits a Class 3 felony.
23 (3) The law of this State shall not be construed to imply
24that any living individual organism of the species homo sapiens
25who has been born alive is not an individual under the Criminal
26Code of 1961 or Criminal Code of 2012.

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

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1perform the abortion or his agent or the referring physician or
2his agent shall inform the woman upon whom the abortion is to
3be performed that such an anesthetic or analgesic is available,
4if he knows it to be available, for use to abolish or alleviate
5organic pain caused to the fetus by the particular method of
6abortion to be employed. Any person who performs an abortion
7with knowledge that any such reasonable medical certainty
8exists and that such an anesthetic or analgesic is available,
9and intentionally 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 subsection (6) of
12Section 6 shall not apply (a) when in the medical judgment of
13the physician who is to perform the abortion or the referring
14physician based upon the particular facts of the case before
15him: (i) there exists a medical emergency, or (ii) the
16administration of such an anesthetic or analgesic would
17decrease a possibility of sustained survival of the fetus apart
18from the body of the mother, with or without artificial
19support, or (b) when the physician who is to perform the
20abortion administers an anesthetic or an analgesic to the woman
21or the fetus and he knows there exists reasonable medical
22certainty that such use will abolish organic pain caused to the
23fetus during the course of the abortion.
24 (7) 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 thereby

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1produced. Intentional violation of this section is a Class A
2misdemeanor. Nothing in this subsection (7) is intended to
3prohibit the performance of in vitro fertilization.
4 (8) 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 Section
76(8) shall be construed to proscribe the performance of an
8abortion on account of the sex of the fetus because of a
9genetic disorder linked to that sex. If the application of
10Section 6(8) to the period of pregnancy prior to viability is
11held invalid, then such invalidity shall not affect its
12application to the period of pregnancy subsequent to viability.
13 Section 10. A report of each abortion performed shall be
14made to the Department on forms prescribed by it. Such report
15forms shall not identify the patient by name, but by an
16individual number to be noted in the patient's permanent record
17in the possession of the physician, and shall include
18information concerning:
19 (1) Identification of the physician who performed the
20 abortion and the facility where the abortion was performed
21 and a patient identification number;
22 (2) State in which the patient resides;
23 (3) Patient's date of birth, race and marital status;
24 (4) Number of prior pregnancies;
25 (5) Date of last menstrual period;

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1 (6) Type of abortion procedure performed;
2 (7) Complications and whether the abortion resulted in
3 a live birth;
4 (8) The date the abortion was performed;
5 (9) Medical indications for any abortion performed
6 when the fetus was viable;
7 (10) The information required by Sections 6(1)(b) and
8 6(4)(b) of this Act, if applicable;
9 (11) Basis for any medical judgment that a medical
10 emergency existed when required under Sections 6(2)(a) and
11 6(6) and when required to be reported in accordance with
12 this Section by any provision of this Law; and
13 (12) The pathologist's test results pursuant to
14 Section 12 of this Act.
15 Such form shall be completed by the hospital or other
16licensed facility, signed by the physician who performed the
17abortion or pregnancy termination, and transmitted to the
18Department not later than 10 days following the end of the
19month in which the abortion was performed.
20 In the event that a complication of an abortion occurs or
21becomes known after submission of such form, a correction using
22the same patient identification number shall be submitted to
23the Department within 10 days of its becoming known.
24 The Department may prescribe rules and regulations
25regarding the administration of this Law and shall prescribe
26regulations to secure the confidentiality of the woman's

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1identity in the information to be provided under the "Vital
2Records Act". All reports received by the Department shall be
3treated as confidential and the Department shall secure the
4woman's anonymity. Such reports shall be used only for
5statistical purposes.
6 Upon 30 days public notice, the Department is empowered to
7require reporting of any additional information which, in the
8sound discretion of the Department, is necessary to develop
9statistical data relating to the protection of maternal or
10fetal life or health, or is necessary to enforce the provisions
11of this Law, or is necessary to develop useful criteria for
12medical decisions. The Department shall annually report to the
13General Assembly all statistical data gathered under this Law
14and its recommendations to further the purpose of this Law.
15 The requirement for reporting to the General Assembly shall
16be satisfied by filing copies of the report as required by
17Section 3.1 of the General Assembly Organization Act, and
18filing such additional copies with the State Government Report
19Distribution Center for the General Assembly as is required
20under paragraph (t) of Section 7 of the State Library Act.
21 Section 10.1. Any physician who diagnoses a woman as having
22complications resulting from an abortion shall report, within a
23reasonable period of time, the diagnosis and a summary of her
24physical symptoms to the Illinois Department of Public Health
25in accordance with procedures and upon forms required by such

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1Department. The Department of Public Health shall define the
2complications required to be reported by rule. The
3complications defined by rule shall be those which, according
4to contemporary medical standards, are manifested by symptoms
5with severity equal to or greater than hemorrhaging requiring
6transfusion, infection, incomplete abortion, or punctured
7organs. If the physician making the diagnosis of a complication
8knows the name or location of the facility where the abortion
9was performed, he shall report such information to the
10Department of Public Health.
11 Any physician who intentionally violates this Section
12shall be subject to revocation of his license pursuant to
13paragraph (22) of Section 22 of the Medical Practice Act of
141987.
15 Section 11. (1) Any person who intentionally violates any
16provision of this Law commits a Class A misdemeanor unless a
17specific penalty is otherwise provided. Any person who
18intentionally falsifies any writing required by this Law
19commits a Class A misdemeanor.
20 Intentional, knowing, reckless, or negligent violations of
21this Law shall constitute unprofessional conduct which causes
22public harm under Section 22 of the Medical Practice Act of
231987, as amended; Section 70-5 of the Nurse Practice Act, and
24Section 21 of the Physician Assistant Practice Act of 1987, as
25amended.

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1 Intentional, knowing, reckless or negligent violations of
2this Law will constitute grounds for refusal, denial,
3revocation, suspension, or withdrawal of license, certificate,
4or permit under Section 30 of the Pharmacy Practice Act, as
5amended; Section 7 of the Ambulatory Surgical Treatment Center
6Act, effective July 19, 1973, as amended; and Section 7 of the
7Hospital Licensing Act.
8 (2) Any hospital or licensed facility which, or any
9physician who intentionally, knowingly, or recklessly fails to
10submit a complete report to the Department in accordance with
11the provisions of Section 10 of this Law and any person who
12intentionally, knowingly, recklessly or negligently fails to
13maintain the confidentiality of any reports required under this
14Law or reports required by Sections 10.1 or 12 of this Law
15commits a Class B misdemeanor.
16 (3) Any person who sells any drug, medicine, instrument or
17other substance which he knows to be an abortifacient and which
18is in fact an abortifacient, unless upon prescription of a
19physician, is guilty of a Class B misdemeanor. Any person who
20prescribes or administers any instrument, medicine, drug or
21other substance or device, which he knows to be an
22abortifacient, and which is in fact an abortifacient, and
23intentionally, knowingly or recklessly fails to inform the
24person for whom it is prescribed or upon whom it is
25administered that it is an abortifacient commits a Class C
26misdemeanor.

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1 (4) Any person who intentionally, knowingly or recklessly
2performs upon a woman what he represents to that woman to be an
3abortion when he knows or should know that she is not pregnant
4commits a Class 2 felony and shall be answerable in civil
5damages equal to 3 times the amount of proved damages.
6 Section 11.1. (a) The payment or receipt of a referral fee
7in connection with the performance of an abortion is a Class 4
8felony.
9 (b) For purposes of this Section, "referral fee" means the
10transfer of anything of value between a doctor who performs an
11abortion or an operator or employee of a clinic at which an
12abortion is performed and the person who advised the woman
13receiving the abortion to use the services of that doctor or
14clinic.
15 Section 12. The dead fetus and all tissue removed at the
16time of abortion shall be submitted for a gross and microscopic
17analysis and tissue report to a board eligible or certified
18pathologist as a matter of record in all cases. The results of
19the analysis and report shall be given to the physician who
20performed the abortion within 7 days of the abortion and such
21physician shall report any complications relevant to the
22woman's medical condition to his patient within 48 hours of
23receiving a report if possible. Any evidence of live birth or
24of viability shall be reported within 7 days, if possible, to

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1the Department by the pathologist. Intentional failure of the
2pathologist to report any evidence of live birth or of
3viability to the Department is a Class B misdemeanor.
4 Section 12.1. Nothing in this Act shall prohibit the use of
5any tissues or cells obtained from a dead fetus or dead
6premature infant whose death did not result from an induced
7abortion, for therapeutic purposes or scientific, research, or
8laboratory experimentation, provided that the written consent
9to such use is obtained from one of the parents of such fetus
10or infant.
11 Section 13. No physician, hospital, ambulatory surgical
12center, nor employee thereof, shall be required against his or
13its conscience declared in writing to perform, permit or
14participate in any abortion, and the failure or refusal to do
15so shall not be the basis for any civil, criminal,
16administrative or disciplinary action, proceeding, penalty or
17punishment. If any request for an abortion is denied, the
18patient shall be promptly notified.
19 Section 14. (1) If any provision, word, phrase or clause of
20this Act or the application thereof to any person or
21circumstance shall be held invalid, such invalidity shall not
22affect the provisions, words, phrases, clauses or application
23of this Act which can be given effect without the invalid

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1provision, word, phrase, clause, or application, and to this
2end the provisions, words, phrases, and clauses of this Act are
3declared to be severable.
4 (2) Within 60 days from the time this Section becomes law,
5the Department shall issue regulations pursuant to Section 10.
6Insofar as Section 10 requires registration under the "Vital
7Records Act", it shall not take effect until such regulations
8are issued. The Department shall make available the forms
9required under Section 10 within 30 days of the time this
10Section becomes law. No requirement that any person report
11information to the Department shall become effective until the
12Department has made available the forms required under Section
1310. All other provisions of this amended Law shall take effect
14immediately upon enactment.
15 Section 15. This Article shall be known and may be cited as
16the "Illinois Abortion Law of 2019".
17
Article 2.
18 Section 201. Short title. This Article may be cited as the
19Partial-birth Abortion Ban Act of 2019.
20 Section 205. Definitions. In this Act:
21 "Partial-birth abortion" means an abortion in which the
22person performing the abortion partially vaginally delivers a

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1living human fetus or infant before killing the fetus or infant
2and completing the delivery. The terms "fetus" and "infant" are
3used interchangeably to refer to the biological offspring of
4human parents.
5 Section 210. Partial-birth abortions prohibited. Any
6person who knowingly performs a partial-birth abortion and
7thereby kills a human fetus or infant is guilty of a Class 4
8felony. This Section does not apply to a partial-birth abortion
9that is necessary to save the life of a mother because her life
10is endangered by a physical disorder, physical illness, or
11physical injury, including a life-endangering condition caused
12by or arising from the pregnancy itself, provided that no other
13medical procedure would suffice for that purpose.
14 Section 215. Civil action. The maternal grandparents of the
15fetus or infant, if the mother has not attained the age of 18
16years at the time of the abortion, may in a civil action obtain
17appropriate relief unless the pregnancy resulted from the
18plaintiff's criminal conduct or the plaintiff consented to the
19abortion. The relief shall include money damages for all
20injuries, psychological and physical, occasioned by the
21violation of this Act and statutory damages equal to 3 times
22the cost of the partial-birth abortion.
23 Section 220. Prosecution of woman prohibited. A woman on

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1whom a partial-birth abortion is performed may not be
2prosecuted under this Act, for a conspiracy to violate this
3Act, or for an offense under Article 31 of the Criminal Code of
41961 or Criminal Code of 2012 based on a violation of this Act,
5nor may she be held accountable under Article 5 of the Criminal
6Code of 1961 or Criminal Code of 2012 for an offense based on a
7violation of this Act.
8
Article 3.
9 Section 301. Short title. This Article may be cited as the
10Abortion Performance Refusal Act of 2019.
11 Section 305.
12 (a) No physician, nurse or other person who refuses to
13recommend, perform or assist in the performance of an abortion,
14whether such abortion be a crime or not, shall be liable to any
15person for damages allegedly arising from such refusal.
16 (b) No hospital that refuses to permit the performance of
17an abortion upon its premises, whether such abortion be a crime
18or not, shall be liable to any person for damages allegedly
19arising from such refusal.
20 (c) Any person, association, partnership or corporation
21that discriminates against another person in any way,
22including, but not limited to, hiring, promotion, advancement,
23transfer, licensing, granting of hospital privileges, or staff

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1appointments, because of that person's refusal to recommend,
2perform or assist in the performance of an abortion, whether
3such abortion be a crime or not, shall be answerable in civil
4damages equal to 3 times the amount of proved damages, but in
5no case less than $2,000.
6 (d) The license of any hospital, doctor, nurse or any other
7medical personnel shall not be revoked or suspended because of
8a refusal to permit, recommend, perform or assist in the
9performance of an abortion.
10
Article 4.
11 (775 ILCS 55/Act rep.)
12 Section 405. The Reproductive Health Act is repealed.
13
Article 5.
14 Section 505. The Ambulatory Surgical Treatment Center Act
15is amended by adding Section 6.2 as follows:
16 (210 ILCS 5/6.2 new)
17 Sec. 6.2. Notwithstanding any other provision of this Act,
18any corporation operating an Ambulatory Surgical Treatment
19Center devoted primarily to providing facilities for abortion
20must have a physician, who is licensed to practice medicine in
21all of its branches and is actively engaged in the practice of

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1medicine at the Center, on the board of directors as a
2condition to licensure of the Center.
3 Section 510. The Sexual Assault Survivors Emergency
4Treatment Act is amended by adding Section 9.1 as follows:
5 (410 ILCS 70/9.1 new)
6 Sec. 9.1. Nothing in this Act shall be construed to require
7a hospital or an approved pediatric health care facility to
8provide any services which relate to an abortion.
9 Section 515. The Code of Civil Procedure is amended by
10adding Section 11-107.1a as follows:
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, a
17court 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 issue
22an injunction against the performance of the abortion but only

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1where the court makes a finding that the mother's life or
2physical health are not in danger.
3
Article 6.
4 Section 605. The State Employees Group Insurance Act of
51971 is amended by changing Section 6.11 as follows:
6 (5 ILCS 375/6.11)
7 Sec. 6.11. Required health benefits; Illinois Insurance
8Code requirements. The program of health benefits shall provide
9the post-mastectomy care benefits required to be covered by a
10policy of accident and health insurance under Section 356t of
11the Illinois Insurance Code. The program of health benefits
12shall provide the coverage required under Sections 356g,
13356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
14356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
15356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,
16356z.29, and 356z.32 of the Illinois Insurance Code. The
17program of health benefits must comply with Sections 155.22a,
18155.37, 355b, 356z.19, 370c, and 370c.1 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.

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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. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
8100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
91-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19;
10100-1170, eff. 6-1-19; 101-13, eff. 6-12-19.)
11 Section 610. The Children and Family Services Act is
12amended by changing Section 5 as follows:
13 (20 ILCS 505/5) (from Ch. 23, par. 5005)
14 Sec. 5. Direct child welfare services; Department of
15Children and Family Services. To provide direct child welfare
16services when not available through other public or private
17child care or program facilities.
18 (a) For purposes of this Section:
19 (1) "Children" means persons found within the State who
20 are under the age of 18 years. The term also includes
21 persons under age 21 who:
22 (A) were committed to the Department pursuant to
23 the Juvenile Court Act or the Juvenile Court Act of
24 1987, as amended, prior to the age of 18 and who

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

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

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

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

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1 (5) (blank);
2 (6) homemaker service;
3 (7) return of runaway children;
4 (8) (blank);
5 (9) placement under Section 5-7 of the Juvenile Court
6 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
7 Court Act of 1987 in accordance with the federal Adoption
8 Assistance and Child Welfare Act of 1980; and
9 (10) interstate services.
10 Rules and regulations established by the Department shall
11include provisions for training Department staff and the staff
12of Department grantees, through contracts with other agencies
13or resources, in screening techniques to identify substance use
14disorders, as defined in the Substance Use Disorder Act,
15approved by the Department of Human Services, as a successor to
16the Department of Alcoholism and Substance Abuse, for the
17purpose of identifying children and adults who should be
18referred for an assessment at an organization appropriately
19licensed by the Department of Human Services for substance use
20disorder treatment.
21 (h) If the Department finds that there is no appropriate
22program or facility within or available to the Department for a
23youth in care and that no licensed private facility has an
24adequate and appropriate program or none agrees to accept the
25youth in care, the Department shall create an appropriate
26individualized, program-oriented plan for such youth in care.

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1The plan may be developed within the Department or through
2purchase of services by the Department to the extent that it is
3within its statutory authority to do.
4 (i) Service programs shall be available throughout the
5State and shall include but not be limited to the following
6services:
7 (1) case management;
8 (2) homemakers;
9 (3) counseling;
10 (4) parent education;
11 (5) day care; and
12 (6) emergency assistance and advocacy.
13 In addition, the following services may be made available
14to assess and meet the needs of children and families:
15 (1) comprehensive family-based services;
16 (2) assessments;
17 (3) respite care; and
18 (4) in-home health services.
19 The Department shall provide transportation for any of the
20services it makes available to children or families or for
21which it refers children or families.
22 (j) The Department may provide categories of financial
23assistance and education assistance grants, and shall
24establish rules and regulations concerning the assistance and
25grants, to persons who adopt children with physical or mental
26disabilities, children who are older, or other hard-to-place

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1children who (i) immediately prior to their adoption were youth
2in care or (ii) were determined eligible for financial
3assistance with respect to a prior adoption and who become
4available for adoption because the prior adoption has been
5dissolved and the parental rights of the adoptive parents have
6been terminated or because the child's adoptive parents have
7died. The Department may continue to provide financial
8assistance and education assistance grants for a child who was
9determined eligible for financial assistance under this
10subsection (j) in the interim period beginning when the child's
11adoptive parents died and ending with the finalization of the
12new adoption of the child by another adoptive parent or
13parents. The Department may also provide categories of
14financial assistance and education assistance grants, and
15shall establish rules and regulations for the assistance and
16grants, to persons appointed guardian of the person under
17Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
184-25, or 5-740 of the Juvenile Court Act of 1987 for children
19who were youth in care for 12 months immediately prior to the
20appointment of the guardian.
21 The amount of assistance may vary, depending upon the needs
22of the child and the adoptive parents, as set forth in the
23annual assistance agreement. Special purpose grants are
24allowed where the child requires special service but such costs
25may not exceed the amounts which similar services would cost
26the Department if it were to provide or secure them as guardian

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

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1other than those of subdivisions (A), (B), or (B-1) of
2subsection (2) of Section 2-28 of that Act has been set, except
3that reunification services may be offered as provided in
4paragraph (F) of subsection (2) of Section 2-28 of that Act.
5Nothing in this paragraph shall be construed to create a
6private right of action or claim on the part of any individual
7or child welfare agency, except that when a child is the
8subject of an action under Article II of the Juvenile Court Act
9of 1987 and the child's service plan calls for services to
10facilitate achievement of the permanency goal, the court
11hearing the action under Article II of the Juvenile Court Act
12of 1987 may order the Department to provide the services set
13out in the plan, if those services are not provided with
14reasonable promptness and if those services are available.
15 The Department shall notify the child and his family of the
16Department's responsibility to offer and provide family
17preservation services as identified in the service plan. The
18child and his family shall be eligible for services as soon as
19the report is determined to be "indicated". The Department may
20offer services to any child or family with respect to whom a
21report of suspected child abuse or neglect has been filed,
22prior to concluding its investigation under Section 7.12 of the
23Abused and Neglected Child Reporting Act. However, the child's
24or family's willingness to accept services shall not be
25considered in the investigation. The Department may also
26provide services to any child or family who is the subject of

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1any report of suspected child abuse or neglect or may refer
2such child or family to services available from other agencies
3in the community, even if the report is determined to be
4unfounded, if the conditions in the child's or family's home
5are reasonably likely to subject the child or family to future
6reports of suspected child abuse or neglect. Acceptance of such
7services shall be voluntary. The Department may also provide
8services to any child or family after completion of a family
9assessment, as an alternative to an investigation, as provided
10under the "differential response program" provided for in
11subsection (a-5) of Section 7.4 of the Abused and Neglected
12Child Reporting Act.
13 The Department may, at its discretion except for those
14children also adjudicated neglected or dependent, accept for
15care and training any child who has been adjudicated addicted,
16as a truant minor in need of supervision or as a minor
17requiring authoritative intervention, under the Juvenile Court
18Act or the Juvenile Court Act of 1987, but no such child shall
19be committed to the Department by any court without the
20approval of the Department. On and after January 1, 2015 (the
21effective date of Public Act 98-803) and before January 1,
222017, a minor charged with a criminal offense under the
23Criminal Code of 1961 or the Criminal Code of 2012 or
24adjudicated delinquent shall not be placed in the custody of or
25committed to the Department by any court, except (i) a minor
26less than 16 years of age committed to the Department under

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1Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
2for whom an independent basis of abuse, neglect, or dependency
3exists, which must be defined by departmental rule, or (iii) a
4minor for whom the court has granted a supplemental petition to
5reinstate wardship pursuant to subsection (2) of Section 2-33
6of the Juvenile Court Act of 1987. On and after January 1,
72017, a minor charged with a criminal offense under the
8Criminal Code of 1961 or the Criminal Code of 2012 or
9adjudicated delinquent shall not be placed in the custody of or
10committed to the Department by any court, except (i) a minor
11less than 15 years of age committed to the Department under
12Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
13for whom an independent basis of abuse, neglect, or dependency
14exists, which must be defined by departmental rule, or (iii) a
15minor for whom the court has granted a supplemental petition to
16reinstate wardship pursuant to subsection (2) of Section 2-33
17of the Juvenile Court Act of 1987. An independent basis exists
18when the allegations or adjudication of abuse, neglect, or
19dependency do not arise from the same facts, incident, or
20circumstances which give rise to a charge or adjudication of
21delinquency. The Department shall assign a caseworker to attend
22any hearing involving a youth in the care and custody of the
23Department who is placed on aftercare release, including
24hearings involving sanctions for violation of aftercare
25release conditions and aftercare release revocation hearings.
26 As soon as is possible after August 7, 2009 (the effective

HB3850- 33 -LRB101 12868 LNS 61703 b
1date of Public Act 96-134), the Department shall develop and
2implement a special program of family preservation services to
3support intact, foster, and adoptive families who are
4experiencing extreme hardships due to the difficulty and stress
5of caring for a child who has been diagnosed with a pervasive
6developmental disorder if the Department determines that those
7services are necessary to ensure the health and safety of the
8child. The Department may offer services to any family whether
9or not a report has been filed under the Abused and Neglected
10Child Reporting Act. The Department may refer the child or
11family to services available from other agencies in the
12community if the conditions in the child's or family's home are
13reasonably likely to subject the child or family to future
14reports of suspected child abuse or neglect. Acceptance of
15these services shall be voluntary. The Department shall develop
16and implement a public information campaign to alert health and
17social service providers and the general public about these
18special family preservation services. The nature and scope of
19the services offered and the number of families served under
20the special program implemented under this paragraph shall be
21determined by the level of funding that the Department annually
22allocates for this purpose. The term "pervasive developmental
23disorder" under this paragraph means a neurological condition,
24including but not limited to, Asperger's Syndrome and autism,
25as defined in the most recent edition of the Diagnostic and
26Statistical Manual of Mental Disorders of the American

HB3850- 34 -LRB101 12868 LNS 61703 b
1Psychiatric Association.
2 (l-1) The legislature recognizes that the best interests of
3the child require that the child be placed in the most
4permanent living arrangement as soon as is practically
5possible. To achieve this goal, the legislature directs the
6Department of Children and Family Services to conduct
7concurrent planning so that permanency may occur at the
8earliest opportunity. Permanent living arrangements may
9include prevention of placement of a child outside the home of
10the family when the child can be cared for at home without
11endangering the child's health or safety; reunification with
12the family, when safe and appropriate, if temporary placement
13is necessary; or movement of the child toward the most
14permanent living arrangement and permanent legal status.
15 When determining reasonable efforts to be made with respect
16to a child, as described in this subsection, and in making such
17reasonable efforts, the child's health and safety shall be the
18paramount concern.
19 When a child is placed in foster care, the Department shall
20ensure and document that reasonable efforts were made to
21prevent or eliminate the need to remove the child from the
22child's home. The Department must make reasonable efforts to
23reunify the family when temporary placement of the child occurs
24unless otherwise required, pursuant to the Juvenile Court Act
25of 1987. At any time after the dispositional hearing where the
26Department believes that further reunification services would

HB3850- 35 -LRB101 12868 LNS 61703 b
1be ineffective, it may request a finding from the court that
2reasonable efforts are no longer appropriate. The Department is
3not required to provide further reunification services after
4such a finding.
5 A decision to place a child in substitute care shall be
6made with considerations of the child's health, safety, and
7best interests. At the time of placement, consideration should
8also be given so that if reunification fails or is delayed, the
9placement made is the best available placement to provide
10permanency for the child.
11 The Department shall adopt rules addressing concurrent
12planning for reunification and permanency. The Department
13shall consider the following factors when determining
14appropriateness of concurrent planning:
15 (1) the likelihood of prompt reunification;
16 (2) the past history of the family;
17 (3) the barriers to reunification being addressed by
18 the family;
19 (4) the level of cooperation of the family;
20 (5) the foster parents' willingness to work with the
21 family to reunite;
22 (6) the willingness and ability of the foster family to
23 provide an adoptive home or long-term placement;
24 (7) the age of the child;
25 (8) placement of siblings.
26 (m) The Department may assume temporary custody of any

HB3850- 36 -LRB101 12868 LNS 61703 b
1child if:
2 (1) it has received a written consent to such temporary
3 custody signed by the parents of the child or by the parent
4 having custody of the child if the parents are not living
5 together or by the guardian or custodian of the child if
6 the child is not in the custody of either parent, or
7 (2) the child is found in the State and neither a
8 parent, guardian nor custodian of the child can be located.
9If the child is found in his or her residence without a parent,
10guardian, custodian or responsible caretaker, the Department
11may, instead of removing the child and assuming temporary
12custody, place an authorized representative of the Department
13in that residence until such time as a parent, guardian or
14custodian enters the home and expresses a willingness and
15apparent ability to ensure the child's health and safety and
16resume permanent charge of the child, or until a relative
17enters the home and is willing and able to ensure the child's
18health and safety and assume charge of the child until a
19parent, guardian or custodian enters the home and expresses
20such willingness and ability to ensure the child's safety and
21resume permanent charge. After a caretaker has remained in the
22home for a period not to exceed 12 hours, the Department must
23follow those procedures outlined in Section 2-9, 3-11, 4-8, or
245-415 of the Juvenile Court Act of 1987.
25 The Department shall have the authority, responsibilities
26and duties that a legal custodian of the child would have

HB3850- 37 -LRB101 12868 LNS 61703 b
1pursuant to subsection (9) of Section 1-3 of the Juvenile Court
2Act of 1987. Whenever a child is taken into temporary custody
3pursuant to an investigation under the Abused and Neglected
4Child Reporting Act, or pursuant to a referral and acceptance
5under the Juvenile Court Act of 1987 of a minor in limited
6custody, the Department, during the period of temporary custody
7and before the child is brought before a judicial officer as
8required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
9Court Act of 1987, shall have the authority, responsibilities
10and duties that a legal custodian of the child would have under
11subsection (9) of Section 1-3 of the Juvenile Court Act of
121987.
13 The Department shall ensure that any child taken into
14custody is scheduled for an appointment for a medical
15examination.
16 A parent, guardian or custodian of a child in the temporary
17custody of the Department who would have custody of the child
18if he were not in the temporary custody of the Department may
19deliver to the Department a signed request that the Department
20surrender the temporary custody of the child. The Department
21may retain temporary custody of the child for 10 days after the
22receipt of the request, during which period the Department may
23cause to be filed a petition pursuant to the Juvenile Court Act
24of 1987. If a petition is so filed, the Department shall retain
25temporary custody of the child until the court orders
26otherwise. If a petition is not filed within the 10-day period,

HB3850- 38 -LRB101 12868 LNS 61703 b
1the child shall be surrendered to the custody of the requesting
2parent, guardian or custodian not later than the expiration of
3the 10-day period, at which time the authority and duties of
4the Department with respect to the temporary custody of the
5child shall terminate.
6 (m-1) The Department may place children under 18 years of
7age in a secure child care facility licensed by the Department
8that cares for children who are in need of secure living
9arrangements for their health, safety, and well-being after a
10determination is made by the facility director and the Director
11or the Director's designate prior to admission to the facility
12subject to Section 2-27.1 of the Juvenile Court Act of 1987.
13This subsection (m-1) does not apply to a child who is subject
14to placement in a correctional facility operated pursuant to
15Section 3-15-2 of the Unified Code of Corrections, unless the
16child is a youth in care who was placed in the care of the
17Department before being subject to placement in a correctional
18facility and a court of competent jurisdiction has ordered
19placement of the child in a secure care facility.
20 (n) The Department may place children under 18 years of age
21in licensed child care facilities when in the opinion of the
22Department, appropriate services aimed at family preservation
23have been unsuccessful and cannot ensure the child's health and
24safety or are unavailable and such placement would be for their
25best interest. Payment for board, clothing, care, training and
26supervision of any child placed in a licensed child care

HB3850- 39 -LRB101 12868 LNS 61703 b
1facility may be made by the Department, by the parents or
2guardians of the estates of those children, or by both the
3Department and the parents or guardians, except that no
4payments shall be made by the Department for any child placed
5in a licensed child care facility for board, clothing, care,
6training and supervision of such a child that exceed the
7average per capita cost of maintaining and of caring for a
8child in institutions for dependent or neglected children
9operated by the Department. However, such restriction on
10payments does not apply in cases where children require
11specialized care and treatment for problems of severe emotional
12disturbance, physical disability, social adjustment, or any
13combination thereof and suitable facilities for the placement
14of such children are not available at payment rates within the
15limitations set forth in this Section. All reimbursements for
16services delivered shall be absolutely inalienable by
17assignment, sale, attachment, garnishment or otherwise.
18 (n-1) The Department shall provide or authorize child
19welfare services, aimed at assisting minors to achieve
20sustainable self-sufficiency as independent adults, for any
21minor eligible for the reinstatement of wardship pursuant to
22subsection (2) of Section 2-33 of the Juvenile Court Act of
231987, whether or not such reinstatement is sought or allowed,
24provided that the minor consents to such services and has not
25yet attained the age of 21. The Department shall have
26responsibility for the development and delivery of services

HB3850- 40 -LRB101 12868 LNS 61703 b
1under this Section. An eligible youth may access services under
2this Section through the Department of Children and Family
3Services or by referral from the Department of Human Services.
4Youth participating in services under this Section shall
5cooperate with the assigned case manager in developing an
6agreement identifying the services to be provided and how the
7youth will increase skills to achieve self-sufficiency. A
8homeless shelter is not considered appropriate housing for any
9youth receiving child welfare services under this Section. The
10Department shall continue child welfare services under this
11Section to any eligible minor until the minor becomes 21 years
12of age, no longer consents to participate, or achieves
13self-sufficiency as identified in the minor's service plan. The
14Department of Children and Family Services shall create clear,
15readable notice of the rights of former foster youth to child
16welfare services under this Section and how such services may
17be obtained. The Department of Children and Family Services and
18the Department of Human Services shall disseminate this
19information statewide. The Department shall adopt regulations
20describing services intended to assist minors in achieving
21sustainable self-sufficiency as independent adults.
22 (o) The Department shall establish an administrative
23review and appeal process for children and families who request
24or receive child welfare services from the Department. Youth in
25care who are placed by private child welfare agencies, and
26foster families with whom those youth are placed, shall be

HB3850- 41 -LRB101 12868 LNS 61703 b
1afforded the same procedural and appeal rights as children and
2families in the case of placement by the Department, including
3the right to an initial review of a private agency decision by
4that agency. The Department shall ensure that any private child
5welfare agency, which accepts youth in care for placement,
6affords those rights to children and foster families. The
7Department shall accept for administrative review and an appeal
8hearing a complaint made by (i) a child or foster family
9concerning a decision following an initial review by a private
10child welfare agency or (ii) a prospective adoptive parent who
11alleges a violation of subsection (j-5) of this Section. An
12appeal of a decision concerning a change in the placement of a
13child shall be conducted in an expedited manner. A court
14determination that a current foster home placement is necessary
15and appropriate under Section 2-28 of the Juvenile Court Act of
161987 does not constitute a judicial determination on the merits
17of an administrative appeal, filed by a former foster parent,
18involving a change of placement decision.
19 (p) (Blank).
20 (q) The Department may receive and use, in their entirety,
21for the benefit of children any gift, donation or bequest of
22money or other property which is received on behalf of such
23children, or any financial benefits to which such children are
24or may become entitled while under the jurisdiction or care of
25the Department.
26 The Department shall set up and administer no-cost,

HB3850- 42 -LRB101 12868 LNS 61703 b
1interest-bearing accounts in appropriate financial
2institutions for children for whom the Department is legally
3responsible and who have been determined eligible for Veterans'
4Benefits, Social Security benefits, assistance allotments from
5the armed forces, court ordered payments, parental voluntary
6payments, Supplemental Security Income, Railroad Retirement
7payments, Black Lung benefits, or other miscellaneous
8payments. Interest earned by each account shall be credited to
9the account, unless disbursed in accordance with this
10subsection.
11 In disbursing funds from children's accounts, the
12Department shall:
13 (1) Establish standards in accordance with State and
14 federal laws for disbursing money from children's
15 accounts. In all circumstances, the Department's
16 "Guardianship Administrator" or his or her designee must
17 approve disbursements from children's accounts. The
18 Department shall be responsible for keeping complete
19 records of all disbursements for each account for any
20 purpose.
21 (2) Calculate on a monthly basis the amounts paid from
22 State funds for the child's board and care, medical care
23 not covered under Medicaid, and social services; and
24 utilize funds from the child's account, as covered by
25 regulation, to reimburse those costs. Monthly,
26 disbursements from all children's accounts, up to 1/12 of

HB3850- 43 -LRB101 12868 LNS 61703 b
1 $13,000,000, shall be deposited by the Department into the
2 General Revenue Fund and the balance over 1/12 of
3 $13,000,000 into the DCFS Children's Services Fund.
4 (3) Maintain any balance remaining after reimbursing
5 for the child's costs of care, as specified in item (2).
6 The balance shall accumulate in accordance with relevant
7 State and federal laws and shall be disbursed to the child
8 or his or her guardian, or to the issuing agency.
9 (r) The Department shall promulgate regulations
10encouraging all adoption agencies to voluntarily forward to the
11Department or its agent names and addresses of all persons who
12have applied for and have been approved for adoption of a
13hard-to-place child or child with a disability and the names of
14such children who have not been placed for adoption. A list of
15such names and addresses shall be maintained by the Department
16or its agent, and coded lists which maintain the
17confidentiality of the person seeking to adopt the child and of
18the child shall be made available, without charge, to every
19adoption agency in the State to assist the agencies in placing
20such children for adoption. The Department may delegate to an
21agent its duty to maintain and make available such lists. The
22Department shall ensure that such agent maintains the
23confidentiality of the person seeking to adopt the child and of
24the child.
25 (s) The Department of Children and Family Services may
26establish and implement a program to reimburse Department and

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1private child welfare agency foster parents licensed by the
2Department of Children and Family Services for damages
3sustained by the foster parents as a result of the malicious or
4negligent acts of foster children, as well as providing third
5party coverage for such foster parents with regard to actions
6of foster children to other individuals. Such coverage will be
7secondary to the foster parent liability insurance policy, if
8applicable. The program shall be funded through appropriations
9from the General Revenue Fund, specifically designated for such
10purposes.
11 (t) The Department shall perform home studies and
12investigations and shall exercise supervision over visitation
13as ordered by a court pursuant to the Illinois Marriage and
14Dissolution of Marriage Act or the Adoption Act only if:
15 (1) an order entered by an Illinois court specifically
16 directs the Department to perform such services; and
17 (2) the court has ordered one or both of the parties to
18 the proceeding to reimburse the Department for its
19 reasonable costs for providing such services in accordance
20 with Department rules, or has determined that neither party
21 is financially able to pay.
22 The Department shall provide written notification to the
23court of the specific arrangements for supervised visitation
24and projected monthly costs within 60 days of the court order.
25The Department shall send to the court information related to
26the costs incurred except in cases where the court has

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1determined the parties are financially unable to pay. The court
2may order additional periodic reports as appropriate.
3 (u) In addition to other information that must be provided,
4whenever the Department places a child with a prospective
5adoptive parent or parents or in a licensed foster home, group
6home, child care institution, or in a relative home, the
7Department shall provide to the prospective adoptive parent or
8parents or other caretaker:
9 (1) available detailed information concerning the
10 child's educational and health history, copies of
11 immunization records (including insurance and medical card
12 information), a history of the child's previous
13 placements, if any, and reasons for placement changes
14 excluding any information that identifies or reveals the
15 location of any previous caretaker;
16 (2) a copy of the child's portion of the client service
17 plan, including any visitation arrangement, and all
18 amendments or revisions to it as related to the child; and
19 (3) information containing details of the child's
20 individualized educational plan when the child is
21 receiving special education services.
22 The caretaker shall be informed of any known social or
23behavioral information (including, but not limited to,
24criminal background, fire setting, perpetuation of sexual
25abuse, destructive behavior, and substance abuse) necessary to
26care for and safeguard the children to be placed or currently

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1in the home. The Department may prepare a written summary of
2the information required by this paragraph, which may be
3provided to the foster or prospective adoptive parent in
4advance of a placement. The foster or prospective adoptive
5parent may review the supporting documents in the child's file
6in the presence of casework staff. In the case of an emergency
7placement, casework staff shall at least provide known
8information verbally, if necessary, and must subsequently
9provide the information in writing as required by this
10subsection.
11 The information described in this subsection shall be
12provided in writing. In the case of emergency placements when
13time does not allow prior review, preparation, and collection
14of written information, the Department shall provide such
15information as it becomes available. Within 10 business days
16after placement, the Department shall obtain from the
17prospective adoptive parent or parents or other caretaker a
18signed verification of receipt of the information provided.
19Within 10 business days after placement, the Department shall
20provide to the child's guardian ad litem a copy of the
21information provided to the prospective adoptive parent or
22parents or other caretaker. The information provided to the
23prospective adoptive parent or parents or other caretaker shall
24be reviewed and approved regarding accuracy at the supervisory
25level.
26 (u-5) Effective July 1, 1995, only foster care placements

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1licensed as foster family homes pursuant to the Child Care Act
2of 1969 shall be eligible to receive foster care payments from
3the Department. Relative caregivers who, as of July 1, 1995,
4were approved pursuant to approved relative placement rules
5previously promulgated by the Department at 89 Ill. Adm. Code
6335 and had submitted an application for licensure as a foster
7family home may continue to receive foster care payments only
8until the Department determines that they may be licensed as a
9foster family home or that their application for licensure is
10denied or until September 30, 1995, whichever occurs first.
11 (v) The Department shall access criminal history record
12information as defined in the Illinois Uniform Conviction
13Information Act and information maintained in the adjudicatory
14and dispositional record system as defined in Section 2605-355
15of the Department of State Police Law (20 ILCS 2605/2605-355)
16if the Department determines the information is necessary to
17perform its duties under the Abused and Neglected Child
18Reporting Act, the Child Care Act of 1969, and the Children and
19Family Services Act. The Department shall provide for
20interactive computerized communication and processing
21equipment that permits direct on-line communication with the
22Department of State Police's central criminal history data
23repository. The Department shall comply with all certification
24requirements and provide certified operators who have been
25trained by personnel from the Department of State Police. In
26addition, one Office of the Inspector General investigator

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1shall have training in the use of the criminal history
2information access system and have access to the terminal. The
3Department of Children and Family Services and its employees
4shall abide by rules and regulations established by the
5Department of State Police relating to the access and
6dissemination of this information.
7 (v-1) Prior to final approval for placement of a child, the
8Department shall conduct a criminal records background check of
9the prospective foster or adoptive parent, including
10fingerprint-based checks of national crime information
11databases. Final approval for placement shall not be granted if
12the record check reveals a felony conviction for child abuse or
13neglect, for spousal abuse, for a crime against children, or
14for a crime involving violence, including rape, sexual assault,
15or homicide, but not including other physical assault or
16battery, or if there is a felony conviction for physical
17assault, battery, or a drug-related offense committed within
18the past 5 years.
19 (v-2) Prior to final approval for placement of a child, the
20Department shall check its child abuse and neglect registry for
21information concerning prospective foster and adoptive
22parents, and any adult living in the home. If any prospective
23foster or adoptive parent or other adult living in the home has
24resided in another state in the preceding 5 years, the
25Department shall request a check of that other state's child
26abuse and neglect registry.

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1 (w) Within 120 days of August 20, 1995 (the effective date
2of Public Act 89-392), the Department shall prepare and submit
3to the Governor and the General Assembly, a written plan for
4the development of in-state licensed secure child care
5facilities that care for children who are in need of secure
6living arrangements for their health, safety, and well-being.
7For purposes of this subsection, secure care facility shall
8mean a facility that is designed and operated to ensure that
9all entrances and exits from the facility, a building or a
10distinct part of the building, are under the exclusive control
11of the staff of the facility, whether or not the child has the
12freedom of movement within the perimeter of the facility,
13building, or distinct part of the building. The plan shall
14include descriptions of the types of facilities that are needed
15in Illinois; the cost of developing these secure care
16facilities; the estimated number of placements; the potential
17cost savings resulting from the movement of children currently
18out-of-state who are projected to be returned to Illinois; the
19necessary geographic distribution of these facilities in
20Illinois; and a proposed timetable for development of such
21facilities.
22 (x) The Department shall conduct annual credit history
23checks to determine the financial history of children placed
24under its guardianship pursuant to the Juvenile Court Act of
251987. The Department shall conduct such credit checks starting
26when a youth in care turns 12 years old and each year

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1thereafter for the duration of the guardianship as terminated
2pursuant to the Juvenile Court Act of 1987. The Department
3shall determine if financial exploitation of the child's
4personal information has occurred. If financial exploitation
5appears to have taken place or is presently ongoing, the
6Department shall notify the proper law enforcement agency, the
7proper State's Attorney, or the Attorney General.
8 (y) Beginning on July 22, 2010 (the effective date of
9Public Act 96-1189), a child with a disability who receives
10residential and educational services from the Department shall
11be eligible to receive transition services in accordance with
12Article 14 of the School Code from the age of 14.5 through age
1321, inclusive, notwithstanding the child's residential
14services arrangement. For purposes of this subsection, "child
15with a disability" means a child with a disability as defined
16by the federal Individuals with Disabilities Education
17Improvement Act of 2004.
18 (z) The Department shall access criminal history record
19information as defined as "background information" in this
20subsection and criminal history record information as defined
21in the Illinois Uniform Conviction Information Act for each
22Department employee or Department applicant. Each Department
23employee or Department applicant shall submit his or her
24fingerprints to the Department of State Police in the form and
25manner prescribed by the Department of State Police. These
26fingerprints shall be checked against the fingerprint records

HB3850- 51 -LRB101 12868 LNS 61703 b
1now and hereafter filed in the Department of State Police and
2the Federal Bureau of Investigation criminal history records
3databases. The Department of State Police shall charge a fee
4for conducting the criminal history record check, which shall
5be deposited into the State Police Services Fund and shall not
6exceed the actual cost of the record check. The Department of
7State Police shall furnish, pursuant to positive
8identification, all Illinois conviction information to the
9Department of Children and Family Services.
10 For purposes of this subsection:
11 "Background information" means all of the following:
12 (i) Upon the request of the Department of Children and
13 Family Services, conviction information obtained from the
14 Department of State Police as a result of a
15 fingerprint-based criminal history records check of the
16 Illinois criminal history records database and the Federal
17 Bureau of Investigation criminal history records database
18 concerning a Department employee or Department applicant.
19 (ii) Information obtained by the Department of
20 Children and Family Services after performing a check of
21 the Department of State Police's Sex Offender Database, as
22 authorized by Section 120 of the Sex Offender Community
23 Notification Law, concerning a Department employee or
24 Department applicant.
25 (iii) Information obtained by the Department of
26 Children and Family Services after performing a check of

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1 the Child Abuse and Neglect Tracking System (CANTS)
2 operated and maintained by the Department.
3 "Department employee" means a full-time or temporary
4employee coded or certified within the State of Illinois
5Personnel System.
6 "Department applicant" means an individual who has
7conditional Department full-time or part-time work, a
8contractor, an individual used to replace or supplement staff,
9an academic intern, a volunteer in Department offices or on
10Department contracts, a work-study student, an individual or
11entity licensed by the Department, or an unlicensed service
12provider who works as a condition of a contract or an agreement
13and whose work may bring the unlicensed service provider into
14contact with Department clients or client records.
15(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
16100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
171-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
1810-3-18; 101-13, eff. 6-12-19.)
19 Section 615. The Freedom of Information Act is amended by
20changing Section 7.5 as follows:
21 (5 ILCS 140/7.5)
22 Sec. 7.5. Statutory exemptions. To the extent provided for
23by the statutes referenced below, the following shall be exempt
24from inspection and copying:

HB3850- 53 -LRB101 12868 LNS 61703 b
1 (a) All information determined to be confidential
2 under Section 4002 of the Technology Advancement and
3 Development Act.
4 (b) Library circulation and order records identifying
5 library users with specific materials under the Library
6 Records Confidentiality Act.
7 (c) Applications, related documents, and medical
8 records received by the Experimental Organ Transplantation
9 Procedures Board and any and all documents or other records
10 prepared by the Experimental Organ Transplantation
11 Procedures Board or its staff relating to applications it
12 has received.
13 (d) Information and records held by the Department of
14 Public Health and its authorized representatives relating
15 to known or suspected cases of sexually transmissible
16 disease or any information the disclosure of which is
17 restricted under the Illinois Sexually Transmissible
18 Disease Control Act.
19 (e) Information the disclosure of which is exempted
20 under Section 30 of the Radon Industry Licensing Act.
21 (f) Firm performance evaluations under Section 55 of
22 the Architectural, Engineering, and Land Surveying
23 Qualifications Based Selection Act.
24 (g) Information the disclosure of which is restricted
25 and exempted under Section 50 of the Illinois Prepaid
26 Tuition Act.

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1 (h) Information the disclosure of which is exempted
2 under the State Officials and Employees Ethics Act, and
3 records of any lawfully created State or local inspector
4 general's office that would be exempt if created or
5 obtained by an Executive Inspector General's office under
6 that Act.
7 (i) Information contained in a local emergency energy
8 plan submitted to a municipality in accordance with a local
9 emergency energy plan ordinance that is adopted under
10 Section 11-21.5-5 of the Illinois Municipal Code.
11 (j) Information and data concerning the distribution
12 of surcharge moneys collected and remitted by carriers
13 under the Emergency Telephone System Act.
14 (k) Law enforcement officer identification information
15 or driver identification information compiled by a law
16 enforcement agency or the Department of Transportation
17 under Section 11-212 of the Illinois Vehicle Code.
18 (l) Records and information provided to a residential
19 health care facility resident sexual assault and death
20 review team or the Executive Council under the Abuse
21 Prevention Review Team Act.
22 (m) Information provided to the predatory lending
23 database created pursuant to Article 3 of the Residential
24 Real Property Disclosure Act, except to the extent
25 authorized under that Article.
26 (n) Defense budgets and petitions for certification of

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1 compensation and expenses for court appointed trial
2 counsel as provided under Sections 10 and 15 of the Capital
3 Crimes Litigation Act. This subsection (n) shall apply
4 until the conclusion of the trial of the case, even if the
5 prosecution chooses not to pursue the death penalty prior
6 to trial or sentencing.
7 (o) Information that is prohibited from being
8 disclosed under Section 4 of the Illinois Health and
9 Hazardous Substances Registry Act.
10 (p) Security portions of system safety program plans,
11 investigation reports, surveys, schedules, lists, data, or
12 information compiled, collected, or prepared by or for the
13 Regional Transportation Authority under Section 2.11 of
14 the Regional Transportation Authority Act or the St. Clair
15 County Transit District under the Bi-State Transit Safety
16 Act.
17 (q) Information prohibited from being disclosed by the
18 Personnel Record Records Review Act.
19 (r) Information prohibited from being disclosed by the
20 Illinois School Student Records Act.
21 (s) Information the disclosure of which is restricted
22 under Section 5-108 of the Public Utilities Act.
23 (t) All identified or deidentified health information
24 in the form of health data or medical records contained in,
25 stored in, submitted to, transferred by, or released from
26 the Illinois Health Information Exchange, and identified

HB3850- 56 -LRB101 12868 LNS 61703 b
1 or deidentified health information in the form of health
2 data and medical records of the Illinois Health Information
3 Exchange in the possession of the Illinois Health
4 Information Exchange Authority due to its administration
5 of the Illinois Health Information Exchange. The terms
6 "identified" and "deidentified" shall be given the same
7 meaning as in the Health Insurance Portability and
8 Accountability Act of 1996, Public Law 104-191, or any
9 subsequent amendments thereto, and any regulations
10 promulgated thereunder.
11 (u) Records and information provided to an independent
12 team of experts under the Developmental Disability and
13 Mental Health Safety Act (also known as Brian's Law).
14 (v) Names and information of people who have applied
15 for or received Firearm Owner's Identification Cards under
16 the Firearm Owners Identification Card Act or applied for
17 or received a concealed carry license under the Firearm
18 Concealed Carry Act, unless otherwise authorized by the
19 Firearm Concealed Carry Act; and databases under the
20 Firearm Concealed Carry Act, records of the Concealed Carry
21 Licensing Review Board under the Firearm Concealed Carry
22 Act, and law enforcement agency objections under the
23 Firearm Concealed Carry Act.
24 (w) Personally identifiable information which is
25 exempted from disclosure under subsection (g) of Section
26 19.1 of the Toll Highway Act.

HB3850- 57 -LRB101 12868 LNS 61703 b
1 (x) Information which is exempted from disclosure
2 under Section 5-1014.3 of the Counties Code or Section
3 8-11-21 of the Illinois Municipal Code.
4 (y) Confidential information under the Adult
5 Protective Services Act and its predecessor enabling
6 statute, the Elder Abuse and Neglect Act, including
7 information about the identity and administrative finding
8 against any caregiver of a verified and substantiated
9 decision of abuse, neglect, or financial exploitation of an
10 eligible adult maintained in the Registry established
11 under Section 7.5 of the Adult Protective Services Act.
12 (z) Records and information provided to a fatality
13 review team or the Illinois Fatality Review Team Advisory
14 Council under Section 15 of the Adult Protective Services
15 Act.
16 (aa) Information which is exempted from disclosure
17 under Section 2.37 of the Wildlife Code.
18 (bb) Information which is or was prohibited from
19 disclosure by the Juvenile Court Act of 1987.
20 (cc) Recordings made under the Law Enforcement
21 Officer-Worn Body Camera Act, except to the extent
22 authorized under that Act.
23 (dd) Information that is prohibited from being
24 disclosed under Section 45 of the Condominium and Common
25 Interest Community Ombudsperson Act.
26 (ee) Information that is exempted from disclosure

HB3850- 58 -LRB101 12868 LNS 61703 b
1 under Section 30.1 of the Pharmacy Practice Act.
2 (ff) Information that is exempted from disclosure
3 under the Revised Uniform Unclaimed Property Act.
4 (gg) Information that is prohibited from being
5 disclosed under Section 7-603.5 of the Illinois Vehicle
6 Code.
7 (hh) Records that are exempt from disclosure under
8 Section 1A-16.7 of the Election Code.
9 (ii) Information which is exempted from disclosure
10 under Section 2505-800 of the Department of Revenue Law of
11 the Civil Administrative Code of Illinois.
12 (jj) Information and reports that are required to be
13 submitted to the Department of Labor by registering day and
14 temporary labor service agencies but are exempt from
15 disclosure under subsection (a-1) of Section 45 of the Day
16 and Temporary Labor Services Act.
17 (kk) Information prohibited from disclosure under the
18 Seizure and Forfeiture Reporting Act.
19 (ll) Information the disclosure of which is restricted
20 and exempted under Section 5-30.8 of the Illinois Public
21 Aid Code.
22 (mm) (ll) Records that are exempt from disclosure under
23 Section 4.2 of the Crime Victims Compensation Act.
24 (nn) (ll) Information that is exempt from disclosure
25 under Section 70 of the Higher Education Student Assistance
26 Act.

HB3850- 59 -LRB101 12868 LNS 61703 b
1 (oo) Information and records held by the Department of
2 Public Health and its authorized representatives collected
3 under the Reproductive Health Act.
4(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
5eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
7100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
88-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
9eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
10100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
1110-12-18; 101-13, eff. 6-12-19.)
12 Section 620. The Counties Code is amended by changing
13Section 3-3013 as follows:
14 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
15 Sec. 3-3013. Preliminary investigations; blood and urine
16analysis; summoning jury; reports. Every coroner, whenever, as
17soon as he knows or is informed that the dead body of any
18person is found, or lying within his county, whose death is
19suspected of being:
20 (a) A sudden or violent death, whether apparently
21 suicidal, homicidal or accidental, including but not
22 limited to deaths apparently caused or contributed to by
23 thermal, traumatic, chemical, electrical or radiational
24 injury, or a complication of any of them, or by drowning or

HB3850- 60 -LRB101 12868 LNS 61703 b
1 suffocation, or as a result of domestic violence as defined
2 in the Illinois Domestic Violence Act of 1986;
3 (b) A maternal or fetal death due to abortion, or any
4 death due to a sex crime or a crime against nature;
5 (c) A death where the circumstances are suspicious,
6 obscure, mysterious or otherwise unexplained or where, in
7 the written opinion of the attending physician, the cause
8 of death is not determined;
9 (d) A death where addiction to alcohol or to any drug
10 may have been a contributory cause; or
11 (e) A death where the decedent was not attended by a
12 licensed physician;
13shall go to the place where the dead body is, and take charge
14of the same and shall make a preliminary investigation into the
15circumstances of the death. In the case of death without
16attendance by a licensed physician the body may be moved with
17the coroner's consent from the place of death to a mortuary in
18the same county. Coroners in their discretion shall notify such
19physician as is designated in accordance with Section 3-3014 to
20attempt to ascertain the cause of death, either by autopsy or
21otherwise.
22 In cases of accidental death involving a motor vehicle in
23which the decedent was (1) the operator or a suspected operator
24of a motor vehicle, or (2) a pedestrian 16 years of age or
25older, the coroner shall require that a blood specimen of at
26least 30 cc., and if medically possible a urine specimen of at

HB3850- 61 -LRB101 12868 LNS 61703 b
1least 30 cc. or as much as possible up to 30 cc., be withdrawn
2from the body of the decedent in a timely fashion after the
3accident causing his death, by such physician as has been
4designated in accordance with Section 3-3014, or by the coroner
5or deputy coroner or a qualified person designated by such
6physician, coroner, or deputy coroner. If the county does not
7maintain laboratory facilities for making such analysis, the
8blood and urine so drawn shall be sent to the Department of
9State Police or any other accredited or State-certified
10laboratory for analysis of the alcohol, carbon monoxide, and
11dangerous or narcotic drug content of such blood and urine
12specimens. Each specimen submitted shall be accompanied by
13pertinent information concerning the decedent upon a form
14prescribed by such laboratory. Any person drawing blood and
15urine and any person making any examination of the blood and
16urine under the terms of this Division shall be immune from all
17liability, civil or criminal, that might otherwise be incurred
18or imposed.
19 In all other cases coming within the jurisdiction of the
20coroner and referred to in subparagraphs (a) through (e) above,
21blood, and whenever possible, urine samples shall be analyzed
22for the presence of alcohol and other drugs. When the coroner
23suspects that drugs may have been involved in the death, either
24directly or indirectly, a toxicological examination shall be
25performed which may include analyses of blood, urine, bile,
26gastric contents and other tissues. When the coroner suspects a

HB3850- 62 -LRB101 12868 LNS 61703 b
1death is due to toxic substances, other than drugs, the coroner
2shall consult with the toxicologist prior to collection of
3samples. Information submitted to the toxicologist shall
4include information as to height, weight, age, sex and race of
5the decedent as well as medical history, medications used by
6and the manner of death of decedent.
7 When the coroner or medical examiner finds that the cause
8of death is due to homicidal means, the coroner or medical
9examiner shall cause blood and buccal specimens (tissue may be
10submitted if no uncontaminated blood or buccal specimen can be
11obtained), whenever possible, to be withdrawn from the body of
12the decedent in a timely fashion. For proper preservation of
13the specimens, collected blood and buccal specimens shall be
14dried and tissue specimens shall be frozen if available
15equipment exists. As soon as possible, but no later than 30
16days after the collection of the specimens, the coroner or
17medical examiner shall release those specimens to the police
18agency responsible for investigating the death. As soon as
19possible, but no later than 30 days after the receipt from the
20coroner or medical examiner, the police agency shall submit the
21specimens using the agency case number to a National DNA Index
22System (NDIS) participating laboratory within this State, such
23as the Illinois Department of State Police, Division of
24Forensic Services, for analysis and categorizing into genetic
25marker groupings. The results of the analysis and categorizing
26into genetic marker groupings shall be provided to the Illinois

HB3850- 63 -LRB101 12868 LNS 61703 b
1Department of State Police and shall be maintained by the
2Illinois Department of State Police in the State central
3repository in the same manner, and subject to the same
4conditions, as provided in Section 5-4-3 of the Unified Code of
5Corrections. The requirements of this paragraph are in addition
6to any other findings, specimens, or information that the
7coroner or medical examiner is required to provide during the
8conduct of a criminal investigation.
9 In all counties, in cases of apparent suicide, homicide, or
10accidental death or in other cases, within the discretion of
11the coroner, the coroner may summon 8 persons of lawful age
12from those persons drawn for petit jurors in the county. The
13summons shall command these persons to present themselves
14personally at such a place and time as the coroner shall
15determine, and may be in any form which the coroner shall
16determine and may incorporate any reasonable form of request
17for acknowledgement which the coroner deems practical and
18provides a reliable proof of service. The summons may be served
19by first class mail. From the 8 persons so summoned, the
20coroner shall select 6 to serve as the jury for the inquest.
21Inquests may be continued from time to time, as the coroner may
22deem necessary. The 6 jurors selected in a given case may view
23the body of the deceased. If at any continuation of an inquest
24one or more of the original jurors shall be unable to continue
25to serve, the coroner shall fill the vacancy or vacancies. A
26juror serving pursuant to this paragraph shall receive

HB3850- 64 -LRB101 12868 LNS 61703 b
1compensation from the county at the same rate as the rate of
2compensation that is paid to petit or grand jurors in the
3county. The coroner shall furnish to each juror without fee at
4the time of his discharge a certificate of the number of days
5in attendance at an inquest, and, upon being presented with
6such certificate, the county treasurer shall pay to the juror
7the sum provided for his services.
8 In counties which have a jury commission, in cases of
9apparent suicide or homicide or of accidental death, the
10coroner may conduct an inquest. The jury commission shall
11provide at least 8 jurors to the coroner, from whom the coroner
12shall select any 6 to serve as the jury for the inquest.
13Inquests may be continued from time to time as the coroner may
14deem necessary. The 6 jurors originally chosen in a given case
15may view the body of the deceased. If at any continuation of an
16inquest one or more of the 6 jurors originally chosen shall be
17unable to continue to serve, the coroner shall fill the vacancy
18or vacancies. At the coroner's discretion, additional jurors to
19fill such vacancies shall be supplied by the jury commission. A
20juror serving pursuant to this paragraph in such county shall
21receive compensation from the county at the same rate as the
22rate of compensation that is paid to petit or grand jurors in
23the county.
24 In every case in which a fire is determined to be a
25contributing factor in a death, the coroner shall report the
26death to the Office of the State Fire Marshal. The coroner

HB3850- 65 -LRB101 12868 LNS 61703 b
1shall provide a copy of the death certificate (i) within 30
2days after filing the permanent death certificate and (ii) in a
3manner that is agreed upon by the coroner and the State Fire
4Marshal.
5 In every case in which a drug overdose is determined to be
6the cause or a contributing factor in the death, the coroner or
7medical examiner shall report the death to the Department of
8Public Health. The Department of Public Health shall adopt
9rules regarding specific information that must be reported in
10the event of such a death. If possible, the coroner shall
11report the cause of the overdose. As used in this Section,
12"overdose" has the same meaning as it does in Section 414 of
13the Illinois Controlled Substances Act. The Department of
14Public Health shall issue a semiannual report to the General
15Assembly summarizing the reports received. The Department
16shall also provide on its website a monthly report of overdose
17death figures organized by location, age, and any other
18factors, the Department deems appropriate.
19 In addition, in every case in which domestic violence is
20determined to be a contributing factor in a death, the coroner
21shall report the death to the Department of State Police.
22 All deaths in State institutions and all deaths of wards of
23the State or youth in care as defined in Section 4d of the
24Children and Family Services Act in private care facilities or
25in programs funded by the Department of Human Services under
26its powers relating to mental health and developmental

HB3850- 66 -LRB101 12868 LNS 61703 b
1disabilities or alcoholism and substance abuse or funded by the
2Department of Children and Family Services shall be reported to
3the coroner of the county in which the facility is located. If
4the coroner has reason to believe that an investigation is
5needed to determine whether the death was caused by
6maltreatment or negligent care of the ward of the State or
7youth in care as defined in Section 4d of the Children and
8Family Services Act, the coroner may conduct a preliminary
9investigation of the circumstances of such death as in cases of
10death under circumstances set forth in paragraphs (a) through
11(e) of this Section.
12(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
13eff. 7-28-16; 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
14 Section 625. The Ambulatory Surgical Treatment Center Act
15is amended by changing Section 2, and 3 as follows:
16 (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
17 Sec. 2. It is declared to be the public policy that the
18State has a legitimate interest in assuring that all medical
19procedures, including abortions, are performed under
20circumstances that insure maximum safety. Therefore, the
21purpose of this Act is to provide for the better protection of
22the public health through the development, establishment, and
23enforcement of standards (1) for the care of individuals in
24ambulatory surgical treatment centers, and (2) for the

HB3850- 67 -LRB101 12868 LNS 61703 b
1construction, maintenance and operation of ambulatory surgical
2treatment centers, which, in light of advancing knowledge, will
3promote safe and adequate treatment of such individuals in
4ambulatory surgical treatment centers.
5(Source: P.A. 101-13, eff. 6-12-19.)
6 (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
7 Sec. 3. As used in this Act, unless the context otherwise
8requires, the following words and phrases shall have the
9meanings ascribed to them:
10 (A) "Ambulatory surgical treatment center" means any
11institution, place or building devoted primarily to the
12maintenance and operation of facilities for the performance of
13surgical procedures. "Ambulatory surgical treatment center"
14includes any place that meets and complies with the definition
15of an ambulatory surgical treatment center under the rules
16adopted by the Department or any facility in which a medical or
17surgical procedure is utilized to terminate a pregnancy,
18irrespective of whether the facility is devoted primarily to
19this purpose. Such facility shall not provide beds or other
20accommodations for the overnight stay of patients; however,
21facilities devoted exclusively to the treatment of children may
22provide accommodations and beds for their patients for up to 23
23hours following admission. Individual patients shall be
24discharged in an ambulatory condition without danger to the
25continued well being of the patients or shall be transferred to

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1a hospital.
2 The term "ambulatory surgical treatment center" does not
3include any of the following:
4 (1) Any institution, place, building or agency
5 required to be licensed pursuant to the "Hospital Licensing
6 Act", approved July 1, 1953, as amended.
7 (2) Any person or institution required to be licensed
8 pursuant to the Nursing Home Care Act, the Specialized
9 Mental Health Rehabilitation Act of 2013, the ID/DD
10 Community Care Act, or the MC/DD Act.
11 (3) Hospitals or ambulatory surgical treatment centers
12 maintained by the State or any department or agency
13 thereof, where such department or agency has authority
14 under law to establish and enforce standards for the
15 hospitals or ambulatory surgical treatment centers under
16 its management and control.
17 (4) Hospitals or ambulatory surgical treatment centers
18 maintained by the Federal Government or agencies thereof.
19 (5) Any place, agency, clinic, or practice, public or
20 private, whether organized for profit or not, devoted
21 exclusively to the performance of dental or oral surgical
22 procedures.
23 (6) Any facility in which the performance of abortion
24 procedures, including procedures to terminate a pregnancy
25 or to manage pregnancy loss, is limited to those performed
26 without general, epidural, or spinal anesthesia, and which

HB3850- 69 -LRB101 12868 LNS 61703 b
1 is not otherwise required to be an ambulatory surgical
2 treatment center. For purposes of this paragraph,
3 "general, epidural, or spinal anesthesia" does not include
4 local anesthesia or intravenous sedation. Nothing in this
5 paragraph shall be construed to limit any such facility
6 from voluntarily electing to apply for licensure as an
7 ambulatory surgical treatment center.
8 (B) "Person" means any individual, firm, partnership,
9corporation, company, association, or joint stock association,
10or the legal successor thereof.
11 (C) "Department" means the Department of Public Health of
12the State of Illinois.
13 (D) "Director" means the Director of the Department of
14Public Health of the State of Illinois.
15 (E) "Physician" means a person licensed to practice
16medicine in all of its branches in the State of Illinois.
17 (F) "Dentist" means a person licensed to practice dentistry
18under the Illinois Dental Practice Act.
19 (G) "Podiatric physician" means a person licensed to
20practice podiatry under the Podiatric Medical Practice Act of
211987.
22(Source: P.A. 101-13, eff. 6-12-19.)
23 Section 630. The Illinois Insurance Code is amended by
24changing Section 356z.4 and adding 356z.4a as follows:

HB3850- 70 -LRB101 12868 LNS 61703 b
1 (215 ILCS 5/356z.4)
2 Sec. 356z.4. Coverage for contraceptives.
3 (a)(1) The General Assembly hereby finds and declares all
4of the following:
5 (A) Illinois has a long history of expanding timely
6 access to birth control to prevent unintended pregnancy.
7 (B) The federal Patient Protection and Affordable Care
8 Act includes a contraceptive coverage guarantee as part of
9 a broader requirement for health insurance to cover key
10 preventive care services without out-of-pocket costs for
11 patients.
12 (C) The General Assembly intends to build on existing
13 State and federal law to promote gender equity and women's
14 health and to ensure greater contraceptive coverage equity
15 and timely access to all federal Food and Drug
16 Administration approved methods of birth control for all
17 individuals covered by an individual or group health
18 insurance policy in Illinois.
19 (D) Medical management techniques such as denials,
20 step therapy, or prior authorization in public and private
21 health care coverage can impede access to the most
22 effective contraceptive methods.
23 (2) As used in this subsection (a):
24 "Contraceptive services" includes consultations,
25examinations, procedures, and medical services related to the
26use of contraceptive methods (including natural family

HB3850- 71 -LRB101 12868 LNS 61703 b
1planning) to prevent an unintended pregnancy.
2 "Medical necessity", for the purposes of this subsection
3(a), includes, but is not limited to, considerations such as
4severity of side effects, differences in permanence and
5reversibility of contraceptive, and ability to adhere to the
6appropriate use of the item or service, as determined by the
7attending provider.
8 "Therapeutic equivalent version" means drugs, devices, or
9products that can be expected to have the same clinical effect
10and safety profile when administered to patients under the
11conditions specified in the labeling and satisfy the following
12general criteria:
13 (i) they are approved as safe and effective;
14 (ii) they are pharmaceutical equivalents in that they
15 (A) contain identical amounts of the same active drug
16 ingredient in the same dosage form and route of
17 administration and (B) meet compendial or other applicable
18 standards of strength, quality, purity, and identity;
19 (iii) they are bioequivalent in that (A) they do not
20 present a known or potential bioequivalence problem and
21 they meet an acceptable in vitro standard or (B) if they do
22 present such a known or potential problem, they are shown
23 to meet an appropriate bioequivalence standard;
24 (iv) they are adequately labeled; and
25 (v) they are manufactured in compliance with Current
26 Good Manufacturing Practice regulations.

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1 (3) An individual or group policy of accident and health
2insurance amended, delivered, issued, or renewed in this State
3after the effective date of this amendatory Act of the 99th
4General Assembly shall provide coverage for all of the
5following services and contraceptive methods:
6 (A) All contraceptive drugs, devices, and other
7 products approved by the United States Food and Drug
8 Administration. This includes all over-the-counter
9 contraceptive drugs, devices, and products approved by the
10 United States Food and Drug Administration, excluding male
11 condoms. The following apply:
12 (i) If the United States Food and Drug
13 Administration has approved one or more therapeutic
14 equivalent versions of a contraceptive drug, device,
15 or product, a policy is not required to include all
16 such therapeutic equivalent versions in its formulary,
17 so long as at least one is included and covered without
18 cost-sharing and in accordance with this Section.
19 (ii) If an individual's attending provider
20 recommends a particular service or item approved by the
21 United States Food and Drug Administration based on a
22 determination of medical necessity with respect to
23 that individual, the plan or issuer must cover that
24 service or item without cost sharing. The plan or
25 issuer must defer to the determination of the attending
26 provider.

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1 (iii) If a drug, device, or product is not covered,
2 plans and issuers must have an easily accessible,
3 transparent, and sufficiently expedient process that
4 is not unduly burdensome on the individual or a
5 provider or other individual acting as a patient's
6 authorized representative to ensure coverage without
7 cost sharing.
8 (iv) This coverage must provide for the dispensing
9 of 12 months' worth of contraception at one time.
10 (B) Voluntary sterilization procedures.
11 (C) Contraceptive services, patient education, and
12 counseling on contraception.
13 (D) Follow-up services related to the drugs, devices,
14 products, and procedures covered under this Section,
15 including, but not limited to, management of side effects,
16 counseling for continued adherence, and device insertion
17 and removal.
18 (4) Except as otherwise provided in this subsection (a), a
19policy subject to this subsection (a) shall not impose a
20deductible, coinsurance, copayment, or any other cost-sharing
21requirement on the coverage provided. The provisions of this
22paragraph do not apply to coverage of voluntary male
23sterilization procedures to the extent such coverage would
24disqualify a high-deductible health plan from eligibility for a
25health savings account pursuant to the federal Internal Revenue
26Code, 26 U.S.C. 223.

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1 (5) Except as otherwise authorized under this subsection
2(a), a policy shall not impose any restrictions or delays on
3the coverage required under this subsection (a).
4 (6) If, at any time, the Secretary of the United States
5Department of Health and Human Services, or its successor
6agency, promulgates rules or regulations to be published in the
7Federal Register or publishes a comment in the Federal Register
8or issues an opinion, guidance, or other action that would
9require the State, pursuant to any provision of the Patient
10Protection and Affordable Care Act (Public Law 111-148),
11including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
12successor provision, to defray the cost of any coverage
13outlined in this subsection (a), then this subsection (a) is
14inoperative with respect to all coverage outlined in this
15subsection (a) other than that authorized under Section 1902 of
16the Social Security Act, 42 U.S.C. 1396a, and the State shall
17not assume any obligation for the cost of the coverage set
18forth in this subsection (a).
19 (b) This subsection (b) shall become operative if and only
20if subsection (a) becomes inoperative.
21 An individual or group policy of accident and health
22insurance amended, delivered, issued, or renewed in this State
23after the date this subsection (b) becomes operative that
24provides coverage for outpatient services and outpatient
25prescription drugs or devices must provide coverage for the
26insured and any dependent of the insured covered by the policy

HB3850- 75 -LRB101 12868 LNS 61703 b
1for all outpatient contraceptive services and all outpatient
2contraceptive drugs and devices approved by the Food and Drug
3Administration. Coverage required under this Section may not
4impose any deductible, coinsurance, waiting period, or other
5cost-sharing or limitation that is greater than that required
6for any outpatient service or outpatient prescription drug or
7device otherwise covered by the policy.
8 Nothing in this subsection (b) shall be construed to
9require an insurance company to cover services related to
10permanent sterilization that requires a surgical procedure.
11 As used in this subsection (b), "outpatient contraceptive
12service" means consultations, examinations, procedures, and
13medical services, provided on an outpatient basis and related
14to the use of contraceptive methods (including natural family
15planning) to prevent an unintended pregnancy.
16 (c) (Blank). Nothing in this Section shall be construed to
17require an insurance company to cover services related to an
18abortion as the term "abortion" is defined in the Illinois
19Abortion Law of 2019.
20 (d) If a plan or issuer utilizes a network of providers,
21nothing in this Section shall be construed to require coverage
22or to prohibit the plan or issuer from imposing cost-sharing
23for items or services described in this Section that are
24provided or delivered by an out-of-network provider, unless the
25plan or issuer does not have in its network a provider who is
26able to or is willing to provide the applicable items or

HB3850- 76 -LRB101 12868 LNS 61703 b
1services.
2(Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19;
3101-13, eff. 6-12-19.)
4 (215 ILCS 5/356z.4a rep.)
5 Section 632. The Illinois Insurance Code is amended by
6repealing Section 356z.4a.
7 Section 635. The Health Maintenance Organization Act is
8amended by changing Section 5-3 as follows:
9 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
10 Sec. 5-3. Insurance Code provisions.
11 (a) Health Maintenance Organizations shall be subject to
12the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
13141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
14154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
15355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
16356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
17356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
18356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
19364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
20368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,
21409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
22Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
23XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.

HB3850- 77 -LRB101 12868 LNS 61703 b
1 (b) For purposes of the Illinois Insurance Code, except for
2Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
3Maintenance Organizations in the following categories are
4deemed to be "domestic companies":
5 (1) a corporation authorized under the Dental Service
6 Plan Act or the Voluntary Health Services Plans Act;
7 (2) a corporation organized under the laws of this
8 State; or
9 (3) 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 (c) In considering the merger, consolidation, or other
16acquisition of control of a Health Maintenance Organization
17pursuant to Article VIII 1/2 of the Illinois Insurance Code,
18 (1) the Director shall give primary consideration to
19 the continuation of benefits to enrollees and the financial
20 conditions of the acquired Health Maintenance Organization
21 after the merger, consolidation, or other acquisition of
22 control takes effect;
23 (2)(i) the criteria specified in subsection (1)(b) of
24 Section 131.8 of the Illinois Insurance Code shall not
25 apply and (ii) the Director, in making his determination
26 with respect to the merger, consolidation, or other

HB3850- 78 -LRB101 12868 LNS 61703 b
1 acquisition of control, need not take into account the
2 effect on competition of the merger, consolidation, or
3 other acquisition of control;
4 (3) the Director shall have the power to require the
5 following information:
6 (A) certification by an independent actuary of the
7 adequacy of the reserves of the Health Maintenance
8 Organization sought to be acquired;
9 (B) pro forma financial statements reflecting the
10 combined balance sheets of the acquiring company and
11 the Health Maintenance Organization sought to be
12 acquired as of the end of the preceding year and as of
13 a date 90 days prior to the acquisition, as well as pro
14 forma financial statements reflecting projected
15 combined operation for a period of 2 years;
16 (C) a pro forma business plan detailing an
17 acquiring party's plans with respect to the operation
18 of the Health Maintenance Organization sought to be
19 acquired for a period of not less than 3 years; and
20 (D) such other information as the Director shall
21 require.
22 (d) The provisions of Article VIII 1/2 of the Illinois
23Insurance Code and this Section 5-3 shall apply to the sale by
24any health maintenance organization of greater than 10% of its
25enrollee population (including without limitation the health
26maintenance organization's right, title, and interest in and to

HB3850- 79 -LRB101 12868 LNS 61703 b
1its health care certificates).
2 (e) In considering any management contract or service
3agreement subject to Section 141.1 of the Illinois Insurance
4Code, the Director (i) shall, in addition to the criteria
5specified in Section 141.2 of the Illinois Insurance Code, take
6into account the effect of the management contract or service
7agreement on the continuation of benefits to enrollees and the
8financial condition of the health maintenance organization to
9be managed or serviced, and (ii) need not take into account the
10effect of the management contract or service agreement on
11competition.
12 (f) Except for small employer groups as defined in the
13Small Employer Rating, Renewability and Portability Health
14Insurance Act and except for medicare supplement policies as
15defined in Section 363 of the Illinois Insurance Code, a Health
16Maintenance Organization may by contract agree with a group or
17other enrollment unit to effect refunds or charge additional
18premiums under the following terms and conditions:
19 (i) the amount of, and other terms and conditions with
20 respect to, the refund or additional premium are set forth
21 in the group or enrollment unit contract agreed in advance
22 of the period for which a refund is to be paid or
23 additional premium is to be charged (which period shall not
24 be less than one year); and
25 (ii) the amount of the refund or additional premium
26 shall not exceed 20% of the Health Maintenance

HB3850- 80 -LRB101 12868 LNS 61703 b
1 Organization's profitable or unprofitable experience with
2 respect to the group or other enrollment unit for the
3 period (and, for purposes of a refund or additional
4 premium, the profitable or unprofitable experience shall
5 be calculated taking into account a pro rata share of the
6 Health Maintenance Organization's administrative and
7 marketing expenses, but shall not include any refund to be
8 made or additional premium to be paid pursuant to this
9 subsection (f)). The Health Maintenance Organization and
10 the group or enrollment unit may agree that the profitable
11 or unprofitable experience may be calculated taking into
12 account the refund period and the immediately preceding 2
13 plan years.
14 The Health Maintenance Organization shall include a
15statement in the evidence of coverage issued to each enrollee
16describing the possibility of a refund or additional premium,
17and upon request of any group or enrollment unit, provide to
18the group or enrollment unit a description of the method used
19to calculate (1) the Health Maintenance Organization's
20profitable experience with respect to the group or enrollment
21unit and the resulting refund to the group or enrollment unit
22or (2) the Health Maintenance Organization's unprofitable
23experience with respect to the group or enrollment unit and the
24resulting additional premium to be paid by the group or
25enrollment unit.
26 In no event shall the Illinois Health Maintenance

HB3850- 81 -LRB101 12868 LNS 61703 b
1Organization Guaranty Association be liable to pay any
2contractual obligation of an insolvent organization to pay any
3refund authorized under this Section.
4 (g) Rulemaking authority to implement Public Act 95-1045,
5if any, is conditioned on the rules being adopted in accordance
6with all provisions of the Illinois Administrative Procedure
7Act and all rules and procedures of the Joint Committee on
8Administrative Rules; any purported rule not so adopted, for
9whatever reason, is unauthorized.
10(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
11100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.
128-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
1310-4-18; 101-13, eff. 6-12-19.)
14 Section 640. The Voluntary Health Services Plans Act is
15amended by changing Section 10 as follows:
16 (215 ILCS 165/10) (from Ch. 32, par. 604)
17 Sec. 10. Application of Insurance Code provisions. Health
18services plan corporations and all persons interested therein
19or dealing therewith shall be subject to the provisions of
20Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
21143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
22356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
23356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
24356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,

HB3850- 82 -LRB101 12868 LNS 61703 b
1356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
2356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1, 402, 403,
3403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
4Section 367 of the Illinois Insurance Code.
5 Rulemaking authority to implement Public Act 95-1045, if
6any, is conditioned on the rules being adopted in accordance
7with all provisions of the Illinois Administrative Procedure
8Act and all rules and procedures of the Joint Committee on
9Administrative Rules; any purported rule not so adopted, for
10whatever reason, is unauthorized.
11(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
12100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
131-1-19; 100-1102, eff. 1-1-19; revised 10-4-18; 101-13, eff.
146-12-19.)
15 Section 645. The Medical Practice Act of 1987 is amended by
16changing Section 22 and 36 as follows:
17 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
18 (Section scheduled to be repealed on December 31, 2019)
19 Sec. 22. Disciplinary action.
20 (A) The Department may revoke, suspend, place on probation,
21reprimand, refuse to issue or renew, or take any other
22disciplinary or non-disciplinary action as the Department may
23deem proper with regard to the license or permit of any person
24issued under this Act, including imposing fines not to exceed

HB3850- 83 -LRB101 12868 LNS 61703 b
1$10,000 for each violation, upon any of the following grounds:
2 (1) (Blank). Performance of an elective abortion in any
3 place, locale, facility, or institution other than:
4 (a) a facility licensed pursuant to the Ambulatory
5 Surgical Treatment Center Act;
6 (b) an institution licensed under the Hospital
7 Licensing Act;
8 (c) an ambulatory surgical treatment center or
9 hospitalization or care facility maintained by the
10 State or any agency thereof, where such department or
11 agency has authority under law to establish and enforce
12 standards for the ambulatory surgical treatment
13 centers, hospitalization, or care facilities under its
14 management and control;
15 (d) ambulatory surgical treatment centers,
16 hospitalization or care facilities maintained by the
17 Federal Government; or
18 (e) ambulatory surgical treatment centers,
19 hospitalization or care facilities maintained by any
20 university or college established under the laws of
21 this State and supported principally by public funds
22 raised by taxation.
23 (2) (Blank). Performance of an abortion procedure in a
24 willful and wanton manner on a woman who was not pregnant
25 at the time the abortion procedure was performed.
26 (3) A plea of guilty or nolo contendere, finding of

HB3850- 84 -LRB101 12868 LNS 61703 b
1 guilt, jury verdict, or entry of judgment or sentencing,
2 including, but not limited to, convictions, preceding
3 sentences of supervision, conditional discharge, or first
4 offender probation, under the laws of any jurisdiction of
5 the United States of any crime that is a felony.
6 (4) Gross negligence in practice under this Act.
7 (5) Engaging in dishonorable, unethical or
8 unprofessional conduct of a character likely to deceive,
9 defraud or harm the public.
10 (6) Obtaining any fee by fraud, deceit, or
11 misrepresentation.
12 (7) Habitual or excessive use or abuse of drugs defined
13 in law as controlled substances, of alcohol, or of any
14 other substances which results in the inability to practice
15 with reasonable judgment, skill or safety.
16 (8) Practicing under a false or, except as provided by
17 law, an assumed name.
18 (9) Fraud or misrepresentation in applying for, or
19 procuring, a license under this Act or in connection with
20 applying for renewal of a license under this Act.
21 (10) Making a false or misleading statement regarding
22 their skill or the efficacy or value of the medicine,
23 treatment, or remedy prescribed by them at their direction
24 in the treatment of any disease or other condition of the
25 body or mind.
26 (11) Allowing another person or organization to use

HB3850- 85 -LRB101 12868 LNS 61703 b
1 their license, procured under this Act, to practice.
2 (12) Adverse action taken by another state or
3 jurisdiction against a license or other authorization to
4 practice as a medical doctor, doctor of osteopathy, doctor
5 of osteopathic medicine or doctor of chiropractic, a
6 certified copy of the record of the action taken by the
7 other state or jurisdiction being prima facie evidence
8 thereof. This includes any adverse action taken by a State
9 or federal agency that prohibits a medical doctor, doctor
10 of osteopathy, doctor of osteopathic medicine, or doctor of
11 chiropractic from providing services to the agency's
12 participants.
13 (13) Violation of any provision of this Act or of the
14 Medical Practice Act prior to the repeal of that Act, or
15 violation of the rules, or a final administrative action of
16 the Secretary, after consideration of the recommendation
17 of the Disciplinary Board.
18 (14) Violation of the prohibition against fee
19 splitting in Section 22.2 of this Act.
20 (15) A finding by the Disciplinary Board that the
21 registrant after having his or her license placed on
22 probationary status or subjected to conditions or
23 restrictions violated the terms of the probation or failed
24 to comply with such terms or conditions.
25 (16) Abandonment of a patient.
26 (17) Prescribing, selling, administering,

HB3850- 86 -LRB101 12868 LNS 61703 b
1 distributing, giving or self-administering any drug
2 classified as a controlled substance (designated product)
3 or narcotic for other than medically accepted therapeutic
4 purposes.
5 (18) Promotion of the sale of drugs, devices,
6 appliances or goods provided for a patient in such manner
7 as to exploit the patient for financial gain of the
8 physician.
9 (19) Offering, undertaking or agreeing to cure or treat
10 disease by a secret method, procedure, treatment or
11 medicine, or the treating, operating or prescribing for any
12 human condition by a method, means or procedure which the
13 licensee refuses to divulge upon demand of the Department.
14 (20) Immoral conduct in the commission of any act
15 including, but not limited to, commission of an act of
16 sexual misconduct related to the licensee's practice.
17 (21) Willfully making or filing false records or
18 reports in his or her practice as a physician, including,
19 but not limited to, false records to support claims against
20 the medical assistance program of the Department of
21 Healthcare and Family Services (formerly Department of
22 Public Aid) under the Illinois Public Aid Code.
23 (22) Willful omission to file or record, or willfully
24 impeding the filing or recording, or inducing another
25 person to omit to file or record, medical reports as
26 required by law, or willfully failing to report an instance

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1 of suspected abuse or neglect as required by law.
2 (23) Being named as a perpetrator in an indicated
3 report by the Department of Children and Family Services
4 under the Abused and Neglected Child Reporting Act, and
5 upon proof by clear and convincing evidence that the
6 licensee has caused a child to be an abused child or
7 neglected child as defined in the Abused and Neglected
8 Child Reporting Act.
9 (24) Solicitation of professional patronage by any
10 corporation, agents or persons, or profiting from those
11 representing themselves to be agents of the licensee.
12 (25) Gross and willful and continued overcharging for
13 professional services, including filing false statements
14 for collection of fees for which services are not rendered,
15 including, but not limited to, filing such false statements
16 for collection of monies for services not rendered from the
17 medical assistance program of the Department of Healthcare
18 and Family Services (formerly Department of Public Aid)
19 under the Illinois Public Aid Code.
20 (26) A pattern of practice or other behavior which
21 demonstrates incapacity or incompetence to practice under
22 this Act.
23 (27) Mental illness or disability which results in the
24 inability to practice under this Act with reasonable
25 judgment, skill or safety.
26 (28) Physical illness, including, but not limited to,

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1 deterioration through the aging process, or loss of motor
2 skill which results in a physician's inability to practice
3 under this Act with reasonable judgment, skill or safety.
4 (29) Cheating on or attempt to subvert the licensing
5 examinations administered under this Act.
6 (30) Willfully or negligently violating the
7 confidentiality between physician and patient except as
8 required by law.
9 (31) The use of any false, fraudulent, or deceptive
10 statement in any document connected with practice under
11 this Act.
12 (32) Aiding and abetting an individual not licensed
13 under this Act in the practice of a profession licensed
14 under this Act.
15 (33) Violating state or federal laws or regulations
16 relating to controlled substances, legend drugs, or
17 ephedra as defined in the Ephedra Prohibition Act.
18 (34) Failure to report to the Department any adverse
19 final action taken against them by another licensing
20 jurisdiction (any other state or any territory of the
21 United States or any foreign state or country), by any peer
22 review body, by any health care institution, by any
23 professional society or association related to practice
24 under this Act, by any governmental agency, by any law
25 enforcement agency, or by any court for acts or conduct
26 similar to acts or conduct which would constitute grounds

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1 for action as defined in this Section.
2 (35) Failure to report to the Department surrender of a
3 license or authorization to practice as a medical doctor, a
4 doctor of osteopathy, a doctor of osteopathic medicine, or
5 doctor of chiropractic in another state or jurisdiction, or
6 surrender of membership on any medical staff or in any
7 medical or professional association or society, while
8 under disciplinary investigation by any of those
9 authorities or bodies, for acts or conduct similar to acts
10 or conduct which would constitute grounds for action as
11 defined in this Section.
12 (36) Failure to report to the Department any adverse
13 judgment, settlement, or award arising from a liability
14 claim related to acts or conduct similar to acts or conduct
15 which would constitute grounds for action as defined in
16 this Section.
17 (37) Failure to provide copies of medical records as
18 required by law.
19 (38) Failure to furnish the Department, its
20 investigators or representatives, relevant information,
21 legally requested by the Department after consultation
22 with the Chief Medical Coordinator or the Deputy Medical
23 Coordinator.
24 (39) Violating the Health Care Worker Self-Referral
25 Act.
26 (40) Willful failure to provide notice when notice is

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1 required under the Parental Notice of Abortion Act of 1995.
2 (41) Failure to establish and maintain records of
3 patient care and treatment as required by this law.
4 (42) Entering into an excessive number of written
5 collaborative agreements with licensed advanced practice
6 registered nurses resulting in an inability to adequately
7 collaborate.
8 (43) Repeated failure to adequately collaborate with a
9 licensed advanced practice registered nurse.
10 (44) Violating the Compassionate Use of Medical
11 Cannabis Pilot Program Act.
12 (45) Entering into an excessive number of written
13 collaborative agreements with licensed prescribing
14 psychologists resulting in an inability to adequately
15 collaborate.
16 (46) Repeated failure to adequately collaborate with a
17 licensed prescribing psychologist.
18 (47) Willfully failing to report an instance of
19 suspected abuse, neglect, financial exploitation, or
20 self-neglect of an eligible adult as defined in and
21 required by the Adult Protective Services Act.
22 (48) Being named as an abuser in a verified report by
23 the Department on Aging under the Adult Protective Services
24 Act, and upon proof by clear and convincing evidence that
25 the licensee abused, neglected, or financially exploited
26 an eligible adult as defined in the Adult Protective

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1 Services Act.
2 (49) Entering into an excessive number of written
3 collaborative agreements with licensed physician
4 assistants resulting in an inability to adequately
5 collaborate.
6 (50) Repeated failure to adequately collaborate with a
7 physician assistant.
8 Except for actions involving the ground numbered (26), all
9proceedings to suspend, revoke, place on probationary status,
10or take any other disciplinary action as the Department may
11deem proper, with regard to a license on any of the foregoing
12grounds, must be commenced within 5 years next after receipt by
13the Department of a complaint alleging the commission of or
14notice of the conviction order for any of the acts described
15herein. Except for the grounds numbered (8), (9), (26), and
16(29), no action shall be commenced more than 10 years after the
17date of the incident or act alleged to have violated this
18Section. For actions involving the ground numbered (26), a
19pattern of practice or other behavior includes all incidents
20alleged to be part of the pattern of practice or other behavior
21that occurred, or a report pursuant to Section 23 of this Act
22received, within the 10-year period preceding the filing of the
23complaint. In the event of the settlement of any claim or cause
24of action in favor of the claimant or the reduction to final
25judgment of any civil action in favor of the plaintiff, such
26claim, cause of action or civil action being grounded on the

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1allegation that a person licensed under this Act was negligent
2in providing care, the Department shall have an additional
3period of 2 years from the date of notification to the
4Department under Section 23 of this Act of such settlement or
5final judgment in which to investigate and commence formal
6disciplinary proceedings under Section 36 of this Act, except
7as otherwise provided by law. The time during which the holder
8of the license was outside the State of Illinois shall not be
9included within any period of time limiting the commencement of
10disciplinary action by the Department.
11 The entry of an order or judgment by any circuit court
12establishing that any person holding a license under this Act
13is a person in need of mental treatment operates as a
14suspension of that license. That person may resume their
15practice only upon the entry of a Departmental order based upon
16a finding by the Disciplinary Board that they have been
17determined to be recovered from mental illness by the court and
18upon the Disciplinary Board's recommendation that they be
19permitted to resume their practice.
20 The Department may refuse to issue or take disciplinary
21action concerning the license of any person who fails to file a
22return, or to pay the tax, penalty or interest shown in a filed
23return, or to pay any final assessment of tax, penalty or
24interest, as required by any tax Act administered by the
25Illinois Department of Revenue, until such time as the
26requirements of any such tax Act are satisfied as determined by

HB3850- 93 -LRB101 12868 LNS 61703 b
1the Illinois Department of Revenue.
2 The Department, upon the recommendation of the
3Disciplinary Board, shall adopt rules which set forth standards
4to be used in determining:
5 (a) when a person will be deemed sufficiently
6 rehabilitated to warrant the public trust;
7 (b) what constitutes dishonorable, unethical or
8 unprofessional conduct of a character likely to deceive,
9 defraud, or harm the public;
10 (c) what constitutes immoral conduct in the commission
11 of any act, including, but not limited to, commission of an
12 act of sexual misconduct related to the licensee's
13 practice; and
14 (d) what constitutes gross negligence in the practice
15 of medicine.
16 However, no such rule shall be admissible into evidence in
17any civil action except for review of a licensing or other
18disciplinary action under this Act.
19 In enforcing this Section, the Disciplinary Board or the
20Licensing Board, upon a showing of a possible violation, may
21compel, in the case of the Disciplinary Board, any individual
22who is licensed to practice under this Act or holds a permit to
23practice under this Act, or, in the case of the Licensing
24Board, any individual who has applied for licensure or a permit
25pursuant to this Act, to submit to a mental or physical
26examination and evaluation, or both, which may include a

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

HB3850- 95 -LRB101 12868 LNS 61703 b
1including any supplemental testing performed. The Disciplinary
2Board, the Licensing Board, or the Department may order the
3examining physician or any member of the multidisciplinary team
4to present testimony concerning this examination and
5evaluation of the licensee, permit holder, or applicant,
6including testimony concerning any supplemental testing or
7documents relating to the examination and evaluation. No
8information, report, record, or other documents in any way
9related to the examination and evaluation shall be excluded by
10reason of any common law or statutory privilege relating to
11communication between the licensee, permit holder, or
12applicant and the examining physician or any member of the
13multidisciplinary team. No authorization is necessary from the
14licensee, permit holder, or applicant ordered to undergo an
15evaluation and examination for the examining physician or any
16member of the multidisciplinary team to provide information,
17reports, records, or other documents or to provide any
18testimony regarding the examination and evaluation. The
19individual to be examined may have, at his or her own expense,
20another physician of his or her choice present during all
21aspects of the examination. Failure of any individual to submit
22to mental or physical examination and evaluation, or both, when
23directed, shall result in an automatic suspension, without
24hearing, until such time as the individual submits to the
25examination. If the Disciplinary Board or Licensing Board finds
26a physician unable to practice following an examination and

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1evaluation because of the reasons set forth in this Section,
2the Disciplinary Board or Licensing Board shall require such
3physician to submit to care, counseling, or treatment by
4physicians, or other health care professionals, approved or
5designated by the Disciplinary Board, as a condition for
6issued, continued, reinstated, or renewed licensure to
7practice. Any physician, whose license was granted pursuant to
8Sections 9, 17, or 19 of this Act, or, continued, reinstated,
9renewed, disciplined or supervised, subject to such terms,
10conditions or restrictions who shall fail to comply with such
11terms, conditions or restrictions, or to complete a required
12program of care, counseling, or treatment, as determined by the
13Chief Medical Coordinator or Deputy Medical Coordinators,
14shall be referred to the Secretary for a determination as to
15whether the licensee shall have their license suspended
16immediately, pending a hearing by the Disciplinary Board. In
17instances in which the Secretary immediately suspends a license
18under this Section, a hearing upon such person's license must
19be convened by the Disciplinary Board within 15 days after such
20suspension and completed without appreciable delay. The
21Disciplinary Board shall have the authority to review the
22subject physician's record of treatment and counseling
23regarding the impairment, to the extent permitted by applicable
24federal statutes and regulations safeguarding the
25confidentiality of medical records.
26 An individual licensed under this Act, affected under this

HB3850- 97 -LRB101 12868 LNS 61703 b
1Section, shall be afforded an opportunity to demonstrate to the
2Disciplinary Board that they can resume practice in compliance
3with acceptable and prevailing standards under the provisions
4of their license.
5 The Department may promulgate rules for the imposition of
6fines in disciplinary cases, not to exceed $10,000 for each
7violation of this Act. Fines may be imposed in conjunction with
8other forms of disciplinary action, but shall not be the
9exclusive disposition of any disciplinary action arising out of
10conduct resulting in death or injury to a patient. Any funds
11collected from such fines shall be deposited in the Illinois
12State Medical Disciplinary Fund.
13 All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the fine
15or in accordance with the terms set forth in the order imposing
16the fine.
17 (B) The Department shall revoke the license or permit
18issued under this Act to practice medicine or a chiropractic
19physician who has been convicted a second time of committing
20any felony under the Illinois Controlled Substances Act or the
21Methamphetamine Control and Community Protection Act, or who
22has been convicted a second time of committing a Class 1 felony
23under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
24person whose license or permit is revoked under this subsection
25B shall be prohibited from practicing medicine or treating
26human ailments without the use of drugs and without operative

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1surgery.
2 (C) The Department shall not revoke, suspend, place on
3probation, reprimand, refuse to issue or renew, or take any
4other disciplinary or non-disciplinary action against the
5license or permit issued under this Act to practice medicine to
6a physician:
7 (1) based solely upon the recommendation of the
8 physician to an eligible patient regarding, or
9 prescription for, or treatment with, an investigational
10 drug, biological product, or device; or
11 (2) for experimental treatment for Lyme disease or
12 other tick-borne diseases, including, but not limited to,
13 the prescription of or treatment with long-term
14 antibiotics.
15 (D) The Disciplinary Board shall recommend to the
16Department civil penalties and any other appropriate
17discipline in disciplinary cases when the Board finds that a
18physician willfully performed an abortion with actual
19knowledge that the person upon whom the abortion has been
20performed is a minor or an incompetent person without notice as
21required under the Parental Notice of Abortion Act of 1995.
22Upon the Board's recommendation, the Department shall impose,
23for the first violation, a civil penalty of $1,000 and for a
24second or subsequent violation, a civil penalty of $5,000.
25(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
26100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.

HB3850- 99 -LRB101 12868 LNS 61703 b
11-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
212-19-18; 101-13, eff. 6-12-19.)
3 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
4 (Section scheduled to be repealed on December 31, 2019)
5 Sec. 36. Investigation; notice.
6 (a) Upon the motion of either the Department or the
7Disciplinary Board or upon the verified complaint in writing of
8any person setting forth facts which, if proven, would
9constitute grounds for suspension or revocation under Section
1022 of this Act, the Department shall investigate the actions of
11any person, so accused, who holds or represents that they hold
12a license. Such person is hereinafter called the accused.
13 (b) The Department shall, before suspending, revoking,
14placing on probationary status, or taking any other
15disciplinary action as the Department may deem proper with
16regard to any license at least 30 days prior to the date set
17for the hearing, notify the accused in writing of any charges
18made and the time and place for a hearing of the charges before
19the Disciplinary Board, direct them to file their written
20answer thereto to the Disciplinary Board under oath within 20
21days after the service on them of such notice and inform them
22that if they fail to file such answer default will be taken
23against them and their license may be suspended, revoked,
24placed on probationary status, or have other disciplinary
25action, including limiting the scope, nature or extent of their

HB3850- 100 -LRB101 12868 LNS 61703 b
1practice, as the Department may deem proper taken with regard
2thereto. The Department shall, at least 14 days prior to the
3date set for the hearing, notify in writing any person who
4filed a complaint against the accused of the time and place for
5the hearing of the charges against the accused before the
6Disciplinary Board and inform such person whether he or she may
7provide testimony at the hearing.
8 (c) (Blank). Where a physician has been found, upon
9complaint and investigation of the Department, and after
10hearing, to have performed an abortion procedure in a wilful
11and wanton manner upon a woman who was not pregnant at the time
12such abortion procedure was performed, the Department shall
13automatically revoke the license of such physician to practice
14medicine in Illinois.
15 (d) Such written notice and any notice in such proceedings
16thereafter may be served by delivery of the same, personally,
17to the accused person, or by mailing the same by registered or
18certified mail to the accused person's address of record.
19 (e) All information gathered by the Department during its
20investigation including information subpoenaed under Section
2123 or 38 of this Act and the investigative file shall be kept
22for the confidential use of the Secretary, Disciplinary Board,
23the Medical Coordinators, persons employed by contract to
24advise the Medical Coordinator or the Department, the
25Disciplinary Board's attorneys, the medical investigative
26staff, and authorized clerical staff, as provided in this Act

HB3850- 101 -LRB101 12868 LNS 61703 b
1and shall be afforded the same status as is provided
2information concerning medical studies in Part 21 of Article
3VIII of the Code of Civil Procedure, except that the Department
4may disclose information and documents to a federal, State, or
5local law enforcement agency pursuant to a subpoena in an
6ongoing criminal investigation to a health care licensing body
7of this State or another state or jurisdiction pursuant to an
8official request made by that licensing body. Furthermore,
9information and documents disclosed to a federal, State, or
10local law enforcement agency may be used by that agency only
11for the investigation and prosecution of a criminal offense or,
12in the case of disclosure to a health care licensing body, only
13for investigations and disciplinary action proceedings with
14regard to a license issued by that licensing body.
15(Source: P.A. 101-13, eff. 6-12-19.)
16 Section 650. The Nurse Practice Act is amended by changing
17Section 65-35 and 65-43 as follows:
18 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
19 (Section scheduled to be repealed on January 1, 2028)
20 Sec. 65-35. Written collaborative agreements.
21 (a) A written collaborative agreement is required for all
22advanced practice registered nurses engaged in clinical
23practice prior to meeting the requirements of Section 65-43,
24except for advanced practice registered nurses who are

HB3850- 102 -LRB101 12868 LNS 61703 b
1privileged to practice in a hospital, hospital affiliate, or
2ambulatory surgical treatment center.
3 (a-5) If an advanced practice registered nurse engages in
4clinical practice outside of a hospital, hospital affiliate, or
5ambulatory surgical treatment center in which he or she is
6privileged to practice, the advanced practice registered nurse
7must have a written collaborative agreement, except as set
8forth in Section 65-43.
9 (b) A written collaborative agreement shall describe the
10relationship of the advanced practice registered nurse with the
11collaborating physician and shall describe the categories of
12care, treatment, or procedures to be provided by the advanced
13practice registered nurse. A collaborative agreement with a
14podiatric physician must be in accordance with subsection (c-5)
15or (c-15) of this Section. A collaborative agreement with a
16dentist must be in accordance with subsection (c-10) of this
17Section. A collaborative agreement with a podiatric physician
18must be in accordance with subsection (c-5) of this Section.
19Collaboration does not require an employment relationship
20between the collaborating physician and the advanced practice
21registered nurse.
22 The collaborative relationship under an agreement shall
23not be construed to require the personal presence of a
24collaborating physician at the place where services are
25rendered. Methods of communication shall be available for
26consultation with the collaborating physician in person or by

HB3850- 103 -LRB101 12868 LNS 61703 b
1telecommunications or electronic communications as set forth
2in the written agreement.
3 (b-5) Absent an employment relationship, a written
4collaborative agreement may not (1) restrict the categories of
5patients of an advanced practice registered nurse within the
6scope of the advanced practice registered nurses training and
7experience, (2) limit third party payors or government health
8programs, such as the medical assistance program or Medicare
9with which the advanced practice registered nurse contracts, or
10(3) limit the geographic area or practice location of the
11advanced practice registered nurse in this State.
12 (c) In the case of anesthesia services provided by a
13certified registered nurse anesthetist, an anesthesiologist, a
14physician, a dentist, or a podiatric physician must participate
15through discussion of and agreement with the anesthesia plan
16and remain physically present and available on the premises
17during the delivery of anesthesia services for diagnosis,
18consultation, and treatment of emergency medical conditions.
19 (c-5) A certified registered nurse anesthetist, who
20provides anesthesia services outside of a hospital or
21ambulatory surgical treatment center shall enter into a written
22collaborative agreement with an anesthesiologist or the
23physician licensed to practice medicine in all its branches or
24the podiatric physician performing the procedure. Outside of a
25hospital or ambulatory surgical treatment center, the
26certified registered nurse anesthetist may provide only those

HB3850- 104 -LRB101 12868 LNS 61703 b
1services that the collaborating podiatric physician is
2authorized to provide pursuant to the Podiatric Medical
3Practice Act of 1987 and rules adopted thereunder. A certified
4registered nurse anesthetist may select, order, and administer
5medication, including controlled substances, and apply
6appropriate medical devices for delivery of anesthesia
7services under the anesthesia plan agreed with by the
8anesthesiologist or the operating physician or operating
9podiatric physician.
10 (c-10) A certified registered nurse anesthetist who
11provides anesthesia services in a dental office shall enter
12into a written collaborative agreement with an
13anesthesiologist or the physician licensed to practice
14medicine in all its branches or the operating dentist
15performing the procedure. The agreement shall describe the
16working relationship of the certified registered nurse
17anesthetist and dentist and shall authorize the categories of
18care, treatment, or procedures to be performed by the certified
19registered nurse anesthetist. In a collaborating dentist's
20office, the certified registered nurse anesthetist may only
21provide those services that the operating dentist with the
22appropriate permit is authorized to provide pursuant to the
23Illinois Dental Practice Act and rules adopted thereunder. For
24anesthesia services, an anesthesiologist, physician, or
25operating dentist shall participate through discussion of and
26agreement with the anesthesia plan and shall remain physically

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1present and be available on the premises during the delivery of
2anesthesia services for diagnosis, consultation, and treatment
3of emergency medical conditions. A certified registered nurse
4anesthetist may select, order, and administer medication,
5including controlled substances, and apply appropriate medical
6devices for delivery of anesthesia services under the
7anesthesia plan agreed with by the operating dentist.
8 (c-15) An advanced practice registered nurse who had a
9written collaborative agreement with a podiatric physician
10immediately before the effective date of Public Act 100-513 may
11continue in that collaborative relationship or enter into a new
12written collaborative relationship with a podiatric physician
13under the requirements of this Section and Section 65-40, as
14those Sections existed immediately before the amendment of
15those Sections by Public Act 100-513 with regard to a written
16collaborative agreement between an advanced practice
17registered nurse and a podiatric physician.
18 (d) A copy of the signed, written collaborative agreement
19must be available to the Department upon request from both the
20advanced practice registered nurse and the collaborating
21physician, dentist, or podiatric physician.
22 (e) Nothing in this Act shall be construed to limit the
23delegation of tasks or duties by a physician to a licensed
24practical nurse, a registered professional nurse, or other
25persons in accordance with Section 54.2 of the Medical Practice
26Act of 1987. Nothing in this Act shall be construed to limit

HB3850- 106 -LRB101 12868 LNS 61703 b
1the method of delegation that may be authorized by any means,
2including, but not limited to, oral, written, electronic,
3standing orders, protocols, guidelines, or verbal orders.
4 (e-5) Nothing in this Act shall be construed to authorize
5an advanced practice registered nurse to provide health care
6services required by law or rule to be performed by a
7physician. The scope of practice of an advanced practice
8registered nurse does not include operative surgery. Nothing in
9this Section shall be construed to preclude an advanced
10practice registered nurse from assisting in surgery , including
11those acts to be performed by a physician in Section 3.1 of the
12Illinois Abortion Law of 2019.
13 (f) An advanced practice registered nurse shall inform each
14collaborating physician, dentist, or podiatric physician of
15all collaborative agreements he or she has signed and provide a
16copy of these to any collaborating physician, dentist, or
17podiatric physician upon request.
18 (g) (Blank).
19(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;
20100-577, eff. 1-26-18; 100-1096, eff. 8-26-18; 101-13, eff.
216-12-19.)
22 (225 ILCS 65/65-43)
23 (Section scheduled to be repealed on January 1, 2028)
24 Sec. 65-43. Full practice authority.
25 (a) An Illinois-licensed advanced practice registered

HB3850- 107 -LRB101 12868 LNS 61703 b
1nurse certified as a nurse practitioner, nurse midwife, or
2clinical nurse specialist shall be deemed by law to possess the
3ability to practice without a written collaborative agreement
4as set forth in this Section.
5 (b) An advanced practice registered nurse certified as a
6nurse midwife, clinical nurse specialist, or nurse
7practitioner who files with the Department a notarized
8attestation of completion of at least 250 hours of continuing
9education or training and at least 4,000 hours of clinical
10experience after first attaining national certification shall
11not require a written collaborative agreement, except as
12specified in subsection (c). Documentation of successful
13completion shall be provided to the Department upon request.
14 Continuing education or training hours required by
15subsection (b) shall be in the advanced practice registered
16nurse's area of certification as set forth by Department rule.
17 The clinical experience must be in the advanced practice
18registered nurse's area of certification. The clinical
19experience shall be in collaboration with a physician or
20physicians. Completion of the clinical experience must be
21attested to by the collaborating physician or physicians and
22the advanced practice registered nurse.
23 (c) The scope of practice of an advanced practice
24registered nurse with full practice authority includes:
25 (1) all matters included in subsection (c) of Section
26 65-30 of this Act;

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1 (2) practicing without a written collaborative
2 agreement in all practice settings consistent with
3 national certification;
4 (3) authority to prescribe both legend drugs and
5 Schedule II through V controlled substances; this
6 authority includes prescription of, selection of, orders
7 for, administration of, storage of, acceptance of samples
8 of, and dispensing over the counter medications, legend
9 drugs, and controlled substances categorized as any
10 Schedule II through V controlled substances, as defined in
11 Article II of the Illinois Controlled Substances Act, and
12 other preparations, including, but not limited to,
13 botanical and herbal remedies;
14 (4) prescribing benzodiazepines or Schedule II
15 narcotic drugs, such as opioids, only in a consultation
16 relationship with a physician; this consultation
17 relationship shall be recorded in the Prescription
18 Monitoring Program website, pursuant to Section 316 of the
19 Illinois Controlled Substances Act, by the physician and
20 advanced practice registered nurse with full practice
21 authority and is not required to be filed with the
22 Department; the specific Schedule II narcotic drug must be
23 identified by either brand name or generic name; the
24 specific Schedule II narcotic drug, such as an opioid, may
25 be administered by oral dosage or topical or transdermal
26 application; delivery by injection or other route of

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1 administration is not permitted; at least monthly, the
2 advanced practice registered nurse and the physician must
3 discuss the condition of any patients for whom a
4 benzodiazepine or opioid is prescribed; nothing in this
5 subsection shall be construed to require a prescription by
6 an advanced practice registered nurse with full practice
7 authority to require a physician name;
8 (5) authority to obtain an Illinois controlled
9 substance license and a federal Drug Enforcement
10 Administration number; and
11 (6) use of only local anesthetic.
12 The scope of practice of an advanced practice registered
13nurse does not include operative surgery. Nothing in this
14Section shall be construed to preclude an advanced practice
15registered nurse from assisting in surgery.
16 (d) The Department may adopt rules necessary to administer
17this Section, including, but not limited to, requiring the
18completion of forms and the payment of fees.
19 (e) Nothing in this Act shall be construed to authorize an
20advanced practice registered nurse with full practice
21authority to provide health care services required by law or
22rule to be performed by a physician, including, but not limited
23to, those acts to be performed by a physician in Section 3.1 of
24the Illinois Abortion Law of 2019.
25(Source: P.A. 100-513, eff. 1-1-18; 101-13, eff. 6-12-19.)

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1 Section 653. The Physician Assistant Practice Act of 1987
2is amended by changing Section 7.5 as follows:
3 (225 ILCS 95/7.5)
4 (Section scheduled to be repealed on January 1, 2028)
5 Sec. 7.5. Written collaborative agreements; prescriptive
6authority.
7 (a) A written collaborative agreement is required for all
8physician assistants to practice in the State, except as
9provided in Section 7.7 of this Act.
10 (1) A written collaborative agreement shall describe
11 the working relationship of the physician assistant with
12 the collaborating physician and shall describe the
13 categories of care, treatment, or procedures to be provided
14 by the physician assistant. The written collaborative
15 agreement shall promote the exercise of professional
16 judgment by the physician assistant commensurate with his
17 or her education and experience. The services to be
18 provided by the physician assistant shall be services that
19 the collaborating physician is authorized to and generally
20 provides to his or her patients in the normal course of his
21 or her clinical medical practice. The written
22 collaborative agreement need not describe the exact steps
23 that a physician assistant must take with respect to each
24 specific condition, disease, or symptom but must specify
25 which authorized procedures require the presence of the

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1 collaborating physician as the procedures are being
2 performed. The relationship under a written collaborative
3 agreement shall not be construed to require the personal
4 presence of a physician at the place where services are
5 rendered. Methods of communication shall be available for
6 consultation with the collaborating physician in person or
7 by telecommunications or electronic communications as set
8 forth in the written collaborative agreement. For the
9 purposes of this Act, "generally provides to his or her
10 patients in the normal course of his or her clinical
11 medical practice" means services, not specific tasks or
12 duties, the collaborating physician routinely provides
13 individually or through delegation to other persons so that
14 the physician has the experience and ability to collaborate
15 and provide consultation.
16 (2) The written collaborative agreement shall be
17 adequate if a physician does each of the following:
18 (A) Participates in the joint formulation and
19 joint approval of orders or guidelines with the
20 physician assistant and he or she periodically reviews
21 such orders and the services provided patients under
22 such orders in accordance with accepted standards of
23 medical practice and physician assistant practice.
24 (B) Provides consultation at least once a month.
25 (3) A copy of the signed, written collaborative
26 agreement must be available to the Department upon request

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1 from both the physician assistant and the collaborating
2 physician.
3 (4) A physician assistant shall inform each
4 collaborating physician of all written collaborative
5 agreements he or she has signed and provide a copy of these
6 to any collaborating physician upon request.
7 (b) A collaborating physician may, but is not required to,
8delegate prescriptive authority to a physician assistant as
9part of a written collaborative agreement. This authority may,
10but is not required to, include prescription of, selection of,
11orders for, administration of, storage of, acceptance of
12samples of, and dispensing medical devices, over the counter
13medications, legend drugs, medical gases, and controlled
14substances categorized as Schedule II through V controlled
15substances, as defined in Article II of the Illinois Controlled
16Substances Act, and other preparations, including, but not
17limited to, botanical and herbal remedies. The collaborating
18physician must have a valid, current Illinois controlled
19substance license and federal registration with the Drug
20Enforcement Agency to delegate the authority to prescribe
21controlled substances.
22 (1) To prescribe Schedule II, III, IV, or V controlled
23 substances under this Section, a physician assistant must
24 obtain a mid-level practitioner controlled substances
25 license. Medication orders issued by a physician assistant
26 shall be reviewed periodically by the collaborating

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1 physician.
2 (2) The collaborating physician shall file with the
3 Department notice of delegation of prescriptive authority
4 to a physician assistant and termination of delegation,
5 specifying the authority delegated or terminated. Upon
6 receipt of this notice delegating authority to prescribe
7 controlled substances, the physician assistant shall be
8 eligible to register for a mid-level practitioner
9 controlled substances license under Section 303.05 of the
10 Illinois Controlled Substances Act. Nothing in this Act
11 shall be construed to limit the delegation of tasks or
12 duties by the collaborating physician to a nurse or other
13 appropriately trained persons in accordance with Section
14 54.2 of the Medical Practice Act of 1987.
15 (3) In addition to the requirements of this subsection
16 (b), a collaborating physician may, but is not required to,
17 delegate authority to a physician assistant to prescribe
18 Schedule II controlled substances, if all of the following
19 conditions apply:
20 (A) Specific Schedule II controlled substances by
21 oral dosage or topical or transdermal application may
22 be delegated, provided that the delegated Schedule II
23 controlled substances are routinely prescribed by the
24 collaborating physician. This delegation must identify
25 the specific Schedule II controlled substances by
26 either brand name or generic name. Schedule II

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1 controlled substances to be delivered by injection or
2 other route of administration may not be delegated.
3 (B) (Blank).
4 (C) Any prescription must be limited to no more
5 than a 30-day supply, with any continuation authorized
6 only after prior approval of the collaborating
7 physician.
8 (D) The physician assistant must discuss the
9 condition of any patients for whom a controlled
10 substance is prescribed monthly with the collaborating
11 physician.
12 (E) The physician assistant meets the education
13 requirements of Section 303.05 of the Illinois
14 Controlled Substances Act.
15 (c) Nothing in this Act shall be construed to limit the
16delegation of tasks or duties by a physician to a licensed
17practical nurse, a registered professional nurse, or other
18persons. Nothing in this Act shall be construed to limit the
19method of delegation that may be authorized by any means,
20including, but not limited to, oral, written, electronic,
21standing orders, protocols, guidelines, or verbal orders.
22Nothing in this Act shall be construed to authorize a physician
23assistant to provide health care services required by law or
24rule to be performed by a physician. Nothing in this Act shall
25be construed to authorize the delegation or performance of
26operative surgery. Nothing in this Section shall be construed

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1to preclude a physician assistant from assisting in surgery.
2 (c-5) Nothing in this Section shall be construed to apply
3to any medication authority, including Schedule II controlled
4substances of a licensed physician assistant for care provided
5in a hospital, hospital affiliate, or ambulatory surgical
6treatment center pursuant to Section 7.7 of this Act.
7 (d) (Blank).
8 (e) Nothing in this Section shall be construed to prohibit
9generic substitution.
10(Source: P.A. 100-453, eff. 8-25-17; 101-13, eff. 6-12-19.)
11 Section 655. The Vital Records Act is amended by changing
12Section 1 as follows:
13 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
14 Sec. 1. As used in this Act, unless the context otherwise
15requires:
16 (1) "Vital records" means records of births, deaths, fetal
17deaths, marriages, dissolution of marriages, and data related
18thereto.
19 (2) "System of vital records" includes the registration,
20collection, preservation, amendment, and certification of
21vital records, and activities related thereto.
22 (3) "Filing" means the presentation of a certificate,
23report, or other record provided for in this Act, of a birth,
24death, fetal death, adoption, marriage, or dissolution of

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

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

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1male or female.
2 (16) "Homeless person" means an individual who meets the
3definition of "homeless" under Section 103 of the federal
4McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
5individual residing in any of the living situations described
6in 42 U.S.C. 11434a(2).
7(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
8100-863, eff. 8-14-18; 101-13, eff. 6-12-19.)
9 Section 660. The Environmental Protection Act is amended by
10changing Section 56.1 as follows:
11 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
12 Sec. 56.1. Acts prohibited.
13 (A) No person shall:
14 (a) Cause or allow the disposal of any potentially
15 infectious medical waste. Sharps may be disposed in any
16 landfill permitted by the Agency under Section 21 of this
17 Act to accept municipal waste for disposal, if both:
18 (1) the infectious potential has been eliminated
19 from the sharps by treatment; and
20 (2) the sharps are packaged in accordance with
21 Board regulations.
22 (b) Cause or allow the delivery of any potentially
23 infectious medical waste for transport, storage,
24 treatment, or transfer except in accordance with Board

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1 regulations.
2 (c) Beginning July 1, 1992, cause or allow the delivery
3 of any potentially infectious medical waste to a person or
4 facility for storage, treatment, or transfer that does not
5 have a permit issued by the agency to receive potentially
6 infectious medical waste, unless no permit is required
7 under subsection (g)(1).
8 (d) Beginning July 1, 1992, cause or allow the delivery
9 or transfer of any potentially infectious medical waste for
10 transport unless:
11 (1) the transporter has a permit issued by the
12 Agency to transport potentially infectious medical
13 waste, or the transporter is exempt from the permit
14 requirement set forth in subsection (f)(l).
15 (2) a potentially infectious medical waste
16 manifest is completed for the waste if a manifest is
17 required under subsection (h).
18 (e) Cause or allow the acceptance of any potentially
19 infectious medical waste for purposes of transport,
20 storage, treatment, or transfer except in accordance with
21 Board regulations.
22 (f) Beginning July 1, 1992, conduct any potentially
23 infectious medical waste transportation operation:
24 (1) Without a permit issued by the Agency to
25 transport potentially infectious medical waste. No
26 permit is required under this provision (f)(1) for:

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1 (A) a person transporting potentially
2 infectious medical waste generated solely by that
3 person's activities;
4 (B) noncommercial transportation of less than
5 50 pounds of potentially infectious medical waste
6 at any one time; or
7 (C) the U.S. Postal Service.
8 (2) In violation of any condition of any permit
9 issued by the Agency under this Act.
10 (3) In violation of any regulation adopted by the
11 Board.
12 (4) In violation of any order adopted by the Board
13 under this Act.
14 (g) Beginning July 1, 1992, conduct any potentially
15 infectious medical waste treatment, storage, or transfer
16 operation:
17 (1) without a permit issued by the Agency that
18 specifically authorizes the treatment, storage, or
19 transfer of potentially infectious medical waste. No
20 permit is required under this subsection (g) or
21 subsection (d)(1) of Section 21 for any:
22 (A) Person conducting a potentially infectious
23 medical waste treatment, storage, or transfer
24 operation for potentially infectious medical waste
25 generated by the person's own activities that are
26 treated, stored, or transferred within the site

HB3850- 121 -LRB101 12868 LNS 61703 b
1 where the potentially infectious medical waste is
2 generated.
3 (B) Hospital that treats, stores, or transfers
4 only potentially infectious medical waste
5 generated by its own activities or by members of
6 its medical staff.
7 (C) Sharps collection station that is operated
8 in accordance with Section 56.7.
9 (2) in violation of any condition of any permit
10 issued by the Agency under this Act.
11 (3) in violation of any regulation adopted by the
12 Board.
13 (4) In violation of any order adopted by the Board
14 under this Act.
15 (h) Transport potentially infectious medical waste
16 unless the transporter carries a completed potentially
17 infectious medical waste manifest. No manifest is required
18 for the transportation of:
19 (1) potentially infectious medical waste being
20 transported by generators who generated the waste by
21 their own activities, when the potentially infectious
22 medical waste is transported within or between sites or
23 facilities owned, controlled, or operated by that
24 person;
25 (2) less than 50 pounds of potentially infectious
26 medical waste at any one time for a noncommercial

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1 transportation activity; or
2 (3) potentially infectious medical waste by the
3 U.S. Postal Service.
4 (i) Offer for transportation, transport, deliver,
5 receive or accept potentially infectious medical waste for
6 which a manifest is required, unless the manifest indicates
7 that the fee required under Section 56.4 of this Act has
8 been paid.
9 (j) Beginning January 1, 1994, conduct a potentially
10 infectious medical waste treatment operation at an
11 incinerator in existence on the effective date of this
12 Title in violation of emission standards established for
13 these incinerators under Section 129 of the Clean Air Act
14 (42 USC 7429), as amended.
15 (k) Beginning July 1, 2015, knowingly mix household
16 sharps, including, but not limited to, hypodermic,
17 intravenous, or other medical needles or syringes or other
18 medical household waste containing used or unused sharps,
19 including, but not limited to, hypodermic, intravenous, or
20 other medical needles or syringes or other sharps, with any
21 other material intended for collection as a recyclable
22 material by a residential hauler.
23 (l) Beginning on July 1, 2015, knowingly place
24 household sharps into a container intended for collection
25 by a residential hauler for processing at a recycling
26 center.

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1 (B) In making its orders and determinations relative to
2penalties, if any, to be imposed for violating subdivision
3(A)(a) of this Section, the Board, in addition to the factors
4in Sections 33(c) and 42(h) of this Act, or the Court shall
5take into consideration whether the owner or operator of the
6landfill reasonably relied on written statements from the
7person generating or treating the waste that the waste is not
8potentially infectious medical waste.
9 (C) Notwithstanding subsection (A) or any other provision
10of law, including the Vital Records Act, tissue and products
11from an abortion, as defined in Section 1-10 of the
12Reproductive Health Act, or a miscarriage may be buried,
13entombed, or cremated.
14(Source: P.A. 101-13, eff. 6-12-19.)
15 Section 665. The Criminal Code of 2012 is amended by
16changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:
17 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
18 Sec. 9-1.2. Intentional Homicide of an Unborn Child.
19 (a) A person commits the offense of intentional homicide of
20an unborn child if, in performing acts which cause the death of
21an unborn child, he without lawful justification:
22 (1) either intended to cause the death of or do great
23 bodily harm to the pregnant individual woman or her unborn
24 child or knew that such acts would cause death or great

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1 bodily harm to the pregnant individual woman or her unborn
2 child; or
3 (2) knew that his acts created a strong probability of
4 death or great bodily harm to the pregnant individual woman
5 or her unborn child; and
6 (3) knew that the individual woman was pregnant.
7 (b) For purposes of this Section, (1) "unborn child" shall
8mean any individual of the human species from the implantation
9of an embryo fertilization until birth, and (2) "person" shall
10not include the pregnant woman whose unborn child is killed.
11 (c) This Section shall not apply to acts which cause the
12death of an unborn child if those acts were committed during
13any abortion, as defined in Section 1-10 of the Reproductive
14Health Act, Section 2 of the Illinois Abortion Law of 2019, as
15amended, to which the pregnant individual woman has consented.
16This Section shall not apply to acts which were committed
17pursuant to usual and customary standards of medical practice
18during diagnostic testing or therapeutic treatment.
19 (d) Penalty. The sentence for intentional homicide of an
20unborn child shall be the same as for first degree murder,
21except that:
22 (1) the death penalty may not be imposed;
23 (2) if the person committed the offense while armed
24 with a firearm, 15 years shall be added to the term of
25 imprisonment imposed by the court;
26 (3) if, during the commission of the offense, the

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1 person personally discharged a firearm, 20 years shall be
2 added to the term of imprisonment imposed by the court;
3 (4) if, during the commission of the offense, the
4 person personally discharged a firearm that proximately
5 caused great bodily harm, permanent disability, permanent
6 disfigurement, or death to another person, 25 years or up
7 to a term of natural life shall be added to the term of
8 imprisonment imposed by the court.
9 (e) The provisions of this Act shall not be construed to
10prohibit the prosecution of any person under any other
11provision of law.
12(Source: P.A. 101-13, eff. 6-12-19.)
13 (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
14 Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
15A person who kills an unborn child without lawful justification
16commits voluntary manslaughter of an unborn child if at the
17time of the killing he is acting under a sudden and intense
18passion resulting from serious provocation by another whom the
19offender endeavors to kill, but he negligently or accidentally
20causes the death of the unborn child.
21 Serious provocation is conduct sufficient to excite an
22intense passion in a reasonable person.
23 (b) A person who intentionally or knowingly kills an unborn
24child commits voluntary manslaughter of an unborn child if at
25the time of the killing he believes the circumstances to be

HB3850- 126 -LRB101 12868 LNS 61703 b
1such that, if they existed, would justify or exonerate the
2killing under the principles stated in Article 7 of this Code,
3but his belief is unreasonable.
4 (c) Sentence. Voluntary Manslaughter of an unborn child is
5a Class 1 felony.
6 (d) For purposes of this Section, (1) "unborn child" shall
7mean any individual of the human species from the implantation
8of an embryo fertilization until birth, and (2) "person" shall
9not include the pregnant individual woman whose unborn child is
10killed.
11 (e) This Section shall not apply to acts which cause the
12death of an unborn child if those acts were committed during
13any abortion, as defined in Section 1-10 of the Reproductive
14Health Act, Section 2 of the Illinois Abortion Law of 2019, as
15amended, to which the pregnant individual woman has consented.
16This Section shall not apply to acts which were committed
17pursuant to usual and customary standards of medical practice
18during diagnostic testing or therapeutic treatment.
19(Source: P.A. 101-13, eff. 6-12-19.)
20 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
21 Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide
22of an Unborn Child. (a) A person who unintentionally kills an
23unborn child without lawful justification commits involuntary
24manslaughter of an unborn child if his acts whether lawful or
25unlawful which cause the death are such as are likely to cause

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1death or great bodily harm to some individual, and he performs
2them recklessly, except in cases in which the cause of death
3consists of the driving of a motor vehicle, in which case the
4person commits reckless homicide of an unborn child.
5 (b) Sentence.
6 (1) Involuntary manslaughter of an unborn child is a Class
73 felony.
8 (2) Reckless homicide of an unborn child is a Class 3
9felony.
10 (c) For purposes of this Section, (1) "unborn child" shall
11mean any individual of the human species from the implantation
12of an embryo fertilization until birth, and (2) "person" shall
13not include the pregnant individual woman whose unborn child is
14killed.
15 (d) This Section shall not apply to acts which cause the
16death of an unborn child if those acts were committed during
17any abortion, as defined in Section 1-10 of the Reproductive
18Health Act, Section 2 of the Illinois Abortion Law of 2019, as
19amended, to which the pregnant individual woman has consented.
20This Section shall not apply to acts which were committed
21pursuant to usual and customary standards of medical practice
22during diagnostic testing or therapeutic treatment.
23 (e) The provisions of this Section shall not be construed
24to prohibit the prosecution of any person under any other
25provision of law, nor shall it be construed to preclude any
26civil cause of action.

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1(Source: P.A. 101-13, eff. 6-12-19.)
2 (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
3 Sec. 12-3.1. Battery of an unborn child; aggravated battery
4of an unborn child.
5 (a) A person commits battery of an unborn child if he or
6she knowingly without legal justification and by any means
7causes bodily harm to an unborn child.
8 (a-5) A person commits aggravated battery of an unborn
9child when, in committing a battery of an unborn child, he or
10she knowingly causes great bodily harm or permanent disability
11or disfigurement to an unborn child.
12 (b) For purposes of this Section, (1) "unborn child" shall
13mean any individual of the human species from the implantation
14of an embryo fertilization until birth, and (2) "person" shall
15not include the pregnant individual woman whose unborn child is
16harmed.
17 (c) Sentence. Battery of an unborn child is a Class A
18misdemeanor. Aggravated battery of an unborn child is a Class 2
19felony.
20 (d) This Section shall not apply to acts which cause bodily
21harm to an unborn child if those acts were committed during any
22abortion, as defined in Section 1-10 of the Reproductive Health
23Act, Section 2 of the Illinois Abortion Law of 2019, as
24amended, to which the pregnant individual woman has consented.
25This Section shall not apply to acts which were committed

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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 Section 670. The Code of Civil Procedure is amended by
5changing Section 8-802 as follows:
6 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
7 Sec. 8-802. Physician and patient. No physician or surgeon
8shall be permitted to disclose any information he or she may
9have acquired in attending any patient in a professional
10character, necessary to enable him or her professionally to
11serve the patient, except only (1) in trials for homicide when
12the disclosure relates directly to the fact or immediate
13circumstances of the homicide, (2) in actions, civil or
14criminal, against the physician for malpractice, (3) with the
15expressed consent of the patient, or in case of his or her
16death or disability, of his or her personal representative or
17other person authorized to sue for personal injury or of the
18beneficiary of an insurance policy on his or her life, health,
19or physical condition, or as authorized by Section 8-2001.5,
20(4) in all actions brought by or against the patient, his or
21her personal representative, a beneficiary under a policy of
22insurance, or the executor or administrator of his or her
23estate wherein the patient's physical or mental condition is an
24issue, (5) upon an issue as to the validity of a document as a

HB3850- 130 -LRB101 12868 LNS 61703 b
1will of the patient, (6) (blank) in any criminal action where
2the charge is either first degree murder by abortion, attempted
3abortion or abortion, (7) in actions, civil or criminal,
4arising from the filing of a report in compliance with the
5Abused and Neglected Child Reporting Act, (8) to any
6department, agency, institution or facility which has custody
7of the patient pursuant to State statute or any court order of
8commitment, (9) in prosecutions where written results of blood
9alcohol tests are admissible pursuant to Section 11-501.4 of
10the Illinois Vehicle Code, (10) in prosecutions where written
11results of blood alcohol tests are admissible under Section
125-11a of the Boat Registration and Safety Act, (11) in criminal
13actions arising from the filing of a report of suspected
14terrorist offense in compliance with Section 29D-10(p)(7) of
15the Criminal Code of 2012, (12) upon the issuance of a subpoena
16pursuant to Section 38 of the Medical Practice Act of 1987; the
17issuance of a subpoena pursuant to Section 25.1 of the Illinois
18Dental Practice Act; the issuance of a subpoena pursuant to
19Section 22 of the Nursing Home Administrators Licensing and
20Disciplinary Act; or the issuance of a subpoena pursuant to
21Section 25.5 of the Workers' Compensation Act, (13) upon the
22issuance of a grand jury subpoena pursuant to Article 112 of
23the Code of Criminal Procedure of 1963, or (14) to or through a
24health information exchange, as that term is defined in Section
252 of the Mental Health and Developmental Disabilities
26Confidentiality Act, in accordance with State or federal law.

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1 Upon disclosure under item (13) of this Section, in any
2criminal action where the charge is domestic battery,
3aggravated domestic battery, or an offense under Article 11 of
4the Criminal Code of 2012 or where the patient is under the age
5of 18 years or upon the request of the patient, the State's
6Attorney shall petition the court for a protective order
7pursuant to Supreme Court Rule 415.
8 In the event of a conflict between the application of this
9Section and the Mental Health and Developmental Disabilities
10Confidentiality Act to a specific situation, the provisions of
11the Mental Health and Developmental Disabilities
12Confidentiality Act shall control.
13(Source: P.A. 101-13, eff. 6-12-19.)
14 Section 673. The Health Care Right of Conscience Act is
15amended by changing Section 3 as follows:
16 (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
17 Sec. 3. Definitions. As used in this Act, unless the
18context clearly otherwise requires:
19 (a) "Health care" means any phase of patient care,
20 including but not limited to, testing; diagnosis;
21 prognosis; ancillary research; instructions; family
22 planning, counselling, referrals, or any other advice in
23 connection with the use or procurement of contraceptives
24 and sterilization or abortion procedures; medication; or

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1 surgery or other care or treatment rendered by a physician
2 or physicians, nurses, paraprofessionals or health care
3 facility, intended for the physical, emotional, and mental
4 well-being of persons; or an abortion as defined by the
5 Reproductive Health Act;
6 (b) "Physician" means any person who is licensed by the
7 State of Illinois under the Medical Practice Act of 1987;
8 (c) "Health care personnel" means any nurse, nurses'
9 aide, medical school student, professional,
10 paraprofessional or any other person who furnishes, or
11 assists in the furnishing of, health care services;
12 (d) "Health care facility" means any public or private
13 hospital, clinic, center, medical school, medical training
14 institution, laboratory or diagnostic facility,
15 physician's office, infirmary, dispensary, ambulatory
16 surgical treatment center or other institution or location
17 wherein health care services are provided to any person,
18 including physician organizations and associations,
19 networks, joint ventures, and all other combinations of
20 those organizations;
21 (e) "Conscience" means a sincerely held set of moral
22 convictions arising from belief in and relation to God, or
23 which, though not so derived, arises from a place in the
24 life of its possessor parallel to that filled by God among
25 adherents to religious faiths;
26 (f) "Health care payer" means a health maintenance

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1 organization, insurance company, management services
2 organization, or any other entity that pays for or arranges
3 for the payment of any health care or medical care service,
4 procedure, or product; and
5 (g) "Undue delay" means unreasonable delay that causes
6 impairment of the patient's health.
7 The above definitions include not only the traditional
8combinations and forms of these persons and organizations but
9also all new and emerging forms and combinations of these
10persons and organizations.
11(Source: P.A. 101-13, eff. 6-12-19.)
12 Section 675. The Rights of Married Persons Act is amended
13by changing Section 15 as follows:
14 (750 ILCS 65/15) (from Ch. 40, par. 1015)
15 Sec. 15. (a)(1) The expenses of the family and of the
16education of the children shall be chargeable upon the property
17of both husband and wife, or of either of them, in favor of
18creditors therefor, and in relation thereto they may be sued
19jointly or separately.
20 (2) No creditor, who has a claim against a spouse or former
21spouse for an expense incurred by that spouse or former spouse
22which is not a family expense, shall maintain an action against
23the other spouse or former spouse for that expense except:
24 (A) an expense for which the other spouse or former spouse

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1agreed, in writing, to be liable; or
2 (B) an expense for goods or merchandise purchased by or in
3the possession of the other spouse or former spouse, or for
4services ordered by the other spouse or former spouse.
5 (3) Any creditor who maintains an action in violation of
6this subsection (a) for an expense other than a family expense
7against a spouse or former spouse other than the spouse or
8former spouse who incurred the expense, shall be liable to the
9other spouse or former spouse for his or her costs, expenses
10and attorney's fees incurred in defending the action.
11 (4) No creditor shall, with respect to any claim against a
12spouse or former spouse for which the creditor is prohibited
13under this subsection (a) from maintaining an action against
14the other spouse or former spouse, engage in any collection
15efforts against the other spouse or former spouse, including,
16but not limited to, informal or formal collection attempts,
17referral of the claim to a collector or collection agency for
18collection from the other spouse or former spouse, or making
19any representation to a credit reporting agency that the other
20spouse or former spouse is any way liable for payment of the
21claim.
22 (b) (Blank). No spouse shall be liable for any expense
23incurred by the other spouse when an abortion is performed on
24such spouse, without the consent of such other spouse, unless
25the physician who performed the abortion certifies that such
26abortion is necessary to preserve the life of the spouse who

HB3850- 135 -LRB101 12868 LNS 61703 b
1obtained such abortion.
2 (c) (Blank). No parent shall be liable for any expense
3incurred by his or her minor child when an abortion is
4performed on such minor child without the consent of both
5parents of such child, if they both have custody, or the parent
6having custody, or legal guardian of such child, unless the
7physician who performed the abortion certifies that such
8abortion is necessary to preserve the life of the minor child
9who obtained such abortion.
10(Source: P.A. 101-13, eff. 6-12-19.)
11
Article 7.
12 Section 705. Effective date. This Act takes effect upon
13becoming law.

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1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 775 ILCS 55/Act rep.
5 210 ILCS 5/6.2 new
6 410 ILCS 70/9.1 new
7 735 ILCS 5/11-107.1a new
8 5 ILCS 375/6.11
9 20 ILCS 505/5from Ch. 23, par. 5005
10 5 ILCS 140/7.5
11 55 ILCS 5/3-3013from Ch. 34, par. 3-3013
12 210 ILCS 5/2from Ch. 111 1/2, par. 157-8.2
13 210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3
14 215 ILCS 5/356z.4
15 215 ILCS 5/356z.4a rep.
16 215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
17 215 ILCS 165/10from Ch. 32, par. 604
18 225 ILCS 60/22from Ch. 111, par. 4400-22
19 225 ILCS 60/36from Ch. 111, par. 4400-36
20 225 ILCS 65/65-35was 225 ILCS 65/15-15
21 225 ILCS 65/65-43
22 225 ILCS 95/7.5
23 410 ILCS 535/1from Ch. 111 1/2, par. 73-1
24 415 ILCS 5/56.1from Ch. 111 1/2, par. 1056.1
25 720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2

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