SB0025 Enrolled LRB101 00199 RLC 45201 b
1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Article 1. REPRODUCTIVE HEALTH ACT
5		Section 1-1. Short title. This Act may be cited as the
6		Reproductive Health Act.
7		Section 1-5. Scope. This Act sets forth the fundamental
8		rights of individuals to make autonomous decisions about one's
9		own reproductive health, including the fundamental right to use
10		or refuse reproductive health care. This includes the
11		fundamental right of an individual to use or refuse
12		contraception or sterilization, and to make autonomous
13		decisions about how to exercise that right; and the fundamental
14		right of an individual who becomes pregnant to continue the
15		pregnancy and give birth to a child, or to have an abortion,
16		and to make autonomous decisions about how to exercise that
17		right. This Act restricts the ability of the State to deny,
18		interfere with, or discriminate against these fundamental
19		rights.
20		The purposes of this Act are:
21		(1) To establish laws and policies that protect
22		individual decision-making in the area of reproductive

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1		health and that support access to the full scope of quality
2		reproductive health care for all in our State; and
3		(2) To permit regulation of reproductive health care,
4		including contraception, abortion, and maternity care,
5		only to the extent that such regulation is narrowly
6		tailored to protect a compelling State interest, which for
7		the purposes of this Act means: consistent with accepted
8		standards of clinical practice, evidence based, and
9		narrowly tailored for the limited purpose of protecting the
10		health of people seeking such care and in the manner that
11		least restricts a person's autonomous decision-making.
12		Section 1-10. Definitions. As used in this Act:
13		"Abortion" means the use of any instrument, medicine, drug,
14		or any other substance or device to terminate the pregnancy of
15		an individual known to be pregnant with an intention other than
16		to increase the probability of a live birth, to preserve the
17		life or health of the child after live birth, or to remove a
18		dead fetus.
19		"Advanced practice registered nurse" has the same meaning
20		as it does in Section 50-10 of the Nurse Practice Act.
21		"Department" means the Illinois Department of Public
22		Health.
23		"Fetal viability" means that, in the professional judgment
24		of the attending health care professional, based on the
25		particular facts of the case, there is a significant likelihood

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1		of a fetus' sustained survival outside the uterus without the
2		application of extraordinary medical measures.
3		"Health care professional" means a person who is licensed
4		as a physician, advanced practice registered nurse, or
5		physician assistant.
6		"Health of the patient" means all factors that are relevant
7		to the patient's health and well-being, including, but not
8		limited to, physical, emotional, psychological, and familial
9		health and age.
10		"Maternity care" means the health care provided in relation
11		to pregnancy, labor and childbirth, and the postpartum period,
12		and includes prenatal care, care during labor and birthing, and
13		postpartum care extending through one-year postpartum.
14		Maternity care shall, seek to optimize positive outcomes for
15		the patient, and be provided on the basis of the physical and
16		psychosocial needs of the patient. Notwithstanding any of the
17		above, all care shall be subject to the informed and voluntary
18		consent of the patient, or the patient's legal proxy, when the
19		patient is unable to give consent.
20		"Physician" means any person licensed to practice medicine
21		in all its branches under the Medical Practice Act of 1987.
22		"Physician assistant" has the same meaning as it does in
23		Section 4 of the Physician Assistant Practice Act of 1987.
24		"Pregnancy" means the human reproductive process,
25		beginning with the implantation of an embryo.
26		"Prevailing party" has the same meaning as in the Illinois

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1		Civil Rights Act of 2003.
2		"Reproductive health care" means health care offered,
3		arranged, or furnished for the purpose of preventing pregnancy,
4		terminating a pregnancy, managing pregnancy loss, or improving
5		maternal health and birth outcomes. Reproductive health care
6		includes, but is not limited to: contraception; sterilization;
7		preconception care; maternity care; abortion care; and
8		counseling regarding reproductive health care.
9		"State" includes any branch, department, agency,
10		instrumentality, and official or other person acting under
11		color of law of this State or a political subdivision of the
12		State, including any unit of local government (including a home
13		rule unit), school district, instrumentality, or public
14		subdivision.
15		Section 1-15. Fundamental reproductive health rights.
16		(a) Every individual has a fundamental right to make
17		autonomous decisions about the individual's own reproductive
18		health, including the fundamental right to use or refuse
19		reproductive health care.
20		(b) Every individual who becomes pregnant has a fundamental
21		right to continue the pregnancy and give birth or to have an
22		abortion, and to make autonomous decisions about how to
23		exercise that right.
24		(c) A fertilized egg, embryo, or fetus does not have
25		independent rights under the laws of this State.

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1		Section 1-20. Prohibited State actions; causes of action.
2		(a)The State shall not:
3		(1) deny, restrict, interfere with, or discriminate
4		against an individual's exercise of the fundamental rights
5		set forth in this Act, including individuals under State
6		custody, control, or supervision; or
7		(2) prosecute, punish, or otherwise deprive any
8		individual of the individual's rights for any act or
9		failure to act during the individual's own pregnancy, if
10		the predominant basis for such prosecution, punishment, or
11		deprivation of rights is the potential, actual, or
12		perceived impact on the pregnancy or its outcomes or on the
13		pregnant individual's own health.
14		(b) Any party aggrieved by conduct or regulation in
15		violation of this Act may bring a civil lawsuit, in a federal
16		district court or State circuit court, against the offending
17		unit of government. Any State claim brought in federal district
18		court shall be a supplemental claim to a federal claim.
19		(c) Upon motion, a court shall award reasonable attorney's
20		fees and costs, including expert witness fees and other
21		litigation expenses, to a plaintiff who is a prevailing party
22		in any action brought pursuant to this Section. In awarding
23		reasonable attorney's fees, the court shall consider the degree
24		to which the relief obtained relates to the relief sought.

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1		Section 1-25. Reporting of abortions performed by health
2		care professionals.
3		(a) A health care professional may provide abortion care in
4		accordance with the health care professional's professional
5		judgment and training and based on accepted standards of
6		clinical practice consistent with the scope of his or her
7		practice under the Medical Practice Act of 1987, the Nurse
8		Practice Act, or the Physician Assistant Practice Act of 1987.
9		If the health care professional determines that there is fetal
10		viability, the health care professional may provide abortion
11		care only if, in the professional judgment of the health care
12		professional, the abortion is necessary to protect the life or
13		health of the patient.
14		(b) A report of each abortion performed by a health care
15		professional shall be made to the Department on forms
16		prescribed by it. Such reports shall be transmitted to the
17		Department not later than 10 days following the end of the
18		month in which the abortion is performed.
19		(c) The abortion reporting forms prescribed by the
20		Department shall not request or require information that
21		identifies a patient by name or any other identifying
22		information, and the Department shall secure anonymity of all
23		patients and health care professionals.
24		(d) All reports received by the Department pursuant to this
25		Section shall be treated as confidential and exempt from the
26		Freedom of Information Act. Access to such reports shall be

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1		limited to authorized Department staff who shall use the
2		reports for statistical purposes only. Such reports must be
3		destroyed within 2 years after date of receipt.
4		Section 1-30. Application.
5		(a) This Act applies to all State laws, ordinances,
6		policies, procedures, practices, and governmental actions and
7		their implementation, whether statutory or otherwise and
8		whether adopted before or after the effective date of this Act.
9		(b) Nothing in this Act shall be construed to authorize the
10		State to burden any individual's fundamental rights relating to
11		reproductive health care.
12		Section 1-35. Home rule powers limitation. A unit of local
13		government may enact ordinances, standards, rules, or
14		regulations that protect an individual's ability to freely
15		exercise the fundamental rights set forth in this Act in a
16		manner or to an extent equal to or greater than the protection
17		provided in this Act. A unit of local government may not
18		regulate an individual's ability to freely exercise the
19		fundamental rights set forth in this Act in a manner more
20		restrictive than that set forth in this Act. This Section is a
21		limitation under subsection (i) of Section 6 of Article VII of
22		the Illinois Constitution on the concurrent exercise by home
23		rule units of powers and functions exercised by the State.

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1		Section 1-97. Severability. The provisions of this Act are
2		severable under Section 1.31 of the Statute on Statutes.
3		Article 905. REPEALS
4		(210 ILCS 5/6.1 rep.)
5		Section 905-5. The Ambulatory Surgical Treatment Center
6		Act is amended by repealing Section 6.1.
7		(410 ILCS 70/9 rep.)
8		Section 905-10. The Sexual Assault Survivors Emergency
9		Treatment Act is amended by repealing Section 9.
10		(720 ILCS 510/Act rep.)
11		Section 905-15. The Illinois Abortion Law of 1975 is
12		repealed.
13		(720 ILCS 513/Act rep.)
14		Section 905-20. The Partial-birth Abortion Ban Act is
15		repealed.
16		(735 ILCS 5/11-107.1 rep.)
17		Section 905-25. The Code of Civil Procedure is amended by
18		repealing Section 11-107.1.
19		(745 ILCS 30/Act rep.)

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1		Section 905-30. The Abortion Performance Refusal Act is
2		repealed.
3		Article 910. AMENDMENTS
4		Section 910-5. The State Employees Group Insurance Act of
5		1971 is amended by changing Section 6.11 as follows:
6		(5 ILCS 375/6.11)
7		(Text of Section before amendment by P.A. 100-1170)
8		Sec. 6.11. Required health benefits; Illinois Insurance
9		Code requirements. The program of health benefits shall provide
10		the post-mastectomy care benefits required to be covered by a
11		policy of accident and health insurance under Section 356t of
12		the Illinois Insurance Code. The program of health benefits
13		shall provide the coverage required under Sections 356g,
14		356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
15		356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
16		356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and
17		356z.26, and 356z.29, and 356z.32 of the Illinois Insurance
18		Code. The program of health benefits must comply with Sections
19		155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the
20		Illinois Insurance Code. The Department of Insurance shall
21		enforce the requirements of this Section.
22		Rulemaking authority to implement Public Act 95-1045, if
23		any, is conditioned on the rules being adopted in accordance

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1		with all provisions of the Illinois Administrative Procedure
2		Act and all rules and procedures of the Joint Committee on
3		Administrative Rules; any purported rule not so adopted, for
4		whatever reason, is unauthorized.
5		(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
6		100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
7		1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
8		1-8-19.)
9		(Text of Section after amendment by P.A. 100-1170)
10		Sec. 6.11. Required health benefits; Illinois Insurance
11		Code requirements. The program of health benefits shall provide
12		the post-mastectomy care benefits required to be covered by a
13		policy of accident and health insurance under Section 356t of
14		the Illinois Insurance Code. The program of health benefits
15		shall provide the coverage required under Sections 356g,
16		356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
17		356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
18		356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,
19		356z.29, and 356z.32 of the Illinois Insurance Code. The
20		program of health benefits must comply with Sections 155.22a,
21		155.37, 355b, 356z.19, 370c, and 370c.1 of the Illinois
22		Insurance Code. The Department of Insurance shall enforce the
23		requirements of this Section with respect to Sections 370c and
24		370c.1 of the Illinois Insurance Code; all other requirements
25		of this Section shall be enforced by the Department of Central

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1		Management Services.
2		Rulemaking authority to implement Public Act 95-1045, if
3		any, is conditioned on the rules being adopted in accordance
4		with all provisions of the Illinois Administrative Procedure
5		Act and all rules and procedures of the Joint Committee on
6		Administrative Rules; any purported rule not so adopted, for
7		whatever reason, is unauthorized.
8		(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
9		100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
10		1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19;
11		100-1170, eff. 6-1-19.)
12		Section 910-10. The Children and Family Services Act is
13		amended by changing Section 5 as follows:
14		(20 ILCS 505/5) (from Ch. 23, par. 5005)
15		Sec. 5. Direct child welfare services; Department of
16		Children and Family Services. To provide direct child welfare
17		services when not available through other public or private
18		child care or program facilities.
19		(a) For purposes of this Section:
20		(1) "Children" means persons found within the State who
21		are under the age of 18 years. The term also includes
22		persons under age 21 who:
23		(A) were committed to the Department pursuant to
24		the Juvenile Court Act or the Juvenile Court Act of

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

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

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

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

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

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

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

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

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

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1		provide services to any child or family who is the subject of
2		any report of suspected child abuse or neglect or may refer
3		such child or family to services available from other agencies
4		in the community, even if the report is determined to be
5		unfounded, if the conditions in the child's or family's home
6		are reasonably likely to subject the child or family to future
7		reports of suspected child abuse or neglect. Acceptance of such
8		services shall be voluntary. The Department may also provide
9		services to any child or family after completion of a family
10		assessment, as an alternative to an investigation, as provided
11		under the "differential response program" provided for in
12		subsection (a-5) of Section 7.4 of the Abused and Neglected
13		Child Reporting Act.
14		The Department may, at its discretion except for those
15		children also adjudicated neglected or dependent, accept for
16		care and training any child who has been adjudicated addicted,
17		as a truant minor in need of supervision or as a minor
18		requiring authoritative intervention, under the Juvenile Court
19		Act or the Juvenile Court Act of 1987, but no such child shall
20		be committed to the Department by any court without the
21		approval of the Department. On and after January 1, 2015 (the
22		effective date of Public Act 98-803) and before January 1,
23		2017, a minor charged with a criminal offense under the
24		Criminal Code of 1961 or the Criminal Code of 2012 or
25		adjudicated delinquent shall not be placed in the custody of or
26		committed to the Department by any court, except (i) a minor

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1		less than 16 years of age committed to the Department under
2		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
3		for whom an independent basis of abuse, neglect, or dependency
4		exists, which must be defined by departmental rule, or (iii) a
5		minor for whom the court has granted a supplemental petition to
6		reinstate wardship pursuant to subsection (2) of Section 2-33
7		of the Juvenile Court Act of 1987. On and after January 1,
8		2017, a minor charged with a criminal offense under the
9		Criminal Code of 1961 or the Criminal Code of 2012 or
10		adjudicated delinquent shall not be placed in the custody of or
11		committed to the Department by any court, except (i) a minor
12		less than 15 years of age committed to the Department under
13		Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
14		for whom an independent basis of abuse, neglect, or dependency
15		exists, which must be defined by departmental rule, or (iii) a
16		minor for whom the court has granted a supplemental petition to
17		reinstate wardship pursuant to subsection (2) of Section 2-33
18		of the Juvenile Court Act of 1987. An independent basis exists
19		when the allegations or adjudication of abuse, neglect, or
20		dependency do not arise from the same facts, incident, or
21		circumstances which give rise to a charge or adjudication of
22		delinquency. The Department shall assign a caseworker to attend
23		any hearing involving a youth in the care and custody of the
24		Department who is placed on aftercare release, including
25		hearings involving sanctions for violation of aftercare
26		release conditions and aftercare release revocation hearings.

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

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

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

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

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

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

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1		supervision of any child placed in a licensed child care
2		facility may be made by the Department, by the parents or
3		guardians of the estates of those children, or by both the
4		Department and the parents or guardians, except that no
5		payments shall be made by the Department for any child placed
6		in a licensed child care facility for board, clothing, care,
7		training and supervision of such a child that exceed the
8		average per capita cost of maintaining and of caring for a
9		child in institutions for dependent or neglected children
10		operated by the Department. However, such restriction on
11		payments does not apply in cases where children require
12		specialized care and treatment for problems of severe emotional
13		disturbance, physical disability, social adjustment, or any
14		combination thereof and suitable facilities for the placement
15		of such children are not available at payment rates within the
16		limitations set forth in this Section. All reimbursements for
17		services delivered shall be absolutely inalienable by
18		assignment, sale, attachment, garnishment or otherwise.
19		(n-1) The Department shall provide or authorize child
20		welfare services, aimed at assisting minors to achieve
21		sustainable self-sufficiency as independent adults, for any
22		minor eligible for the reinstatement of wardship pursuant to
23		subsection (2) of Section 2-33 of the Juvenile Court Act of
24		1987, whether or not such reinstatement is sought or allowed,
25		provided that the minor consents to such services and has not
26		yet attained the age of 21. The Department shall have

SB0025 Enrolled - 30 - LRB101 00199 RLC 45201 b
1		responsibility for the development and delivery of services
2		under this Section. An eligible youth may access services under
3		this Section through the Department of Children and Family
4		Services or by referral from the Department of Human Services.
5		Youth participating in services under this Section shall
6		cooperate with the assigned case manager in developing an
7		agreement identifying the services to be provided and how the
8		youth will increase skills to achieve self-sufficiency. A
9		homeless shelter is not considered appropriate housing for any
10		youth receiving child welfare services under this Section. The
11		Department shall continue child welfare services under this
12		Section to any eligible minor until the minor becomes 21 years
13		of age, no longer consents to participate, or achieves
14		self-sufficiency as identified in the minor's service plan. The
15		Department of Children and Family Services shall create clear,
16		readable notice of the rights of former foster youth to child
17		welfare services under this Section and how such services may
18		be obtained. The Department of Children and Family Services and
19		the Department of Human Services shall disseminate this
20		information statewide. The Department shall adopt regulations
21		describing services intended to assist minors in achieving
22		sustainable self-sufficiency as independent adults.
23		(o) The Department shall establish an administrative
24		review and appeal process for children and families who request
25		or receive child welfare services from the Department. Youth in
26		care who are placed by private child welfare agencies, and

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1		foster families with whom those youth are placed, shall be
2		afforded the same procedural and appeal rights as children and
3		families in the case of placement by the Department, including
4		the right to an initial review of a private agency decision by
5		that agency. The Department shall ensure that any private child
6		welfare agency, which accepts youth in care for placement,
7		affords those rights to children and foster families. The
8		Department shall accept for administrative review and an appeal
9		hearing a complaint made by (i) a child or foster family
10		concerning a decision following an initial review by a private
11		child welfare agency or (ii) a prospective adoptive parent who
12		alleges a violation of subsection (j-5) of this Section. An
13		appeal of a decision concerning a change in the placement of a
14		child shall be conducted in an expedited manner. A court
15		determination that a current foster home placement is necessary
16		and appropriate under Section 2-28 of the Juvenile Court Act of
17		1987 does not constitute a judicial determination on the merits
18		of an administrative appeal, filed by a former foster parent,
19		involving a change of placement decision.
20		(p) (Blank).
21		(q) The Department may receive and use, in their entirety,
22		for the benefit of children any gift, donation or bequest of
23		money or other property which is received on behalf of such
24		children, or any financial benefits to which such children are
25		or may become entitled while under the jurisdiction or care of
26		the Department.

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1		The Department shall set up and administer no-cost,
2		interest-bearing accounts in appropriate financial
3		institutions for children for whom the Department is legally
4		responsible and who have been determined eligible for Veterans'
5		Benefits, Social Security benefits, assistance allotments from
6		the armed forces, court ordered payments, parental voluntary
7		payments, Supplemental Security Income, Railroad Retirement
8		payments, Black Lung benefits, or other miscellaneous
9		payments. Interest earned by each account shall be credited to
10		the account, unless disbursed in accordance with this
11		subsection.
12		In disbursing funds from children's accounts, the
13		Department shall:
14		(1) Establish standards in accordance with State and
15		federal laws for disbursing money from children's
16		accounts. In all circumstances, the Department's
17		"Guardianship Administrator" or his or her designee must
18		approve disbursements from children's accounts. The
19		Department shall be responsible for keeping complete
20		records of all disbursements for each account for any
21		purpose.
22		(2) Calculate on a monthly basis the amounts paid from
23		State funds for the child's board and care, medical care
24		not covered under Medicaid, and social services; and
25		utilize funds from the child's account, as covered by
26		regulation, to reimburse those costs. Monthly,

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

SB0025 Enrolled - 34 - LRB101 00199 RLC 45201 b
1		establish and implement a program to reimburse Department and
2		private child welfare agency foster parents licensed by the
3		Department of Children and Family Services for damages
4		sustained by the foster parents as a result of the malicious or
5		negligent acts of foster children, as well as providing third
6		party coverage for such foster parents with regard to actions
7		of foster children to other individuals. Such coverage will be
8		secondary to the foster parent liability insurance policy, if
9		applicable. The program shall be funded through appropriations
10		from the General Revenue Fund, specifically designated for such
11		purposes.
12		(t) The Department shall perform home studies and
13		investigations and shall exercise supervision over visitation
14		as ordered by a court pursuant to the Illinois Marriage and
15		Dissolution of Marriage Act or the Adoption Act only if:
16		(1) an order entered by an Illinois court specifically
17		directs the Department to perform such services; and
18		(2) the court has ordered one or both of the parties to
19		the proceeding to reimburse the Department for its
20		reasonable costs for providing such services in accordance
21		with Department rules, or has determined that neither party
22		is financially able to pay.
23		The Department shall provide written notification to the
24		court of the specific arrangements for supervised visitation
25		and projected monthly costs within 60 days of the court order.
26		The Department shall send to the court information related to

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

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

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1		(u-5) Effective July 1, 1995, only foster care placements
2		licensed as foster family homes pursuant to the Child Care Act
3		of 1969 shall be eligible to receive foster care payments from
4		the Department. Relative caregivers who, as of July 1, 1995,
5		were approved pursuant to approved relative placement rules
6		previously promulgated by the Department at 89 Ill. Adm. Code
7		335 and had submitted an application for licensure as a foster
8		family home may continue to receive foster care payments only
9		until the Department determines that they may be licensed as a
10		foster family home or that their application for licensure is
11		denied or until September 30, 1995, whichever occurs first.
12		(v) The Department shall access criminal history record
13		information as defined in the Illinois Uniform Conviction
14		Information Act and information maintained in the adjudicatory
15		and dispositional record system as defined in Section 2605-355
16		of the Department of State Police Law (20 ILCS 2605/2605-355)
17		if the Department determines the information is necessary to
18		perform its duties under the Abused and Neglected Child
19		Reporting Act, the Child Care Act of 1969, and the Children and
20		Family Services Act. The Department shall provide for
21		interactive computerized communication and processing
22		equipment that permits direct on-line communication with the
23		Department of State Police's central criminal history data
24		repository. The Department shall comply with all certification
25		requirements and provide certified operators who have been
26		trained by personnel from the Department of State Police. In

SB0025 Enrolled - 38 - LRB101 00199 RLC 45201 b
1		addition, one Office of the Inspector General investigator
2		shall have training in the use of the criminal history
3		information access system and have access to the terminal. The
4		Department of Children and Family Services and its employees
5		shall abide by rules and regulations established by the
6		Department of State Police relating to the access and
7		dissemination of this information.
8		(v-1) Prior to final approval for placement of a child, the
9		Department shall conduct a criminal records background check of
10		the prospective foster or adoptive parent, including
11		fingerprint-based checks of national crime information
12		databases. Final approval for placement shall not be granted if
13		the record check reveals a felony conviction for child abuse or
14		neglect, for spousal abuse, for a crime against children, or
15		for a crime involving violence, including rape, sexual assault,
16		or homicide, but not including other physical assault or
17		battery, or if there is a felony conviction for physical
18		assault, battery, or a drug-related offense committed within
19		the past 5 years.
20		(v-2) Prior to final approval for placement of a child, the
21		Department shall check its child abuse and neglect registry for
22		information concerning prospective foster and adoptive
23		parents, and any adult living in the home. If any prospective
24		foster or adoptive parent or other adult living in the home has
25		resided in another state in the preceding 5 years, the
26		Department shall request a check of that other state's child

SB0025 Enrolled - 39 - LRB101 00199 RLC 45201 b
1		abuse and neglect registry.
2		(w) Within 120 days of August 20, 1995 (the effective date
3		of Public Act 89-392), the Department shall prepare and submit
4		to the Governor and the General Assembly, a written plan for
5		the development of in-state licensed secure child care
6		facilities that care for children who are in need of secure
7		living arrangements for their health, safety, and well-being.
8		For purposes of this subsection, secure care facility shall
9		mean a facility that is designed and operated to ensure that
10		all entrances and exits from the facility, a building or a
11		distinct part of the building, are under the exclusive control
12		of the staff of the facility, whether or not the child has the
13		freedom of movement within the perimeter of the facility,
14		building, or distinct part of the building. The plan shall
15		include descriptions of the types of facilities that are needed
16		in Illinois; the cost of developing these secure care
17		facilities; the estimated number of placements; the potential
18		cost savings resulting from the movement of children currently
19		out-of-state who are projected to be returned to Illinois; the
20		necessary geographic distribution of these facilities in
21		Illinois; and a proposed timetable for development of such
22		facilities.
23		(x) The Department shall conduct annual credit history
24		checks to determine the financial history of children placed
25		under its guardianship pursuant to the Juvenile Court Act of
26		1987. The Department shall conduct such credit checks starting

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

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

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1		Children and Family Services after performing a check of
2		the Child Abuse and Neglect Tracking System (CANTS)
3		operated and maintained by the Department.
4		"Department employee" means a full-time or temporary
5		employee coded or certified within the State of Illinois
6		Personnel System.
7		"Department applicant" means an individual who has
8		conditional Department full-time or part-time work, a
9		contractor, an individual used to replace or supplement staff,
10		an academic intern, a volunteer in Department offices or on
11		Department contracts, a work-study student, an individual or
12		entity licensed by the Department, or an unlicensed service
13		provider who works as a condition of a contract or an agreement
14		and whose work may bring the unlicensed service provider into
15		contact with Department clients or client records.
16		(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
17		100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
18		1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
19		10-3-18.)
20		Section 910-15. The Freedom of Information Act is amended
21		by changing Section 7.5 as follows:
22		(5 ILCS 140/7.5)
23		Sec. 7.5. Statutory exemptions. To the extent provided for
24		by the statutes referenced below, the following shall be exempt

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

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

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

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

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1		19.1 of the Toll Highway Act.
2		(x) Information which is exempted from disclosure
3		under Section 5-1014.3 of the Counties Code or Section
4		8-11-21 of the Illinois Municipal Code.
5		(y) Confidential information under the Adult
6		Protective Services Act and its predecessor enabling
7		statute, the Elder Abuse and Neglect Act, including
8		information about the identity and administrative finding
9		against any caregiver of a verified and substantiated
10		decision of abuse, neglect, or financial exploitation of an
11		eligible adult maintained in the Registry established
12		under Section 7.5 of the Adult Protective Services Act.
13		(z) Records and information provided to a fatality
14		review team or the Illinois Fatality Review Team Advisory
15		Council under Section 15 of the Adult Protective Services
16		Act.
17		(aa) Information which is exempted from disclosure
18		under Section 2.37 of the Wildlife Code.
19		(bb) Information which is or was prohibited from
20		disclosure by the Juvenile Court Act of 1987.
21		(cc) Recordings made under the Law Enforcement
22		Officer-Worn Body Camera Act, except to the extent
23		authorized under that Act.
24		(dd) Information that is prohibited from being
25		disclosed under Section 45 of the Condominium and Common
26		Interest Community Ombudsperson Act.

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

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1		Act.
2		(oo) Information and records held by the Department of
3		Public Health and its authorized representatives collected
4		under the Reproductive Health Act.
5		(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
6		eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
7		99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
8		100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
9		8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
10		eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
11		100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
12		10-12-18.)
13		Section 910-20. The Counties Code is amended by changing
14		Section 3-3013 as follows:
15		(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
16		Sec. 3-3013. Preliminary investigations; blood and urine
17		analysis; summoning jury; reports. Every coroner, whenever, as
18		soon as he knows or is informed that the dead body of any
19		person is found, or lying within his county, whose death is
20		suspected of being:
21		(a) A sudden or violent death, whether apparently
22		suicidal, homicidal or accidental, including but not
23		limited to deaths apparently caused or contributed to by
24		thermal, traumatic, chemical, electrical or radiational

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

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

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

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

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

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

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1		its powers relating to mental health and developmental
2		disabilities or alcoholism and substance abuse or funded by the
3		Department of Children and Family Services shall be reported to
4		the coroner of the county in which the facility is located. If
5		the coroner has reason to believe that an investigation is
6		needed to determine whether the death was caused by
7		maltreatment or negligent care of the ward of the State or
8		youth in care as defined in Section 4d of the Children and
9		Family Services Act, the coroner may conduct a preliminary
10		investigation of the circumstances of such death as in cases of
11		death under circumstances set forth in paragraphs (a) through
12		(e) of this Section.
13		(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
14		eff. 7-28-16; 100-159, eff. 8-18-17.)
15		Section 910-25. The Ambulatory Surgical Treatment Center
16		Act is amended by changing Section 2, and 3 as follows:
17		(210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
18		Sec. 2. It is declared to be the public policy that the
19		State has a legitimate interest in assuring that all medical
20		procedures, including abortions, are performed under
21		circumstances that insure maximum safety. Therefore, the
22		purpose of this Act is to provide for the better protection of
23		the public health through the development, establishment, and
24		enforcement of standards (1) for the care of individuals in

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1		ambulatory surgical treatment centers, and (2) for the
2		construction, maintenance and operation of ambulatory surgical
3		treatment centers, which, in light of advancing knowledge, will
4		promote safe and adequate treatment of such individuals in
5		ambulatory surgical treatment centers.
6		(Source: P.A. 78-227.)
7		(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
8		Sec. 3. As used in this Act, unless the context otherwise
9		requires, the following words and phrases shall have the
10		meanings ascribed to them:
11		(A) "Ambulatory surgical treatment center" means any
12		institution, place or building devoted primarily to the
13		maintenance and operation of facilities for the performance of
14		surgical procedures. "Ambulatory surgical treatment center"
15		includes any place that meets and complies with the definition
16		of an ambulatory surgical treatment center under the rules
17		adopted by the Department or any facility in which a medical or
18		surgical procedure is utilized to terminate a pregnancy,
19		irrespective of whether the facility is devoted primarily to
20		this purpose. Such facility shall not provide beds or other
21		accommodations for the overnight stay of patients; however,
22		facilities devoted exclusively to the treatment of children may
23		provide accommodations and beds for their patients for up to 23
24		hours following admission. Individual patients shall be
25		discharged in an ambulatory condition without danger to the

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1		continued well being of the patients or shall be transferred to
2		a hospital.
3		The term "ambulatory surgical treatment center" does not
4		include any of the following:
5		(1) Any institution, place, building or agency
6		required to be licensed pursuant to the "Hospital Licensing
7		Act", approved July 1, 1953, as amended.
8		(2) Any person or institution required to be licensed
9		pursuant to the Nursing Home Care Act, the Specialized
10		Mental Health Rehabilitation Act of 2013, the ID/DD
11		Community Care Act, or the MC/DD Act.
12		(3) Hospitals or ambulatory surgical treatment centers
13		maintained by the State or any department or agency
14		thereof, where such department or agency has authority
15		under law to establish and enforce standards for the
16		hospitals or ambulatory surgical treatment centers under
17		its management and control.
18		(4) Hospitals or ambulatory surgical treatment centers
19		maintained by the Federal Government or agencies thereof.
20		(5) Any place, agency, clinic, or practice, public or
21		private, whether organized for profit or not, devoted
22		exclusively to the performance of dental or oral surgical
23		procedures.
24		(6) Any facility in which the performance of abortion
25		procedures, including procedures to terminate a pregnancy
26		or to manage pregnancy loss, is limited to those performed

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1		without general, epidural, or spinal anesthesia, and which
2		is not otherwise required to be an ambulatory surgical
3		treatment center. For purposes of this paragraph,
4		"general, epidural, or spinal anesthesia" does not include
5		local anesthesia or intravenous sedation. Nothing in this
6		paragraph shall be construed to limit any such facility
7		from voluntarily electing to apply for licensure as an
8		ambulatory surgical treatment center.
9		(B) "Person" means any individual, firm, partnership,
10		corporation, company, association, or joint stock association,
11		or the legal successor thereof.
12		(C) "Department" means the Department of Public Health of
13		the State of Illinois.
14		(D) "Director" means the Director of the Department of
15		Public Health of the State of Illinois.
16		(E) "Physician" means a person licensed to practice
17		medicine in all of its branches in the State of Illinois.
18		(F) "Dentist" means a person licensed to practice dentistry
19		under the Illinois Dental Practice Act.
20		(G) "Podiatric physician" means a person licensed to
21		practice podiatry under the Podiatric Medical Practice Act of
22		1987.
23		(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15;
24		99-180, eff. 7-29-15.)
25		Section 910-30. The Illinois Insurance Code is amended by

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

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

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

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

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1		health savings account pursuant to the federal Internal Revenue
2		Code, 26 U.S.C. 223.
3		(5) Except as otherwise authorized under this subsection
4		(a), a policy shall not impose any restrictions or delays on
5		the coverage required under this subsection (a).
6		(6) If, at any time, the Secretary of the United States
7		Department of Health and Human Services, or its successor
8		agency, promulgates rules or regulations to be published in the
9		Federal Register or publishes a comment in the Federal Register
10		or issues an opinion, guidance, or other action that would
11		require the State, pursuant to any provision of the Patient
12		Protection and Affordable Care Act (Public Law 111-148),
13		including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
14		successor provision, to defray the cost of any coverage
15		outlined in this subsection (a), then this subsection (a) is
16		inoperative with respect to all coverage outlined in this
17		subsection (a) other than that authorized under Section 1902 of
18		the Social Security Act, 42 U.S.C. 1396a, and the State shall
19		not assume any obligation for the cost of the coverage set
20		forth in this subsection (a).
21		(b) This subsection (b) shall become operative if and only
22		if subsection (a) becomes inoperative.
23		An individual or group policy of accident and health
24		insurance amended, delivered, issued, or renewed in this State
25		after the date this subsection (b) becomes operative that
26		provides coverage for outpatient services and outpatient

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1		prescription drugs or devices must provide coverage for the
2		insured and any dependent of the insured covered by the policy
3		for all outpatient contraceptive services and all outpatient
4		contraceptive drugs and devices approved by the Food and Drug
5		Administration. Coverage required under this Section may not
6		impose any deductible, coinsurance, waiting period, or other
7		cost-sharing or limitation that is greater than that required
8		for any outpatient service or outpatient prescription drug or
9		device otherwise covered by the policy.
10		Nothing in this subsection (b) shall be construed to
11		require an insurance company to cover services related to
12		permanent sterilization that requires a surgical procedure.
13		As used in this subsection (b), "outpatient contraceptive
14		service" means consultations, examinations, procedures, and
15		medical services, provided on an outpatient basis and related
16		to the use of contraceptive methods (including natural family
17		planning) to prevent an unintended pregnancy.
18		(c) (Blank). Nothing in this Section shall be construed to
19		require an insurance company to cover services related to an
20		abortion as the term "abortion" is defined in the Illinois
21		Abortion Law of 1975.
22		(d) If a plan or issuer utilizes a network of providers,
23		nothing in this Section shall be construed to require coverage
24		or to prohibit the plan or issuer from imposing cost-sharing
25		for items or services described in this Section that are
26		provided or delivered by an out-of-network provider, unless the

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1		plan or issuer does not have in its network a provider who is
2		able to or is willing to provide the applicable items or
3		services.
4		(Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19.)
5		(215 ILCS 5/356z.4a new)
6		Sec. 356z.4a. Coverage for abortion.
7		(a) Except as otherwise provided in this Section, no
8		individual or group policy of accident and health insurance
9		that provides pregnancy-related benefits may be issued,
10		amended, delivered, or renewed in this State after the
11		effective date of this amendatory Act of the 101st General
12		Assembly unless the policy provides a covered person with
13		coverage for abortion care.
14		(b) Coverage for abortion care may not impose any
15		deductible, coinsurance, waiting period, or other cost-sharing
16		limitation that is greater than that required for other
17		pregnancy-related benefits covered by the policy.
18		(c) Except as otherwise authorized under this Section, a
19		policy shall not impose any restrictions or delays on the
20		coverage required under this Section.
21		(d) This Section does not, pursuant to 42 U.S.C.
22		18054(a)(6), apply to a multistate plan that does not provide
23		coverage for abortion.
24		(e) If the Department concludes that enforcement of this
25		Section may adversely affect the allocation of federal funds to

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1		this State, the Department may grant an exemption to the
2		requirements, but only to the minimum extent necessary to
3		ensure the continued receipt of federal funds.
4		Section 910-35. The Health Maintenance Organization Act is
5		amended by changing Section 5-3 as follows:
6		(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
7		Sec. 5-3. Insurance Code provisions.
8		(a) Health Maintenance Organizations shall be subject to
9		the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
10		141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
11		154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
12		355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
13		356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
14		356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
15		356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
16		364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
17		368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,
18		409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
19		Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
20		XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
21		(b) For purposes of the Illinois Insurance Code, except for
22		Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
23		Maintenance Organizations in the following categories are
24		deemed to be "domestic companies":

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

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

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

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1		be calculated taking into account a pro rata share of the
2		Health Maintenance Organization's administrative and
3		marketing expenses, but shall not include any refund to be
4		made or additional premium to be paid pursuant to this
5		subsection (f)). The Health Maintenance Organization and
6		the group or enrollment unit may agree that the profitable
7		or unprofitable experience may be calculated taking into
8		account the refund period and the immediately preceding 2
9		plan years.
10		The Health Maintenance Organization shall include a
11		statement in the evidence of coverage issued to each enrollee
12		describing the possibility of a refund or additional premium,
13		and upon request of any group or enrollment unit, provide to
14		the group or enrollment unit a description of the method used
15		to calculate (1) the Health Maintenance Organization's
16		profitable experience with respect to the group or enrollment
17		unit and the resulting refund to the group or enrollment unit
18		or (2) the Health Maintenance Organization's unprofitable
19		experience with respect to the group or enrollment unit and the
20		resulting additional premium to be paid by the group or
21		enrollment unit.
22		In no event shall the Illinois Health Maintenance
23		Organization Guaranty Association be liable to pay any
24		contractual obligation of an insolvent organization to pay any
25		refund authorized under this Section.
26		(g) Rulemaking authority to implement Public Act 95-1045,

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1		if any, is conditioned on the rules being adopted in accordance
2		with all provisions of the Illinois Administrative Procedure
3		Act and all rules and procedures of the Joint Committee on
4		Administrative Rules; any purported rule not so adopted, for
5		whatever reason, is unauthorized.
6		(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
7		100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.
8		8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
9		10-4-18.)
10		Section 910-40. The Voluntary Health Services Plans Act is
11		amended by changing Section 10 as follows:
12		(215 ILCS 165/10) (from Ch. 32, par. 604)
13		Sec. 10. Application of Insurance Code provisions. Health
14		services plan corporations and all persons interested therein
15		or dealing therewith shall be subject to the provisions of
16		Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
17		143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
18		356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
19		356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
20		356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
21		356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
22		356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1, 402, 403,
23		403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
24		Section 367 of the Illinois Insurance Code.

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1		Rulemaking authority to implement Public Act 95-1045, if
2		any, is conditioned on the rules being adopted in accordance
3		with all provisions of the Illinois Administrative Procedure
4		Act and all rules and procedures of the Joint Committee on
5		Administrative Rules; any purported rule not so adopted, for
6		whatever reason, is unauthorized.
7		(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
8		100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
9		1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)
10		Section 910-45. The Medical Practice Act of 1987 is amended
11		by changing Section 22 and 36 as follows:
12		(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
13		(Section scheduled to be repealed on December 31, 2019)
14		Sec. 22. Disciplinary action.
15		(A) The Department may revoke, suspend, place on probation,
16		reprimand, refuse to issue or renew, or take any other
17		disciplinary or non-disciplinary action as the Department may
18		deem proper with regard to the license or permit of any person
19		issued under this Act, including imposing fines not to exceed
20		$10,000 for each violation, upon any of the following grounds:
21		(1) (Blank). Performance of an elective abortion in any
22		place, locale, facility, or institution other than:
23		(a) a facility licensed pursuant to the Ambulatory
24		Surgical Treatment Center Act;

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1		(b) an institution licensed under the Hospital
2		Licensing Act;
3		(c) an ambulatory surgical treatment center or
4		hospitalization or care facility maintained by the
5		State or any agency thereof, where such department or
6		agency has authority under law to establish and enforce
7		standards for the ambulatory surgical treatment
8		centers, hospitalization, or care facilities under its
9		management and control;
10		(d) ambulatory surgical treatment centers,
11		hospitalization or care facilities maintained by the
12		Federal Government; or
13		(e) ambulatory surgical treatment centers,
14		hospitalization or care facilities maintained by any
15		university or college established under the laws of
16		this State and supported principally by public funds
17		raised by taxation.
18		(2) (Blank). Performance of an abortion procedure in a
19		willful and wanton manner on a woman who was not pregnant
20		at the time the abortion procedure was performed.
21		(3) A plea of guilty or nolo contendere, finding of
22		guilt, jury verdict, or entry of judgment or sentencing,
23		including, but not limited to, convictions, preceding
24		sentences of supervision, conditional discharge, or first
25		offender probation, under the laws of any jurisdiction of
26		the United States of any crime that is a felony.

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1		(4) Gross negligence in practice under this Act.
2		(5) Engaging in dishonorable, unethical or
3		unprofessional conduct of a character likely to deceive,
4		defraud or harm the public.
5		(6) Obtaining any fee by fraud, deceit, or
6		misrepresentation.
7		(7) Habitual or excessive use or abuse of drugs defined
8		in law as controlled substances, of alcohol, or of any
9		other substances which results in the inability to practice
10		with reasonable judgment, skill or safety.
11		(8) Practicing under a false or, except as provided by
12		law, an assumed name.
13		(9) Fraud or misrepresentation in applying for, or
14		procuring, a license under this Act or in connection with
15		applying for renewal of a license under this Act.
16		(10) Making a false or misleading statement regarding
17		their skill or the efficacy or value of the medicine,
18		treatment, or remedy prescribed by them at their direction
19		in the treatment of any disease or other condition of the
20		body or mind.
21		(11) Allowing another person or organization to use
22		their license, procured under this Act, to practice.
23		(12) Adverse action taken by another state or
24		jurisdiction against a license or other authorization to
25		practice as a medical doctor, doctor of osteopathy, doctor
26		of osteopathic medicine or doctor of chiropractic, a

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1		certified copy of the record of the action taken by the
2		other state or jurisdiction being prima facie evidence
3		thereof. This includes any adverse action taken by a State
4		or federal agency that prohibits a medical doctor, doctor
5		of osteopathy, doctor of osteopathic medicine, or doctor of
6		chiropractic from providing services to the agency's
7		participants.
8		(13) Violation of any provision of this Act or of the
9		Medical Practice Act prior to the repeal of that Act, or
10		violation of the rules, or a final administrative action of
11		the Secretary, after consideration of the recommendation
12		of the Disciplinary Board.
13		(14) Violation of the prohibition against fee
14		splitting in Section 22.2 of this Act.
15		(15) A finding by the Disciplinary Board that the
16		registrant after having his or her license placed on
17		probationary status or subjected to conditions or
18		restrictions violated the terms of the probation or failed
19		to comply with such terms or conditions.
20		(16) Abandonment of a patient.
21		(17) Prescribing, selling, administering,
22		distributing, giving or self-administering any drug
23		classified as a controlled substance (designated product)
24		or narcotic for other than medically accepted therapeutic
25		purposes.
26		(18) Promotion of the sale of drugs, devices,

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1		appliances or goods provided for a patient in such manner
2		as to exploit the patient for financial gain of the
3		physician.
4		(19) Offering, undertaking or agreeing to cure or treat
5		disease by a secret method, procedure, treatment or
6		medicine, or the treating, operating or prescribing for any
7		human condition by a method, means or procedure which the
8		licensee refuses to divulge upon demand of the Department.
9		(20) Immoral conduct in the commission of any act
10		including, but not limited to, commission of an act of
11		sexual misconduct related to the licensee's practice.
12		(21) Willfully making or filing false records or
13		reports in his or her practice as a physician, including,
14		but not limited to, false records to support claims against
15		the medical assistance program of the Department of
16		Healthcare and Family Services (formerly Department of
17		Public Aid) under the Illinois Public Aid Code.
18		(22) Willful omission to file or record, or willfully
19		impeding the filing or recording, or inducing another
20		person to omit to file or record, medical reports as
21		required by law, or willfully failing to report an instance
22		of suspected abuse or neglect as required by law.
23		(23) Being named as a perpetrator in an indicated
24		report by the Department of Children and Family Services
25		under the Abused and Neglected Child Reporting Act, and
26		upon proof by clear and convincing evidence that the

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1		licensee has caused a child to be an abused child or
2		neglected child as defined in the Abused and Neglected
3		Child Reporting Act.
4		(24) Solicitation of professional patronage by any
5		corporation, agents or persons, or profiting from those
6		representing themselves to be agents of the licensee.
7		(25) Gross and willful and continued overcharging for
8		professional services, including filing false statements
9		for collection of fees for which services are not rendered,
10		including, but not limited to, filing such false statements
11		for collection of monies for services not rendered from the
12		medical assistance program of the Department of Healthcare
13		and Family Services (formerly Department of Public Aid)
14		under the Illinois Public Aid Code.
15		(26) A pattern of practice or other behavior which
16		demonstrates incapacity or incompetence to practice under
17		this Act.
18		(27) Mental illness or disability which results in the
19		inability to practice under this Act with reasonable
20		judgment, skill or safety.
21		(28) Physical illness, including, but not limited to,
22		deterioration through the aging process, or loss of motor
23		skill which results in a physician's inability to practice
24		under this Act with reasonable judgment, skill or safety.
25		(29) Cheating on or attempt to subvert the licensing
26		examinations administered under this Act.

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

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1		surrender of membership on any medical staff or in any
2		medical or professional association or society, while
3		under disciplinary investigation by any of those
4		authorities or bodies, for acts or conduct similar to acts
5		or conduct which would constitute grounds for action as
6		defined in this Section.
7		(36) Failure to report to the Department any adverse
8		judgment, settlement, or award arising from a liability
9		claim related to acts or conduct similar to acts or conduct
10		which would constitute grounds for action as defined in
11		this Section.
12		(37) Failure to provide copies of medical records as
13		required by law.
14		(38) Failure to furnish the Department, its
15		investigators or representatives, relevant information,
16		legally requested by the Department after consultation
17		with the Chief Medical Coordinator or the Deputy Medical
18		Coordinator.
19		(39) Violating the Health Care Worker Self-Referral
20		Act.
21		(40) Willful failure to provide notice when notice is
22		required under the Parental Notice of Abortion Act of 1995.
23		(41) Failure to establish and maintain records of
24		patient care and treatment as required by this law.
25		(42) Entering into an excessive number of written
26		collaborative agreements with licensed advanced practice

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

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

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

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1		rehabilitated to warrant the public trust;
2		(b) what constitutes dishonorable, unethical or
3		unprofessional conduct of a character likely to deceive,
4		defraud, or harm the public;
5		(c) what constitutes immoral conduct in the commission
6		of any act, including, but not limited to, commission of an
7		act of sexual misconduct related to the licensee's
8		practice; and
9		(d) what constitutes gross negligence in the practice
10		of medicine.
11		However, no such rule shall be admissible into evidence in
12		any civil action except for review of a licensing or other
13		disciplinary action under this Act.
14		In enforcing this Section, the Disciplinary Board or the
15		Licensing Board, upon a showing of a possible violation, may
16		compel, in the case of the Disciplinary Board, any individual
17		who is licensed to practice under this Act or holds a permit to
18		practice under this Act, or, in the case of the Licensing
19		Board, any individual who has applied for licensure or a permit
20		pursuant to this Act, to submit to a mental or physical
21		examination and evaluation, or both, which may include a
22		substance abuse or sexual offender evaluation, as required by
23		the Licensing Board or Disciplinary Board and at the expense of
24		the Department. The Disciplinary Board or Licensing Board shall
25		specifically designate the examining physician licensed to
26		practice medicine in all of its branches or, if applicable, the

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

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

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

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1		fines in disciplinary cases, not to exceed $10,000 for each
2		violation of this Act. Fines may be imposed in conjunction with
3		other forms of disciplinary action, but shall not be the
4		exclusive disposition of any disciplinary action arising out of
5		conduct resulting in death or injury to a patient. Any funds
6		collected from such fines shall be deposited in the Illinois
7		State Medical Disciplinary Fund.
8		All fines imposed under this Section shall be paid within
9		60 days after the effective date of the order imposing the fine
10		or in accordance with the terms set forth in the order imposing
11		the fine.
12		(B) The Department shall revoke the license or permit
13		issued under this Act to practice medicine or a chiropractic
14		physician who has been convicted a second time of committing
15		any felony under the Illinois Controlled Substances Act or the
16		Methamphetamine Control and Community Protection Act, or who
17		has been convicted a second time of committing a Class 1 felony
18		under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
19		person whose license or permit is revoked under this subsection
20		B shall be prohibited from practicing medicine or treating
21		human ailments without the use of drugs and without operative
22		surgery.
23		(C) The Department shall not revoke, suspend, place on
24		probation, reprimand, refuse to issue or renew, or take any
25		other disciplinary or non-disciplinary action against the
26		license or permit issued under this Act to practice medicine to

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1		a physician:
2		(1) based solely upon the recommendation of the
3		physician to an eligible patient regarding, or
4		prescription for, or treatment with, an investigational
5		drug, biological product, or device; or
6		(2) for experimental treatment for Lyme disease or
7		other tick-borne diseases, including, but not limited to,
8		the prescription of or treatment with long-term
9		antibiotics.
10		(D) The Disciplinary Board shall recommend to the
11		Department civil penalties and any other appropriate
12		discipline in disciplinary cases when the Board finds that a
13		physician willfully performed an abortion with actual
14		knowledge that the person upon whom the abortion has been
15		performed is a minor or an incompetent person without notice as
16		required under the Parental Notice of Abortion Act of 1995.
17		Upon the Board's recommendation, the Department shall impose,
18		for the first violation, a civil penalty of $1,000 and for a
19		second or subsequent violation, a civil penalty of $5,000.
20		(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
21		100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
22		1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
23		12-19-18.)
24		(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
25		(Section scheduled to be repealed on December 31, 2019)

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

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1		Disciplinary Board and inform such person whether he or she may
2		provide testimony at the hearing.
3		(c) (Blank). Where a physician has been found, upon
4		complaint and investigation of the Department, and after
5		hearing, to have performed an abortion procedure in a wilful
6		and wanton manner upon a woman who was not pregnant at the time
7		such abortion procedure was performed, the Department shall
8		automatically revoke the license of such physician to practice
9		medicine in Illinois.
10		(d) Such written notice and any notice in such proceedings
11		thereafter may be served by delivery of the same, personally,
12		to the accused person, or by mailing the same by registered or
13		certified mail to the accused person's address of record.
14		(e) All information gathered by the Department during its
15		investigation including information subpoenaed under Section
16		23 or 38 of this Act and the investigative file shall be kept
17		for the confidential use of the Secretary, Disciplinary Board,
18		the Medical Coordinators, persons employed by contract to
19		advise the Medical Coordinator or the Department, the
20		Disciplinary Board's attorneys, the medical investigative
21		staff, and authorized clerical staff, as provided in this Act
22		and shall be afforded the same status as is provided
23		information concerning medical studies in Part 21 of Article
24		VIII of the Code of Civil Procedure, except that the Department
25		may disclose information and documents to a federal, State, or
26		local law enforcement agency pursuant to a subpoena in an

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1		ongoing criminal investigation to a health care licensing body
2		of this State or another state or jurisdiction pursuant to an
3		official request made by that licensing body. Furthermore,
4		information and documents disclosed to a federal, State, or
5		local law enforcement agency may be used by that agency only
6		for the investigation and prosecution of a criminal offense or,
7		in the case of disclosure to a health care licensing body, only
8		for investigations and disciplinary action proceedings with
9		regard to a license issued by that licensing body.
10		(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
11		98-1140, eff. 12-30-14.)
12		Section 910-50. The Nurse Practice Act is amended by
13		changing Section 65-35 and 65-43 as follows:
14		(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
15		(Section scheduled to be repealed on January 1, 2028)
16		Sec. 65-35. Written collaborative agreements.
17		(a) A written collaborative agreement is required for all
18		advanced practice registered nurses engaged in clinical
19		practice prior to meeting the requirements of Section 65-43,
20		except for advanced practice registered nurses who are
21		privileged to practice in a hospital, hospital affiliate, or
22		ambulatory surgical treatment center.
23		(a-5) If an advanced practice registered nurse engages in
24		clinical practice outside of a hospital, hospital affiliate, or

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

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1		patients of an advanced practice registered nurse within the
2		scope of the advanced practice registered nurses training and
3		experience, (2) limit third party payors or government health
4		programs, such as the medical assistance program or Medicare
5		with which the advanced practice registered nurse contracts, or
6		(3) limit the geographic area or practice location of the
7		advanced practice registered nurse in this State.
8		(c) In the case of anesthesia services provided by a
9		certified registered nurse anesthetist, an anesthesiologist, a
10		physician, a dentist, or a podiatric physician must participate
11		through discussion of and agreement with the anesthesia plan
12		and remain physically present and available on the premises
13		during the delivery of anesthesia services for diagnosis,
14		consultation, and treatment of emergency medical conditions.
15		(c-5) A certified registered nurse anesthetist, who
16		provides anesthesia services outside of a hospital or
17		ambulatory surgical treatment center shall enter into a written
18		collaborative agreement with an anesthesiologist or the
19		physician licensed to practice medicine in all its branches or
20		the podiatric physician performing the procedure. Outside of a
21		hospital or ambulatory surgical treatment center, the
22		certified registered nurse anesthetist may provide only those
23		services that the collaborating podiatric physician is
24		authorized to provide pursuant to the Podiatric Medical
25		Practice Act of 1987 and rules adopted thereunder. A certified
26		registered nurse anesthetist may select, order, and administer

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

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1		including controlled substances, and apply appropriate medical
2		devices for delivery of anesthesia services under the
3		anesthesia plan agreed with by the operating dentist.
4		(c-15) An advanced practice registered nurse who had a
5		written collaborative agreement with a podiatric physician
6		immediately before the effective date of Public Act 100-513 may
7		continue in that collaborative relationship or enter into a new
8		written collaborative relationship with a podiatric physician
9		under the requirements of this Section and Section 65-40, as
10		those Sections existed immediately before the amendment of
11		those Sections by Public Act 100-513 with regard to a written
12		collaborative agreement between an advanced practice
13		registered nurse and a podiatric physician.
14		(d) A copy of the signed, written collaborative agreement
15		must be available to the Department upon request from both the
16		advanced practice registered nurse and the collaborating
17		physician, dentist, or podiatric physician.
18		(e) Nothing in this Act shall be construed to limit the
19		delegation of tasks or duties by a physician to a licensed
20		practical nurse, a registered professional nurse, or other
21		persons in accordance with Section 54.2 of the Medical Practice
22		Act of 1987. Nothing in this Act shall be construed to limit
23		the method of delegation that may be authorized by any means,
24		including, but not limited to, oral, written, electronic,
25		standing orders, protocols, guidelines, or verbal orders.
26		(e-5) Nothing in this Act shall be construed to authorize

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1		an advanced practice registered nurse to provide health care
2		services required by law or rule to be performed by a
3		physician. The scope of practice of an advanced practice
4		registered nurse does not include operative surgery. Nothing in
5		this Section shall be construed to preclude an advanced
6		practice registered nurse from assisting in surgery , including
7		those acts to be performed by a physician in Section 3.1 of the
8		Illinois Abortion Law of 1975.
9		(f) An advanced practice registered nurse shall inform each
10		collaborating physician, dentist, or podiatric physician of
11		all collaborative agreements he or she has signed and provide a
12		copy of these to any collaborating physician, dentist, or
13		podiatric physician upon request.
14		(g) (Blank).
15		(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;
16		100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)
17		(225 ILCS 65/65-43)
18		(Section scheduled to be repealed on January 1, 2028)
19		Sec. 65-43. Full practice authority.
20		(a) An Illinois-licensed advanced practice registered
21		nurse certified as a nurse practitioner, nurse midwife, or
22		clinical nurse specialist shall be deemed by law to possess the
23		ability to practice without a written collaborative agreement
24		as set forth in this Section.
25		(b) An advanced practice registered nurse certified as a

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

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1		authority includes prescription of, selection of, orders
2		for, administration of, storage of, acceptance of samples
3		of, and dispensing over the counter medications, legend
4		drugs, and controlled substances categorized as any
5		Schedule II through V controlled substances, as defined in
6		Article II of the Illinois Controlled Substances Act, and
7		other preparations, including, but not limited to,
8		botanical and herbal remedies;
9		(4) prescribing benzodiazepines or Schedule II
10		narcotic drugs, such as opioids, only in a consultation
11		relationship with a physician; this consultation
12		relationship shall be recorded in the Prescription
13		Monitoring Program website, pursuant to Section 316 of the
14		Illinois Controlled Substances Act, by the physician and
15		advanced practice registered nurse with full practice
16		authority and is not required to be filed with the
17		Department; the specific Schedule II narcotic drug must be
18		identified by either brand name or generic name; the
19		specific Schedule II narcotic drug, such as an opioid, may
20		be administered by oral dosage or topical or transdermal
21		application; delivery by injection or other route of
22		administration is not permitted; at least monthly, the
23		advanced practice registered nurse and the physician must
24		discuss the condition of any patients for whom a
25		benzodiazepine or opioid is prescribed; nothing in this
26		subsection shall be construed to require a prescription by

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1		an advanced practice registered nurse with full practice
2		authority to require a physician name;
3		(5) authority to obtain an Illinois controlled
4		substance license and a federal Drug Enforcement
5		Administration number; and
6		(6) use of only local anesthetic.
7		The scope of practice of an advanced practice registered
8		nurse does not include operative surgery. Nothing in this
9		Section shall be construed to preclude an advanced practice
10		registered nurse from assisting in surgery.
11		(d) The Department may adopt rules necessary to administer
12		this Section, including, but not limited to, requiring the
13		completion of forms and the payment of fees.
14		(e) Nothing in this Act shall be construed to authorize an
15		advanced practice registered nurse with full practice
16		authority to provide health care services required by law or
17		rule to be performed by a physician, including, but not limited
18		to, those acts to be performed by a physician in Section 3.1 of
19		the Illinois Abortion Law of 1975.
20		(Source: P.A. 100-513, eff. 1-1-18.)
21		Section 910-53. The Physician Assistant Practice Act of
22		1987 is amended by changing Section 7.5 as follows:
23		(225 ILCS 95/7.5)
24		(Section scheduled to be repealed on January 1, 2028)

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1		Sec. 7.5. Written collaborative agreements; prescriptive
2		authority.
3		(a) A written collaborative agreement is required for all
4		physician assistants to practice in the State, except as
5		provided in Section 7.7 of this Act.
6		(1) A written collaborative agreement shall describe
7		the working relationship of the physician assistant with
8		the collaborating physician and shall describe the
9		categories of care, treatment, or procedures to be provided
10		by the physician assistant. The written collaborative
11		agreement shall promote the exercise of professional
12		judgment by the physician assistant commensurate with his
13		or her education and experience. The services to be
14		provided by the physician assistant shall be services that
15		the collaborating physician is authorized to and generally
16		provides to his or her patients in the normal course of his
17		or her clinical medical practice. The written
18		collaborative agreement need not describe the exact steps
19		that a physician assistant must take with respect to each
20		specific condition, disease, or symptom but must specify
21		which authorized procedures require the presence of the
22		collaborating physician as the procedures are being
23		performed. The relationship under a written collaborative
24		agreement shall not be construed to require the personal
25		presence of a physician at the place where services are
26		rendered. Methods of communication shall be available for

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

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

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1		receipt of this notice delegating authority to prescribe
2		controlled substances, the physician assistant shall be
3		eligible to register for a mid-level practitioner
4		controlled substances license under Section 303.05 of the
5		Illinois Controlled Substances Act. Nothing in this Act
6		shall be construed to limit the delegation of tasks or
7		duties by the collaborating physician to a nurse or other
8		appropriately trained persons in accordance with Section
9		54.2 of the Medical Practice Act of 1987.
10		(3) In addition to the requirements of this subsection
11		(b), a collaborating physician may, but is not required to,
12		delegate authority to a physician assistant to prescribe
13		Schedule II controlled substances, if all of the following
14		conditions apply:
15		(A) Specific Schedule II controlled substances by
16		oral dosage or topical or transdermal application may
17		be delegated, provided that the delegated Schedule II
18		controlled substances are routinely prescribed by the
19		collaborating physician. This delegation must identify
20		the specific Schedule II controlled substances by
21		either brand name or generic name. Schedule II
22		controlled substances to be delivered by injection or
23		other route of administration may not be delegated.
24		(B) (Blank).
25		(C) Any prescription must be limited to no more
26		than a 30-day supply, with any continuation authorized

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1		only after prior approval of the collaborating
2		physician.
3		(D) The physician assistant must discuss the
4		condition of any patients for whom a controlled
5		substance is prescribed monthly with the collaborating
6		physician.
7		(E) The physician assistant meets the education
8		requirements of Section 303.05 of the Illinois
9		Controlled Substances Act.
10		(c) Nothing in this Act shall be construed to limit the
11		delegation of tasks or duties by a physician to a licensed
12		practical nurse, a registered professional nurse, or other
13		persons. Nothing in this Act shall be construed to limit the
14		method of delegation that may be authorized by any means,
15		including, but not limited to, oral, written, electronic,
16		standing orders, protocols, guidelines, or verbal orders.
17		Nothing in this Act shall be construed to authorize a physician
18		assistant to provide health care services required by law or
19		rule to be performed by a physician. Nothing in this Act shall
20		be construed to authorize the delegation or performance of
21		operative surgery. Nothing in this Section shall be construed
22		to preclude a physician assistant from assisting in surgery.
23		(c-5) Nothing in this Section shall be construed to apply
24		to any medication authority, including Schedule II controlled
25		substances of a licensed physician assistant for care provided
26		in a hospital, hospital affiliate, or ambulatory surgical

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1		treatment center pursuant to Section 7.7 of this Act.
2		(d) (Blank).
3		(e) Nothing in this Section shall be construed to prohibit
4		generic substitution.
5		(Source: P.A. 100-453, eff. 8-25-17.)
6		Section 910-55. The Vital Records Act is amended by
7		changing Section 1 as follows:
8		(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
9		Sec. 1. As used in this Act, unless the context otherwise
10		requires:
11		(1) "Vital records" means records of births, deaths, fetal
12		deaths, marriages, dissolution of marriages, and data related
13		thereto.
14		(2) "System of vital records" includes the registration,
15		collection, preservation, amendment, and certification of
16		vital records, and activities related thereto.
17		(3) "Filing" means the presentation of a certificate,
18		report, or other record provided for in this Act, of a birth,
19		death, fetal death, adoption, marriage, or dissolution of
20		marriage, for registration by the Office of Vital Records.
21		(4) "Registration" means the acceptance by the Office of
22		Vital Records and the incorporation in its official records of
23		certificates, reports, or other records provided for in this
24		Act, of births, deaths, fetal deaths, adoptions, marriages, or

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

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1		private, which provides in-patient medical, surgical, or
2		diagnostic care or treatment, or nursing, custodial, or
3		domiciliary care to 2 or more unrelated individuals, or to
4		which persons are committed by law.
5		(11) "Department" means the Department of Public Health of
6		the State of Illinois.
7		(12) "Director" means the Director of the Illinois
8		Department of Public Health.
9		(13) "Licensed health care professional" means a person
10		licensed to practice as a physician, advanced practice
11		registered nurse, or physician assistant in Illinois or any
12		other state.
13		(14) "Licensed mental health professional" means a person
14		who is licensed or registered to provide mental health services
15		by the Department of Financial and Professional Regulation or a
16		board of registration duly authorized to register or grant
17		licenses to persons engaged in the practice of providing mental
18		health services in Illinois or any other state.
19		(15) "Intersex condition" means a condition in which a
20		person is born with a reproductive or sexual anatomy or
21		chromosome pattern that does not fit typical definitions of
22		male or female.
23		(16) "Homeless person" means an individual who meets the
24		definition of "homeless" under Section 103 of the federal
25		McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
26		individual residing in any of the living situations described

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1		in 42 U.S.C. 11434a(2).
2		(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
3		100-863, eff. 8-14-18.)
4		Section 910-60. The Environmental Protection Act is
5		amended by changing Section 56.1 as follows:
6		(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
7		Sec. 56.1. Acts prohibited.
8		(A) No person shall:
9		(a) Cause or allow the disposal of any potentially
10		infectious medical waste. Sharps may be disposed in any
11		landfill permitted by the Agency under Section 21 of this
12		Act to accept municipal waste for disposal, if both:
13		(1) the infectious potential has been eliminated
14		from the sharps by treatment; and
15		(2) the sharps are packaged in accordance with
16		Board regulations.
17		(b) Cause or allow the delivery of any potentially
18		infectious medical waste for transport, storage,
19		treatment, or transfer except in accordance with Board
20		regulations.
21		(c) Beginning July 1, 1992, cause or allow the delivery
22		of any potentially infectious medical waste to a person or
23		facility for storage, treatment, or transfer that does not
24		have a permit issued by the agency to receive potentially

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1		infectious medical waste, unless no permit is required
2		under subsection (g)(1).
3		(d) Beginning July 1, 1992, cause or allow the delivery
4		or transfer of any potentially infectious medical waste for
5		transport unless:
6		(1) the transporter has a permit issued by the
7		Agency to transport potentially infectious medical
8		waste, or the transporter is exempt from the permit
9		requirement set forth in subsection (f)(l).
10		(2) a potentially infectious medical waste
11		manifest is completed for the waste if a manifest is
12		required under subsection (h).
13		(e) Cause or allow the acceptance of any potentially
14		infectious medical waste for purposes of transport,
15		storage, treatment, or transfer except in accordance with
16		Board regulations.
17		(f) Beginning July 1, 1992, conduct any potentially
18		infectious medical waste transportation operation:
19		(1) Without a permit issued by the Agency to
20		transport potentially infectious medical waste. No
21		permit is required under this provision (f)(1) for:
22		(A) a person transporting potentially
23		infectious medical waste generated solely by that
24		person's activities;
25		(B) noncommercial transportation of less than
26		50 pounds of potentially infectious medical waste

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

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1		its medical staff.
2		(C) Sharps collection station that is operated
3		in accordance with Section 56.7.
4		(2) in violation of any condition of any permit
5		issued by the Agency under this Act.
6		(3) in violation of any regulation adopted by the
7		Board.
8		(4) In violation of any order adopted by the Board
9		under this Act.
10		(h) Transport potentially infectious medical waste
11		unless the transporter carries a completed potentially
12		infectious medical waste manifest. No manifest is required
13		for the transportation of:
14		(1) potentially infectious medical waste being
15		transported by generators who generated the waste by
16		their own activities, when the potentially infectious
17		medical waste is transported within or between sites or
18		facilities owned, controlled, or operated by that
19		person;
20		(2) less than 50 pounds of potentially infectious
21		medical waste at any one time for a noncommercial
22		transportation activity; or
23		(3) potentially infectious medical waste by the
24		U.S. Postal Service.
25		(i) Offer for transportation, transport, deliver,
26		receive or accept potentially infectious medical waste for

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1		which a manifest is required, unless the manifest indicates
2		that the fee required under Section 56.4 of this Act has
3		been paid.
4		(j) Beginning January 1, 1994, conduct a potentially
5		infectious medical waste treatment operation at an
6		incinerator in existence on the effective date of this
7		Title in violation of emission standards established for
8		these incinerators under Section 129 of the Clean Air Act
9		(42 USC 7429), as amended.
10		(k) Beginning July 1, 2015, knowingly mix household
11		sharps, including, but not limited to, hypodermic,
12		intravenous, or other medical needles or syringes or other
13		medical household waste containing used or unused sharps,
14		including, but not limited to, hypodermic, intravenous, or
15		other medical needles or syringes or other sharps, with any
16		other material intended for collection as a recyclable
17		material by a residential hauler.
18		(l) Beginning on July 1, 2015, knowingly place
19		household sharps into a container intended for collection
20		by a residential hauler for processing at a recycling
21		center.
22		(B) In making its orders and determinations relative to
23		penalties, if any, to be imposed for violating subdivision
24		(A)(a) of this Section, the Board, in addition to the factors
25		in Sections 33(c) and 42(h) of this Act, or the Court shall
26		take into consideration whether the owner or operator of the

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1		landfill reasonably relied on written statements from the
2		person generating or treating the waste that the waste is not
3		potentially infectious medical waste.
4		(C) Notwithstanding subsection (A) or any other provision
5		of law, including the Vital Records Act, tissue and products
6		from an abortion, as defined in Section 1-10 of the
7		Reproductive Health Act, or a miscarriage may be buried,
8		entombed, or cremated.
9		(Source: P.A. 99-82, eff. 7-20-15.)
10		Section 910-65. The Criminal Code of 2012 is amended by
11		changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:
12		(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
13		Sec. 9-1.2. Intentional Homicide of an Unborn Child.
14		(a) A person commits the offense of intentional homicide of
15		an unborn child if, in performing acts which cause the death of
16		an unborn child, he without lawful justification:
17		(1) either intended to cause the death of or do great
18		bodily harm to the pregnant individual woman or her unborn
19		child or knew that such acts would cause death or great
20		bodily harm to the pregnant individual woman or her unborn
21		child; or
22		(2) knew that his acts created a strong probability of
23		death or great bodily harm to the pregnant individual woman
24		or her unborn child; and

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1		(3) knew that the individual woman was pregnant.
2		(b) For purposes of this Section, (1) "unborn child" shall
3		mean any individual of the human species from the implantation
4		of an embryo fertilization until birth, and (2) "person" shall
5		not include the pregnant woman whose unborn child is killed.
6		(c) This Section shall not apply to acts which cause the
7		death of an unborn child if those acts were committed during
8		any abortion, as defined in Section 1-10 of the Reproductive
9		Health Act, Section 2 of the Illinois Abortion Law of 1975, as
10		amended, to which the pregnant individual woman has consented.
11		This Section shall not apply to acts which were committed
12		pursuant to usual and customary standards of medical practice
13		during diagnostic testing or therapeutic treatment.
14		(d) Penalty. The sentence for intentional homicide of an
15		unborn child shall be the same as for first degree murder,
16		except that:
17		(1) the death penalty may not be imposed;
18		(2) if the person committed the offense while armed
19		with a firearm, 15 years shall be added to the term of
20		imprisonment imposed by the court;
21		(3) if, during the commission of the offense, the
22		person personally discharged a firearm, 20 years shall be
23		added to the term of imprisonment imposed by the court;
24		(4) if, during the commission of the offense, the
25		person personally discharged a firearm that proximately
26		caused great bodily harm, permanent disability, permanent

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1		disfigurement, or death to another person, 25 years or up
2		to a term of natural life shall be added to the term of
3		imprisonment imposed by the court.
4		(e) The provisions of this Act shall not be construed to
5		prohibit the prosecution of any person under any other
6		provision of law.
7		(Source: P.A. 96-1000, eff. 7-2-10.)
8		(720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
9		Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
10		A person who kills an unborn child without lawful justification
11		commits voluntary manslaughter of an unborn child if at the
12		time of the killing he is acting under a sudden and intense
13		passion resulting from serious provocation by another whom the
14		offender endeavors to kill, but he negligently or accidentally
15		causes the death of the unborn child.
16		Serious provocation is conduct sufficient to excite an
17		intense passion in a reasonable person.
18		(b) A person who intentionally or knowingly kills an unborn
19		child commits voluntary manslaughter of an unborn child if at
20		the time of the killing he believes the circumstances to be
21		such that, if they existed, would justify or exonerate the
22		killing under the principles stated in Article 7 of this Code,
23		but his belief is unreasonable.
24		(c) Sentence. Voluntary Manslaughter of an unborn child is
25		a Class 1 felony.

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1		(d) For purposes of this Section, (1) "unborn child" shall
2		mean any individual of the human species from the implantation
3		of an embryo fertilization until birth, and (2) "person" shall
4		not include the pregnant individual woman whose unborn child is
5		killed.
6		(e) This Section shall not apply to acts which cause the
7		death of an unborn child if those acts were committed during
8		any abortion, as defined in Section 1-10 of the Reproductive
9		Health Act, Section 2 of the Illinois Abortion Law of 1975, as
10		amended, to which the pregnant individual woman has consented.
11		This Section shall not apply to acts which were committed
12		pursuant to usual and customary standards of medical practice
13		during diagnostic testing or therapeutic treatment.
14		(Source: P.A. 84-1414.)
15		(720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
16		Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide
17		of an Unborn Child. (a) A person who unintentionally kills an
18		unborn child without lawful justification commits involuntary
19		manslaughter of an unborn child if his acts whether lawful or
20		unlawful which cause the death are such as are likely to cause
21		death or great bodily harm to some individual, and he performs
22		them recklessly, except in cases in which the cause of death
23		consists of the driving of a motor vehicle, in which case the
24		person commits reckless homicide of an unborn child.
25		(b) Sentence.

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1		(1) Involuntary manslaughter of an unborn child is a Class
2		3 felony.
3		(2) Reckless homicide of an unborn child is a Class 3
4		felony.
5		(c) For purposes of this Section, (1) "unborn child" shall
6		mean any individual of the human species from the implantation
7		of an embryo fertilization until birth, and (2) "person" shall
8		not include the pregnant individual woman whose unborn child is
9		killed.
10		(d) This Section shall not apply to acts which cause the
11		death of an unborn child if those acts were committed during
12		any abortion, as defined in Section 1-10 of the Reproductive
13		Health Act, Section 2 of the Illinois Abortion Law of 1975, as
14		amended, to which the pregnant individual woman has consented.
15		This Section shall not apply to acts which were committed
16		pursuant to usual and customary standards of medical practice
17		during diagnostic testing or therapeutic treatment.
18		(e) The provisions of this Section shall not be construed
19		to prohibit the prosecution of any person under any other
20		provision of law, nor shall it be construed to preclude any
21		civil cause of action.
22		(Source: P.A. 84-1414.)
23		(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
24		Sec. 12-3.1. Battery of an unborn child; aggravated battery
25		of an unborn child.

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1		(a) A person commits battery of an unborn child if he or
2		she knowingly without legal justification and by any means
3		causes bodily harm to an unborn child.
4		(a-5) A person commits aggravated battery of an unborn
5		child when, in committing a battery of an unborn child, he or
6		she knowingly causes great bodily harm or permanent disability
7		or disfigurement to an unborn child.
8		(b) For purposes of this Section, (1) "unborn child" shall
9		mean any individual of the human species from the implantation
10		of an embryo fertilization until birth, and (2) "person" shall
11		not include the pregnant individual woman whose unborn child is
12		harmed.
13		(c) Sentence. Battery of an unborn child is a Class A
14		misdemeanor. Aggravated battery of an unborn child is a Class 2
15		felony.
16		(d) This Section shall not apply to acts which cause bodily
17		harm to an unborn child if those acts were committed during any
18		abortion, as defined in Section 1-10 of the Reproductive Health
19		Act, Section 2 of the Illinois Abortion Law of 1975, as
20		amended, to which the pregnant individual woman has consented.
21		This Section shall not apply to acts which were committed
22		pursuant to usual and customary standards of medical practice
23		during diagnostic testing or therapeutic treatment.
24		(Source: P.A. 96-1551, eff. 7-1-11.)
25		Section 910-70. The Code of Civil Procedure is amended by

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

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1		department, agency, institution or facility which has custody
2		of the patient pursuant to State statute or any court order of
3		commitment, (9) in prosecutions where written results of blood
4		alcohol tests are admissible pursuant to Section 11-501.4 of
5		the Illinois Vehicle Code, (10) in prosecutions where written
6		results of blood alcohol tests are admissible under Section
7		5-11a of the Boat Registration and Safety Act, (11) in criminal
8		actions arising from the filing of a report of suspected
9		terrorist offense in compliance with Section 29D-10(p)(7) of
10		the Criminal Code of 2012, (12) upon the issuance of a subpoena
11		pursuant to Section 38 of the Medical Practice Act of 1987; the
12		issuance of a subpoena pursuant to Section 25.1 of the Illinois
13		Dental Practice Act; the issuance of a subpoena pursuant to
14		Section 22 of the Nursing Home Administrators Licensing and
15		Disciplinary Act; or the issuance of a subpoena pursuant to
16		Section 25.5 of the Workers' Compensation Act, (13) upon the
17		issuance of a grand jury subpoena pursuant to Article 112 of
18		the Code of Criminal Procedure of 1963, or (14) to or through a
19		health information exchange, as that term is defined in Section
20		2 of the Mental Health and Developmental Disabilities
21		Confidentiality Act, in accordance with State or federal law.
22		Upon disclosure under item (13) of this Section, in any
23		criminal action where the charge is domestic battery,
24		aggravated domestic battery, or an offense under Article 11 of
25		the Criminal Code of 2012 or where the patient is under the age
26		of 18 years or upon the request of the patient, the State's

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1		Attorney shall petition the court for a protective order
2		pursuant to Supreme Court Rule 415.
3		In the event of a conflict between the application of this
4		Section and the Mental Health and Developmental Disabilities
5		Confidentiality Act to a specific situation, the provisions of
6		the Mental Health and Developmental Disabilities
7		Confidentiality Act shall control.
8		(Source: P.A. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
9		eff. 7-20-15.)
10		Section 910-73. The Health Care Right of Conscience Act is
11		amended by changing Section 3 as follows:
12		(745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
13		Sec. 3. Definitions. As used in this Act, unless the
14		context clearly otherwise requires:
15		(a) "Health care" means any phase of patient care,
16		including but not limited to, testing; diagnosis;
17		prognosis; ancillary research; instructions; family
18		planning, counselling, referrals, or any other advice in
19		connection with the use or procurement of contraceptives
20		and sterilization or abortion procedures; medication; or
21		surgery or other care or treatment rendered by a physician
22		or physicians, nurses, paraprofessionals or health care
23		facility, intended for the physical, emotional, and mental
24		well-being of persons; or an abortion as defined by the

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

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1		(g) "Undue delay" means unreasonable delay that causes
2		impairment of the patient's health.
3		The above definitions include not only the traditional
4		combinations and forms of these persons and organizations but
5		also all new and emerging forms and combinations of these
6		persons and organizations.
7		(Source: P.A. 99-690, eff. 1-1-17.)
8		Section 910-75. The Rights of Married Persons Act is
9		amended by changing Section 15 as follows:
10		(750 ILCS 65/15) (from Ch. 40, par. 1015)
11		Sec. 15. (a)(1) The expenses of the family and of the
12		education of the children shall be chargeable upon the property
13		of both husband and wife, or of either of them, in favor of
14		creditors therefor, and in relation thereto they may be sued
15		jointly or separately.
16		(2) No creditor, who has a claim against a spouse or former
17		spouse for an expense incurred by that spouse or former spouse
18		which is not a family expense, shall maintain an action against
19		the other spouse or former spouse for that expense except:
20		(A) an expense for which the other spouse or former spouse
21		agreed, in writing, to be liable; or
22		(B) an expense for goods or merchandise purchased by or in
23		the possession of the other spouse or former spouse, or for
24		services ordered by the other spouse or former spouse.

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

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1		parents of such child, if they both have custody, or the parent
2		having custody, or legal guardian of such child, unless the
3		physician who performed the abortion certifies that such
4		abortion is necessary to preserve the life of the minor child
5		who obtained such abortion.
6		(Source: P.A. 86-689.)
7		Section 910-995. No acceleration or delay. Where this Act
8		makes changes in a statute that is represented in this Act by
9		text that is not yet or no longer in effect (for example, a
10		Section represented by multiple versions), the use of that text
11		does not accelerate or delay the taking effect of (i) the
12		changes made by this Act or (ii) provisions derived from any
13		other Public Act.
14		Article 999. EFFECTIVE DATE