Bill Text: IL SB0025 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that as soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after emergency admission of a respondent to a mental health facility on an inpatient basis, the respondent shall be personally examined (rather than examined) by a psychiatrist. Provides that for the purpose of this provision, a personal examination includes an examination performed in real time (synchronous examination) via an Interactive Telecommunication System as defined in the Illinois Administrative Code.

Spectrum: Partisan Bill (Democrat 52-0)

Status: (Passed) 2019-06-13 - Added as Co-Sponsor Sen. Don Harmon [SB0025 Detail]

Download: Illinois-2019-SB0025-Chaptered.html



Public Act 101-0013
SB0025 EnrolledLRB101 00199 RLC 45201 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1. REPRODUCTIVE HEALTH ACT
Section 1-1. Short title. This Act may be cited as the
Reproductive Health Act.
Section 1-5. Scope. This Act sets forth the fundamental
rights of individuals to make autonomous decisions about one's
own reproductive health, including the fundamental right to use
or refuse reproductive health care. This includes the
fundamental right of an individual to use or refuse
contraception or sterilization, and to make autonomous
decisions about how to exercise that right; and the fundamental
right of an individual who becomes pregnant to continue the
pregnancy and give birth to a child, or to have an abortion,
and to make autonomous decisions about how to exercise that
right. This Act restricts the ability of the State to deny,
interfere with, or discriminate against these fundamental
rights.
The purposes of this Act are:
(1) To establish laws and policies that protect
individual decision-making in the area of reproductive
health and that support access to the full scope of quality
reproductive health care for all in our State; and
(2) To permit regulation of reproductive health care,
including contraception, abortion, and maternity care,
only to the extent that such regulation is narrowly
tailored to protect a compelling State interest, which for
the purposes of this Act means: consistent with accepted
standards of clinical practice, evidence based, and
narrowly tailored for the limited purpose of protecting the
health of people seeking such care and in the manner that
least restricts a person's autonomous decision-making.
Section 1-10. Definitions. As used in this Act:
"Abortion" means the use of any instrument, medicine, drug,
or any other substance or device to terminate the pregnancy of
an individual known to be pregnant with an intention other than
to increase the probability of a live birth, to preserve the
life or health of the child after live birth, or to remove a
dead fetus.
"Advanced practice registered nurse" has the same meaning
as it does in Section 50-10 of the Nurse Practice Act.
"Department" means the Illinois Department of Public
Health.
"Fetal viability" means that, in the professional judgment
of the attending health care professional, based on the
particular facts of the case, there is a significant likelihood
of a fetus' sustained survival outside the uterus without the
application of extraordinary medical measures.
"Health care professional" means a person who is licensed
as a physician, advanced practice registered nurse, or
physician assistant.
"Health of the patient" means all factors that are relevant
to the patient's health and well-being, including, but not
limited to, physical, emotional, psychological, and familial
health and age.
"Maternity care" means the health care provided in relation
to pregnancy, labor and childbirth, and the postpartum period,
and includes prenatal care, care during labor and birthing, and
postpartum care extending through one-year postpartum.
Maternity care shall, seek to optimize positive outcomes for
the patient, and be provided on the basis of the physical and
psychosocial needs of the patient. Notwithstanding any of the
above, all care shall be subject to the informed and voluntary
consent of the patient, or the patient's legal proxy, when the
patient is unable to give consent.
"Physician" means any person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
"Physician assistant" has the same meaning as it does in
Section 4 of the Physician Assistant Practice Act of 1987.
"Pregnancy" means the human reproductive process,
beginning with the implantation of an embryo.
"Prevailing party" has the same meaning as in the Illinois
Civil Rights Act of 2003.
"Reproductive health care" means health care offered,
arranged, or furnished for the purpose of preventing pregnancy,
terminating a pregnancy, managing pregnancy loss, or improving
maternal health and birth outcomes. Reproductive health care
includes, but is not limited to: contraception; sterilization;
preconception care; maternity care; abortion care; and
counseling regarding reproductive health care.
"State" includes any branch, department, agency,
instrumentality, and official or other person acting under
color of law of this State or a political subdivision of the
State, including any unit of local government (including a home
rule unit), school district, instrumentality, or public
subdivision.
Section 1-15. Fundamental reproductive health rights.
(a) Every individual has a fundamental right to make
autonomous decisions about the individual's own reproductive
health, including the fundamental right to use or refuse
reproductive health care.
(b) Every individual who becomes pregnant has a fundamental
right to continue the pregnancy and give birth or to have an
abortion, and to make autonomous decisions about how to
exercise that right.
(c) A fertilized egg, embryo, or fetus does not have
independent rights under the laws of this State.
Section 1-20. Prohibited State actions; causes of action.
(a)The State shall not:
(1) deny, restrict, interfere with, or discriminate
against an individual's exercise of the fundamental rights
set forth in this Act, including individuals under State
custody, control, or supervision; or
(2) prosecute, punish, or otherwise deprive any
individual of the individual's rights for any act or
failure to act during the individual's own pregnancy, if
the predominant basis for such prosecution, punishment, or
deprivation of rights is the potential, actual, or
perceived impact on the pregnancy or its outcomes or on the
pregnant individual's own health.
(b) Any party aggrieved by conduct or regulation in
violation of this Act may bring a civil lawsuit, in a federal
district court or State circuit court, against the offending
unit of government. Any State claim brought in federal district
court shall be a supplemental claim to a federal claim.
(c) Upon motion, a court shall award reasonable attorney's
fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party
in any action brought pursuant to this Section. In awarding
reasonable attorney's fees, the court shall consider the degree
to which the relief obtained relates to the relief sought.
Section 1-25. Reporting of abortions performed by health
care professionals.
(a) A health care professional may provide abortion care in
accordance with the health care professional's professional
judgment and training and based on accepted standards of
clinical practice consistent with the scope of his or her
practice under the Medical Practice Act of 1987, the Nurse
Practice Act, or the Physician Assistant Practice Act of 1987.
If the health care professional determines that there is fetal
viability, the health care professional may provide abortion
care only if, in the professional judgment of the health care
professional, the abortion is necessary to protect the life or
health of the patient.
(b) A report of each abortion performed by a health care
professional shall be made to the Department on forms
prescribed by it. Such reports shall be transmitted to the
Department not later than 10 days following the end of the
month in which the abortion is performed.
(c) The abortion reporting forms prescribed by the
Department shall not request or require information that
identifies a patient by name or any other identifying
information, and the Department shall secure anonymity of all
patients and health care professionals.
(d) All reports received by the Department pursuant to this
Section shall be treated as confidential and exempt from the
Freedom of Information Act. Access to such reports shall be
limited to authorized Department staff who shall use the
reports for statistical purposes only. Such reports must be
destroyed within 2 years after date of receipt.
Section 1-30. Application.
(a) This Act applies to all State laws, ordinances,
policies, procedures, practices, and governmental actions and
their implementation, whether statutory or otherwise and
whether adopted before or after the effective date of this Act.
(b) Nothing in this Act shall be construed to authorize the
State to burden any individual's fundamental rights relating to
reproductive health care.
Section 1-35. Home rule powers limitation. A unit of local
government may enact ordinances, standards, rules, or
regulations that protect an individual's ability to freely
exercise the fundamental rights set forth in this Act in a
manner or to an extent equal to or greater than the protection
provided in this Act. A unit of local government may not
regulate an individual's ability to freely exercise the
fundamental rights set forth in this Act in a manner more
restrictive than that set forth in this Act. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
Section 1-97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Article 905. REPEALS
(210 ILCS 5/6.1 rep.)
Section 905-5. The Ambulatory Surgical Treatment Center
Act is amended by repealing Section 6.1.
(410 ILCS 70/9 rep.)
Section 905-10. The Sexual Assault Survivors Emergency
Treatment Act is amended by repealing Section 9.
(720 ILCS 510/Act rep.)
Section 905-15. The Illinois Abortion Law of 1975 is
repealed.
(720 ILCS 513/Act rep.)
Section 905-20. The Partial-birth Abortion Ban Act is
repealed.
(735 ILCS 5/11-107.1 rep.)
Section 905-25. The Code of Civil Procedure is amended by
repealing Section 11-107.1.
(745 ILCS 30/Act rep.)
Section 905-30. The Abortion Performance Refusal Act is
repealed.
Article 910. AMENDMENTS
Section 910-5. The State Employees Group Insurance Act of
1971 is amended by changing Section 6.11 as follows:
(5 ILCS 375/6.11)
(Text of Section before amendment by P.A. 100-1170)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall provide
the post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t of
the Illinois Insurance Code. The program of health benefits
shall provide the coverage required under Sections 356g,
356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and
356z.26, and 356z.29, and 356z.32 of the Illinois Insurance
Code. The program of health benefits must comply with Sections
155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the
Illinois Insurance Code. The Department of Insurance shall
enforce the requirements of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
1-8-19.)
(Text of Section after amendment by P.A. 100-1170)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall provide
the post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t of
the Illinois Insurance Code. The program of health benefits
shall provide the coverage required under Sections 356g,
356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,
356z.29, and 356z.32 of the Illinois Insurance Code. The
program of health benefits must comply with Sections 155.22a,
155.37, 355b, 356z.19, 370c, and 370c.1 of the Illinois
Insurance Code. The Department of Insurance shall enforce the
requirements of this Section with respect to Sections 370c and
370c.1 of the Illinois Insurance Code; all other requirements
of this Section shall be enforced by the Department of Central
Management Services.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19;
100-1170, eff. 6-1-19.)
Section 910-10. The Children and Family Services Act is
amended by changing Section 5 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State who
are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and training by
the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless, dependent
or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the child
and the families when the child can be cared for at
home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) (Blank). Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance use
disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth
in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. An independent basis exists
when the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to attend
any hearing involving a youth in the care and custody of the
Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
(l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family to
provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such temporary
custody signed by the parents of the child or by the parent
having custody of the child if the parents are not living
together or by the guardian or custodian of the child if
the child is not in the custody of either parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10-day period,
the child shall be surrendered to the custody of the requesting
parent, guardian or custodian not later than the expiration of
the 10-day period, at which time the authority and duties of
the Department with respect to the temporary custody of the
child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a youth in care who was placed in the care of the
Department before being subject to placement in a correctional
facility and a court of competent jurisdiction has ordered
placement of the child in a secure care facility.
(n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Youth in
care who are placed by private child welfare agencies, and
foster families with whom those youth are placed, shall be
afforded the same procedural and appeal rights as children and
families in the case of placement by the Department, including
the right to an initial review of a private agency decision by
that agency. The Department shall ensure that any private child
welfare agency, which accepts youth in care for placement,
affords those rights to children and foster families. The
Department shall accept for administrative review and an appeal
hearing a complaint made by (i) a child or foster family
concerning a decision following an initial review by a private
child welfare agency or (ii) a prospective adoptive parent who
alleges a violation of subsection (j-5) of this Section. An
appeal of a decision concerning a change in the placement of a
child shall be conducted in an expedited manner. A court
determination that a current foster home placement is necessary
and appropriate under Section 2-28 of the Juvenile Court Act of
1987 does not constitute a judicial determination on the merits
of an administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or his or her designee must
approve disbursements from children's accounts. The
Department shall be responsible for keeping complete
records of all disbursements for each account for any
purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of
such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither party
is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client service
plan, including any visitation arrangement, and all
amendments or revisions to it as related to the child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
(v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Department of State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
10-3-18.)
Section 910-15. The Freedom of Information Act is amended
by changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) (ll) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) (ll) Information that is exempt from disclosure
under Section 70 of the Higher Education Student Assistance
Act.
(oo) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
Section 910-20. The Counties Code is amended by changing
Section 3-3013 as follows:
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever, as
soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal or accidental, including but not
limited to deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical or radiational
injury, or a complication of any of them, or by drowning or
suffocation, or as a result of domestic violence as defined
in the Illinois Domestic Violence Act of 1986;
(b) A maternal or fetal death due to abortion, or any
death due to a sex crime or a crime against nature;
(c) A death where the circumstances are suspicious,
obscure, mysterious or otherwise unexplained or where, in
the written opinion of the attending physician, the cause
of death is not determined;
(d) A death where addiction to alcohol or to any drug
may have been a contributory cause; or
(e) A death where the decedent was not attended by a
licensed physician;
shall go to the place where the dead body is, and take charge
of the same and shall make a preliminary investigation into the
circumstances of the death. In the case of death without
attendance by a licensed physician the body may be moved with
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify such
physician as is designated in accordance with Section 3-3014 to
attempt to ascertain the cause of death, either by autopsy or
otherwise.
In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected operator
of a motor vehicle, or (2) a pedestrian 16 years of age or
older, the coroner shall require that a blood specimen of at
least 30 cc., and if medically possible a urine specimen of at
least 30 cc. or as much as possible up to 30 cc., be withdrawn
from the body of the decedent in a timely fashion after the
accident causing his death, by such physician as has been
designated in accordance with Section 3-3014, or by the coroner
or deputy coroner or a qualified person designated by such
physician, coroner, or deputy coroner. If the county does not
maintain laboratory facilities for making such analysis, the
blood and urine so drawn shall be sent to the Department of
State Police or any other accredited or State-certified
laboratory for analysis of the alcohol, carbon monoxide, and
dangerous or narcotic drug content of such blood and urine
specimens. Each specimen submitted shall be accompanied by
pertinent information concerning the decedent upon a form
prescribed by such laboratory. Any person drawing blood and
urine and any person making any examination of the blood and
urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred
or imposed.
In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e) above,
blood, and whenever possible, urine samples shall be analyzed
for the presence of alcohol and other drugs. When the coroner
suspects that drugs may have been involved in the death, either
directly or indirectly, a toxicological examination shall be
performed which may include analyses of blood, urine, bile,
gastric contents and other tissues. When the coroner suspects a
death is due to toxic substances, other than drugs, the coroner
shall consult with the toxicologist prior to collection of
samples. Information submitted to the toxicologist shall
include information as to height, weight, age, sex and race of
the decedent as well as medical history, medications used by
and the manner of death of decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical
examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit the
specimens using the agency case number to a National DNA Index
System (NDIS) participating laboratory within this State, such
as the Illinois Department of State Police, Division of
Forensic Services, for analysis and categorizing into genetic
marker groupings. The results of the analysis and categorizing
into genetic marker groupings shall be provided to the Illinois
Department of State Police and shall be maintained by the
Illinois Department of State Police in the State central
repository in the same manner, and subject to the same
conditions, as provided in Section 5-4-3 of the Unified Code of
Corrections. The requirements of this paragraph are in addition
to any other findings, specimens, or information that the
coroner or medical examiner is required to provide during the
conduct of a criminal investigation.
In all counties, in cases of apparent suicide, homicide, or
accidental death or in other cases, within the discretion of
the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgement which the coroner deems practical and
provides a reliable proof of service. The summons may be served
by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.
Inquests may be continued from time to time, as the coroner may
deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the vacancy
or vacancies. At the coroner's discretion, additional jurors to
fill such vacancies shall be supplied by the jury commission. A
juror serving pursuant to this paragraph in such county shall
receive compensation from the county at the same rate as the
rate of compensation that is paid to petit or grand jurors in
the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in a
manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors, the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Department of State Police.
All deaths in State institutions and all deaths of wards of
the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by the
Department of Children and Family Services shall be reported to
the coroner of the county in which the facility is located. If
the coroner has reason to believe that an investigation is
needed to determine whether the death was caused by
maltreatment or negligent care of the ward of the State or
youth in care as defined in Section 4d of the Children and
Family Services Act, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases of
death under circumstances set forth in paragraphs (a) through
(e) of this Section.
(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
eff. 7-28-16; 100-159, eff. 8-18-17.)
Section 910-25. The Ambulatory Surgical Treatment Center
Act is amended by changing Section 2, and 3 as follows:
(210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
Sec. 2. It is declared to be the public policy that the
State has a legitimate interest in assuring that all medical
procedures, including abortions, are performed under
circumstances that insure maximum safety. Therefore, the
purpose of this Act is to provide for the better protection of
the public health through the development, establishment, and
enforcement of standards (1) for the care of individuals in
ambulatory surgical treatment centers, and (2) for the
construction, maintenance and operation of ambulatory surgical
treatment centers, which, in light of advancing knowledge, will
promote safe and adequate treatment of such individuals in
ambulatory surgical treatment centers.
(Source: P.A. 78-227.)
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
(A) "Ambulatory surgical treatment center" means any
institution, place or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures. "Ambulatory surgical treatment center"
includes any place that meets and complies with the definition
of an ambulatory surgical treatment center under the rules
adopted by the Department or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,
facilities devoted exclusively to the treatment of children may
provide accommodations and beds for their patients for up to 23
hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred to
a hospital.
The term "ambulatory surgical treatment center" does not
include any of the following:
(1) Any institution, place, building or agency
required to be licensed pursuant to the "Hospital Licensing
Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act.
(3) Hospitals or ambulatory surgical treatment centers
maintained by the State or any department or agency
thereof, where such department or agency has authority
under law to establish and enforce standards for the
hospitals or ambulatory surgical treatment centers under
its management and control.
(4) Hospitals or ambulatory surgical treatment centers
maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted
exclusively to the performance of dental or oral surgical
procedures.
(6) Any facility in which the performance of abortion
procedures, including procedures to terminate a pregnancy
or to manage pregnancy loss, is limited to those performed
without general, epidural, or spinal anesthesia, and which
is not otherwise required to be an ambulatory surgical
treatment center. For purposes of this paragraph,
"general, epidural, or spinal anesthesia" does not include
local anesthesia or intravenous sedation. Nothing in this
paragraph shall be construed to limit any such facility
from voluntarily electing to apply for licensure as an
ambulatory surgical treatment center.
(B) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of the Department of
Public Health of the State of Illinois.
(E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.
(F) "Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
(G) "Podiatric physician" means a person licensed to
practice podiatry under the Podiatric Medical Practice Act of
1987.
(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15;
99-180, eff. 7-29-15.)
Section 910-30. The Illinois Insurance Code is amended by
changing Section 356z.4 and adding 356z.4a as follows:
(215 ILCS 5/356z.4)
Sec. 356z.4. Coverage for contraceptives.
(a)(1) The General Assembly hereby finds and declares all
of the following:
(A) Illinois has a long history of expanding timely
access to birth control to prevent unintended pregnancy.
(B) The federal Patient Protection and Affordable Care
Act includes a contraceptive coverage guarantee as part of
a broader requirement for health insurance to cover key
preventive care services without out-of-pocket costs for
patients.
(C) The General Assembly intends to build on existing
State and federal law to promote gender equity and women's
health and to ensure greater contraceptive coverage equity
and timely access to all federal Food and Drug
Administration approved methods of birth control for all
individuals covered by an individual or group health
insurance policy in Illinois.
(D) Medical management techniques such as denials,
step therapy, or prior authorization in public and private
health care coverage can impede access to the most
effective contraceptive methods.
(2) As used in this subsection (a):
"Contraceptive services" includes consultations,
examinations, procedures, and medical services related to the
use of contraceptive methods (including natural family
planning) to prevent an unintended pregnancy.
"Medical necessity", for the purposes of this subsection
(a), includes, but is not limited to, considerations such as
severity of side effects, differences in permanence and
reversibility of contraceptive, and ability to adhere to the
appropriate use of the item or service, as determined by the
attending provider.
"Therapeutic equivalent version" means drugs, devices, or
products that can be expected to have the same clinical effect
and safety profile when administered to patients under the
conditions specified in the labeling and satisfy the following
general criteria:
(i) they are approved as safe and effective;
(ii) they are pharmaceutical equivalents in that they
(A) contain identical amounts of the same active drug
ingredient in the same dosage form and route of
administration and (B) meet compendial or other applicable
standards of strength, quality, purity, and identity;
(iii) they are bioequivalent in that (A) they do not
present a known or potential bioequivalence problem and
they meet an acceptable in vitro standard or (B) if they do
present such a known or potential problem, they are shown
to meet an appropriate bioequivalence standard;
(iv) they are adequately labeled; and
(v) they are manufactured in compliance with Current
Good Manufacturing Practice regulations.
(3) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after the effective date of this amendatory Act of the 99th
General Assembly shall provide coverage for all of the
following services and contraceptive methods:
(A) All contraceptive drugs, devices, and other
products approved by the United States Food and Drug
Administration. This includes all over-the-counter
contraceptive drugs, devices, and products approved by the
United States Food and Drug Administration, excluding male
condoms. The following apply:
(i) If the United States Food and Drug
Administration has approved one or more therapeutic
equivalent versions of a contraceptive drug, device,
or product, a policy is not required to include all
such therapeutic equivalent versions in its formulary,
so long as at least one is included and covered without
cost-sharing and in accordance with this Section.
(ii) If an individual's attending provider
recommends a particular service or item approved by the
United States Food and Drug Administration based on a
determination of medical necessity with respect to
that individual, the plan or issuer must cover that
service or item without cost sharing. The plan or
issuer must defer to the determination of the attending
provider.
(iii) If a drug, device, or product is not covered,
plans and issuers must have an easily accessible,
transparent, and sufficiently expedient process that
is not unduly burdensome on the individual or a
provider or other individual acting as a patient's
authorized representative to ensure coverage without
cost sharing.
(iv) This coverage must provide for the dispensing
of 12 months' worth of contraception at one time.
(B) Voluntary sterilization procedures.
(C) Contraceptive services, patient education, and
counseling on contraception.
(D) Follow-up services related to the drugs, devices,
products, and procedures covered under this Section,
including, but not limited to, management of side effects,
counseling for continued adherence, and device insertion
and removal.
(4) Except as otherwise provided in this subsection (a), a
policy subject to this subsection (a) shall not impose a
deductible, coinsurance, copayment, or any other cost-sharing
requirement on the coverage provided. The provisions of this
paragraph do not apply to coverage of voluntary male
sterilization procedures to the extent such coverage would
disqualify a high-deductible health plan from eligibility for a
health savings account pursuant to the federal Internal Revenue
Code, 26 U.S.C. 223.
(5) Except as otherwise authorized under this subsection
(a), a policy shall not impose any restrictions or delays on
the coverage required under this subsection (a).
(6) If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register or publishes a comment in the Federal Register
or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Public Law 111-148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of any coverage
outlined in this subsection (a), then this subsection (a) is
inoperative with respect to all coverage outlined in this
subsection (a) other than that authorized under Section 1902 of
the Social Security Act, 42 U.S.C. 1396a, and the State shall
not assume any obligation for the cost of the coverage set
forth in this subsection (a).
(b) This subsection (b) shall become operative if and only
if subsection (a) becomes inoperative.
An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after the date this subsection (b) becomes operative that
provides coverage for outpatient services and outpatient
prescription drugs or devices must provide coverage for the
insured and any dependent of the insured covered by the policy
for all outpatient contraceptive services and all outpatient
contraceptive drugs and devices approved by the Food and Drug
Administration. Coverage required under this Section may not
impose any deductible, coinsurance, waiting period, or other
cost-sharing or limitation that is greater than that required
for any outpatient service or outpatient prescription drug or
device otherwise covered by the policy.
Nothing in this subsection (b) shall be construed to
require an insurance company to cover services related to
permanent sterilization that requires a surgical procedure.
As used in this subsection (b), "outpatient contraceptive
service" means consultations, examinations, procedures, and
medical services, provided on an outpatient basis and related
to the use of contraceptive methods (including natural family
planning) to prevent an unintended pregnancy.
(c) (Blank). Nothing in this Section shall be construed to
require an insurance company to cover services related to an
abortion as the term "abortion" is defined in the Illinois
Abortion Law of 1975.
(d) If a plan or issuer utilizes a network of providers,
nothing in this Section shall be construed to require coverage
or to prohibit the plan or issuer from imposing cost-sharing
for items or services described in this Section that are
provided or delivered by an out-of-network provider, unless the
plan or issuer does not have in its network a provider who is
able to or is willing to provide the applicable items or
services.
(Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19.)
(215 ILCS 5/356z.4a new)
Sec. 356z.4a. Coverage for abortion.
(a) Except as otherwise provided in this Section, no
individual or group policy of accident and health insurance
that provides pregnancy-related benefits may be issued,
amended, delivered, or renewed in this State after the
effective date of this amendatory Act of the 101st General
Assembly unless the policy provides a covered person with
coverage for abortion care.
(b) Coverage for abortion care may not impose any
deductible, coinsurance, waiting period, or other cost-sharing
limitation that is greater than that required for other
pregnancy-related benefits covered by the policy.
(c) Except as otherwise authorized under this Section, a
policy shall not impose any restrictions or delays on the
coverage required under this Section.
(d) This Section does not, pursuant to 42 U.S.C.
18054(a)(6), apply to a multistate plan that does not provide
coverage for abortion.
(e) If the Department concludes that enforcement of this
Section may adversely affect the allocation of federal funds to
this State, the Department may grant an exemption to the
requirements, but only to the minimum extent necessary to
ensure the continued receipt of federal funds.
Section 910-35. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,
409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
(b) For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are
deemed to be "domestic companies":
(1) a corporation authorized under the Dental Service
Plan Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article VIII
1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to
the continuation of benefits to enrollees and the financial
conditions of the acquired Health Maintenance Organization
after the merger, consolidation, or other acquisition of
control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and
the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as of
a date 90 days prior to the acquisition, as well as pro
forma financial statements reflecting projected
combined operation for a period of 2 years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the operation
of the Health Maintenance Organization sought to be
acquired for a period of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including without limitation the health
maintenance organization's right, title, and interest in and to
its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code, take
into account the effect of the management contract or service
agreement on the continuation of benefits to enrollees and the
financial condition of the health maintenance organization to
be managed or serviced, and (ii) need not take into account the
effect of the management contract or service agreement on
competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a Health
Maintenance Organization may by contract agree with a group or
other enrollment unit to effect refunds or charge additional
premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth
in the group or enrollment unit contract agreed in advance
of the period for which a refund is to be paid or
additional premium is to be charged (which period shall not
be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to be
made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the profitable
or unprofitable experience may be calculated taking into
account the refund period and the immediately preceding 2
plan years.
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and the
resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(g) Rulemaking authority to implement Public Act 95-1045,
if any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.
8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
10-4-18.)
Section 910-40. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1, 402, 403,
403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
Section 367 of the Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)
Section 910-45. The Medical Practice Act of 1987 is amended
by changing Section 22 and 36 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2019)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
(1) (Blank). Performance of an elective abortion in any
place, locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its
management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) (Blank). Performance of an abortion procedure in a
willful and wanton manner on a woman who was not pregnant
at the time the abortion procedure was performed.
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor of
chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Disciplinary Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims against
the medical assistance program of the Department of
Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any
medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Pilot Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective Services
Act, and upon proof by clear and convincing evidence that
the licensee abused, neglected, or financially exploited
an eligible adult as defined in the Adult Protective
Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination and evaluation, or both, when
directed, shall result in an automatic suspension, without
hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions or restrictions who shall fail to comply with such
terms, conditions or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by the
Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In
instances in which the Secretary immediately suspends a license
under this Section, a hearing upon such person's license must
be convened by the Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device; or
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics.
(D) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
12-19-18.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on December 31, 2019)
Sec. 36. Investigation; notice.
(a) Upon the motion of either the Department or the
Disciplinary Board or upon the verified complaint in writing of
any person setting forth facts which, if proven, would
constitute grounds for suspension or revocation under Section
22 of this Act, the Department shall investigate the actions of
any person, so accused, who holds or represents that they hold
a license. Such person is hereinafter called the accused.
(b) The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges before
the Disciplinary Board, direct them to file their written
answer thereto to the Disciplinary Board under oath within 20
days after the service on them of such notice and inform them
that if they fail to file such answer default will be taken
against them and their license may be suspended, revoked,
placed on probationary status, or have other disciplinary
action, including limiting the scope, nature or extent of their
practice, as the Department may deem proper taken with regard
thereto. The Department shall, at least 14 days prior to the
date set for the hearing, notify in writing any person who
filed a complaint against the accused of the time and place for
the hearing of the charges against the accused before the
Disciplinary Board and inform such person whether he or she may
provide testimony at the hearing.
(c) (Blank). Where a physician has been found, upon
complaint and investigation of the Department, and after
hearing, to have performed an abortion procedure in a wilful
and wanton manner upon a woman who was not pregnant at the time
such abortion procedure was performed, the Department shall
automatically revoke the license of such physician to practice
medicine in Illinois.
(d) Such written notice and any notice in such proceedings
thereafter may be served by delivery of the same, personally,
to the accused person, or by mailing the same by registered or
certified mail to the accused person's address of record.
(e) All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, Disciplinary Board,
the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the
Disciplinary Board's attorneys, the medical investigative
staff, and authorized clerical staff, as provided in this Act
and shall be afforded the same status as is provided
information concerning medical studies in Part 21 of Article
VIII of the Code of Civil Procedure, except that the Department
may disclose information and documents to a federal, State, or
local law enforcement agency pursuant to a subpoena in an
ongoing criminal investigation to a health care licensing body
of this State or another state or jurisdiction pursuant to an
official request made by that licensing body. Furthermore,
information and documents disclosed to a federal, State, or
local law enforcement agency may be used by that agency only
for the investigation and prosecution of a criminal offense or,
in the case of disclosure to a health care licensing body, only
for investigations and disciplinary action proceedings with
regard to a license issued by that licensing body.
(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
98-1140, eff. 12-30-14.)
Section 910-50. The Nurse Practice Act is amended by
changing Section 65-35 and 65-43 as follows:
(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-35. Written collaborative agreements.
(a) A written collaborative agreement is required for all
advanced practice registered nurses engaged in clinical
practice prior to meeting the requirements of Section 65-43,
except for advanced practice registered nurses who are
privileged to practice in a hospital, hospital affiliate, or
ambulatory surgical treatment center.
(a-5) If an advanced practice registered nurse engages in
clinical practice outside of a hospital, hospital affiliate, or
ambulatory surgical treatment center in which he or she is
privileged to practice, the advanced practice registered nurse
must have a written collaborative agreement, except as set
forth in Section 65-43.
(b) A written collaborative agreement shall describe the
relationship of the advanced practice registered nurse with the
collaborating physician and shall describe the categories of
care, treatment, or procedures to be provided by the advanced
practice registered nurse. A collaborative agreement with a
podiatric physician must be in accordance with subsection (c-5)
or (c-15) of this Section. A collaborative agreement with a
dentist must be in accordance with subsection (c-10) of this
Section. A collaborative agreement with a podiatric physician
must be in accordance with subsection (c-5) of this Section.
Collaboration does not require an employment relationship
between the collaborating physician and the advanced practice
registered nurse.
The collaborative relationship under an agreement shall
not be construed to require the personal presence of a
collaborating physician at the place where services are
rendered. Methods of communication shall be available for
consultation with the collaborating physician in person or by
telecommunications or electronic communications as set forth
in the written agreement.
(b-5) Absent an employment relationship, a written
collaborative agreement may not (1) restrict the categories of
patients of an advanced practice registered nurse within the
scope of the advanced practice registered nurses training and
experience, (2) limit third party payors or government health
programs, such as the medical assistance program or Medicare
with which the advanced practice registered nurse contracts, or
(3) limit the geographic area or practice location of the
advanced practice registered nurse in this State.
(c) In the case of anesthesia services provided by a
certified registered nurse anesthetist, an anesthesiologist, a
physician, a dentist, or a podiatric physician must participate
through discussion of and agreement with the anesthesia plan
and remain physically present and available on the premises
during the delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical conditions.
(c-5) A certified registered nurse anesthetist, who
provides anesthesia services outside of a hospital or
ambulatory surgical treatment center shall enter into a written
collaborative agreement with an anesthesiologist or the
physician licensed to practice medicine in all its branches or
the podiatric physician performing the procedure. Outside of a
hospital or ambulatory surgical treatment center, the
certified registered nurse anesthetist may provide only those
services that the collaborating podiatric physician is
authorized to provide pursuant to the Podiatric Medical
Practice Act of 1987 and rules adopted thereunder. A certified
registered nurse anesthetist may select, order, and administer
medication, including controlled substances, and apply
appropriate medical devices for delivery of anesthesia
services under the anesthesia plan agreed with by the
anesthesiologist or the operating physician or operating
podiatric physician.
(c-10) A certified registered nurse anesthetist who
provides anesthesia services in a dental office shall enter
into a written collaborative agreement with an
anesthesiologist or the physician licensed to practice
medicine in all its branches or the operating dentist
performing the procedure. The agreement shall describe the
working relationship of the certified registered nurse
anesthetist and dentist and shall authorize the categories of
care, treatment, or procedures to be performed by the certified
registered nurse anesthetist. In a collaborating dentist's
office, the certified registered nurse anesthetist may only
provide those services that the operating dentist with the
appropriate permit is authorized to provide pursuant to the
Illinois Dental Practice Act and rules adopted thereunder. For
anesthesia services, an anesthesiologist, physician, or
operating dentist shall participate through discussion of and
agreement with the anesthesia plan and shall remain physically
present and be available on the premises during the delivery of
anesthesia services for diagnosis, consultation, and treatment
of emergency medical conditions. A certified registered nurse
anesthetist may select, order, and administer medication,
including controlled substances, and apply appropriate medical
devices for delivery of anesthesia services under the
anesthesia plan agreed with by the operating dentist.
(c-15) An advanced practice registered nurse who had a
written collaborative agreement with a podiatric physician
immediately before the effective date of Public Act 100-513 may
continue in that collaborative relationship or enter into a new
written collaborative relationship with a podiatric physician
under the requirements of this Section and Section 65-40, as
those Sections existed immediately before the amendment of
those Sections by Public Act 100-513 with regard to a written
collaborative agreement between an advanced practice
registered nurse and a podiatric physician.
(d) A copy of the signed, written collaborative agreement
must be available to the Department upon request from both the
advanced practice registered nurse and the collaborating
physician, dentist, or podiatric physician.
(e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons in accordance with Section 54.2 of the Medical Practice
Act of 1987. Nothing in this Act shall be construed to limit
the method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(e-5) Nothing in this Act shall be construed to authorize
an advanced practice registered nurse to provide health care
services required by law or rule to be performed by a
physician. The scope of practice of an advanced practice
registered nurse does not include operative surgery. Nothing in
this Section shall be construed to preclude an advanced
practice registered nurse from assisting in surgery , including
those acts to be performed by a physician in Section 3.1 of the
Illinois Abortion Law of 1975.
(f) An advanced practice registered nurse shall inform each
collaborating physician, dentist, or podiatric physician of
all collaborative agreements he or she has signed and provide a
copy of these to any collaborating physician, dentist, or
podiatric physician upon request.
(g) (Blank).
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;
100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)
(225 ILCS 65/65-43)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-43. Full practice authority.
(a) An Illinois-licensed advanced practice registered
nurse certified as a nurse practitioner, nurse midwife, or
clinical nurse specialist shall be deemed by law to possess the
ability to practice without a written collaborative agreement
as set forth in this Section.
(b) An advanced practice registered nurse certified as a
nurse midwife, clinical nurse specialist, or nurse
practitioner who files with the Department a notarized
attestation of completion of at least 250 hours of continuing
education or training and at least 4,000 hours of clinical
experience after first attaining national certification shall
not require a written collaborative agreement, except as
specified in subsection (c). Documentation of successful
completion shall be provided to the Department upon request.
Continuing education or training hours required by
subsection (b) shall be in the advanced practice registered
nurse's area of certification as set forth by Department rule.
The clinical experience must be in the advanced practice
registered nurse's area of certification. The clinical
experience shall be in collaboration with a physician or
physicians. Completion of the clinical experience must be
attested to by the collaborating physician or physicians and
the advanced practice registered nurse.
(c) The scope of practice of an advanced practice
registered nurse with full practice authority includes:
(1) all matters included in subsection (c) of Section
65-30 of this Act;
(2) practicing without a written collaborative
agreement in all practice settings consistent with
national certification;
(3) authority to prescribe both legend drugs and
Schedule II through V controlled substances; this
authority includes prescription of, selection of, orders
for, administration of, storage of, acceptance of samples
of, and dispensing over the counter medications, legend
drugs, and controlled substances categorized as any
Schedule II through V controlled substances, as defined in
Article II of the Illinois Controlled Substances Act, and
other preparations, including, but not limited to,
botanical and herbal remedies;
(4) prescribing benzodiazepines or Schedule II
narcotic drugs, such as opioids, only in a consultation
relationship with a physician; this consultation
relationship shall be recorded in the Prescription
Monitoring Program website, pursuant to Section 316 of the
Illinois Controlled Substances Act, by the physician and
advanced practice registered nurse with full practice
authority and is not required to be filed with the
Department; the specific Schedule II narcotic drug must be
identified by either brand name or generic name; the
specific Schedule II narcotic drug, such as an opioid, may
be administered by oral dosage or topical or transdermal
application; delivery by injection or other route of
administration is not permitted; at least monthly, the
advanced practice registered nurse and the physician must
discuss the condition of any patients for whom a
benzodiazepine or opioid is prescribed; nothing in this
subsection shall be construed to require a prescription by
an advanced practice registered nurse with full practice
authority to require a physician name;
(5) authority to obtain an Illinois controlled
substance license and a federal Drug Enforcement
Administration number; and
(6) use of only local anesthetic.
The scope of practice of an advanced practice registered
nurse does not include operative surgery. Nothing in this
Section shall be construed to preclude an advanced practice
registered nurse from assisting in surgery.
(d) The Department may adopt rules necessary to administer
this Section, including, but not limited to, requiring the
completion of forms and the payment of fees.
(e) Nothing in this Act shall be construed to authorize an
advanced practice registered nurse with full practice
authority to provide health care services required by law or
rule to be performed by a physician, including, but not limited
to, those acts to be performed by a physician in Section 3.1 of
the Illinois Abortion Law of 1975.
(Source: P.A. 100-513, eff. 1-1-18.)
Section 910-53. The Physician Assistant Practice Act of
1987 is amended by changing Section 7.5 as follows:
(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7.5. Written collaborative agreements; prescriptive
authority.
(a) A written collaborative agreement is required for all
physician assistants to practice in the State, except as
provided in Section 7.7 of this Act.
(1) A written collaborative agreement shall describe
the working relationship of the physician assistant with
the collaborating physician and shall describe the
categories of care, treatment, or procedures to be provided
by the physician assistant. The written collaborative
agreement shall promote the exercise of professional
judgment by the physician assistant commensurate with his
or her education and experience. The services to be
provided by the physician assistant shall be services that
the collaborating physician is authorized to and generally
provides to his or her patients in the normal course of his
or her clinical medical practice. The written
collaborative agreement need not describe the exact steps
that a physician assistant must take with respect to each
specific condition, disease, or symptom but must specify
which authorized procedures require the presence of the
collaborating physician as the procedures are being
performed. The relationship under a written collaborative
agreement shall not be construed to require the personal
presence of a physician at the place where services are
rendered. Methods of communication shall be available for
consultation with the collaborating physician in person or
by telecommunications or electronic communications as set
forth in the written collaborative agreement. For the
purposes of this Act, "generally provides to his or her
patients in the normal course of his or her clinical
medical practice" means services, not specific tasks or
duties, the collaborating physician routinely provides
individually or through delegation to other persons so that
the physician has the experience and ability to collaborate
and provide consultation.
(2) The written collaborative agreement shall be
adequate if a physician does each of the following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the
physician assistant and he or she periodically reviews
such orders and the services provided patients under
such orders in accordance with accepted standards of
medical practice and physician assistant practice.
(B) Provides consultation at least once a month.
(3) A copy of the signed, written collaborative
agreement must be available to the Department upon request
from both the physician assistant and the collaborating
physician.
(4) A physician assistant shall inform each
collaborating physician of all written collaborative
agreements he or she has signed and provide a copy of these
to any collaborating physician upon request.
(b) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement. This authority may,
but is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing medical devices, over the counter
medications, legend drugs, medical gases, and controlled
substances categorized as Schedule II through V controlled
substances, as defined in Article II of the Illinois Controlled
Substances Act, and other preparations, including, but not
limited to, botanical and herbal remedies. The collaborating
physician must have a valid, current Illinois controlled
substance license and federal registration with the Drug
Enforcement Agency to delegate the authority to prescribe
controlled substances.
(1) To prescribe Schedule II, III, IV, or V controlled
substances under this Section, a physician assistant must
obtain a mid-level practitioner controlled substances
license. Medication orders issued by a physician assistant
shall be reviewed periodically by the collaborating
physician.
(2) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority
to a physician assistant and termination of delegation,
specifying the authority delegated or terminated. Upon
receipt of this notice delegating authority to prescribe
controlled substances, the physician assistant shall be
eligible to register for a mid-level practitioner
controlled substances license under Section 303.05 of the
Illinois Controlled Substances Act. Nothing in this Act
shall be construed to limit the delegation of tasks or
duties by the collaborating physician to a nurse or other
appropriately trained persons in accordance with Section
54.2 of the Medical Practice Act of 1987.
(3) In addition to the requirements of this subsection
(b), a collaborating physician may, but is not required to,
delegate authority to a physician assistant to prescribe
Schedule II controlled substances, if all of the following
conditions apply:
(A) Specific Schedule II controlled substances by
oral dosage or topical or transdermal application may
be delegated, provided that the delegated Schedule II
controlled substances are routinely prescribed by the
collaborating physician. This delegation must identify
the specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection or
other route of administration may not be delegated.
(B) (Blank).
(C) Any prescription must be limited to no more
than a 30-day supply, with any continuation authorized
only after prior approval of the collaborating
physician.
(D) The physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the collaborating
physician.
(E) The physician assistant meets the education
requirements of Section 303.05 of the Illinois
Controlled Substances Act.
(c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
Nothing in this Act shall be construed to authorize a physician
assistant to provide health care services required by law or
rule to be performed by a physician. Nothing in this Act shall
be construed to authorize the delegation or performance of
operative surgery. Nothing in this Section shall be construed
to preclude a physician assistant from assisting in surgery.
(c-5) Nothing in this Section shall be construed to apply
to any medication authority, including Schedule II controlled
substances of a licensed physician assistant for care provided
in a hospital, hospital affiliate, or ambulatory surgical
treatment center pursuant to Section 7.7 of this Act.
(d) (Blank).
(e) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 100-453, eff. 8-25-17.)
Section 910-55. The Vital Records Act is amended by
changing Section 1 as follows:
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
Sec. 1. As used in this Act, unless the context otherwise
requires:
(1) "Vital records" means records of births, deaths, fetal
deaths, marriages, dissolution of marriages, and data related
thereto.
(2) "System of vital records" includes the registration,
collection, preservation, amendment, and certification of
vital records, and activities related thereto.
(3) "Filing" means the presentation of a certificate,
report, or other record provided for in this Act, of a birth,
death, fetal death, adoption, marriage, or dissolution of
marriage, for registration by the Office of Vital Records.
(4) "Registration" means the acceptance by the Office of
Vital Records and the incorporation in its official records of
certificates, reports, or other records provided for in this
Act, of births, deaths, fetal deaths, adoptions, marriages, or
dissolution of marriages.
(5) "Live birth" means the complete expulsion or extraction
from its mother of a product of human conception, irrespective
of the duration of pregnancy, which after such separation
breathes or shows any other evidence of life such as beating of
the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles, whether or not the umbilical
cord has been cut or the placenta is attached.
(6) "Fetal death" means death prior to the complete
expulsion or extraction from the uterus its mother of a product
of human conception, irrespective of the duration of pregnancy,
and which is not due to an abortion as defined in Section 1-10
of the Reproductive Health Act. ; The the death is indicated by
the fact that after such separation the fetus does not breathe
or show any other evidence of life such as beating of the
heart, pulsation of the umbilical cord, or definite movement of
voluntary muscles.
(7) "Dead body" means a lifeless human body or parts of
such body or bones thereof from the state of which it may
reasonably be concluded that death has occurred.
(8) "Final disposition" means the burial, cremation, or
other disposition of a dead human body or fetus or parts
thereof.
(9) "Physician" means a person licensed to practice
medicine in Illinois or any other state.
(10) "Institution" means any establishment, public or
private, which provides in-patient medical, surgical, or
diagnostic care or treatment, or nursing, custodial, or
domiciliary care to 2 or more unrelated individuals, or to
which persons are committed by law.
(11) "Department" means the Department of Public Health of
the State of Illinois.
(12) "Director" means the Director of the Illinois
Department of Public Health.
(13) "Licensed health care professional" means a person
licensed to practice as a physician, advanced practice
registered nurse, or physician assistant in Illinois or any
other state.
(14) "Licensed mental health professional" means a person
who is licensed or registered to provide mental health services
by the Department of Financial and Professional Regulation or a
board of registration duly authorized to register or grant
licenses to persons engaged in the practice of providing mental
health services in Illinois or any other state.
(15) "Intersex condition" means a condition in which a
person is born with a reproductive or sexual anatomy or
chromosome pattern that does not fit typical definitions of
male or female.
(16) "Homeless person" means an individual who meets the
definition of "homeless" under Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
individual residing in any of the living situations described
in 42 U.S.C. 11434a(2).
(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
100-863, eff. 8-14-18.)
Section 910-60. The Environmental Protection Act is
amended by changing Section 56.1 as follows:
(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(a) Cause or allow the disposal of any potentially
infectious medical waste. Sharps may be disposed in any
landfill permitted by the Agency under Section 21 of this
Act to accept municipal waste for disposal, if both:
(1) the infectious potential has been eliminated
from the sharps by treatment; and
(2) the sharps are packaged in accordance with
Board regulations.
(b) Cause or allow the delivery of any potentially
infectious medical waste for transport, storage,
treatment, or transfer except in accordance with Board
regulations.
(c) Beginning July 1, 1992, cause or allow the delivery
of any potentially infectious medical waste to a person or
facility for storage, treatment, or transfer that does not
have a permit issued by the agency to receive potentially
infectious medical waste, unless no permit is required
under subsection (g)(1).
(d) Beginning July 1, 1992, cause or allow the delivery
or transfer of any potentially infectious medical waste for
transport unless:
(1) the transporter has a permit issued by the
Agency to transport potentially infectious medical
waste, or the transporter is exempt from the permit
requirement set forth in subsection (f)(l).
(2) a potentially infectious medical waste
manifest is completed for the waste if a manifest is
required under subsection (h).
(e) Cause or allow the acceptance of any potentially
infectious medical waste for purposes of transport,
storage, treatment, or transfer except in accordance with
Board regulations.
(f) Beginning July 1, 1992, conduct any potentially
infectious medical waste transportation operation:
(1) Without a permit issued by the Agency to
transport potentially infectious medical waste. No
permit is required under this provision (f)(1) for:
(A) a person transporting potentially
infectious medical waste generated solely by that
person's activities;
(B) noncommercial transportation of less than
50 pounds of potentially infectious medical waste
at any one time; or
(C) the U.S. Postal Service.
(2) In violation of any condition of any permit
issued by the Agency under this Act.
(3) In violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(g) Beginning July 1, 1992, conduct any potentially
infectious medical waste treatment, storage, or transfer
operation:
(1) without a permit issued by the Agency that
specifically authorizes the treatment, storage, or
transfer of potentially infectious medical waste. No
permit is required under this subsection (g) or
subsection (d)(1) of Section 21 for any:
(A) Person conducting a potentially infectious
medical waste treatment, storage, or transfer
operation for potentially infectious medical waste
generated by the person's own activities that are
treated, stored, or transferred within the site
where the potentially infectious medical waste is
generated.
(B) Hospital that treats, stores, or transfers
only potentially infectious medical waste
generated by its own activities or by members of
its medical staff.
(C) Sharps collection station that is operated
in accordance with Section 56.7.
(2) in violation of any condition of any permit
issued by the Agency under this Act.
(3) in violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(h) Transport potentially infectious medical waste
unless the transporter carries a completed potentially
infectious medical waste manifest. No manifest is required
for the transportation of:
(1) potentially infectious medical waste being
transported by generators who generated the waste by
their own activities, when the potentially infectious
medical waste is transported within or between sites or
facilities owned, controlled, or operated by that
person;
(2) less than 50 pounds of potentially infectious
medical waste at any one time for a noncommercial
transportation activity; or
(3) potentially infectious medical waste by the
U.S. Postal Service.
(i) Offer for transportation, transport, deliver,
receive or accept potentially infectious medical waste for
which a manifest is required, unless the manifest indicates
that the fee required under Section 56.4 of this Act has
been paid.
(j) Beginning January 1, 1994, conduct a potentially
infectious medical waste treatment operation at an
incinerator in existence on the effective date of this
Title in violation of emission standards established for
these incinerators under Section 129 of the Clean Air Act
(42 USC 7429), as amended.
(k) Beginning July 1, 2015, knowingly mix household
sharps, including, but not limited to, hypodermic,
intravenous, or other medical needles or syringes or other
medical household waste containing used or unused sharps,
including, but not limited to, hypodermic, intravenous, or
other medical needles or syringes or other sharps, with any
other material intended for collection as a recyclable
material by a residential hauler.
(l) Beginning on July 1, 2015, knowingly place
household sharps into a container intended for collection
by a residential hauler for processing at a recycling
center.
(B) In making its orders and determinations relative to
penalties, if any, to be imposed for violating subdivision
(A)(a) of this Section, the Board, in addition to the factors
in Sections 33(c) and 42(h) of this Act, or the Court shall
take into consideration whether the owner or operator of the
landfill reasonably relied on written statements from the
person generating or treating the waste that the waste is not
potentially infectious medical waste.
(C) Notwithstanding subsection (A) or any other provision
of law, including the Vital Records Act, tissue and products
from an abortion, as defined in Section 1-10 of the
Reproductive Health Act, or a miscarriage may be buried,
entombed, or cremated.
(Source: P.A. 99-82, eff. 7-20-15.)
Section 910-65. The Criminal Code of 2012 is amended by
changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional Homicide of an Unborn Child.
(a) A person commits the offense of intentional homicide of
an unborn child if, in performing acts which cause the death of
an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great
bodily harm to the pregnant individual woman or her unborn
child or knew that such acts would cause death or great
bodily harm to the pregnant individual woman or her unborn
child; or
(2) knew that his acts created a strong probability of
death or great bodily harm to the pregnant individual woman
or her unborn child; and
(3) knew that the individual woman was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from the implantation
of an embryo fertilization until birth, and (2) "person" shall
not include the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-10 of the Reproductive
Health Act, Section 2 of the Illinois Abortion Law of 1975, as
amended, to which the pregnant individual woman has consented.
This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an
unborn child shall be the same as for first degree murder,
except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other
provision of law.
(Source: P.A. 96-1000, eff. 7-2-10.)
(720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
A person who kills an unborn child without lawful justification
commits voluntary manslaughter of an unborn child if at the
time of the killing he is acting under a sudden and intense
passion resulting from serious provocation by another whom the
offender endeavors to kill, but he negligently or accidentally
causes the death of the unborn child.
Serious provocation is conduct sufficient to excite an
intense passion in a reasonable person.
(b) A person who intentionally or knowingly kills an unborn
child commits voluntary manslaughter of an unborn child if at
the time of the killing he believes the circumstances to be
such that, if they existed, would justify or exonerate the
killing under the principles stated in Article 7 of this Code,
but his belief is unreasonable.
(c) Sentence. Voluntary Manslaughter of an unborn child is
a Class 1 felony.
(d) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from the implantation
of an embryo fertilization until birth, and (2) "person" shall
not include the pregnant individual woman whose unborn child is
killed.
(e) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-10 of the Reproductive
Health Act, Section 2 of the Illinois Abortion Law of 1975, as
amended, to which the pregnant individual woman has consented.
This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(Source: P.A. 84-1414.)
(720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide
of an Unborn Child. (a) A person who unintentionally kills an
unborn child without lawful justification commits involuntary
manslaughter of an unborn child if his acts whether lawful or
unlawful which cause the death are such as are likely to cause
death or great bodily harm to some individual, and he performs
them recklessly, except in cases in which the cause of death
consists of the driving of a motor vehicle, in which case the
person commits reckless homicide of an unborn child.
(b) Sentence.
(1) Involuntary manslaughter of an unborn child is a Class
3 felony.
(2) Reckless homicide of an unborn child is a Class 3
felony.
(c) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from the implantation
of an embryo fertilization until birth, and (2) "person" shall
not include the pregnant individual woman whose unborn child is
killed.
(d) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-10 of the Reproductive
Health Act, Section 2 of the Illinois Abortion Law of 1975, as
amended, to which the pregnant individual woman has consented.
This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(e) The provisions of this Section shall not be construed
to prohibit the prosecution of any person under any other
provision of law, nor shall it be construed to preclude any
civil cause of action.
(Source: P.A. 84-1414.)
(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
Sec. 12-3.1. Battery of an unborn child; aggravated battery
of an unborn child.
(a) A person commits battery of an unborn child if he or
she knowingly without legal justification and by any means
causes bodily harm to an unborn child.
(a-5) A person commits aggravated battery of an unborn
child when, in committing a battery of an unborn child, he or
she knowingly causes great bodily harm or permanent disability
or disfigurement to an unborn child.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from the implantation
of an embryo fertilization until birth, and (2) "person" shall
not include the pregnant individual woman whose unborn child is
harmed.
(c) Sentence. Battery of an unborn child is a Class A
misdemeanor. Aggravated battery of an unborn child is a Class 2
felony.
(d) This Section shall not apply to acts which cause bodily
harm to an unborn child if those acts were committed during any
abortion, as defined in Section 1-10 of the Reproductive Health
Act, Section 2 of the Illinois Abortion Law of 1975, as
amended, to which the pregnant individual woman has consented.
This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(Source: P.A. 96-1551, eff. 7-1-11.)
Section 910-70. The Code of Civil Procedure is amended by
changing Section 8-802 as follows:
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
Sec. 8-802. Physician and patient. No physician or surgeon
shall be permitted to disclose any information he or she may
have acquired in attending any patient in a professional
character, necessary to enable him or her professionally to
serve the patient, except only (1) in trials for homicide when
the disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in actions, civil or
criminal, against the physician for malpractice, (3) with the
expressed consent of the patient, or in case of his or her
death or disability, of his or her personal representative or
other person authorized to sue for personal injury or of the
beneficiary of an insurance policy on his or her life, health,
or physical condition, or as authorized by Section 8-2001.5,
(4) in all actions brought by or against the patient, his or
her personal representative, a beneficiary under a policy of
insurance, or the executor or administrator of his or her
estate wherein the patient's physical or mental condition is an
issue, (5) upon an issue as to the validity of a document as a
will of the patient, (6) (blank) in any criminal action where
the charge is either first degree murder by abortion, attempted
abortion or abortion, (7) in actions, civil or criminal,
arising from the filing of a report in compliance with the
Abused and Neglected Child Reporting Act, (8) to any
department, agency, institution or facility which has custody
of the patient pursuant to State statute or any court order of
commitment, (9) in prosecutions where written results of blood
alcohol tests are admissible pursuant to Section 11-501.4 of
the Illinois Vehicle Code, (10) in prosecutions where written
results of blood alcohol tests are admissible under Section
5-11a of the Boat Registration and Safety Act, (11) in criminal
actions arising from the filing of a report of suspected
terrorist offense in compliance with Section 29D-10(p)(7) of
the Criminal Code of 2012, (12) upon the issuance of a subpoena
pursuant to Section 38 of the Medical Practice Act of 1987; the
issuance of a subpoena pursuant to Section 25.1 of the Illinois
Dental Practice Act; the issuance of a subpoena pursuant to
Section 22 of the Nursing Home Administrators Licensing and
Disciplinary Act; or the issuance of a subpoena pursuant to
Section 25.5 of the Workers' Compensation Act, (13) upon the
issuance of a grand jury subpoena pursuant to Article 112 of
the Code of Criminal Procedure of 1963, or (14) to or through a
health information exchange, as that term is defined in Section
2 of the Mental Health and Developmental Disabilities
Confidentiality Act, in accordance with State or federal law.
Upon disclosure under item (13) of this Section, in any
criminal action where the charge is domestic battery,
aggravated domestic battery, or an offense under Article 11 of
the Criminal Code of 2012 or where the patient is under the age
of 18 years or upon the request of the patient, the State's
Attorney shall petition the court for a protective order
pursuant to Supreme Court Rule 415.
In the event of a conflict between the application of this
Section and the Mental Health and Developmental Disabilities
Confidentiality Act to a specific situation, the provisions of
the Mental Health and Developmental Disabilities
Confidentiality Act shall control.
(Source: P.A. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
eff. 7-20-15.)
Section 910-73. The Health Care Right of Conscience Act is
amended by changing Section 3 as follows:
(745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
Sec. 3. Definitions. As used in this Act, unless the
context clearly otherwise requires:
(a) "Health care" means any phase of patient care,
including but not limited to, testing; diagnosis;
prognosis; ancillary research; instructions; family
planning, counselling, referrals, or any other advice in
connection with the use or procurement of contraceptives
and sterilization or abortion procedures; medication; or
surgery or other care or treatment rendered by a physician
or physicians, nurses, paraprofessionals or health care
facility, intended for the physical, emotional, and mental
well-being of persons; or an abortion as defined by the
Reproductive Health Act;
(b) "Physician" means any person who is licensed by the
State of Illinois under the Medical Practice Act of 1987;
(c) "Health care personnel" means any nurse, nurses'
aide, medical school student, professional,
paraprofessional or any other person who furnishes, or
assists in the furnishing of, health care services;
(d) "Health care facility" means any public or private
hospital, clinic, center, medical school, medical training
institution, laboratory or diagnostic facility,
physician's office, infirmary, dispensary, ambulatory
surgical treatment center or other institution or location
wherein health care services are provided to any person,
including physician organizations and associations,
networks, joint ventures, and all other combinations of
those organizations;
(e) "Conscience" means a sincerely held set of moral
convictions arising from belief in and relation to God, or
which, though not so derived, arises from a place in the
life of its possessor parallel to that filled by God among
adherents to religious faiths;
(f) "Health care payer" means a health maintenance
organization, insurance company, management services
organization, or any other entity that pays for or arranges
for the payment of any health care or medical care service,
procedure, or product; and
(g) "Undue delay" means unreasonable delay that causes
impairment of the patient's health.
The above definitions include not only the traditional
combinations and forms of these persons and organizations but
also all new and emerging forms and combinations of these
persons and organizations.
(Source: P.A. 99-690, eff. 1-1-17.)
Section 910-75. The Rights of Married Persons Act is
amended by changing Section 15 as follows:
(750 ILCS 65/15) (from Ch. 40, par. 1015)
Sec. 15. (a)(1) The expenses of the family and of the
education of the children shall be chargeable upon the property
of both husband and wife, or of either of them, in favor of
creditors therefor, and in relation thereto they may be sued
jointly or separately.
(2) No creditor, who has a claim against a spouse or former
spouse for an expense incurred by that spouse or former spouse
which is not a family expense, shall maintain an action against
the other spouse or former spouse for that expense except:
(A) an expense for which the other spouse or former spouse
agreed, in writing, to be liable; or
(B) an expense for goods or merchandise purchased by or in
the possession of the other spouse or former spouse, or for
services ordered by the other spouse or former spouse.
(3) Any creditor who maintains an action in violation of
this subsection (a) for an expense other than a family expense
against a spouse or former spouse other than the spouse or
former spouse who incurred the expense, shall be liable to the
other spouse or former spouse for his or her costs, expenses
and attorney's fees incurred in defending the action.
(4) No creditor shall, with respect to any claim against a
spouse or former spouse for which the creditor is prohibited
under this subsection (a) from maintaining an action against
the other spouse or former spouse, engage in any collection
efforts against the other spouse or former spouse, including,
but not limited to, informal or formal collection attempts,
referral of the claim to a collector or collection agency for
collection from the other spouse or former spouse, or making
any representation to a credit reporting agency that the other
spouse or former spouse is any way liable for payment of the
claim.
(b) (Blank). No spouse shall be liable for any expense
incurred by the other spouse when an abortion is performed on
such spouse, without the consent of such other spouse, unless
the physician who performed the abortion certifies that such
abortion is necessary to preserve the life of the spouse who
obtained such abortion.
(c) (Blank). No parent shall be liable for any expense
incurred by his or her minor child when an abortion is
performed on such minor child without the consent of both
parents of such child, if they both have custody, or the parent
having custody, or legal guardian of such child, unless the
physician who performed the abortion certifies that such
abortion is necessary to preserve the life of the minor child
who obtained such abortion.
(Source: P.A. 86-689.)
Section 910-995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that text
does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Article 999. EFFECTIVE DATE
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