Bill Text: IL HB0001 | 2015-2016 | 99th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Heroin Crisis Act. Contains only a short title provision.

Spectrum: Moderate Partisan Bill (Democrat 50-11)

Status: (Passed) 2015-09-11 - Public Act . . . . . . . . . 99-0480 [HB0001 Detail]

Download: Illinois-2015-HB0001-Engrossed.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1.
Section 1-1. This Article may be referred to as Lali's Law.
Section 1-5. The Pharmacy Practice Act is amended by adding
Section 19.1 as follows:
(225 ILCS 85/19.1 new)
Sec. 19.1. Dispensing naloxone antidotes.
(a) Due to the recent rise in opioid-related deaths in
Illinois and the existence of an opioid antagonist that can
reverse the deadly effects of overdose, the General Assembly
finds that in order to avoid further loss where possible, it is
responsible to allow greater access of such an antagonist to
those populations at risk of overdose.
(b) Notwithstanding any general or special law to the
contrary, a licensed pharmacist may dispense an opioid
antagonist in accordance with written, standardized procedures
or protocols developed by the Department with the Department of
Public Health and the Department of Human Services if the
procedures or protocols are filed at the pharmacy before

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implementation and are available to the Department upon
request.
(c) Before dispensing an opioid antagonist pursuant to this
Section, a pharmacist shall complete a training program
approved by the Department of Human Services pursuant to
Section 5-23 of the Alcoholism and Other Drug Abuse and
Dependency Act. The training program shall include, but not be
limited to, proper documentation and quality assurance.
(d) For the purpose of this Section, "opioid antagonist"
means a drug that binds to opioid receptors and blocks or
inhibits the effect of opioids acting on those receptors,
including, but not limited to, naloxone hydrochloride or any
other similarly acting and equally safe drug approved by the
U.S. Food and Drug Administration for the treatment of drug
overdose.
ARTICLE 5.
Section 5-1. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.

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(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint
lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or

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ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures and the use of personnel and
equipment to respond to an actual, a threatened, or a
reasonably potential danger to the safety of employees,
students, staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or

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on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when

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considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.

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(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing

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standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meeting or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances Act
during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.

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"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff.
7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised
10-1-14.)
Section 5-10. The State Employees Group Insurance Act of
1971 is amended by changing Section 6.11 as follows:

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(5 ILCS 375/6.11)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall provide
the post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t of
the Illinois Insurance Code. The program of health benefits
shall provide the coverage required under Sections 356g,
356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.17, and 356z.22 of the Illinois
Insurance Code. The program of health benefits must comply with
Sections 155.22a, 155.37, 355b, and 356z.19, 370c, and 370c.1
of the Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15.)
Section 5-15. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 5-23 and adding
Sections 5-24 and 20-20 as follows:

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(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Director of the Division of Alcoholism and
Substance Abuse shall may publish annually a report on drug
overdose trends statewide that reviews State death rates
from available data to ascertain changes in the causes or
rates of fatal and nonfatal drug overdose for the preceding
period of not less than 5 years. The report shall also
provide information on interventions that would be
effective in reducing the rate of fatal or nonfatal drug
overdose and shall include an analysis of drug overdose
information reported to the Department of Public Health
pursuant to subsection (e) of Section 3-3013 of the
Counties Code, Section 6.14g of the Hospital Licensing Act,
and subsection (j) of Section 22-30 of the School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room
utilization.
(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency
services utilization.
(D) Suggested improvements in data collection.

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(E) A description of other interventions effective
in reducing the rate of fatal or nonfatal drug
overdose.
(F) A description of efforts undertaken to educate
the public about unused medication and about how to
properly dispose of unused medication, including the
number of registered collection receptacles in this
State, mail-back programs, and drug take-back events.
(b) Programs; drug overdose prevention.
(1) The Director may establish a program to provide for
the production and publication, in electronic and other
formats, of drug overdose prevention, recognition, and
response literature. The Director may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in
the prevention of fatal and nonfatal drug overdose,
including, but not limited to, drug users, jail and prison
personnel, jail and prison inmates, drug treatment
professionals, emergency medical personnel, hospital
staff, families and associates of drug users, peace
officers, firefighters, public safety officers, needle
exchange program staff, and other persons. In addition to
information regarding drug overdose prevention,
recognition, and response, literature produced by the
Department shall stress that drug use remains illegal and
highly dangerous and that complete abstinence from illegal

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drug use is the healthiest choice. The literature shall
provide information and resources for substance abuse
treatment.
The Director may establish or authorize programs for
prescribing, dispensing, or distributing opioid
antagonists naloxone hydrochloride or any other similarly
acting and equally safe drug approved by the U.S. Food and
Drug Administration for the treatment of drug overdose.
Such programs may include the prescribing of opioid
antagonists naloxone hydrochloride or any other similarly
acting and equally safe drug approved by the U.S. Food and
Drug Administration for the treatment of drug overdose to a
person who is not at risk of opioid overdose but who, in
the judgment of the health care professional, may be in a
position to assist another individual during an
opioid-related drug overdose and who has received basic
instruction on how to administer an opioid antagonist and
education about administration by individuals who are not
personally at risk of opioid overdose.
(2) The Director may provide advice to State and local
officials on the growing drug overdose crisis, including
the prevalence of drug overdose incidents, programs
promoting the disposal of unused prescription drugs,
trends in drug overdose incidents, and solutions to the
drug overdose crisis.
(c) Grants.

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(1) The Director may award grants, in accordance with
this subsection, to create or support local drug overdose
prevention, recognition, and response projects. Local
health departments, correctional institutions, hospitals,
universities, community-based organizations, and
faith-based organizations may apply to the Department for a
grant under this subsection at the time and in the manner
the Director prescribes.
(2) In awarding grants, the Director shall consider the
necessity for overdose prevention projects in various
settings and shall encourage all grant applicants to
develop interventions that will be effective and viable in
their local areas.
(3) The Director shall give preference for grants to
proposals that, in addition to providing life-saving
interventions and responses, provide information to drug
users on how to access drug treatment or other strategies
for abstaining from illegal drugs. The Director shall give
preference to proposals that include one or more of the
following elements:
(A) Policies and projects to encourage persons,
including drug users, to call 911 when they witness a
potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and
response education projects in drug treatment centers,
outreach programs, and other organizations that work

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with, or have access to, drug users and their families
and communities.
(C) Drug overdose recognition and response
training, including rescue breathing, in drug
treatment centers and for other organizations that
work with, or have access to, drug users and their
families and communities.
(D) The production and distribution of targeted or
mass media materials on drug overdose prevention and
response, the potential dangers of keeping unused
prescription drugs in the home, and methods to properly
dispose of unused prescription drugs.
(E) Prescription and distribution of opioid
antagonists naloxone hydrochloride or any other
similarly acting and equally safe drug approved by the
U.S. Food and Drug Administration for the treatment of
drug overdose.
(F) The institution of education and training
projects on drug overdose response and treatment for
emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor
education and mutual support groups.
(4) In addition to moneys appropriated by the General
Assembly, the Director may seek grants from private
foundations, the federal government, and other sources to
fund the grants under this Section and to fund an

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evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid
antagonists drug overdose treatment medication.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or
dispenses an opioid antagonist antidote to: (a) a patient
who, in the judgment of the health care professional, is
capable of administering the drug in an emergency, or (b) a
person who is not at risk of opioid overdose but who, in
the judgment of the health care professional, may be in a
position to assist another individual during an
opioid-related drug overdose and who has received basic
instruction on how to administer an opioid antagonist shall
not, as a result of his or her acts or omissions, be
subject to: (i) any disciplinary or other adverse action
under the Medical Practice Act of 1987, the Physician
Assistant Practice Act of 1987, the Nurse Practice Act, the
Pharmacy Practice Act, or any other professional licensing
statute or (ii) any criminal liability, except for willful
and wanton misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist antidote may in an
emergency administer without fee an opioid antagonist
antidote if the person has received the patient information
specified in paragraph (4) of this subsection and believes
in good faith that another person is experiencing a drug

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overdose. The person shall not, as a result of his or her
acts or omissions, be (i) liable for any violation of the
Medical Practice Act of 1987, the Physician Assistant
Practice Act of 1987, the Nurse Practice Act, the Pharmacy
Practice Act, or any other professional licensing statute,
or (ii) subject to any criminal prosecution or civil
liability, except for willful and wanton misconduct
arising from or related to the unauthorized practice of
medicine or the possession of an opioid antidote.
(3) A health care professional prescribing an opioid
antagonist antidote to a patient shall ensure that the
patient receives the patient information specified in
paragraph (4) of this subsection. Patient information may
be provided by the health care professional or a
community-based organization, substance abuse program, or
other organization with which the health care professional
establishes a written agreement that includes a
description of how the organization will provide patient
information, how employees or volunteers providing
information will be trained, and standards for documenting
the provision of patient information to patients.
Provision of patient information shall be documented in the
patient's medical record or through similar means as
determined by agreement between the health care
professional and the organization. The Director of the
Division of Alcoholism and Substance Abuse, in

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consultation with statewide organizations representing
physicians, pharmacists, advanced practice nurses,
physician assistants, substance abuse programs, and other
interested groups, shall develop and disseminate to health
care professionals, community-based organizations,
substance abuse programs, and other organizations training
materials in video, electronic, or other formats to
facilitate the provision of such patient information.
(4) For the purposes of this subsection:
"Opioid antagonist antidote" means a drug that binds to
opioid receptors and blocks or inhibits the effect of
opioids acting on those receptors, including, but not
limited to naloxone hydrochloride or any other similarly
acting and equally safe drug approved by the U.S. Food and
Drug Administration for the treatment of drug overdose.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a physician
assistant who has been delegated prescriptive authority
the prescription or dispensation of an opioid antidote by
his or her supervising physician, an advanced practice
registered nurse who has a written collaborative agreement
with a collaborating physician that authorizes
prescriptive authority the prescription or dispensation of
an opioid antidote, or an advanced practice nurse or
physician assistant who practices in a hospital, hospital
affiliate, or ambulatory surgical treatment center and

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possesses appropriate clinical privileges in accordance
with the Nurse Practice Act or a pharmacist licensed to
practice pharmacy under the Pharmacy Practice Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,
may be in a position to assist another individual during an
overdose and who has received patient information as
required in paragraph (2) of this subsection on the
indications for and administration of an opioid antagonist
antidote.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation; opioid
antagonist antidote dosage and administration; the
importance of calling 911; care for the overdose victim
after administration of the overdose antagonist antidote;
and other issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those terms
are defined in the Line of Duty Compensation Act must
possess opioid antagonists and must establish a policy to
control the acquisition, storage, transportation, and
administration of such opioid antagonists and to provide
training in the administration of opioid antagonists. A
State or local government agency that employs a fireman as

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defined in the Line of Duty Compensation Act but does not
respond to emergency medical calls or provide medical
services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport
vehicle, or ambulance assist vehicle, as described in the
Emergency Medical Services (EMS) Systems Act, which
responds to requests for emergency services or transports
patients between hospitals in emergency situations must
possess opioid antagonists.
(3) Entities that are required under paragraphs (1) and
(2) to possess opioid antagonists may also apply to the
Department for a grant to fund the acquisition of opioid
antagonists and training programs on the administration of
opioid antagonists.
(Source: P.A. 96-361, eff. 1-1-10.)
(20 ILCS 301/5-24 new)
Sec. 5-24. Opiate prescriptions; educational materials.
The Department shall develop educational materials to educate
holders of opiate prescriptions about the dangers of children
and teens gaining access to these medications. The materials
shall include information regarding the means by which the
abuse of opiate prescriptions can lead to the illegal use of
heroin. The Department shall also develop a method of
distribution for such educational materials.

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(20 ILCS 301/20-20 new)
Sec. 20-20. Immunity from prosecution; drugs; public
education program. The Department shall develop and implement a
public education program to educate the public about the
provisions set forth in Section 414 of the Illinois Controlled
Substances Act granting immunity from prosecution for drug
overdose victims or persons seeking help for drug overdose
victims if the only evidence for the possession charge was
obtained as a result of the person seeking or obtaining
emergency medical assistance.
Section 5-25. The Department of State Police Law is amended
by adding Section 2605-97 as follows:
(20 ILCS 2605/2605-97 new)
Sec. 2605-97. Training; opioid antagonists. The Department
shall conduct or approve a training program for State police
officers in the administration of opioid antagonists as defined
in paragraph (1) of subsection (e) of Section 5-23 of the
Alcoholism and Other Drug Abuse and Dependency Act that is in
accordance with that Section. As used in this Section 2605-97,
the term "State police officers" includes full-time or
part-time State troopers, police officers, investigators, or
any other employee of the Department exercising the powers of a
peace officer.

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Section 5-30. The Illinois Criminal Justice Information
Act is amended by changing Section 9.3 as follows:
(20 ILCS 3930/9.3)
Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The
Prescription Pill and Drug Disposal Fund is created as a
special fund in the State treasury. Moneys in the Fund shall be
used for grants by the Illinois Criminal Justice Information
Authority to local law enforcement agencies for the purpose of
facilitating the collection, transportation, and incineration
of pharmaceuticals from residential sources that are collected
and transported by law enforcement agencies under Section 17.9A
of the Environmental Protection Act; to municipalities or
organizations that establish containers designated for the
collection and disposal of unused controlled substances and
conduct collection of unused controlled substances through
mail-back programs; and for the publication or advertising of
collection events or mail-back programs conducted by
municipalities or organizations. Before awarding a grant from
this Fund but no later than July 1, 2016 2012, the Authority
shall adopt rules that (i) specify the conditions under which
grants will be awarded from this Fund and (ii) otherwise
provide for the implementation and administration of the grant
program created by this Section. Interest attributable to
moneys in the Fund shall be paid into the Fund.

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(Source: P.A. 97-545, eff. 1-1-12.)
Section 5-35. The State Finance Act is amended by adding
Section 5.866 as follows:
(30 ILCS 105/5.866 new)
Sec. 5.866. The Parity Education Fund.
Section 5-40. The Illinois Police Training Act is amended
by changing Section 7 and by adding Section 10.17 as follows:
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include but not be limited to the following:
a. The curriculum for probationary police officers which
shall be offered by all certified schools shall include but not
be limited to courses of arrest, search and seizure, civil
rights, human relations, cultural diversity, including racial
and ethnic sensitivity, criminal law, law of criminal
procedure, vehicle and traffic law including uniform and
non-discriminatory enforcement of the Illinois Vehicle Code,
traffic control and accident investigation, techniques of
obtaining physical evidence, court testimonies, statements,
reports, firearms training, training in the use of electronic
control devices, including the psychological and physiological

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effects of the use of those devices on humans, first-aid
(including cardiopulmonary resuscitation), training in the
administration of opioid antagonists as defined in paragraph
(1) of subsection (e) of Section 5-23 of the Alcoholism and
Other Drug Abuse and Dependency Act, handling of juvenile
offenders, recognition of mental conditions which require
immediate assistance and methods to safeguard and provide
assistance to a person in need of mental treatment, recognition
of abuse, neglect, financial exploitation, and self-neglect of
adults with disabilities and older adults, as defined in
Section 2 of the Adult Protective Services Act, crimes against
the elderly, law of evidence, the hazards of high-speed police
vehicle chases with an emphasis on alternatives to the
high-speed chase, and physical training. The curriculum shall
include specific training in techniques for immediate response
to and investigation of cases of domestic violence and of
sexual assault of adults and children. The curriculum shall
include training in techniques designed to promote effective
communication at the initial contact with crime victims and
ways to comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act and
the Crime Victims Compensation Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other developmental
disabilities, reducing barriers to reporting crimes against
persons with autism, and addressing the unique challenges

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presented by cases involving victims or witnesses with autism
and other developmental disabilities. The curriculum for
permanent police officers shall include but not be limited to
(1) refresher and in-service training in any of the courses
listed above in this subparagraph, (2) advanced courses in any
of the subjects listed above in this subparagraph, (3) training
for supervisory personnel, and (4) specialized training in
subjects and fields to be selected by the board. The training
in the use of electronic control devices shall be conducted for
probationary police officers, including University police
officers.
b. Minimum courses of study, attendance requirements and
equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local law
enforcement officer for a participating local governmental
agency. Those requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must satisfactorily
complete before being eligible for permanent employment as a
county corrections officer for a participating local
governmental agency.
f. Minimum basic training requirements which a

HB0001 Engrossed - 26 - LRB099 00249 HEP 20254 b
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as a
court security officer for a participating local governmental
agency. The Board shall establish those training requirements
which it considers appropriate for court security officers and
shall certify schools to conduct that training.
A person hired to serve as a court security officer must
obtain from the Board a certificate (i) attesting to his or her
successful completion of the training course; (ii) attesting to
his or her satisfactory completion of a training program of
similar content and number of hours that has been found
acceptable by the Board under the provisions of this Act; or
(iii) attesting to the Board's determination that the training
course is unnecessary because of the person's extensive prior
law enforcement experience.
Individuals who currently serve as court security officers
shall be deemed qualified to continue to serve in that capacity
so long as they are certified as provided by this Act within 24
months of the effective date of this amendatory Act of 1996.
Failure to be so certified, absent a waiver from the Board,
shall cause the officer to forfeit his or her position.
All individuals hired as court security officers on or
after the effective date of this amendatory Act of 1996 shall
be certified within 12 months of the date of their hire, unless
a waiver has been obtained by the Board, or they shall forfeit
their positions.

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The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet the
eligibility requirements established under this Act. Either
the Sheriff's Merit Commission, or the Sheriff's Office if no
Sheriff's Merit Commission exists, shall establish a schedule
of reasonable intervals for verification of the applicants'
qualifications under this Act and as established by the Board.
(Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756,
eff. 7-16-14.)
(50 ILCS 705/10.17 new)
Sec. 10.17. Training; administration of opioid
antagonists. The Board shall conduct or approve an in-service
training program for police officers in the administration of
opioid antagonists as defined in paragraph (1) of subsection
(e) of Section 5-23 of the Alcoholism and Other Drug Abuse and
Dependency Act that is in accordance with that Section. As used
in this Section 10.17, the term "police officers" includes
full-time or part-time probationary police officers, permanent
or part-time police officers, law enforcement officers,
recruits, permanent or probationary county corrections
officers, permanent or probationary county security officers,
and court security officers. The term does not include

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auxiliary police officers as defined in Section 3.1-30-20 of
the Illinois Municipal Code.
Section 5-45. The Illinois Fire Protection Training Act is
amended by changing Section 8 and by adding Section 12.5 as
follows:
(50 ILCS 740/8) (from Ch. 85, par. 538)
Sec. 8. Rules and minimum standards for schools. The Office
shall adopt rules and minimum standards for such schools which
shall include but not be limited to the following:
a. Minimum courses of study, resources, facilities,
apparatus, equipment, reference material, established records
and procedures as determined by the Office.
b. Minimum requirements for instructors.
c. Minimum basic training requirements, which a trainee
must satisfactorily complete before being eligible for
permanent employment as a fire fighter in the fire department
of a participating local governmental agency. Those
requirements shall include training in first aid (including
cardiopulmonary resuscitation) and training in the
administration of opioid antagonists as defined in paragraph
(1) of subsection (e) of Section 5-23 of the Alcoholism and
Other Drug Abuse and Dependency Act.
(Source: P.A. 88-661, eff. 1-1-95.)

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(50 ILCS 740/12.5 new)
Sec. 12.5. In-service training; opioid antagonists. The
Office shall distribute an in-service training program for fire
fighters in the administration of opioid antagonists as defined
in paragraph (1) of subsection (e) of Section 5-23 of the
Alcoholism and Other Drug Abuse and Dependency Act that is
developed by the Department of Human Services in accordance
with that Section. As used in this Section 12.5, the term "fire
fighters" includes full-time or part-time fire fighters, but
does not include auxiliary, reserve, or volunteer
firefighters.
Section 5-50. The Counties Code is amended by changing
Sections 3-3013 and 5-1069.3 as follows:
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever, as
soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal or accidental, including but not
limited to deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical or radiational
injury, or a complication of any of them, or by drowning or

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

HB0001 Engrossed - 31 - LRB099 00249 HEP 20254 b
least 30 cc. or as much as possible up to 30 cc., be withdrawn
from the body of the decedent in a timely fashion after the
accident causing his death, by such physician as has been
designated in accordance with Section 3-3014, or by the coroner
or deputy coroner or a qualified person designated by such
physician, coroner, or deputy coroner. If the county does not
maintain laboratory facilities for making such analysis, the
blood and urine so drawn shall be sent to the Department of
State Police or any other accredited or State-certified
laboratory for analysis of the alcohol, carbon monoxide, and
dangerous or narcotic drug content of such blood and urine
specimens. Each specimen submitted shall be accompanied by
pertinent information concerning the decedent upon a form
prescribed by such laboratory. Any person drawing blood and
urine and any person making any examination of the blood and
urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred
or imposed.
In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e) above,
blood, and whenever possible, urine samples shall be analyzed
for the presence of alcohol and other drugs. When the coroner
suspects that drugs may have been involved in the death, either
directly or indirectly, a toxicological examination shall be
performed which may include analyses of blood, urine, bile,
gastric contents and other tissues. When the coroner suspects a

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death is due to toxic substances, other than drugs, the coroner
shall consult with the toxicologist prior to collection of
samples. Information submitted to the toxicologist shall
include information as to height, weight, age, sex and race of
the decedent as well as medical history, medications used by
and the manner of death of decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical
examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. Within 45 days after the
collection of the specimens, the coroner or medical examiner
shall deliver those specimens, dried, to the Illinois
Department of State Police, Division of Forensic Services, for
analysis and categorizing into genetic marker groupings to be
maintained by the Illinois Department of State Police in the
State central repository in the same manner, and subject to the
same conditions, as provided in Section 5-4-3 of the Unified
Code of Corrections. The requirements of this paragraph are in
addition to any other findings, specimens, or information that
the coroner or medical examiner is required to provide during
the conduct of a criminal investigation.
In all counties, in cases of apparent suicide, homicide, or
accidental death or in other cases, within the discretion of
the coroner, the coroner may summon 8 persons of lawful age

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from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgement which the coroner deems practical and
provides a reliable proof of service. The summons may be served
by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.
Inquests may be continued from time to time, as the coroner may
deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner

HB0001 Engrossed - 34 - LRB099 00249 HEP 20254 b
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the vacancy
or vacancies. At the coroner's discretion, additional jurors to
fill such vacancies shall be supplied by the jury commission. A
juror serving pursuant to this paragraph in such county shall
receive compensation from the county at the same rate as the
rate of compensation that is paid to petit or grand jurors in
the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in a
manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,

HB0001 Engrossed - 35 - LRB099 00249 HEP 20254 b
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors, the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Department of State Police.
All deaths in State institutions and all deaths of wards of
the State in private care facilities or in programs funded by
the Department of Human Services under its powers relating to
mental health and developmental disabilities or alcoholism and
substance abuse or funded by the Department of Children and
Family Services shall be reported to the coroner of the county
in which the facility is located. If the coroner has reason to
believe that an investigation is needed to determine whether
the death was caused by maltreatment or negligent care of the
ward of the State, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases of
death under circumstances set forth in paragraphs (a) through
(e) of this Section.
(Source: P.A. 95-484, eff. 6-1-08; 96-1059, eff. 7-14-10.)
(55 ILCS 5/5-1069.3)

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Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes of
providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, and 356z.22 of the Illinois Insurance Code.
The coverage shall comply with Sections 155.22a, 355b, and
356z.19, and 370c of the Illinois Insurance Code. The
requirement that health benefits be covered as provided in this
Section is an exclusive power and function of the State and is
a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution. A home rule county
to which this Section applies must comply with every provision
of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15.)

HB0001 Engrossed - 37 - LRB099 00249 HEP 20254 b
Section 5-55. The Illinois Municipal Code is amended by
changing Section 10-4-2.3 as follows:
(65 ILCS 5/10-4-2.3)
Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include coverage
for the post-mastectomy care benefits required to be covered by
a policy of accident and health insurance under Section 356t
and the coverage required under Sections 356g, 356g.5,
356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, and 356z.22 of the
Illinois Insurance Code. The coverage shall comply with
Sections 155.22a, 355b, and 356z.19, and 370c of the Illinois
Insurance Code. The requirement that health benefits be covered
as provided in this is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section
6, subsection (h) of the Illinois Constitution. A home rule
municipality to which this Section applies must comply with
every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for

HB0001 Engrossed - 38 - LRB099 00249 HEP 20254 b
whatever reason, is unauthorized.
(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15.)
Section 5-60. The School Code is amended by changing
Section 22-30 and adding Section 22-80 as follows:
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine auto-injectors; administration of
undesignated epinephrine auto-injectors; administration of an
opioid antagonist.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma inhaler" means a quick reliever asthma inhaler.
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Asthma medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(ii) a physician assistant who has been delegated prescriptive
authority the authority to prescribe asthma medications by his
or her supervising physician, or (iii) an advanced practice
nurse who has a written collaborative agreement with a
collaborating physician that delegates prescriptive authority
the authority to prescribe asthma medications, for a pupil that

HB0001 Engrossed - 39 - LRB099 00249 HEP 20254 b
pertains to the pupil's asthma and that has an individual
prescription label.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
auto-injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
physician assistant who has been delegated prescriptive
authority the authority to prescribe asthma medications or
epinephrine auto-injectors by his or her supervising
physician, or (iii) an advanced practice nurse who has a
collaborative agreement with a collaborating physician that
delegates prescriptive authority to issue a standing protocol
for asthma medications or epinephrine auto-injectors.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under

HB0001 Engrossed - 40 - LRB099 00249 HEP 20254 b
subsection (g) of this Section to recognize and respond to
anaphylaxis.
"Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a school
district, public school, or nonpublic school.
(b) A school, whether public or nonpublic, must permit the
self-administration and self-carry of asthma medication by a
pupil with asthma or the self-administration and self-carry of
an epinephrine auto-injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine auto-injector or (B) the
self-carry of an epinephrine auto-injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
auto-injector, a written statement from the pupil's
physician, physician assistant, or advanced practice nurse

HB0001 Engrossed - 41 - LRB099 00249 HEP 20254 b
containing the following information:
(A) the name and purpose of the epinephrine
auto-injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine
auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, or nonpublic school
may authorize the provision of a student-specific or
undesignated epinephrine auto-injector to a student or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
student's prescription on file.
(b-10) The school district, public school, or nonpublic
school may authorize a school nurse or trained personnel to do
the following: (i) provide an undesignated epinephrine
auto-injector to a student for self-administration only or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504

HB0001 Engrossed - 42 - LRB099 00249 HEP 20254 b
of the federal Rehabilitation Act of 1973 to administer to the
student, that meets the student's prescription on file; (ii)
administer an undesignated epinephrine auto-injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 that authorizes the use of an epinephrine auto-injector;
and (iii) administer an undesignated epinephrine auto-injector
to any person that the school nurse or trained personnel in
good faith believes is having an anaphylactic reaction; and
(iv) administer an opioid antagonist to any person that the
school nurse or trained personnel in good faith believes is
having an opioid overdose.
(c) The school district, public school, or nonpublic school
must inform the parents or guardians of the pupil, in writing,
that the school district, public school, or nonpublic school
and its employees and agents, including a physician, physician
assistant, or advanced practice nurse providing standing
protocol or prescription for school epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, or of an epinephrine auto-injector, or an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,

HB0001 Engrossed - 43 - LRB099 00249 HEP 20254 b
physician assistant, or advanced practice nurse. The parents or
guardians of the pupil must sign a statement acknowledging that
the school district, public school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, or of an
epinephrine auto-injector, or an opioid antagonist regardless
of whether authorization was given by the pupil's parents or
guardians or by the pupil's physician, physician assistant, or
advanced practice nurse and that the parents or guardians must
indemnify and hold harmless the school district, public school,
or nonpublic school and its employees and agents against any
claims, except a claim based on willful and wanton conduct,
arising out of the administration of asthma medication, or of
an epinephrine auto-injector, or an opioid antagonist
regardless of whether authorization was given by the pupil's
parents or guardians or by the pupil's physician, physician
assistant, or advanced practice nurse.
(c-5) When Upon the effective date of this amendatory Act
of the 98th General Assembly, when a school nurse or trained
personnel administers an undesignated epinephrine
auto-injector to a person whom the school nurse or trained
personnel in good faith believes is having an anaphylactic
reaction, or administers an opioid antagonist to a person whom
the school nurse or trained personnel in good faith believes is
having an opioid overdose, notwithstanding the lack of notice

HB0001 Engrossed - 44 - LRB099 00249 HEP 20254 b
to the parents or guardians of the pupil or the absence of the
parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, or nonpublic school and its employees
and agents, and a physician, a physician assistant, or an
advanced practice nurse providing standing protocol or
prescription for undesignated epinephrine auto-injectors, are
to incur no liability or professional discipline, except for
willful and wanton conduct, as a result of any injury arising
from the use of an undesignated epinephrine auto-injector or
the use of an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine auto-injector is effective for the school
year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine auto-injector
(i) while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)

HB0001 Engrossed - 45 - LRB099 00249 HEP 20254 b
before or after normal school activities, such as while in
before-school or after-school care on school-operated
property.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine auto-injector to any person whom
the school nurse or trained personnel in good faith believes to
be having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after normal
school activities, such as while in before-school or
after-school care on school-operated property. A school nurse
or trained personnel may carry undesignated epinephrine
auto-injectors on his or her person while in school or at a
school-sponsored activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an opioid
overdose (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry an opioid antagonist on their person while in school
or at a school-sponsored activity.

HB0001 Engrossed - 46 - LRB099 00249 HEP 20254 b
(f) The school district, public school, or nonpublic school
may maintain a supply of undesignated epinephrine
auto-injectors in any secure location where an allergic person
is most at risk, including, but not limited to, classrooms and
lunchrooms. A physician, a physician assistant who has been
delegated prescriptive authority for asthma medication or
epinephrine auto-injectors in accordance with Section 7.5 of
the Physician Assistant Practice Act of 1987, or an advanced
practice nurse who has been delegated prescriptive authority
for asthma medication or epinephrine auto-injectors in
accordance with Section 65-40 of the Nurse Practice Act may
prescribe undesignated epinephrine auto-injectors in the name
of the school district, public school, or nonpublic school to
be maintained for use when necessary. Any supply of epinephrine
auto-injectors shall be maintained in accordance with the
manufacturer's instructions.
The school district, public school, or nonpublic school may
maintain a supply of an opioid antagonist in any secure
location where an individual may have an opioid overdose. A
health care professional who has been delegated prescriptive
authority for opioid antagonists in accordance with Section
5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
may prescribe opioid antagonists in the name of the school
district, public school, or nonpublic school, to be maintained
for use when necessary. Any supply of opioid antagonists shall
be maintained in accordance with the manufacturer's

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instructions.
(f-5) Upon any administration of an epinephrine
auto-injector, a school district, public school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, or nonpublic school must immediately
activate the EMS system and notify the student's parent,
guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, or nonpublic school must notify the physician,
physician assistant, or advance practice nurse who provided the
standing protocol or prescription for the undesignated
epinephrine auto-injector of its use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, or nonpublic
school must notify the health care professional who provided
the prescription for the opioid antagonist of its use.
(g) Prior to the administration of an undesignated
epinephrine auto-injector, trained personnel must submit to
his or her school's administration proof of completion of a
training curriculum to recognize and respond to anaphylaxis
that meets the requirements of subsection (h) of this Section.
Training must be completed annually. Trained personnel must
also submit to his or her school's administration proof of

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cardiopulmonary resuscitation and automated external
defibrillator certification. The school district, public
school, or nonpublic school must maintain records related to
the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to their school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training must
be completed annually. Trained personnel must also submit to
the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, or
nonpublic school must maintain records relating to the training
curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine auto-injector, may be conducted online or in
person. It must include, but is not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) a review of high-risk areas within the school and
its related facilities;
(3) steps to take to prevent exposure to allergens;
(4) how to respond to an emergency involving an
allergic reaction;
(5) how to administer an epinephrine auto-injector;

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(6) how to respond to a student with a known allergy as
well as a student with a previously unknown allergy;
(7) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(8) other criteria as determined in rules adopted
pursuant to this Section.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State
Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Alcoholism and Other Drug Abuse and Dependency Act and
the corresponding rules. It must include, but is not limited

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to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 911;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine auto-injector by a school nurse,
trained personnel, or a student at a school or school-sponsored
activity, the school must report to the Board in a form and
manner prescribed by the Board the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;

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(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the Board.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the Board, in a form and manner prescribed by
the Board, the following information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the Board.
(j) By October 1, 2015 and every year thereafter, the Board
shall submit a report to the General Assembly identifying the
frequency and circumstances of epinephrine administration
during the preceding academic year. This report shall be
published on the Board's Internet website on the date the
report is delivered to the General Assembly.
On or before October 1, 2016 and every year thereafter, the
Board shall submit a report to the General Assembly and the
Department of Public Health identifying the frequency and
circumstances of opioid antagonist administration during the
preceding academic year. This report shall be published on the
State Board's Internet website on the date the report is

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delivered to the General Assembly.
(k) The Board may adopt rules necessary to implement this
Section.
(Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)
(105 ILCS 5/22-80 new)
Sec. 22-80. Heroin and opioid prevention pilot program. By
January 1, 2017, the State Board of Education and the
Department of Human Services shall develop and establish a
3-year heroin and opioid drug prevention pilot program that
offers educational materials and instruction on heroin and
opioid abuse to all school districts in the State for use at
their respective public elementary and secondary schools. A
school district's participation in the pilot program shall be
voluntary. Subject to appropriation, the Department of Human
Services shall reimburse a school district that decides to
participate in the pilot program for any costs it incurs in
connection with its participation in the pilot program. Each
school district that participates in the pilot program shall
have the discretion to determine which grade levels the school
district will instruct under the program.
The pilot program must use effective, research-proven,
interactive teaching methods and technologies, and must
provide students, parents, and school staff with scientific,
social, and emotional learning content to help them understand
the risk of drug use. Such learning content must specifically

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target the dangers of prescription pain medication and heroin
abuse. The Department may contract with a health education
organization to fulfill the requirements of the pilot program.
The State Board of Education, the Department of Human
Services, and any contracted organization shall submit an
annual report to the General Assembly that includes: (i) a list
of school districts participating in the pilot program; (ii)
the grade levels each school district instructs under the pilot
program; and (iii) any findings regarding the effectiveness of
the pilot program.
Section 5-65. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.30 and 3.50 as follows:
(210 ILCS 50/3.30)
Sec. 3.30. EMS Region Plan; Content.
(a) The EMS Medical Directors Committee shall address at
least the following:
(1) Protocols for inter-System/inter-Region patient
transports, including identifying the conditions of
emergency patients which may not be transported to the
different levels of emergency department, based on their
Department classifications and relevant Regional
considerations (e.g. transport times and distances);
(2) Regional standing medical orders;
(3) Patient transfer patterns, including criteria for

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determining whether a patient needs the specialized
services of a trauma center, along with protocols for the
bypassing of or diversion to any hospital, trauma center or
regional trauma center which are consistent with
individual System bypass or diversion protocols and
protocols for patient choice or refusal;
(4) Protocols for resolving Regional or Inter-System
conflict;
(5) An EMS disaster preparedness plan which includes
the actions and responsibilities of all EMS participants
within the Region. Within 90 days of the effective date of
this amendatory Act of 1996, an EMS System shall submit to
the Department for review an internal disaster plan. At a
minimum, the plan shall include contingency plans for the
transfer of patients to other facilities if an evacuation
of the hospital becomes necessary due to a catastrophe,
including but not limited to, a power failure;
(6) Regional standardization of continuing education
requirements;
(7) Regional standardization of Do Not Resuscitate
(DNR) policies, and protocols for power of attorney for
health care;
(8) Protocols for disbursement of Department grants;
and
(9) Protocols for the triage, treatment, and transport
of possible acute stroke patients; and .

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(10) Regional standing medical orders for the
administration of opioid antagonists.
(b) The Trauma Center Medical Directors or Trauma Center
Medical Directors Committee shall address at least the
following:
(1) The identification of Regional Trauma Centers;
(2) Protocols for inter-System and inter-Region trauma
patient transports, including identifying the conditions
of emergency patients which may not be transported to the
different levels of emergency department, based on their
Department classifications and relevant Regional
considerations (e.g. transport times and distances);
(3) Regional trauma standing medical orders;
(4) Trauma patient transfer patterns, including
criteria for determining whether a patient needs the
specialized services of a trauma center, along with
protocols for the bypassing of or diversion to any
hospital, trauma center or regional trauma center which are
consistent with individual System bypass or diversion
protocols and protocols for patient choice or refusal;
(5) The identification of which types of patients can
be cared for by Level I and Level II Trauma Centers;
(6) Criteria for inter-hospital transfer of trauma
patients;
(7) The treatment of trauma patients in each trauma
center within the Region;

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(8) A program for conducting a quarterly conference
which shall include at a minimum a discussion of morbidity
and mortality between all professional staff involved in
the care of trauma patients;
(9) The establishment of a Regional trauma quality
assurance and improvement subcommittee, consisting of
trauma surgeons, which shall perform periodic medical
audits of each trauma center's trauma services, and forward
tabulated data from such reviews to the Department; and
(10) The establishment, within 90 days of the effective
date of this amendatory Act of 1996, of an internal
disaster plan, which shall include, at a minimum,
contingency plans for the transfer of patients to other
facilities if an evacuation of the hospital becomes
necessary due to a catastrophe, including but not limited
to, a power failure.
(c) The Region's EMS Medical Directors and Trauma Center
Medical Directors Committees shall appoint any subcommittees
which they deem necessary to address specific issues concerning
Region activities.
(Source: P.A. 96-514, eff. 1-1-10.)
(210 ILCS 50/3.50)
Sec. 3.50. Emergency Medical Services personnel licensure
levels.
(a) "Emergency Medical Technician" or "EMT" means a person

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who has successfully completed a course in basic life support
as approved by the Department, is currently licensed by the
Department in accordance with standards prescribed by this Act
and rules adopted by the Department pursuant to this Act, and
practices within an EMS System. A valid Emergency Medical
Technician-Basic (EMT-B) license issued under this Act shall
continue to be valid and shall be recognized as an Emergency
Medical Technician (EMT) license until the Emergency Medical
Technician-Basic (EMT-B) license expires.
(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course in
intermediate life support as approved by the Department, is
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Intermediate or Advanced Life Support EMS System.
(b-5) "Advanced Emergency Medical Technician" or "A-EMT"
means a person who has successfully completed a course in basic
and limited advanced emergency medical care as approved by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
(c) "Paramedic (EMT-P)" means a person who has successfully
completed a course in advanced life support care as approved by
the Department, is licensed by the Department in accordance

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with standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Advanced Life Support EMS System. A valid Emergency Medical
Technician-Paramedic (EMT-P) license issued under this Act
shall continue to be valid and shall be recognized as a
Paramedic license until the Emergency Medical
Technician-Paramedic (EMT-P) license expires.
(c-5) "Emergency Medical Responder" or "EMR (First
Responder)" means a person who has successfully completed a
course in emergency medical response as approved by the
Department and provides emergency medical response services
prior to the arrival of an ambulance or specialized emergency
medical services vehicle, in accordance with the level of care
established by the National EMS Educational Standards
Emergency Medical Responder course as modified by the
Department. An Emergency Medical Responder who provides
services as part of an EMS System response plan shall comply
with the applicable sections of the Program Plan, as approved
by the Department, of that EMS System. The Department shall
have the authority to adopt rules governing the curriculum,
practice, and necessary equipment applicable to Emergency
Medical Responders.
On the effective date of this amendatory Act of the 98th
General Assembly, a person who is licensed by the Department as
a First Responder and has completed a Department-approved
course in first responder defibrillator training based on, or

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equivalent to, the National EMS Educational Standards or other
standards previously recognized by the Department shall be
eligible for licensure as an Emergency Medical Responder upon
meeting the licensure requirements and submitting an
application to the Department. A valid First Responder license
issued under this Act shall continue to be valid and shall be
recognized as an Emergency Medical Responder license until the
First Responder license expires.
(c-10) All EMS Systems and licensees shall be fully
compliant with the National EMS Education Standards, as
modified by the Department in administrative rules, within 24
months after the adoption of the administrative rules.
(d) The Department shall have the authority and
responsibility to:
(1) Prescribe education and training requirements,
which includes training in the use of epinephrine, for all
levels of EMS personnel except for EMRs, based on the
National EMS Educational Standards and any modifications
to those curricula specified by the Department through
rules adopted pursuant to this Act.
(2) Prescribe licensure testing requirements for all
levels of EMS personnel, which shall include a requirement
that all phases of instruction, training, and field
experience be completed before taking the appropriate
licensure examination. Candidates may elect to take the
appropriate National Registry examination in lieu of the

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Department's examination, but are responsible for making
their own arrangements for taking the National Registry
examination. In prescribing licensure testing requirements
for honorably discharged members of the armed forces of the
United States under this paragraph (2), the Department
shall ensure that a candidate's military emergency medical
training, emergency medical curriculum completed, and
clinical experience, as described in paragraph (2.5), are
recognized.
(2.5) Review applications for EMS personnel licensure
from honorably discharged members of the armed forces of
the United States with military emergency medical
training. Applications shall be filed with the Department
within one year after military discharge and shall contain:
(i) proof of successful completion of military emergency
medical training; (ii) a detailed description of the
emergency medical curriculum completed; and (iii) a
detailed description of the applicant's clinical
experience. The Department may request additional and
clarifying information. The Department shall evaluate the
application, including the applicant's training and
experience, consistent with the standards set forth under
subsections (a), (b), (c), and (d) of Section 3.10. If the
application clearly demonstrates that the training and
experience meets such standards, the Department shall
offer the applicant the opportunity to successfully

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complete a Department-approved EMS personnel examination
for the level of license for which the applicant is
qualified. Upon passage of an examination, the Department
shall issue a license, which shall be subject to all
provisions of this Act that are otherwise applicable to the
level of EMS personnel license issued.
(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
or Paramedic who have met the Department's education,
training and examination requirements.
(4) Prescribe annual continuing education and
relicensure requirements for all EMS personnel licensure
levels.
(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
A-EMT, or Paramedic every 4 years, based on their
compliance with continuing education and relicensure
requirements as required by the Department pursuant to this
Act. Every 4 years, a Paramedic shall have 100 hours of
approved continuing education, an EMT-I and an advanced EMT
shall have 80 hours of approved continuing education, and
an EMT shall have 60 hours of approved continuing
education. An Illinois licensed EMR, EMD, EMT, EMT-I,
A-EMT, Paramedic, ECRN, or PHRN whose license has been
expired for less than 36 months may apply for reinstatement
by the Department. Reinstatement shall require that the
applicant (i) submit satisfactory proof of completion of
continuing medical education and clinical requirements to

HB0001 Engrossed - 62 - LRB099 00249 HEP 20254 b
be prescribed by the Department in an administrative rule;
(ii) submit a positive recommendation from an Illinois EMS
Medical Director attesting to the applicant's
qualifications for retesting; and (iii) pass a Department
approved test for the level of EMS personnel license sought
to be reinstated.
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on
standards and procedures established by the Department in
rules adopted pursuant to this Act.
(7) Charge a fee for EMS personnel examination,
licensure, and license renewal.
(8) Suspend, revoke, or refuse to issue or renew the
license of any licensee, after an opportunity for an
impartial hearing before a neutral administrative law
judge appointed by the Director, where the preponderance of
the evidence shows one or more of the following:
(A) The licensee has not met continuing education
or relicensure requirements as prescribed by the
Department;
(B) The licensee has failed to maintain
proficiency in the level of skills for which he or she
is licensed;
(C) The licensee, during the provision of medical
services, engaged in dishonorable, unethical, or
unprofessional conduct of a character likely to

HB0001 Engrossed - 63 - LRB099 00249 HEP 20254 b
deceive, defraud, or harm the public;
(D) The licensee has failed to maintain or has
violated standards of performance and conduct as
prescribed by the Department in rules adopted pursuant
to this Act or his or her EMS System's Program Plan;
(E) The licensee is physically impaired to the
extent that he or she cannot physically perform the
skills and functions for which he or she is licensed,
as verified by a physician, unless the person is on
inactive status pursuant to Department regulations;
(F) The licensee is mentally impaired to the extent
that he or she cannot exercise the appropriate
judgment, skill and safety for performing the
functions for which he or she is licensed, as verified
by a physician, unless the person is on inactive status
pursuant to Department regulations;
(G) The licensee has violated this Act or any rule
adopted by the Department pursuant to this Act; or
(H) The licensee has been convicted (or entered a
plea of guilty or nolo-contendere) by a court of
competent jurisdiction of a Class X, Class 1, or Class
2 felony in this State or an out-of-state equivalent
offense.
(9) Prescribe education and training requirements in
the administration and use of opioid antagonists for all
levels of EMS personnel based on the National EMS

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Educational Standards and any modifications to those
curricula specified by the Department through rules
adopted pursuant to this Act.
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
PHRN who is a member of the Illinois National Guard or an
Illinois State Trooper or who exclusively serves as a volunteer
for units of local government with a population base of less
than 5,000 or as a volunteer for a not-for-profit organization
that serves a service area with a population base of less than
5,000 may submit an application to the Department for a waiver
of the fees described under paragraph (7) of subsection (d) of
this Section on a form prescribed by the Department.
The education requirements prescribed by the Department
under this Section must allow for the suspension of those
requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to fulfill
a particular education requirement. Such a person must fulfill
the education requirement within 6 months after his or her
release from active duty.
(e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition of the applicable EMS personnel license conflicts

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with or duplicates a provision of a collective bargaining
agreement that requires testing for drug use, that rule shall
not apply to any person covered by the collective bargaining
agreement.
(Source: P.A. 97-333, eff. 8-12-11; 97-509, eff. 8-23-11;
97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; 98-53, eff. 1-1-14;
98-463, eff. 8-16-13; 98-973, eff. 8-15-14.)
Section 5-70. The Hospital Licensing Act is amended by
adding Section 6.14g as follows:
(210 ILCS 85/6.14g new)
Sec. 6.14g. Reports to the Department; opioid overdoses.
(a) As used in this Section:
"Overdose" has the same meaning as provided in Section 414
of the Illinois Controlled Substances Act.
"Health care professional" includes a physician licensed
to practice medicine in all its branches, a physician
assistant, or an advanced practice nurse licensed in the State.
(b) When treatment is provided in a hospital's emergency
department, a health care professional who treats a drug
overdose or hospital administrator or designee shall report the
case to the Department of Public Health within 48 hours of
providing treatment for the drug overdose or at such time the
drug overdose is confirmed. The Department shall by rule create
a form for this purpose which requires the following

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information, if known: (1) whether an opioid antagonist was
administered; (2) the cause of the overdose; and (3) the
demographic information of the person treated. The Department
shall create the form with input from the statewide association
representing a majority of hospitals in Illinois. The person
completing the form may not disclose the name, address, or any
other personal information of the individual experiencing the
overdose.
(c) The identity of the person and entity reporting under
this subsection shall not be disclosed to the subject of the
report. For the purposes of this subsection, the health care
professional, hospital administrator, or designee making the
report and his or her employer shall not be held criminally,
civilly, or professionally liable for reporting under this
subsection, except for willful or wanton misconduct.
(d) The Department shall provide a semiannual report to the
General Assembly summarizing the reports received. The
Department shall also provide on its website a monthly report
of drug overdose figures. The figures shall be organized by the
overdose location, the age of the victim, the cause of the
overdose, and any other factors the Department deems
appropriate.
Section 5-72. The Safe Pharmaceutical Disposal Act is
amended by changing Section 17 as follows:

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(210 ILCS 150/17)
Sec. 17. Pharmaceutical disposal. Notwithstanding any
provision of law, any city, village, or municipality may
authorize the use of its city hall or police department to
display a container suitable for use as a receptacle for used,
expired, or unwanted pharmaceuticals. These used, expired, or
unwanted pharmaceuticals may include unused medication and
prescription drugs, as well as controlled substances if
collected in accordance with federal law. This receptacle shall
only permit the deposit of items, and the contents shall be
locked and secured. The container shall be accessible to the
public and shall have posted clearly legible signage indicating
that expired or unwanted prescription drugs may be disposed of
in the receptacle.
(Source: P.A. 97-546, eff. 1-1-12.)
Section 5-75. The Illinois Insurance Code is amended by
changing Sections 352, 370c, and 370c.1 and by adding Section
356z.23 as follows:
(215 ILCS 5/352) (from Ch. 73, par. 964)
Sec. 352. Scope of Article.
(a) Except as provided in subsections (b), (c), (d), and
(e), this Article shall apply to all companies transacting in
this State the kinds of business enumerated in clause (b) of
Class 1 and clause (a) of Class 2 of section 4. Nothing in this

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Article shall apply to, or in any way affect policies or
contracts described in clause (a) of Class 1 of Section 4;
however, this Article shall apply to policies and contracts
which contain benefits providing reimbursement for the
expenses of long term health care which are certified or
ordered by a physician including but not limited to
professional nursing care, custodial nursing care, and
non-nursing custodial care provided in a nursing home or at a
residence of the insured.
(b) (Blank). This Article does not apply to policies of
accident and health insurance issued in compliance with Article
XIXB of this Code.
(c) A policy issued and delivered in this State that
provides coverage under that policy for certificate holders who
are neither residents of nor employed in this State does not
need to provide to those nonresident certificate holders who
are not employed in this State the coverages or services
mandated by this Article.
(d) Stop-loss insurance is exempt from all Sections of this
Article, except this Section and Sections 353a, 354, 357.30,
and 370. For purposes of this exemption, stop-loss insurance is
further defined as follows:
(1) The policy must be issued to and insure an
employer, trustee, or other sponsor of the plan, or the
plan itself, but not employees, members, or participants.
(2) Payments by the insurer must be made to the

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employer, trustee, or other sponsors of the plan, or the
plan itself, but not to the employees, members,
participants, or health care providers.
(e) A policy issued or delivered in this State to the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) and providing coverage,
under clause (b) of Class 1 or clause (a) of Class 2 as
described in Section 4, to persons who are enrolled under
Article V of the Illinois Public Aid Code or under the
Children's Health Insurance Program Act is exempt from all
restrictions, limitations, standards, rules, or regulations
respecting benefits imposed by or under authority of this Code,
except those specified by subsection (1) of Section 143,
Section 370c, and Section 370c.1. Nothing in this subsection,
however, affects the total medical services available to
persons eligible for medical assistance under the Illinois
Public Aid Code.
(Source: P.A. 95-331, eff. 8-21-07.)
(215 ILCS 5/356z.23 new)
Sec. 356z.23. Coverage for opioid antagonists.
(a) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after the effective date of this amendatory Act of the 99th
General Assembly that provides coverage for prescription drugs
must provide coverage for at least one opioid antagonist,

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including the medication product, administration devices, and
any pharmacy administration fees related to the dispensing of
the opioid antagonist. This coverage must include refills for
expired or utilized opioid antagonists.
(b) As used in this Section, "opioid antagonist" means a
drug that binds to opioid receptors and blocks or inhibits the
effect of opioids acting on those receptors, including, but not
limited to, naloxone hydrochloride or any other similarly
acting drug approved by the U.S. Food and Drug Administration.
(215 ILCS 5/370c) (from Ch. 73, par. 982c)
Sec. 370c. Mental and emotional disorders.
(a) (1) On and after the effective date of this amendatory
Act of the 97th General Assembly, every insurer which amends,
delivers, issues, or renews group accident and health policies
providing coverage for hospital or medical treatment or
services for illness on an expense-incurred basis shall offer
to the applicant or group policyholder subject to the insurer's
standards of insurability, coverage for reasonable and
necessary treatment and services for mental, emotional or
nervous disorders or conditions, other than serious mental
illnesses as defined in item (2) of subsection (b), consistent
with the parity requirements of Section 370c.1 of this Code.
(2) Each insured that is covered for mental, emotional,
nervous, or substance use disorders or conditions shall be free
to select the physician licensed to practice medicine in all

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its branches, licensed clinical psychologist, licensed
clinical social worker, licensed clinical professional
counselor, licensed marriage and family therapist, licensed
speech-language pathologist, or other licensed or certified
professional at a program licensed pursuant to the Illinois
Alcoholism and Other Drug Abuse and Dependency Act of his
choice to treat such disorders, and the insurer shall pay the
covered charges of such physician licensed to practice medicine
in all its branches, licensed clinical psychologist, licensed
clinical social worker, licensed clinical professional
counselor, licensed marriage and family therapist, licensed
speech-language pathologist, or other licensed or certified
professional at a program licensed pursuant to the Illinois
Alcoholism and Other Drug Abuse and Dependency Act up to the
limits of coverage, provided (i) the disorder or condition
treated is covered by the policy, and (ii) the physician,
licensed psychologist, licensed clinical social worker,
licensed clinical professional counselor, licensed marriage
and family therapist, licensed speech-language pathologist, or
other licensed or certified professional at a program licensed
pursuant to the Illinois Alcoholism and Other Drug Abuse and
Dependency Act is authorized to provide said services under the
statutes of this State and in accordance with accepted
principles of his profession.
(3) Insofar as this Section applies solely to licensed
clinical social workers, licensed clinical professional

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counselors, licensed marriage and family therapists, licensed
speech-language pathologists, and other licensed or certified
professionals at programs licensed pursuant to the Illinois
Alcoholism and Other Drug Abuse and Dependency Act, those
persons who may provide services to individuals shall do so
after the licensed clinical social worker, licensed clinical
professional counselor, licensed marriage and family
therapist, licensed speech-language pathologist, or other
licensed or certified professional at a program licensed
pursuant to the Illinois Alcoholism and Other Drug Abuse and
Dependency Act has informed the patient of the desirability of
the patient conferring with the patient's primary care
physician and the licensed clinical social worker, licensed
clinical professional counselor, licensed marriage and family
therapist, licensed speech-language pathologist, or other
licensed or certified professional at a program licensed
pursuant to the Illinois Alcoholism and Other Drug Abuse and
Dependency Act has provided written notification to the
patient's primary care physician, if any, that services are
being provided to the patient. That notification may, however,
be waived by the patient on a written form. Those forms shall
be retained by the licensed clinical social worker, licensed
clinical professional counselor, licensed marriage and family
therapist, licensed speech-language pathologist, or other
licensed or certified professional at a program licensed
pursuant to the Illinois Alcoholism and Other Drug Abuse and

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Dependency Act for a period of not less than 5 years.
(b) (1) An insurer that provides coverage for hospital or
medical expenses under a group policy of accident and health
insurance or health care plan amended, delivered, issued, or
renewed on or after the effective date of this amendatory Act
of the 97th General Assembly shall provide coverage under the
policy for treatment of serious mental illness and substance
use disorders consistent with the parity requirements of
Section 370c.1 of this Code. This subsection does not apply to
any group policy of accident and health insurance or health
care plan for any plan year of a small employer as defined in
Section 5 of the Illinois Health Insurance Portability and
Accountability Act.
(2) "Serious mental illness" means the following
psychiatric illnesses as defined in the most current edition of
the Diagnostic and Statistical Manual (DSM) published by the
American Psychiatric Association:
(A) schizophrenia;
(B) paranoid and other psychotic disorders;
(C) bipolar disorders (hypomanic, manic, depressive,
and mixed);
(D) major depressive disorders (single episode or
recurrent);
(E) schizoaffective disorders (bipolar or depressive);
(F) pervasive developmental disorders;
(G) obsessive-compulsive disorders;

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(H) depression in childhood and adolescence;
(I) panic disorder;
(J) post-traumatic stress disorders (acute, chronic,
or with delayed onset); and
(K) anorexia nervosa and bulimia nervosa.
(2.5) "Substance use disorder" means the following mental
disorders as defined in the most current edition of the
Diagnostic and Statistical Manual (DSM) published by the
American Psychiatric Association:
(A) substance abuse disorders;
(B) substance dependence disorders; and
(C) substance induced disorders.
(3) Unless otherwise prohibited by federal law and
consistent with the parity requirements of Section 370c.1 of
this Code, the reimbursing insurer, a provider of treatment of
serious mental illness or substance use disorder shall furnish
medical records or other necessary data that substantiate that
initial or continued treatment is at all times medically
necessary. An insurer shall provide a mechanism for the timely
review by a provider holding the same license and practicing in
the same specialty as the patient's provider, who is
unaffiliated with the insurer, jointly selected by the patient
(or the patient's next of kin or legal representative if the
patient is unable to act for himself or herself), the patient's
provider, and the insurer in the event of a dispute between the
insurer and patient's provider regarding the medical necessity

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of a treatment proposed by a patient's provider. If the
reviewing provider determines the treatment to be medically
necessary, the insurer shall provide reimbursement for the
treatment. Future contractual or employment actions by the
insurer regarding the patient's provider may not be based on
the provider's participation in this procedure. Nothing
prevents the insured from agreeing in writing to continue
treatment at his or her expense. When making a determination of
the medical necessity for a treatment modality for serious
mental illness or substance use disorder, an insurer must make
the determination in a manner that is consistent with the
manner used to make that determination with respect to other
diseases or illnesses covered under the policy, including an
appeals process. Medical necessity determinations for
substance use disorders shall be made in accordance with
appropriate patient placement criteria established by the
American Society of Addiction Medicine. No additional criteria
may be used to make medical necessity determinations for
substance use disorders.
(4) A group health benefit plan amended, delivered, issued,
or renewed on or after the effective date of this amendatory
Act of the 97th General Assembly:
(A) shall provide coverage based upon medical
necessity for the treatment of mental illness and substance
use disorders consistent with the parity requirements of
Section 370c.1 of this Code; provided, however, that in

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each calendar year coverage shall not be less than the
following:
(i) 45 days of inpatient treatment; and
(ii) beginning on June 26, 2006 (the effective date
of Public Act 94-921), 60 visits for outpatient
treatment including group and individual outpatient
treatment; and
(iii) for plans or policies delivered, issued for
delivery, renewed, or modified after January 1, 2007
(the effective date of Public Act 94-906), 20
additional outpatient visits for speech therapy for
treatment of pervasive developmental disorders that
will be in addition to speech therapy provided pursuant
to item (ii) of this subparagraph (A); and
(B) may not include a lifetime limit on the number of
days of inpatient treatment or the number of outpatient
visits covered under the plan.
(C) (Blank).
(5) An issuer of a group health benefit plan may not count
toward the number of outpatient visits required to be covered
under this Section an outpatient visit for the purpose of
medication management and shall cover the outpatient visits
under the same terms and conditions as it covers outpatient
visits for the treatment of physical illness.
(5.5) An individual or group health benefit plan amended,
delivered, issued, or renewed on or after the effective date of

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this amendatory Act of the 99th General Assembly shall offer
coverage for medically necessary acute treatment services and
medically necessary clinical stabilization services. The
treating provider shall base all treatment recommendations and
the health benefit plan shall base all medical necessity
determinations for substance use disorders in accordance with
the most current edition of the American Society of Addiction
Medicine Patient Placement Criteria.
As used in this subsection:
"Acute treatment services" means 24-hour medically
supervised addiction treatment that provides evaluation and
withdrawal management and may include biopsychosocial
assessment, individual and group counseling, psychoeducational
groups, and discharge planning.
"Clinical stabilization services" means 24-hour treatment,
usually following acute treatment services for substance
abuse, which may include intensive education and counseling
regarding the nature of addiction and its consequences, relapse
prevention, outreach to families and significant others, and
aftercare planning for individuals beginning to engage in
recovery from addiction.
(6) An issuer of a group health benefit plan may provide or
offer coverage required under this Section through a managed
care plan.
(7) (Blank).
(8) (Blank).

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(9) With respect to substance use disorders, coverage for
inpatient treatment shall include coverage for treatment in a
residential treatment center licensed by the Department of
Public Health or the Department of Human Services, Division of
Alcoholism and Substance Abuse.
(c) This Section shall not be interpreted to require
coverage for speech therapy or other habilitative services for
those individuals covered under Section 356z.15 of this Code.
(d) The Department shall enforce the requirements of State
and federal parity law, which includes ensuring compliance by
individual and group policies; detecting violations of the law
by individual and group policies proactively monitoring
discriminatory practices; accepting, evaluating, and
responding to complaints regarding such violations; and
ensuring violations are appropriately remedied and deterred.
(e) Availability of plan information.
(1) The criteria for medical necessity determinations
made under a group health plan with respect to mental
health or substance use disorder benefits (or health
insurance coverage offered in connection with the plan with
respect to such benefits) must be made available by the
plan administrator (or the health insurance issuer
offering such coverage) to any current or potential
participant, beneficiary, or contracting provider upon
request.
(2) The reason for any denial under a group health plan

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(or health insurance coverage offered in connection with
such plan) of reimbursement or payment for services with
respect to mental health or substance use disorder benefits
in the case of any participant or beneficiary must be made
available within a reasonable time and in a reasonable
manner by the plan administrator (or the health insurance
issuer offering such coverage) to the participant or
beneficiary upon request.
(f) As used in this Section, "group policy of accident and
health insurance" and "group health benefit plan" includes (1)
State-regulated employer-sponsored group health insurance
plans written in Illinois and (2) State employee health plans.
(Source: P.A. 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10;
97-437, eff. 8-18-11.)
(215 ILCS 5/370c.1)
Sec. 370c.1. Mental health and addiction parity.
(a) On and after the effective date of this amendatory Act
of the 99th General Assembly this amendatory Act of the 97th
General Assembly, every insurer that amends, delivers, issues,
or renews a group or individual policy of accident and health
insurance or a qualified health plan offered through the Health
Insurance Marketplace policy of accident and health insurance
in this State providing coverage for hospital or medical
treatment and for the treatment of mental, emotional, nervous,
or substance use disorders or conditions shall ensure that:

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(1) the financial requirements applicable to such
mental, emotional, nervous, or substance use disorder or
condition benefits are no more restrictive than the
predominant financial requirements applied to
substantially all hospital and medical benefits covered by
the policy and that there are no separate cost-sharing
requirements that are applicable only with respect to
mental, emotional, nervous, or substance use disorder or
condition benefits; and
(2) the treatment limitations applicable to such
mental, emotional, nervous, or substance use disorder or
condition benefits are no more restrictive than the
predominant treatment limitations applied to substantially
all hospital and medical benefits covered by the policy and
that there are no separate treatment limitations that are
applicable only with respect to mental, emotional,
nervous, or substance use disorder or condition benefits.
(b) The following provisions shall apply concerning
aggregate lifetime limits:
(1) In the case of a group or individual policy of
accident and health insurance or a qualified health plan
offered through the Health Insurance Marketplace policy of
accident and health insurance amended, delivered, issued,
or renewed in this State on or after the effective date of
this amendatory Act of the 99th General Assembly this
amendatory Act of the 97th General Assembly that provides

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coverage for hospital or medical treatment and for the
treatment of mental, emotional, nervous, or substance use
disorders or conditions the following provisions shall
apply:
(A) if the policy does not include an aggregate
lifetime limit on substantially all hospital and
medical benefits, then the policy may not impose any
aggregate lifetime limit on mental, emotional,
nervous, or substance use disorder or condition
benefits; or
(B) if the policy includes an aggregate lifetime
limit on substantially all hospital and medical
benefits (in this subsection referred to as the
"applicable lifetime limit"), then the policy shall
either:
(i) apply the applicable lifetime limit both
to the hospital and medical benefits to which it
otherwise would apply and to mental, emotional,
nervous, or substance use disorder or condition
benefits and not distinguish in the application of
the limit between the hospital and medical
benefits and mental, emotional, nervous, or
substance use disorder or condition benefits; or
(ii) not include any aggregate lifetime limit
on mental, emotional, nervous, or substance use
disorder or condition benefits that is less than

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the applicable lifetime limit.
(2) In the case of a policy that is not described in
paragraph (1) of subsection (b) of this Section and that
includes no or different aggregate lifetime limits on
different categories of hospital and medical benefits, the
Director shall establish rules under which subparagraph
(B) of paragraph (1) of subsection (b) of this Section is
applied to such policy with respect to mental, emotional,
nervous, or substance use disorder or condition benefits by
substituting for the applicable lifetime limit an average
aggregate lifetime limit that is computed taking into
account the weighted average of the aggregate lifetime
limits applicable to such categories.
(c) The following provisions shall apply concerning annual
limits:
(1) In the case of a group or individual policy of
accident and health insurance or a qualified health plan
offered through the Health Insurance Marketplace policy of
accident and health insurance amended, delivered, issued,
or renewed in this State on or after the effective date of
this amendatory Act of the 99th General Assembly this
amendatory Act of the 97th General Assembly that provides
coverage for hospital or medical treatment and for the
treatment of mental, emotional, nervous, or substance use
disorders or conditions the following provisions shall
apply:

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(A) if the policy does not include an annual limit
on substantially all hospital and medical benefits,
then the policy may not impose any annual limits on
mental, emotional, nervous, or substance use disorder
or condition benefits; or
(B) if the policy includes an annual limit on
substantially all hospital and medical benefits (in
this subsection referred to as the "applicable annual
limit"), then the policy shall either:
(i) apply the applicable annual limit both to
the hospital and medical benefits to which it
otherwise would apply and to mental, emotional,
nervous, or substance use disorder or condition
benefits and not distinguish in the application of
the limit between the hospital and medical
benefits and mental, emotional, nervous, or
substance use disorder or condition benefits; or
(ii) not include any annual limit on mental,
emotional, nervous, or substance use disorder or
condition benefits that is less than the
applicable annual limit.
(2) In the case of a policy that is not described in
paragraph (1) of subsection (c) of this Section and that
includes no or different annual limits on different
categories of hospital and medical benefits, the Director
shall establish rules under which subparagraph (B) of

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paragraph (1) of subsection (c) of this Section is applied
to such policy with respect to mental, emotional, nervous,
or substance use disorder or condition benefits by
substituting for the applicable annual limit an average
annual limit that is computed taking into account the
weighted average of the annual limits applicable to such
categories.
(d) With respect to substance use disorders, an insurer
shall use policies and procedures for the election and
placement of substance abuse treatment drugs on their formulary
that are no less favorable to the insured as those policies and
procedures the insurer uses for the selection and placement of
other drugs and shall follow the expedited coverage
determination requirements for substance abuse treatment drugs
set forth in Section 45.2 of the Managed Care Reform and
Patient Rights Act.
(e) (d) This Section shall be interpreted in a manner
consistent with all applicable federal parity regulations
including, but not limited to, the Mental Health Parity and
Addiction Equity Act of 2008 at 78 FR 68240. the interim final
regulations promulgated by the U.S. Department of Health and
Human Services at 75 FR 5410, including the prohibition against
applying a cumulative financial requirement or cumulative
quantitative treatment limitation for mental, emotional,
nervous, or substance use disorder benefits that accumulates
separately from any cumulative financial requirement or

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cumulative quantitative treatment limitation established for
hospital and medical benefits in the same classification.
(f) (e) The provisions of subsections (b) and (c) of this
Section shall not be interpreted to allow the use of lifetime
or annual limits otherwise prohibited by State or federal law.
(f) This Section shall not apply to individual health
insurance coverage as defined in Section 5 of the Illinois
Health Insurance Portability and Accountability Act.
(g) As used in this Section:
"Financial requirement" includes deductibles, copayments,
coinsurance, and out-of-pocket maximums, but does not include
an aggregate lifetime limit or an annual limit subject to
subsections (b) and (c).
"Treatment limitation" includes limits on benefits based
on the frequency of treatment, number of visits, days of
coverage, days in a waiting period, or other similar limits on
the scope or duration of treatment. "Treatment limitation"
includes both quantitative treatment limitations, which are
expressed numerically (such as 50 outpatient visits per year),
and nonquantitative treatment limitations, which otherwise
limit the scope or duration of treatment. A permanent exclusion
of all benefits for a particular condition or disorder shall
not be considered a treatment limitation. "Nonquantitative
treatment" means those limitations as described under federal
regulations (26 CFR 54.9812-1).
(h) The Department of Insurance shall implement the

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following education initiatives:
(1) By January 1, 2016, the Department shall develop a
plan for a Consumer Education Campaign on parity. The
Consumer Education Campaign shall focus its efforts
throughout the State and include trainings in the northern,
southern, and central regions of the State, as defined by
the Department, as well as each of the 5 managed care
regions of the State as identified by the Department of
Healthcare and Family Services. Under this Consumer
Education Campaign, the Department shall: (1) by January 1,
2017, provide at least one live training in each region on
parity for consumers and providers and one webinar training
to be posted on the Department website and (2) establish a
consumer hotline to assist consumers in navigating the
parity process by March 1, 2016. By January 1, 2018 the
Department shall issue a report to the General Assembly on
the success of the Consumer Education Campaign, which shall
indicate whether additional training is necessary or would
be recommended.
(2) The Department, in coordination with the
Department of Human Services and the Department of
Healthcare and Family Services, shall convene a working
group of health care insurance carriers, mental health
advocacy groups, substance abuse patient advocacy groups,
and mental health physician groups for the purpose of
discussing issues related to the treatment and coverage of

HB0001 Engrossed - 87 - LRB099 00249 HEP 20254 b
substance abuse disorders and mental illness. The working
group shall meet once before January 1, 2016 and shall meet
semiannually thereafter. The Department shall issue an
annual report to the General Assembly that includes a list
of the health care insurance carriers, mental health
advocacy groups, substance abuse patient advocacy groups,
and mental health physician groups that participated in the
working group meetings, details on the issues and topics
covered, and any legislative recommendations.
(i) The Parity Education Fund is created as a special fund
in the State treasury. Moneys deposited into the Fund for
appropriation by the General Assembly to the Department of
Insurance shall be used for the purpose of providing financial
support of the Consumer Education Campaign.
(Source: P.A. 97-437, eff. 8-18-11.)
Section 5-80. The Health Carrier External Review Act is
amended by changing Sections 20 and 35 as follows:
(215 ILCS 180/20)
Sec. 20. Notice of right to external review.
(a) At the same time the health carrier sends written
notice of a covered person's right to appeal a coverage
decision upon an adverse determination or a final adverse
determination, a health carrier shall notify a covered person,
the covered person's authorized representative, if any, and a

HB0001 Engrossed - 88 - LRB099 00249 HEP 20254 b
covered person's health care provider in writing of the covered
person's right to request an external review as provided by
this Act. The written notice required shall include the
following, or substantially equivalent, language: "We have
denied your request for the provision of or payment for a
health care service or course of treatment. You have the right
to have our decision reviewed by an independent review
organization not associated with us by submitting a written
request for an external review to the Department of Insurance,
Office of Consumer Health Information, 320 West Washington
Street, 4th Floor, Springfield, Illinois, 62767.". The written
notice shall include a copy of the Department's Request for
External Review form.
(a-5) The Department may prescribe the form and content of
the notice required under this Section.
(b) In addition to the notice required in subsection (a),
for a notice related to an adverse determination, the health
carrier shall include a statement informing the covered person
of all of the following:
(1) If the covered person has a medical condition where
the timeframe for completion of (A) an expedited internal
review of an appeal involving an adverse determination, (B)
a final adverse determination, or (C) a standard external
review as established in this Act, would seriously
jeopardize the life or health of the covered person or
would jeopardize the covered person's ability to regain

HB0001 Engrossed - 89 - LRB099 00249 HEP 20254 b
maximum function, then the covered person or the covered
person's authorized representative may file a request for
an expedited external review.
(2) The covered person or the covered person's
authorized representative may file an appeal under the
health carrier's internal appeal process, but if the health
carrier has not issued a written decision to the covered
person or the covered person's authorized representative
30 days following the date the covered person or the
covered person's authorized representative files an appeal
of an adverse determination that involves a concurrent or
prospective review request or 60 days following the date
the covered person or the covered person's authorized
representative files an appeal of an adverse determination
that involves a retrospective review request with the
health carrier and the covered person or the covered
person's authorized representative has not requested or
agreed to a delay, then the covered person or the covered
person's authorized representative may file a request for
external review and shall be considered to have exhausted
the health carrier's internal appeal process for purposes
of this Act.
(3) If the covered person or the covered person's
authorized representative filed a request for an expedited
internal review of an adverse determination and has not
received a decision on such request from the health carrier

HB0001 Engrossed - 90 - LRB099 00249 HEP 20254 b
within 48 hours, except to the extent the covered person or
the covered person's authorized representative requested
or agreed to a delay, then the covered person or the
covered person's authorized representative may file a
request for external review and shall be considered to have
exhausted the health carrier's internal appeal process for
the purposes of this Act.
(4) If an adverse determination concerns a denial of
coverage based on a determination that the recommended or
requested health care service or treatment is experimental
or investigational and the covered person's health care
provider certifies in writing that the recommended or
requested health care service or treatment that is the
subject of the request would be significantly less
effective if not promptly initiated, then the covered
person or the covered person's authorized representative
may request an expedited external review at the same time
the covered person or the covered person's authorized
representative files a request for an expedited internal
appeal involving an adverse determination. The independent
review organization assigned to conduct the expedited
external review shall determine whether the covered person
is required to complete the expedited review of the appeal
prior to conducting the expedited external review.
(c) In addition to the notice required in subsection (a),
for a notice related to a final adverse determination, the

HB0001 Engrossed - 91 - LRB099 00249 HEP 20254 b
health carrier shall include a statement informing the covered
person of all of the following:
(1) if the covered person has a medical condition where
the timeframe for completion of a standard external review
would seriously jeopardize the life or health of the
covered person or would jeopardize the covered person's
ability to regain maximum function, then the covered person
or the covered person's authorized representative may file
a request for an expedited external review; or
(2) if a final adverse determination concerns an
admission, availability of care, continued stay, or health
care service for which the covered person received
emergency services, but has not been discharged from a
facility, then the covered person, or the covered person's
authorized representative, may request an expedited
external review; or
(3) if a final adverse determination concerns a denial
of coverage based on a determination that the recommended
or requested health care service or treatment is
experimental or investigational, and the covered person's
health care provider certifies in writing that the
recommended or requested health care service or treatment
that is the subject of the request would be significantly
less effective if not promptly initiated, then the covered
person or the covered person's authorized representative
may request an expedited external review.

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(d) In addition to the information to be provided pursuant
to subsections (a), (b), and (c) of this Section, the health
carrier shall include a copy of the description of both the
required standard and expedited external review procedures.
The description shall highlight the external review procedures
that give the covered person or the covered person's authorized
representative the opportunity to submit additional
information, including any forms used to process an external
review.
(e) As part of any forms provided under subsection (d) of
this Section, the health carrier shall include an authorization
form, or other document approved by the Director, by which the
covered person, for purposes of conducting an external review
under this Act, authorizes the health carrier and the covered
person's treating health care provider to disclose protected
health information, including medical records, concerning the
covered person that is pertinent to the external review, as
provided in the Illinois Insurance Code.
(Source: P.A. 96-857, eff. 7-1-10; 97-574, eff. 8-26-11.)
(215 ILCS 180/35)
Sec. 35. Standard external review.
(a) Within 4 months after the date of receipt of a notice
of an adverse determination or final adverse determination, a
covered person or the covered person's authorized
representative may file a request for an external review with

HB0001 Engrossed - 93 - LRB099 00249 HEP 20254 b
the Director. Within one business day after the date of receipt
of a request for external review, the Director shall send a
copy of the request to the health carrier.
(b) Within 5 business days following the date of receipt of
the external review request, the health carrier shall complete
a preliminary review of the request to determine whether:
(1) the individual is or was a covered person in the
health benefit plan at the time the health care service was
requested or at the time the health care service was
provided;
(2) the health care service that is the subject of the
adverse determination or the final adverse determination
is a covered service under the covered person's health
benefit plan, but the health carrier has determined that
the health care service is not covered;
(3) the covered person has exhausted the health
carrier's internal appeal process unless the covered
person is not required to exhaust the health carrier's
internal appeal process pursuant to this Act;
(4) (blank); and
(5) the covered person has provided all the information
and forms required to process an external review, as
specified in this Act.
(c) Within one business day after completion of the
preliminary review, the health carrier shall notify the
Director and covered person and, if applicable, the covered

HB0001 Engrossed - 94 - LRB099 00249 HEP 20254 b
person's authorized representative in writing whether the
request is complete and eligible for external review. If the
request:
(1) is not complete, the health carrier shall inform
the Director and covered person and, if applicable, the
covered person's authorized representative in writing and
include in the notice what information or materials are
required by this Act to make the request complete; or
(2) is not eligible for external review, the health
carrier shall inform the Director and covered person and,
if applicable, the covered person's authorized
representative in writing and include in the notice the
reasons for its ineligibility.
The Department may specify the form for the health
carrier's notice of initial determination under this
subsection (c) and any supporting information to be included in
the notice.
The notice of initial determination of ineligibility shall
include a statement informing the covered person and, if
applicable, the covered person's authorized representative
that a health carrier's initial determination that the external
review request is ineligible for review may be appealed to the
Director by filing a complaint with the Director.
Notwithstanding a health carrier's initial determination
that the request is ineligible for external review, the
Director may determine that a request is eligible for external

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review and require that it be referred for external review. In
making such determination, the Director's decision shall be in
accordance with the terms of the covered person's health
benefit plan, unless such terms are inconsistent with
applicable law, and shall be subject to all applicable
provisions of this Act.
(d) Whenever the Director receives notice that a request is
eligible for external review following the preliminary review
conducted pursuant to this Section, within one business day
after the date of receipt of the notice, the Director shall:
(1) assign an independent review organization from the
list of approved independent review organizations compiled
and maintained by the Director pursuant to this Act and
notify the health carrier of the name of the assigned
independent review organization; and
(2) notify in writing the covered person and, if
applicable, the covered person's authorized representative
of the request's eligibility and acceptance for external
review and the name of the independent review organization.
The Director shall include in the notice provided to the
covered person and, if applicable, the covered person's
authorized representative a statement that the covered person
or the covered person's authorized representative may, within 5
business days following the date of receipt of the notice
provided pursuant to item (2) of this subsection (d), submit in
writing to the assigned independent review organization

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additional information that the independent review
organization shall consider when conducting the external
review. The independent review organization is not required to,
but may, accept and consider additional information submitted
after 5 business days.
(e) The assignment by the Director of an approved
independent review organization to conduct an external review
in accordance with this Section shall be done on a random basis
among those independent review organizations approved by the
Director pursuant to this Act.
(f) Within 5 business days after the date of receipt of the
notice provided pursuant to item (1) of subsection (d) of this
Section, the health carrier or its designee utilization review
organization shall provide to the assigned independent review
organization the documents and any information considered in
making the adverse determination or final adverse
determination; in such cases, the following provisions shall
apply:
(1) Except as provided in item (2) of this subsection
(f), failure by the health carrier or its utilization
review organization to provide the documents and
information within the specified time frame shall not delay
the conduct of the external review.
(2) If the health carrier or its utilization review
organization fails to provide the documents and
information within the specified time frame, the assigned

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independent review organization may terminate the external
review and make a decision to reverse the adverse
determination or final adverse determination.
(3) Within one business day after making the decision
to terminate the external review and make a decision to
reverse the adverse determination or final adverse
determination under item (2) of this subsection (f), the
independent review organization shall notify the Director,
the health carrier, the covered person and, if applicable,
the covered person's authorized representative, of its
decision to reverse the adverse determination.
(g) Upon receipt of the information from the health carrier
or its utilization review organization, the assigned
independent review organization shall review all of the
information and documents and any other information submitted
in writing to the independent review organization by the
covered person and the covered person's authorized
representative.
(h) Upon receipt of any information submitted by the
covered person or the covered person's authorized
representative, the independent review organization shall
forward the information to the health carrier within 1 business
day.
(1) Upon receipt of the information, if any, the health
carrier may reconsider its adverse determination or final
adverse determination that is the subject of the external

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review.
(2) Reconsideration by the health carrier of its
adverse determination or final adverse determination shall
not delay or terminate the external review.
(3) The external review may only be terminated if the
health carrier decides, upon completion of its
reconsideration, to reverse its adverse determination or
final adverse determination and provide coverage or
payment for the health care service that is the subject of
the adverse determination or final adverse determination.
In such cases, the following provisions shall apply:
(A) Within one business day after making the
decision to reverse its adverse determination or final
adverse determination, the health carrier shall notify
the Director, the covered person and, if applicable,
the covered person's authorized representative, and
the assigned independent review organization in
writing of its decision.
(B) Upon notice from the health carrier that the
health carrier has made a decision to reverse its
adverse determination or final adverse determination,
the assigned independent review organization shall
terminate the external review.
(i) In addition to the documents and information provided
by the health carrier or its utilization review organization
and the covered person and the covered person's authorized

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representative, if any, the independent review organization,
to the extent the information or documents are available and
the independent review organization considers them
appropriate, shall consider the following in reaching a
decision:
(1) the covered person's pertinent medical records;
(2) the covered person's health care provider's
recommendation;
(3) consulting reports from appropriate health care
providers and other documents submitted by the health
carrier or its designee utilization review organization,
the covered person, the covered person's authorized
representative, or the covered person's treating provider;
(4) the terms of coverage under the covered person's
health benefit plan with the health carrier to ensure that
the independent review organization's decision is not
contrary to the terms of coverage under the covered
person's health benefit plan with the health carrier,
unless the terms are inconsistent with applicable law;
(5) the most appropriate practice guidelines, which
shall include applicable evidence-based standards and may
include any other practice guidelines developed by the
federal government, national or professional medical
societies, boards, and associations;
(6) any applicable clinical review criteria developed
and used by the health carrier or its designee utilization

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review organization;
(7) the opinion of the independent review
organization's clinical reviewer or reviewers after
considering items (1) through (6) of this subsection (i) to
the extent the information or documents are available and
the clinical reviewer or reviewers considers the
information or documents appropriate; and
(8) (blank); and .
(9) in the case of medically necessary determinations
for substance use disorders, the patient placement
criteria established by the American Society of Addiction
Medicine.
(j) Within 5 days after the date of receipt of all
necessary information, but in no event more than 45 days after
the date of receipt of the request for an external review, the
assigned independent review organization shall provide written
notice of its decision to uphold or reverse the adverse
determination or the final adverse determination to the
Director, the health carrier, the covered person, and, if
applicable, the covered person's authorized representative. In
reaching a decision, the assigned independent review
organization is not bound by any claim determinations reached
prior to the submission of information to the independent
review organization. In such cases, the following provisions
shall apply:
(1) The independent review organization shall include

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in the notice:
(A) a general description of the reason for the
request for external review;
(B) the date the independent review organization
received the assignment from the Director to conduct
the external review;
(C) the time period during which the external
review was conducted;
(D) references to the evidence or documentation,
including the evidence-based standards, considered in
reaching its decision;
(E) the date of its decision;
(F) the principal reason or reasons for its
decision, including what applicable, if any,
evidence-based standards that were a basis for its
decision; and
(G) the rationale for its decision.
(2) (Blank).
(3) (Blank).
(4) Upon receipt of a notice of a decision reversing
the adverse determination or final adverse determination,
the health carrier immediately shall approve the coverage
that was the subject of the adverse determination or final
adverse determination.
(Source: P.A. 96-857, eff. 7-1-10; 96-967, eff. 1-1-11; 97-574,
eff. 8-26-11.)

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Section 5-85. The Illinois Public Aid Code is amended by
changing Sections 5-5 and 5-16.8 as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician

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skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State, but not including abortions, or induced
miscarriages or premature births, unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an

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induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician
has been found guilty of performing an abortion procedure in a
wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the

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Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured under
this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare and
Family Services may provide the following services to persons
eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the

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diseases of the eye, or by an optometrist, whichever the
person may select.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical assistance
program. A not-for-profit health clinic shall include a public
health clinic or Federally Qualified Health Center or other
enrolled provider, as determined by the Department, through
which dental services covered under this Section are performed.
The Department shall establish a process for payment of claims
for reimbursement for covered dental services rendered under
this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,

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and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per

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breast for 2 views of an average size breast. The term also
includes digital mammography.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall be
reimbursed for screening and diagnostic mammography at the same
rate as the Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.

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The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. An evaluation of the
pilot program shall be carried out measuring health outcomes
and cost of care for those served by the pilot program compared
to similarly situated patients who are not served by the pilot
program.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of drug abuse or is addicted as
defined in the Alcoholism and Other Drug Abuse and Dependency
Act, referral to a local substance abuse treatment provider
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug

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Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with

HB0001 Engrossed - 111 - LRB099 00249 HEP 20254 b
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.

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(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care

HB0001 Engrossed - 113 - LRB099 00249 HEP 20254 b
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. Such records must be retained for a period of not
less than 6 years from the date of service or as provided by
applicable State law, whichever period is longer, except that
if an audit is initiated within the required retention period
then the records must be retained until the audit is completed
and every exception is resolved. The Illinois Department shall
require health care providers to make available, when
authorized by the patient, in writing, the medical records in a
timely fashion to other health care providers who are treating
or serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be required
to maintain and retain business and professional records
sufficient to fully and accurately document the nature, scope,
details and receipt of the health care provided to persons
eligible for medical assistance under this Code, in accordance
with regulations promulgated by the Illinois Department. The
rules and regulations shall require that proof of the receipt
of prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment

HB0001 Engrossed - 114 - LRB099 00249 HEP 20254 b
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after the effective date of this
amendatory Act of 1984, the Illinois Department shall establish
a current list of acquisition costs for all prosthetic devices
and any other items recognized as medical equipment and
supplies reimbursable under this Article and shall update such
list on a quarterly basis, except that the acquisition costs of
all prescription drugs shall be updated no less frequently than
every 30 days as required by Section 5-5.12.
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for
abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after July 22, 2013, (the
effective date of Public Act 98-104), establish procedures to
permit skilled care facilities licensed under the Nursing Home
Care Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall have an additional 365 days to test the
viability of the new system and to ensure that any necessary

HB0001 Engrossed - 115 - LRB099 00249 HEP 20254 b
operational or structural changes to its information
technology platforms are implemented.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after August 15, 2014 (the
effective date of Public Act 98-963) this amendatory Act of the
98th General Assembly, establish procedures to permit ID/DD
facilities licensed under the ID/DD Community Care Act to
submit monthly billing claims for reimbursement purposes.
Following development of these procedures, the Department
shall have an additional 365 days to test the viability of the
new system and to ensure that any necessary operational or
structural changes to its information technology platforms are
implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may

HB0001 Engrossed - 116 - LRB099 00249 HEP 20254 b
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the period
of conditional enrollment, the Department may terminate the
vendor's eligibility to participate in, or may disenroll the
vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit

HB0001 Engrossed - 117 - LRB099 00249 HEP 20254 b
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries

HB0001 Engrossed - 118 - LRB099 00249 HEP 20254 b
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 5 days of
receipt by the facility of required prescreening information,
data for new admissions shall be entered into the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or successor system, and
within 15 days of receipt by the facility of required
prescreening information, admission documents shall be
submitted through MEDI or REV or shall be submitted directly to
the Department of Human Services using required admission
forms. Effective September 1, 2014, admission documents,

HB0001 Engrossed - 119 - LRB099 00249 HEP 20254 b
including all prescreening information, must be submitted
through MEDI or REV. Confirmation numbers assigned to an
accepted transaction shall be retained by a facility to verify
timely submittal. Once an admission transaction has been
completed, all resubmitted claims following prior rejection
are subject to receipt no later than 180 days after the
admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data necessary
to perform eligibility and payment verifications and other
Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with

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State agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, under which
such agencies and departments shall share data necessary for
medical assistance program integrity functions and oversight.
The Illinois Department shall develop, in cooperation with
other State departments and agencies, and in compliance with
applicable federal laws and regulations, appropriate and
effective methods to share such data. At a minimum, and to the
extent necessary to provide data sharing, the Illinois
Department shall enter into agreements with State agencies and
departments, and is authorized to enter into agreements with
federal agencies and departments, including but not limited to:
the Secretary of State; the Department of Revenue; the
Department of Public Health; the Department of Human Services;
and the Department of Financial and Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for

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information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients; and (2) rental,
lease, purchase or lease-purchase of durable medical equipment
in a cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Subject to prior approval, such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped; and

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(iii) notwithstanding any other provision of law, subject to
federal approval, on and after July 1, 2012, an increase in the
determination of need (DON) scores from 29 to 37 for applicants
for institutional and home and community-based long term care;
if and only if federal approval is not granted, the Department
may, in conjunction with other affected agencies, implement
utilization controls or changes in benefit packages to
effectuate a similar savings amount for this population; and
(iv) no later than July 1, 2013, minimum level of care
eligibility criteria for institutional and home and
community-based long term care; and (v) no later than October
1, 2013, establish procedures to permit long term care
providers access to eligibility scores for individuals with an
admission date who are seeking or receiving services from the
long term care provider. In order to select the minimum level
of care eligibility criteria, the Governor shall establish a
workgroup that includes affected agency representatives and
stakeholders representing the institutional and home and
community-based long term care interests. This Section shall
not restrict the Department from implementing lower level of
care eligibility criteria for community-based services in
circumstances where federal approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and

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programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with
the Secretary of the Senate, one copy with the Legislative
Research Unit, and such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this

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Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
Because kidney transplantation can be an appropriate, cost
effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11 of
this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3 of
this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons under
Section 5-2 of this Code. To qualify for coverage of kidney
transplantation, such person must be receiving emergency renal
dialysis services covered by the Department. Providers under
this Section shall be prior approved and certified by the
Department to perform kidney transplantation and the services

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under this Section shall be limited to services associated with
kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical
assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed for
the treatment of an opioid overdose, including the medication
product, administration devices, and any pharmacy fees related
to the dispensing and administration of the opioid antagonist,
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance under
this Article. As used in this Section, "opioid antagonist"
means a drug that binds to opioid receptors and blocks or
inhibits the effect of opioids acting on those receptors,
including, but not limited to, naloxone hydrochloride or any
other similarly acting drug approved by the U.S. Food and Drug
Administration.
(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,

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eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section
9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.
7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651,
eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14;
revised 10-2-14.)
(305 ILCS 5/5-16.8)
Sec. 5-16.8. Required health benefits. The medical
assistance program shall (i) provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356u, 356w, 356x, and 356z.6 of the
Illinois Insurance Code and (ii) be subject to the provisions
of Sections 356z.19, and 364.01, 370c, and 370c.1 of the
Illinois Insurance Code.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
(Source: P.A. 97-282, eff. 8-9-11; 97-689, eff. 6-14-12.)
Section 5-88. The Environmental Protection Act is amended
by changing Section 22.55 as follows:
(415 ILCS 5/22.55)

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Sec. 22.55. Household Waste Drop-off Points.
(a) Findings; Purpose and Intent.
(1) The General Assembly finds that protection of human
health and the environment can be enhanced if certain
commonly generated household wastes are managed separately
from the general household waste stream.
(2) The purpose of this Section is to provide, to the
extent allowed under federal law, a method for managing
certain types of household waste separately from the
general household waste stream.
(b) Definitions. For the purposes of this Section:
"Controlled substance" means a controlled substance as
defined in the Illinois Controlled Substances Act.
"Household waste" means waste generated from a single
residence or multiple residences.
"Household waste drop-off point" means the portion of a
site or facility used solely for the receipt and temporary
storage of household waste.
"One-day household waste collection event" means a
household waste drop-off point approved by the Agency under
subsection (d) of this Section.
"Personal care product" means an item other than a
pharmaceutical product that is consumed or applied by an
individual for personal health, hygiene, or cosmetic
reasons. Personal care products include, but are not
limited to, items used in bathing, dressing, or grooming.

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"Pharmaceutical product" means medicine or a product
containing medicine. A pharmaceutical product may be sold
by prescription or over the counter. "Pharmaceutical
product" does not include (i) medicine that contains a
radioactive component or a product that contains a
radioactive component or (ii) a controlled substance.
(c) Except as otherwise provided in Agency rules, the
following requirements apply to each household waste drop-off
point other than a one-day household waste collection event:
(1) A household waste drop-off point must not accept
waste other than the following types of household waste:
pharmaceutical products, personal care products, batteries
other than lead-acid batteries, paints, automotive fluids,
compact fluorescent lightbulbs, mercury thermometers, and
mercury thermostats. A household waste drop-off point may
accept controlled substances in accordance with federal
law.
(2) Except as provided in subdivision (c)(2) of this
Section, household waste drop-off points must be located at
a site or facility where the types of products accepted at
the household waste drop-off point are lawfully sold,
distributed, or dispensed. For example, household waste
drop-off points that accept prescription pharmaceutical
products must be located at a site or facility where
prescription pharmaceutical products are sold,
distributed, or dispensed.

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(A) Subdivision (c)(2) of this Section does not
apply to household waste drop-off points operated by a
government or school entity, or by an association or
other organization of government or school entities.
(B) Household waste drop-off points that accept
mercury thermometers can be located at any site or
facility where non-mercury thermometers are sold,
distributed, or dispensed.
(C) Household waste drop-off points that accept
mercury thermostats can be located at any site or
facility where non-mercury thermostats are sold,
distributed, or dispensed.
(3) The location of acceptance for each type of waste
accepted at the household waste drop-off point must be
clearly identified. Locations where pharmaceutical
products are accepted must also include a copy of the sign
required under subsection (j) of this Section.
(4) Household waste must be accepted only from private
individuals. Waste must not be accepted from other persons,
including, but not limited to, owners and operators of
rented or leased residences where the household waste was
generated, commercial haulers, and other commercial,
industrial, agricultural, and government operations or
entities.
(5) If more than one type of household waste is
accepted, each type of household waste must be managed

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separately prior to its packaging for off-site transfer.
(6) Household waste must not be stored for longer than
90 days after its receipt, except as otherwise approved by
the Agency in writing.
(7) Household waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the
environment. Household waste must also be properly secured
to prevent unauthorized public access to the waste,
including, but not limited to, preventing access to the
waste during the non-business hours of the site or facility
on which the household waste drop-off point is located.
Containers in which pharmaceutical products are collected
must be clearly marked "No Controlled Substances", unless
the household waste drop-off point accepts controlled
substances in accordance with federal law.
(8) Management of the household waste must be limited
to the following: (i) acceptance of the waste, (ii)
temporary storage of the waste prior to transfer, and (iii)
off-site transfer of the waste and packaging for off-site
transfer.
(9) Off-site transfer of the household waste must
comply with federal and State laws and regulations.
(d) One-day household waste collection events. To further
aid in the collection of certain household wastes, the Agency
may approve the operation of one-day household waste collection

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events. The Agency shall not approve a one-day household waste
collection event at the same site or facility for more than one
day each calendar quarter. Requests for approval must be
submitted on forms prescribed by the Agency. The Agency must
issue its approval in writing, and it may impose conditions as
necessary to protect human health and the environment and to
otherwise accomplish the purposes of this Act. One-day
household waste collection events must be operated in
accordance with the Agency's approval, including all
conditions contained in the approval. The following
requirements apply to all one-day household waste collection
events, in addition to the conditions contained in the Agency's
approval:
(1) Waste accepted at the event must be limited to
household waste and must not include garbage, landscape
waste, controlled substances, or other waste excluded by
the Agency in the Agency's approval or any conditions
contained in the approval. A one-day household waste
collection event may accept controlled substances in
accordance with federal law.
(2) Household waste must be accepted only from private
individuals. Waste must not be accepted from other persons,
including, but not limited to, owners and operators of
rented or leased residences where the household waste was
generated, commercial haulers, and other commercial,
industrial, agricultural, and government operations or

HB0001 Engrossed - 132 - LRB099 00249 HEP 20254 b
entities.
(3) Household waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the
environment. Household waste must also be properly secured
to prevent public access to the waste, including, but not
limited to, preventing access to the waste during the
event's non-business hours.
(4) Management of the household waste must be limited
to the following: (i) acceptance of the waste, (ii)
temporary storage of the waste before transfer, and (iii)
off-site transfer of the waste or packaging for off-site
transfer.
(5) Except as otherwise approved by the Agency, all
household waste received at the collection event must be
transferred off-site by the end of the day following the
collection event.
(6) The transfer and ultimate disposition of household
waste received at the collection event must comply with the
Agency's approval, including all conditions contained in
the approval.
(e) The Agency may adopt rules governing the operation of
household waste drop-off points other than one-day household
waste collection events. Those rules must be designed to
protect against releases of waste to the environment, prevent
nuisances, and otherwise protect human health and the

HB0001 Engrossed - 133 - LRB099 00249 HEP 20254 b
environment. As necessary to address different circumstances,
the regulations may contain different requirements for
different types of household waste and different types of
household waste drop-off points, and the regulations may modify
the requirements set forth in subsection (c) of this Section.
The regulations may include, but are not limited to, the
following: (i) identification of additional types of household
waste that can be collected at household waste drop-off points,
(ii) identification of the different types of household wastes
that can be received at different household waste drop-off
points, (iii) the maximum amounts of each type of household
waste that can be stored at household waste drop-off points at
any one time, and (iv) the maximum time periods each type of
household waste can be stored at household waste drop-off
points.
(f) Prohibitions.
(1) Except as authorized in a permit issued by the
Agency, no person shall cause or allow the operation of a
household waste drop-off point other than a one-day
household waste collection event in violation of this
Section or any regulations adopted under this Section.
(2) No person shall cause or allow the operation of a
one-day household waste collection event in violation of
this Section or the Agency's approval issued under
subsection (d) of this Section, including all conditions
contained in the approval.

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(g) Permit exemptions.
(1) No permit is required under subdivision (d)(1) of
Section 21 of this Act for the operation of a household
waste drop-off point other than a one-day household waste
collection event if the household waste drop-off point is
operated in accordance with this Section and all
regulations adopted under this Section.
(2) No permit is required under subdivision (d)(1) of
Section 21 of this Act for the operation of a one-day
household waste collection event if the event is operated
in accordance with this Section and the Agency's approval
issued under subsection (d) of this Section, including all
conditions contained in the approval, or for the operation
of a household waste collection event by the Agency.
(h) This Section does not apply to the following:
(1) Persons accepting household waste that they are
authorized to accept under a permit issued by the Agency.
(2) Sites or facilities operated pursuant to an
intergovernmental agreement entered into with the Agency
under Section 22.16b(d) of this Act.
(i) The Agency, in consultation with the Department of
Public Health, must develop and implement a public information
program regarding household waste drop-off points that accept
pharmaceutical products, as well as mail-back programs
authorized under federal law.
(j) The Agency must develop a sign that provides

HB0001 Engrossed - 135 - LRB099 00249 HEP 20254 b
information on the proper disposal of unused pharmaceutical
products. The sign shall include information on approved
drop-off sites or list a website where updated information on
drop-off sites can be accessed. The sign shall also include
information on mail-back programs and self-disposal. The
Agency shall make a copy of the sign available for downloading
from its website. Every pharmacy shall display the sign in the
area where medications are dispensed and shall also display any
signs the Agency develops regarding local take-back programs or
household waste collection events. These signs shall be no
larger than 8.5 inches by 11 inches.
(k) If an entity chooses to participate as a household
waste drop-off point, then it must follow the provisions of
this Section and any rules the Agency may adopt governing
household waste drop-off points.
(l) The Agency shall establish, by rule, a statewide
medication take-back program by June 1, 2016 to ensure that
there are pharmaceutical product disposal options regularly
available for residents across the State. No private entity may
be compelled to serve as or fund a take-back location or
program. Medications collected and disposed of under the
program shall include controlled substances approved for
collection by federal law. All medications collected and
disposed of under the program must be managed in accordance
with all applicable federal and State laws and regulations. The
Agency shall issue a report to the General Assembly by June 1,

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2019 detailing the amount of pharmaceutical products annually
collected under the program, as well as any legislative
recommendations.
(Source: P.A. 96-121, eff. 8-4-09.)
Section 5-90. The Criminal Code of 2012 is amended by
changing Section 29B-1 as follows:
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. (a) A person commits the offense of money
laundering:
(1) when, knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity, he or she conducts or attempts to
conduct such a financial transaction which in fact involves
criminally derived property:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) where he or she knows or reasonably should know
that the financial transaction is designed in whole or
in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting

HB0001 Engrossed - 137 - LRB099 00249 HEP 20254 b
requirement under State law; or
(1.5) when he or she transports, transmits, or
transfers, or attempts to transport, transmit, or transfer
a monetary instrument:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) knowing, or having reason to know, that the
financial transaction is designed in whole or in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(2) when, with the intent to:
(A) promote the carrying on of a specified criminal
activity as defined in this Article; or
(B) conceal or disguise the nature, location,
source, ownership, or control of property believed to
be the proceeds of a specified criminal activity as
defined by subdivision (b)(6); or
(C) avoid a transaction reporting requirement
under State law,
he or she conducts or attempts to conduct a financial
transaction involving property he or she believes to be the
proceeds of specified criminal activity as defined by

HB0001 Engrossed - 138 - LRB099 00249 HEP 20254 b
subdivision (b)(6) or property used to conduct or
facilitate specified criminal activity as defined by
subdivision (b)(6).
(b) As used in this Section:
(0.5) "Knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity" means that the person knew the
property involved in the transaction represented proceeds
from some form, though not necessarily which form, of
activity that constitutes a felony under State, federal, or
foreign law.
(1) "Financial transaction" means a purchase, sale,
loan, pledge, gift, transfer, delivery or other
disposition utilizing criminally derived property, and
with respect to financial institutions, includes a
deposit, withdrawal, transfer between accounts, exchange
of currency, loan, extension of credit, purchase or sale of
any stock, bond, certificate of deposit or other monetary
instrument, use of safe deposit box, or any other payment,
transfer or delivery by, through, or to a financial
institution. For purposes of clause (a)(2) of this Section,
the term "financial transaction" also means a transaction
which without regard to whether the funds, monetary
instruments, or real or personal property involved in the
transaction are criminally derived, any transaction which
in any way or degree: (1) involves the movement of funds by

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wire or any other means; (2) involves one or more monetary
instruments; or (3) the transfer of title to any real or
personal property. The receipt by an attorney of bona fide
fees for the purpose of legal representation is not a
financial transaction for purposes of this Section.
(2) "Financial institution" means any bank; saving and
loan association; trust company; agency or branch of a
foreign bank in the United States; currency exchange;
credit union, mortgage banking institution; pawnbroker;
loan or finance company; operator of a credit card system;
issuer, redeemer or cashier of travelers checks, checks or
money orders; dealer in precious metals, stones or jewels;
broker or dealer in securities or commodities; investment
banker; or investment company.
(3) "Monetary instrument" means United States coins
and currency; coins and currency of a foreign country;
travelers checks; personal checks, bank checks, and money
orders; investment securities; bearer negotiable
instruments; bearer investment securities; or bearer
securities and certificates of stock in such form that
title thereto passes upon delivery.
(4) "Criminally derived property" means: (A) any
property, real or personal, constituting or derived from
proceeds obtained, directly or indirectly, from activity
that constitutes a felony under State, federal, or foreign
law; or (B) any property represented to be property

HB0001 Engrossed - 140 - LRB099 00249 HEP 20254 b
constituting or derived from proceeds obtained, directly
or indirectly, from activity that constitutes a felony
under State, federal, or foreign law.
(5) "Conduct" or "conducts" includes, in addition to
its ordinary meaning, initiating, concluding, or
participating in initiating or concluding a transaction.
(6) "Specified criminal activity" means any violation
of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
of Article 29D of this Code.
(7) "Director" means the Director of State Police or
his or her designated agents.
(8) "Department" means the Department of State Police
of the State of Illinois or its successor agency.
(9) "Transaction reporting requirement under State
law" means any violation as defined under the Currency
Reporting Act.
(c) Sentence.
(1) Laundering of criminally derived property of a
value not exceeding $10,000 is a Class 3 felony;
(2) Laundering of criminally derived property of a
value exceeding $10,000 but not exceeding $100,000 is a
Class 2 felony;
(3) Laundering of criminally derived property of a
value exceeding $100,000 but not exceeding $500,000 is a
Class 1 felony;
(4) Money laundering in violation of subsection (a)(2)

HB0001 Engrossed - 141 - LRB099 00249 HEP 20254 b
of this Section is a Class X felony;
(5) Laundering of criminally derived property of a
value exceeding $500,000 is a Class 1 non-probationable
felony;
(6) In a prosecution under clause (a)(1.5)(B)(ii) of
this Section, the sentences are as follows:
(A) Laundering of property of a value not exceeding
$10,000 is a Class 3 felony;
(B) Laundering of property of a value exceeding
$10,000 but not exceeding $100,000 is a Class 2 felony;
(C) Laundering of property of a value exceeding
$100,000 but not exceeding $500,000 is a Class 1
felony;
(D) Laundering of property of a value exceeding
$500,000 is a Class 1 non-probationable felony.
(d) Evidence. In a prosecution under this Article, either
party may introduce the following evidence pertaining to the
issue of whether the property or proceeds were known to be some
form of criminally derived property or from some form of
unlawful activity:
(1) A financial transaction was conducted or
structured or attempted in violation of the reporting
requirements of any State or federal law; or
(2) A financial transaction was conducted or attempted
with the use of a false or fictitious name or a forged
instrument; or

HB0001 Engrossed - 142 - LRB099 00249 HEP 20254 b
(3) A falsely altered or completed written instrument
or a written instrument that contains any materially false
personal identifying information was made, used, offered
or presented, whether accepted or not, in connection with a
financial transaction; or
(4) A financial transaction was structured or
attempted to be structured so as to falsely report the
actual consideration or value of the transaction; or
(5) A money transmitter, a person engaged in a trade or
business or any employee of a money transmitter or a person
engaged in a trade or business, knows or reasonably should
know that false personal identifying information has been
presented and incorporates the false personal identifying
information into any report or record; or
(6) The criminally derived property is transported or
possessed in a fashion inconsistent with the ordinary or
usual means of transportation or possession of such
property and where the property is discovered in the
absence of any documentation or other indicia of legitimate
origin or right to such property; or
(7) A person pays or receives substantially less than
face value for one or more monetary instruments; or
(8) A person engages in a transaction involving one or
more monetary instruments, where the physical condition or
form of the monetary instrument or instruments makes it
apparent that they are not the product of bona fide

HB0001 Engrossed - 143 - LRB099 00249 HEP 20254 b
business or financial transactions.
(e) Duty to enforce this Article.
(1) It is the duty of the Department of State Police,
and its agents, officers, and investigators, to enforce all
provisions of this Article, except those specifically
delegated, and to cooperate with all agencies charged with
the enforcement of the laws of the United States, or of any
state, relating to money laundering. Only an agent,
officer, or investigator designated by the Director may be
authorized in accordance with this Section to serve seizure
notices, warrants, subpoenas, and summonses under the
authority of this State.
(2) Any agent, officer, investigator, or peace officer
designated by the Director may: (A) make seizure of
property pursuant to the provisions of this Article; and
(B) perform such other law enforcement duties as the
Director designates. It is the duty of all State's
Attorneys to prosecute violations of this Article and
institute legal proceedings as authorized under this
Article.
(f) Protective orders.
(1) Upon application of the State, the court may enter
a restraining order or injunction, require the execution of
a satisfactory performance bond, or take any other action
to preserve the availability of property described in
subsection (h) for forfeiture under this Article:

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(A) upon the filing of an indictment, information,
or complaint charging a violation of this Article for
which forfeiture may be ordered under this Article and
alleging that the property with respect to which the
order is sought would be subject to forfeiture under
this Article; or
(B) prior to the filing of such an indictment,
information, or complaint, if, after notice to persons
appearing to have an interest in the property and
opportunity for a hearing, the court determines that:
(i) there is probable cause to believe that the
State will prevail on the issue of forfeiture and
that failure to enter the order will result in the
property being destroyed, removed from the
jurisdiction of the court, or otherwise made
unavailable for forfeiture; and
(ii) the need to preserve the availability of
the property through the entry of the requested
order outweighs the hardship on any party against
whom the order is to be entered.
Provided, however, that an order entered pursuant
to subparagraph (B) shall be effective for not more
than 90 days, unless extended by the court for good
cause shown or unless an indictment, information,
complaint, or administrative notice has been filed.
(2) A temporary restraining order under this

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subsection may be entered upon application of the State
without notice or opportunity for a hearing when an
indictment, information, complaint, or administrative
notice has not yet been filed with respect to the property,
if the State demonstrates that there is probable cause to
believe that the property with respect to which the order
is sought would be subject to forfeiture under this Section
and that provision of notice will jeopardize the
availability of the property for forfeiture. Such a
temporary order shall expire not more than 30 days after
the date on which it is entered, unless extended for good
cause shown or unless the party against whom it is entered
consents to an extension for a longer period. A hearing
requested concerning an order entered under this paragraph
shall be held at the earliest possible time and prior to
the expiration of the temporary order.
(3) The court may receive and consider, at a hearing
held pursuant to this subsection (f), evidence and
information that would be inadmissible under the Illinois
rules of evidence.
(4) Order to repatriate and deposit.
(A) In general. Pursuant to its authority to enter
a pretrial restraining order under this Section, the
court may order a defendant to repatriate any property
that may be seized and forfeited and to deposit that
property pending trial with the Illinois State Police

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or another law enforcement agency designated by the
Illinois State Police.
(B) Failure to comply. Failure to comply with an
order under this subsection (f) is punishable as a
civil or criminal contempt of court.
(g) Warrant of seizure. The State may request the issuance
of a warrant authorizing the seizure of property described in
subsection (h) in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of such property.
(h) Forfeiture.
(1) The following are subject to forfeiture:
(A) any property, real or personal, constituting,
derived from, or traceable to any proceeds the person
obtained directly or indirectly, as a result of a
violation of this Article;
(B) any of the person's property used, or intended
to be used, in any manner or part, to commit, or to
facilitate the commission of, a violation of this
Article;
(C) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or

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concealment of property described in subparagraphs (A)
and (B), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Article;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he or she neither
had knowledge of nor consented to the act or
omission;
(D) all real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or
intended to be used, in any manner or part, to commit,
or in any manner to facilitate the commission of, any
violation of this Article or that is the proceeds of
any violation or act that constitutes a violation of

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this Article.
(2) Property subject to forfeiture under this Article
may be seized by the Director or any peace officer upon
process or seizure warrant issued by any court having
jurisdiction over the property. Seizure by the Director or
any peace officer without process may be made:
(A) if the seizure is incident to a seizure
warrant;
(B) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Article;
(C) if there is probable cause to believe that the
property is directly or indirectly dangerous to health
or safety;
(D) if there is probable cause to believe that the
property is subject to forfeiture under this Article
and the property is seized under circumstances in which
a warrantless seizure or arrest would be reasonable; or
(E) in accordance with the Code of Criminal
Procedure of 1963.
(3) In the event of seizure pursuant to paragraph (2),
forfeiture proceedings shall be instituted in accordance
with subsections (i) through (r).
(4) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the

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custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under this Article. When property is seized under
this Article, the seizing agency shall promptly conduct an
inventory of the seized property and estimate the
property's value and shall forward a copy of the inventory
of seized property and the estimate of the property's value
to the Director. Upon receiving notice of seizure, the
Director may:
(A) place the property under seal;
(B) remove the property to a place designated by
the Director;
(C) keep the property in the possession of the
seizing agency;
(D) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(E) place the property under constructive seizure
by posting notice of pending forfeiture on it, by
giving notice of pending forfeiture to its owners and
interest holders, or by filing notice of pending
forfeiture in any appropriate public record relating
to the property; or
(F) provide for another agency or custodian,

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including an owner, secured party, or lienholder, to
take custody of the property upon the terms and
conditions set by the Director.
(5) When property is forfeited under this Article, the
Director shall sell all such property unless such property
is required by law to be destroyed or is harmful to the
public, and shall distribute the proceeds of the sale,
together with any moneys forfeited or seized, in accordance
with paragraph (6). However, upon the application of the
seizing agency or prosecutor who was responsible for the
investigation, arrest or arrests and prosecution which
lead to the forfeiture, the Director may return any item of
forfeited property to the seizing agency or prosecutor for
official use in the enforcement of laws, if the agency or
prosecutor can demonstrate that the item requested would be
useful to the agency or prosecutor in its enforcement
efforts. When any real property returned to the seizing
agency is sold by the agency or its unit of government, the
proceeds of the sale shall be delivered to the Director and
distributed in accordance with paragraph (6).
(6) All monies and the sale proceeds of all other
property forfeited and seized under this Article shall be
distributed as follows:
(A) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State
law enforcement agency or agencies which conducted or

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participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of
the law enforcement agency in the effort resulting in
the forfeiture, taking into account the total value of
the property forfeited and the total law enforcement
effort with respect to the violation of the law upon
which the forfeiture is based. Amounts distributed to
the agency or agencies shall be used for the
enforcement of laws.
(B)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was
instituted, deposited in a special fund in the county
treasury and appropriated to the State's Attorney for
use in the enforcement of laws. In counties over
3,000,000 population, 25% shall be distributed to the
Office of the State's Attorney for use in the
enforcement of laws. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws.
(ii) 12.5% shall be distributed to the Office
of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund
of that office to be used for additional expenses

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incurred in the investigation, prosecution and
appeal of cases arising under laws. The Office of
the State's Attorneys Appellate Prosecutor shall
not receive distribution from cases brought in
counties with over 3,000,000 population.
(C) 10% shall be retained by the Department of
State Police for expenses related to the
administration and sale of seized and forfeited
property.
Moneys and the sale proceeds distributed to the
Department of State Police under this Article shall be
deposited in the Money Laundering Asset Recovery Fund
created in the State treasury and shall be used by the
Department of State Police for State law enforcement
purposes.
(7) All moneys and sale proceeds of property forfeited
and seized under this Article and distributed according to
paragraph (6) may also be used to purchase opioid
antagonists as defined in Section 5-23 of the Alcoholism
and Other Drug Abuse and Dependency Act.
(i) Notice to owner or interest holder.
(1) Whenever notice of pending forfeiture or service of
an in rem complaint is required under the provisions of
this Article, such notice or service shall be given as
follows:
(A) If the owner's or interest holder's name and

HB0001 Engrossed - 153 - LRB099 00249 HEP 20254 b
current address are known, then by either personal
service or mailing a copy of the notice by certified
mail, return receipt requested, to that address. For
purposes of notice under this Section, if a person has
been arrested for the conduct giving rise to the
forfeiture, then the address provided to the arresting
agency at the time of arrest shall be deemed to be that
person's known address. Provided, however, if an owner
or interest holder's address changes prior to the
effective date of the notice of pending forfeiture, the
owner or interest holder shall promptly notify the
seizing agency of the change in address or, if the
owner or interest holder's address changes subsequent
to the effective date of the notice of pending
forfeiture, the owner or interest holder shall
promptly notify the State's Attorney of the change in
address; or
(B) If the property seized is a conveyance, to the
address reflected in the office of the agency or
official in which title or interest to the conveyance
is required by law to be recorded, then by mailing a
copy of the notice by certified mail, return receipt
requested, to that address; or
(C) If the owner's or interest holder's address is
not known, and is not on record as provided in
paragraph (B), then by publication for 3 successive

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weeks in a newspaper of general circulation in the
county in which the seizure occurred.
(2) Notice served under this Article is effective upon
personal service, the last date of publication, or the
mailing of written notice, whichever is earlier.
(j) Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under this Article shall,
within 90 days after seizure, notify the State's Attorney for
the county, either where an act or omission giving rise to the
forfeiture occurred or where the property was seized, of the
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle.
(k) Non-judicial forfeiture. If non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or if real property is seized under the provisions of this
Article, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in subsection (l) of this
Section within 45 days from receipt of notice of seizure from
the seizing agency under subsection (j) of this Section.
However, if non-real property that does not exceed $20,000 in
value excluding the value of any conveyance is seized, the

HB0001 Engrossed - 155 - LRB099 00249 HEP 20254 b
following procedure shall be used:
(1) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45
days after the receipt of notice of seizure from the
seizing agency, the State's Attorney shall cause notice of
pending forfeiture to be given to the owner of the property
and all known interest holders of the property in
accordance with subsection (i) of this Section.
(2) The notice of pending forfeiture must include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct giving
rise to forfeiture or the violation of law alleged, and a
summary of procedures and procedural rights applicable to
the forfeiture action.
(3)(A) Any person claiming an interest in property
which is the subject of notice under paragraph (1) of this
subsection (k), must, in order to preserve any rights or
claims to the property, within 45 days after the effective
date of notice as described in subsection (i) of this
Section, file a verified claim with the State's Attorney
expressing his or her interest in the property. The claim
must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;

HB0001 Engrossed - 156 - LRB099 00249 HEP 20254 b
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim and deposits with the
State's Attorney a cost bond, in the form of a cashier's
check payable to the clerk of the court, in the sum of 10%
of the reasonable value of the property as alleged by the
State's Attorney or the sum of $100, whichever is greater,
upon condition that, in the case of forfeiture, the
claimant must pay all costs and expenses of forfeiture
proceedings, then the State's Attorney shall institute
judicial in rem forfeiture proceedings and deposit the cost
bond with the clerk of the court as described in subsection
(l) of this Section within 45 days after receipt of the
claim and cost bond. In lieu of a cost bond, a person

HB0001 Engrossed - 157 - LRB099 00249 HEP 20254 b
claiming interest in the seized property may file, under
penalty of perjury, an indigency affidavit which has been
approved by a circuit court judge.
(C) If none of the seized property is forfeited in the
judicial in rem proceeding, the clerk of the court shall
return to the claimant, unless the court orders otherwise,
90% of the sum which has been deposited and shall retain as
costs 10% of the money deposited. If any of the seized
property is forfeited under the judicial forfeiture
proceeding, the clerk of the court shall transfer 90% of
the sum which has been deposited to the State's Attorney
prosecuting the civil forfeiture to be applied to the costs
of prosecution and the clerk shall retain as costs 10% of
the sum deposited.
(4) If no claim is filed or bond given within the 45
day period as described in paragraph (3) of this subsection
(k), the State's Attorney shall declare the property
forfeited and shall promptly notify the owner and all known
interest holders of the property and the Director of State
Police of the declaration of forfeiture and the Director
shall dispose of the property in accordance with law.
(l) Judicial in rem procedures. If property seized under
the provisions of this Article is non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or is real property, or a claimant has filed a claim and a cost
bond under paragraph (3) of subsection (k) of this Section, the

HB0001 Engrossed - 158 - LRB099 00249 HEP 20254 b
following judicial in rem procedures shall apply:
(1) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45
days of the receipt of notice of seizure by the seizing
agency or the filing of the claim and cost bond, whichever
is later, the State's Attorney shall institute judicial
forfeiture proceedings by filing a verified complaint for
forfeiture and, if the claimant has filed a claim and cost
bond, by depositing the cost bond with the clerk of the
court. When authorized by law, a forfeiture must be ordered
by a court on an action in rem brought by a State's
Attorney under a verified complaint for forfeiture.
(2) During the probable cause portion of the judicial
in rem proceeding wherein the State presents its
case-in-chief, the court must receive and consider, among
other things, all relevant hearsay evidence and
information. The laws of evidence relating to civil actions
apply to all other portions of the judicial in rem
proceeding.
(3) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property
in the action in rem. For purposes of this Section, the
owner or interest holder shall be referred to as claimant.
Upon motion of the State, the court shall first hold a
hearing, wherein any claimant must establish by a

HB0001 Engrossed - 159 - LRB099 00249 HEP 20254 b
preponderance of the evidence, that he or she has a lawful,
legitimate ownership interest in the property and that it
was obtained through a lawful source.
(4) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(A) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(B) the address at which the claimant will accept
mail;
(C) the nature and extent of the claimant's
interest in the property;
(D) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(E) the name and address of all other persons known
to have an interest in the property;
(F) all essential facts supporting each assertion;
and
(G) the precise relief sought.
(5) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(6) The hearing must be held within 60 days after
filing of the answer unless continued for good cause.
(7) The State shall show the existence of probable
cause for forfeiture of the property. If the State shows

HB0001 Engrossed - 160 - LRB099 00249 HEP 20254 b
probable cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest
in the property is not subject to forfeiture.
(8) If the State does not show existence of probable
cause, the court shall order the interest in the property
returned or conveyed to the claimant and shall order all
other property forfeited to the State. If the State does
show existence of probable cause, the court shall order all
property forfeited to the State.
(9) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of
the criminal offense of which the defendant was convicted
in any proceeding under this Article regardless of the
pendency of an appeal from that conviction. However,
evidence of the pendency of an appeal is admissible.
(10) An acquittal or dismissal in a criminal proceeding
does not preclude civil proceedings under this Article;
however, for good cause shown, on a motion by the State's
Attorney, the court may stay civil forfeiture proceedings
during the criminal trial for a related criminal indictment
or information alleging a money laundering violation. Such
a stay shall not be available pending an appeal. Property
subject to forfeiture under this Article shall not be
subject to return or release by a court exercising
jurisdiction over a criminal case involving the seizure of
such property unless such return or release is consented to

HB0001 Engrossed - 161 - LRB099 00249 HEP 20254 b
by the State's Attorney.
(11) All property declared forfeited under this
Article vests in this State on the commission of the
conduct giving rise to forfeiture together with the
proceeds of the property after that time. Any such property
or proceeds subsequently transferred to any person remain
subject to forfeiture and thereafter shall be ordered
forfeited.
(12) A civil action under this Article must be
commenced within 5 years after the last conduct giving rise
to forfeiture became known or should have become known or 5
years after the forfeitable property is discovered,
whichever is later, excluding any time during which either
the property or claimant is out of the State or in
confinement or during which criminal proceedings relating
to the same conduct are in progress.
(m) Stay of time periods. If property is seized for
evidence and for forfeiture, the time periods for instituting
judicial and non-judicial forfeiture proceedings shall not
begin until the property is no longer necessary for evidence.
(n) Settlement of claims. Notwithstanding other provisions
of this Article, the State's Attorney and a claimant of seized
property may enter into an agreed-upon settlement concerning
the seized property in such an amount and upon such terms as
are set out in writing in a settlement agreement.
(o) Property constituting attorney fees. Nothing in this

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Article applies to property which constitutes reasonable bona
fide attorney's fees paid to an attorney for services rendered
or to be rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto where such property was
paid before its seizure, before the issuance of any seizure
warrant or court order prohibiting transfer of the property and
where the attorney, at the time he or she received the property
did not know that it was property subject to forfeiture under
this Article.
(p) Construction. It is the intent of the General Assembly
that the forfeiture provisions of this Article be liberally
construed so as to effect their remedial purpose. The
forfeiture of property and other remedies hereunder shall be
considered to be in addition to, and not exclusive of, any
sentence or other remedy provided by law.
(q) Judicial review. If property has been declared
forfeited under subsection (k) of this Section, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim and cost bond as
described in paragraph (3) of subsection (k) of this Section.
If a claim and cost bond is filed under this Section, then the
procedures described in subsection (l) of this Section apply.
(r) Burden of proof of exemption or exception. It is not
necessary for the State to negate any exemption or exception in
this Article in any complaint, information, indictment or other

HB0001 Engrossed - 163 - LRB099 00249 HEP 20254 b
pleading or in any trial, hearing, or other proceeding under
this Article. The burden of proof of any exemption or exception
is upon the person claiming it.
(s) Review of administrative decisions. All administrative
findings, rulings, final determinations, findings, and
conclusions of the State's Attorney's Office under this Article
are final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of the
decision pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant to that Law. Pending
final decision on such review, the administrative acts, orders,
and rulings of the State's Attorney's Office remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, and rulings of the State's Attorney's
Office remain in full force and effect, unless stayed by order
of court. However, no stay of any decision of the
administrative agency shall issue unless the person aggrieved
by the decision establishes by a preponderance of the evidence
that good cause exists for the stay. In determining good cause,
the court shall find that the aggrieved party has established a
substantial likelihood of prevailing on the merits and that
granting the stay will not have an injurious effect on the
general public.
(Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)

HB0001 Engrossed - 164 - LRB099 00249 HEP 20254 b
Section 5-95. The Cannabis Control Act is amended by
changing Section 10 as follows:
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
Sec. 10. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for, any offense under this Act or any law of the United States
or of any State relating to cannabis, or controlled substances
as defined in the Illinois Controlled Substances Act, pleads
guilty to or is found guilty of violating Sections 4(a), 4(b),
4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
entering a judgment and with the consent of such person,
sentence him to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months,
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possession of a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours

HB0001 Engrossed - 165 - LRB099 00249 HEP 20254 b
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;

HB0001 Engrossed - 166 - LRB099 00249 HEP 20254 b
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of
disqualification or disabilities imposed by law upon
conviction of a crime (including the additional penalty imposed
for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
of this Act).
(h) Discharge and dismissal under this Section, Section 410
of the Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act, Section
5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
subsection (c) of Section 11-14 of the Criminal Code of 1961 or
the Criminal Code of 2012 may occur only once with respect to

HB0001 Engrossed - 167 - LRB099 00249 HEP 20254 b
any person.
(i) If a person is convicted of an offense under this Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act within 5 years subsequent
to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as a factor in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but may be considered for the drug court program.
(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-164, eff. 1-1-14.)
Section 5-100. The Illinois Controlled Substances Act is

HB0001 Engrossed - 168 - LRB099 00249 HEP 20254 b
amended by changing Sections 102, 301, 312, 314.5, 316, 317,
318, 319, 320, 406, and 410 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a

HB0001 Engrossed - 169 - LRB099 00249 HEP 20254 b
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-

HB0001 Engrossed - 170 - LRB099 00249 HEP 20254 b
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),

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(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane),
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane),
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

HB0001 Engrossed - 172 - LRB099 00249 HEP 20254 b
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),

HB0001 Engrossed - 173 - LRB099 00249 HEP 20254 b
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),

HB0001 Engrossed - 174 - LRB099 00249 HEP 20254 b
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a

HB0001 Engrossed - 175 - LRB099 00249 HEP 20254 b
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance, or
immediate precursor in the Schedules of Article II of this Act
or (ii) a drug or other substance, or immediate precursor,
designated as a controlled substance by the Department through
administrative rule. The term does not include distilled
spirits, wine, malt beverages, or tobacco, as those terms are
defined or used in the Liquor Control Act of 1934 and the
Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:

HB0001 Engrossed - 176 - LRB099 00249 HEP 20254 b
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an

HB0001 Engrossed - 177 - LRB099 00249 HEP 20254 b
agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to alcohol, cannabis and its active principles
and their analogs, benzodiazepines and their analogs,
barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary

HB0001 Engrossed - 178 - LRB099 00249 HEP 20254 b
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an
electronic record of health-related information on an
individual that is created, gathered, managed, and consulted by
authorized health care clinicians and staff.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and

HB0001 Engrossed - 179 - LRB099 00249 HEP 20254 b
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,

HB0001 Engrossed - 180 - LRB099 00249 HEP 20254 b
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the State Police of the
State of Illinois, or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State

HB0001 Engrossed - 181 - LRB099 00249 HEP 20254 b
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;

HB0001 Engrossed - 182 - LRB099 00249 HEP 20254 b
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.

HB0001 Engrossed - 183 - LRB099 00249 HEP 20254 b
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or compounding
of a controlled substance for his or her own use; or
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to

HB0001 Engrossed - 184 - LRB099 00249 HEP 20254 b
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
(ii) an advanced practice nurse who has been delegated
authority to prescribe through a written delegation of
authority by a physician licensed to practice medicine in all
of its branches or by a podiatric physician, in accordance with
Section 65-40 of the Nurse Practice Act, (iii) an animal
euthanasia agency, or (iv) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine and
ecgonine, and their isomers, derivatives and salts, have
been removed;

HB0001 Engrossed - 185 - LRB099 00249 HEP 20254 b
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or

HB0001 Engrossed - 186 - LRB099 00249 HEP 20254 b
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice nurse, licensed
practical nurse, registered nurse, hospital, laboratory, or
pharmacy, or other person licensed, registered, or otherwise
lawfully permitted by the United States or this State to
distribute, dispense, conduct research with respect to,
administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or
research.

HB0001 Engrossed - 187 - LRB099 00249 HEP 20254 b
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
prescribing psychologist licensed under Section 4.2 of the
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written supervision agreement required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice nurse with prescriptive authority delegated under
Section 65-40 of the Nurse Practice Act and in accordance with
Section 303.05, a written delegation, and a written
collaborative agreement under Section 65-35 of the Nurse
Practice Act.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician or
veterinarian for any controlled substance, of an optometrist

HB0001 Engrossed - 188 - LRB099 00249 HEP 20254 b
for a Schedule II, III, IV, or V controlled substance in
accordance with Section 15.1 of the Illinois Optometric
Practice Act of 1987, of a prescribing psychologist licensed
under Section 4.2 of the Clinical Psychologist Licensing Act
with prescriptive authority delegated under Section 4.3 of the
Clinical Psychologist Licensing Act, of a physician assistant
for a controlled substance in accordance with Section 303.05, a
written delegation, and a written supervision agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, or of an advanced practice nurse with prescriptive
authority delegated under Section 65-40 of the Nurse Practice
Act who issues a prescription for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement under Section 65-35 of the
Nurse Practice Act when required by law.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.

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(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,
eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;
revised 10-1-14.)

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(720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
Sec. 301. The Department of Financial and Professional
Regulation shall promulgate rules and charge reasonable fees
and fines relating to the registration and control of the
manufacture, distribution, and dispensing of controlled
substances within this State. The Department shall request a
contact email address in its application for a new or renewed
license to dispense controlled substances. All moneys received
by the Department of Financial and Professional Regulation
under this Act shall be deposited into the respective
professional dedicated funds in like manner as the primary
professional licenses.
A pharmacy, manufacturer of controlled substances, or
wholesale distributor of controlled substances that is
regulated under this Act and owned and operated by the State is
exempt from fees required under this Act. Pharmacists and
pharmacy technicians working in facilities owned and operated
by the State are not exempt from the payment of fees required
by this Act and any rules adopted under this Act. Nothing in
this Section shall be construed to prohibit the Department of
Financial and Professional Regulation from imposing any fine or
other penalty allowed under this Act.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)

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Sec. 312. Requirements for dispensing controlled
substances.
(a) A practitioner, in good faith, may dispense a Schedule
II controlled substance, which is a narcotic drug listed in
Section 206 of this Act; or which contains any quantity of
amphetamine or methamphetamine, their salts, optical isomers
or salts of optical isomers; phenmetrazine and its salts; or
pentazocine; and Schedule III, IV, or V controlled substances
to any person upon a written or electronic prescription of any
prescriber, dated and signed by the person prescribing (or
electronically validated in compliance with Section 311.5) on
the day when issued and bearing the name and address of the
patient for whom, or the owner of the animal for which the
controlled substance is dispensed, and the full name, address
and registry number under the laws of the United States
relating to controlled substances of the prescriber, if he or
she is required by those laws to be registered. If the
prescription is for an animal it shall state the species of
animal for which it is ordered. The practitioner filling the
prescription shall, unless otherwise permitted, write the date
of filling and his or her own signature on the face of the
written prescription or, alternatively, shall indicate such
filling using a unique identifier as defined in paragraph (v)
of Section 3 of the Pharmacy Practice Act. The written
prescription shall be retained on file by the practitioner who
filled it or pharmacy in which the prescription was filled for

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a period of 2 years, so as to be readily accessible for
inspection or removal by any officer or employee engaged in the
enforcement of this Act. Whenever the practitioner's or
pharmacy's copy of any prescription is removed by an officer or
employee engaged in the enforcement of this Act, for the
purpose of investigation or as evidence, such officer or
employee shall give to the practitioner or pharmacy a receipt
in lieu thereof. If the specific prescription is machine or
computer generated and printed at the prescriber's office, the
date does not need to be handwritten. A prescription for a
Schedule II controlled substance shall not be issued for more
than a 30 day supply, except as provided in subsection (a-5),
and shall be valid for up to 90 days after the date of
issuance. A written prescription for Schedule III, IV or V
controlled substances shall not be filled or refilled more than
6 months after the date thereof or refilled more than 5 times
unless renewed, in writing, by the prescriber. A pharmacy shall
maintain a policy regarding the type of identification
necessary, if any, to receive a prescription in accordance with
State and federal law. The pharmacy must post such information
where prescriptions are filled.
(a-5) Physicians may issue multiple prescriptions (3
sequential 30-day supplies) for the same Schedule II controlled
substance, authorizing up to a 90-day supply. Before
authorizing a 90-day supply of a Schedule II controlled
substance, the physician must meet both of the following

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conditions:
(1) Each separate prescription must be issued for a
legitimate medical purpose by an individual physician
acting in the usual course of professional practice.
(2) The individual physician must provide written
instructions on each prescription (other than the first
prescription, if the prescribing physician intends for the
prescription to be filled immediately) indicating the
earliest date on which a pharmacy may fill that
prescription.
(3) The physician shall document in the medical record
of a patient the medical necessity for the amount and
duration of the 3 sequential 30-day prescriptions for
Schedule II narcotics.
(b) In lieu of a written prescription required by this
Section, a pharmacist, in good faith, may dispense Schedule
III, IV, or V substances to any person either upon receiving a
facsimile of a written, signed prescription transmitted by the
prescriber or the prescriber's agent or upon a lawful oral
prescription of a prescriber which oral prescription shall be
reduced promptly to writing by the pharmacist and such written
memorandum thereof shall be dated on the day when such oral
prescription is received by the pharmacist and shall bear the
full name and address of the ultimate user for whom, or of the
owner of the animal for which the controlled substance is
dispensed, and the full name, address, and registry number

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under the law of the United States relating to controlled
substances of the prescriber prescribing if he or she is
required by those laws to be so registered, and the pharmacist
filling such oral prescription shall write the date of filling
and his or her own signature on the face of such written
memorandum thereof. The facsimile copy of the prescription or
written memorandum of the oral prescription shall be retained
on file by the proprietor of the pharmacy in which it is filled
for a period of not less than two years, so as to be readily
accessible for inspection by any officer or employee engaged in
the enforcement of this Act in the same manner as a written
prescription. The facsimile copy of the prescription or oral
prescription and the written memorandum thereof shall not be
filled or refilled more than 6 months after the date thereof or
be refilled more than 5 times, unless renewed, in writing, by
the prescriber.
(c) Except for any non-prescription targeted
methamphetamine precursor regulated by the Methamphetamine
Precursor Control Act, a controlled substance included in
Schedule V shall not be distributed or dispensed other than for
a medical purpose and not for the purpose of evading this Act,
and then:
(1) only personally by a person registered to dispense
a Schedule V controlled substance and then only to his or
her patients, or
(2) only personally by a pharmacist, and then only to a

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person over 21 years of age who has identified himself or
herself to the pharmacist by means of 2 positive documents
of identification.
(3) the dispenser shall record the name and address of
the purchaser, the name and quantity of the product, the
date and time of the sale, and the dispenser's signature.
(4) no person shall purchase or be dispensed more than
120 milliliters or more than 120 grams of any Schedule V
substance which contains codeine, dihydrocodeine, or any
salts thereof, or ethylmorphine, or any salts thereof, in
any 96 hour period. The purchaser shall sign a form,
approved by the Department of Financial and Professional
Regulation, attesting that he or she has not purchased any
Schedule V controlled substances within the immediately
preceding 96 hours.
(5) (Blank).
(6) all records of purchases and sales shall be
maintained for not less than 2 years.
(7) no person shall obtain or attempt to obtain within
any consecutive 96 hour period any Schedule V substances of
more than 120 milliliters or more than 120 grams containing
codeine, dihydrocodeine or any of its salts, or
ethylmorphine or any of its salts. Any person obtaining any
such preparations or combination of preparations in excess
of this limitation shall be in unlawful possession of such
controlled substance.

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(8) a person qualified to dispense controlled
substances under this Act and registered thereunder shall
at no time maintain or keep in stock a quantity of Schedule
V controlled substances in excess of 4.5 liters for each
substance; a pharmacy shall at no time maintain or keep in
stock a quantity of Schedule V controlled substances as
defined in excess of 4.5 liters for each substance, plus
the additional quantity of controlled substances necessary
to fill the largest number of prescription orders filled by
that pharmacy for such controlled substances in any one
week in the previous year. These limitations shall not
apply to Schedule V controlled substances which Federal law
prohibits from being dispensed without a prescription.
(9) no person shall distribute or dispense butyl
nitrite for inhalation or other introduction into the human
body for euphoric or physical effect.
(d) Every practitioner shall keep a record or log of
controlled substances received by him or her and a record of
all such controlled substances administered, dispensed or
professionally used by him or her otherwise than by
prescription. It shall, however, be sufficient compliance with
this paragraph if any practitioner utilizing controlled
substances listed in Schedules III, IV and V shall keep a
record of all those substances dispensed and distributed by him
or her other than those controlled substances which are
administered by the direct application of a controlled

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substance, whether by injection, inhalation, ingestion, or any
other means to the body of a patient or research subject. A
practitioner who dispenses, other than by administering, a
controlled substance in Schedule II, which is a narcotic drug
listed in Section 206 of this Act, or which contains any
quantity of amphetamine or methamphetamine, their salts,
optical isomers or salts of optical isomers, pentazocine, or
methaqualone shall do so only upon the issuance of a written
prescription blank or electronic prescription issued by a
prescriber.
(e) Whenever a manufacturer distributes a controlled
substance in a package prepared by him or her, and whenever a
wholesale distributor distributes a controlled substance in a
package prepared by him or her or the manufacturer, he or she
shall securely affix to each package in which that substance is
contained a label showing in legible English the name and
address of the manufacturer, the distributor and the quantity,
kind and form of controlled substance contained therein. No
person except a pharmacist and only for the purposes of filling
a prescription under this Act, shall alter, deface or remove
any label so affixed.
(f) Whenever a practitioner dispenses any controlled
substance except a non-prescription Schedule V product or a
non-prescription targeted methamphetamine precursor regulated
by the Methamphetamine Precursor Control Act, he or she shall
affix to the container in which such substance is sold or

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dispensed, a label indicating the date of initial filling, the
practitioner's name and address, the name of the patient, the
name of the prescriber, the directions for use and cautionary
statements, if any, contained in any prescription or required
by law, the proprietary name or names or the established name
of the controlled substance, and the dosage and quantity,
except as otherwise authorized by regulation by the Department
of Financial and Professional Regulation. No person shall
alter, deface or remove any label so affixed as long as the
specific medication remains in the container.
(g) A person to whom or for whose use any controlled
substance has been prescribed or dispensed by a practitioner,
or other persons authorized under this Act, and the owner of
any animal for which such substance has been prescribed or
dispensed by a veterinarian, may lawfully possess such
substance only in the container in which it was delivered to
him or her by the person dispensing such substance.
(h) The responsibility for the proper prescribing or
dispensing of controlled substances that are under the
prescriber's direct control is upon the prescriber. The
responsibility for the proper filling of a prescription for
controlled substance drugs rests with the pharmacist. An order
purporting to be a prescription issued to any individual, which
is not in the regular course of professional treatment nor part
of an authorized methadone maintenance program, nor in
legitimate and authorized research instituted by any

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accredited hospital, educational institution, charitable
foundation, or federal, state or local governmental agency, and
which is intended to provide that individual with controlled
substances sufficient to maintain that individual's or any
other individual's physical or psychological addiction,
habitual or customary use, dependence, or diversion of that
controlled substance is not a prescription within the meaning
and intent of this Act; and the person issuing it, shall be
subject to the penalties provided for violations of the law
relating to controlled substances.
(i) A prescriber shall not pre-print preprint or cause to
be pre-printed preprinted a prescription for any controlled
substance; nor shall any practitioner issue, fill or cause to
be issued or filled, a pre-printed preprinted prescription for
any controlled substance.
(i-5) A prescriber may use a machine or electronic device
to individually generate a printed prescription, but the
prescriber is still required to affix his or her manual
signature.
(j) No person shall manufacture, dispense, deliver,
possess with intent to deliver, prescribe, or administer or
cause to be administered under his or her direction any
anabolic steroid, for any use in humans other than the
treatment of disease in accordance with the order of a
physician licensed to practice medicine in all its branches for
a valid medical purpose in the course of professional practice.

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The use of anabolic steroids for the purpose of hormonal
manipulation that is intended to increase muscle mass, strength
or weight without a medical necessity to do so, or for the
intended purpose of improving physical appearance or
performance in any form of exercise, sport, or game, is not a
valid medical purpose or in the course of professional
practice.
(k) Controlled substances may be mailed if all of the
following conditions are met:
(1) The controlled substances are not outwardly
dangerous and are not likely, of their own force, to cause
injury to a person's life or health.
(2) The inner container of a parcel containing
controlled substances must be marked and sealed as required
under this Act and its rules, and be placed in a plain
outer container or securely wrapped in plain paper.
(3) If the controlled substances consist of
prescription medicines, the inner container must be
labeled to show the name and address of the pharmacy or
practitioner dispensing the prescription.
(4) The outside wrapper or container must be free of
markings that would indicate the nature of the contents.
(Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12; revised
12-10-14.)
(720 ILCS 570/314.5)

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Sec. 314.5. Medication shopping; pharmacy shopping.
(a) It shall be unlawful for any person knowingly or
intentionally to fraudulently obtain or fraudulently seek to
obtain any controlled substance or prescription for a
controlled substance from a prescriber or dispenser while being
supplied with any controlled substance or prescription for a
controlled substance by another prescriber or dispenser,
without disclosing the fact of the existing controlled
substance or prescription for a controlled substance to the
prescriber or dispenser from whom the subsequent controlled
substance or prescription for a controlled substance is sought.
(b) It shall be unlawful for a person knowingly or
intentionally to fraudulently obtain or fraudulently seek to
obtain any controlled substance from a pharmacy while being
supplied with any controlled substance by another pharmacy,
without disclosing the fact of the existing controlled
substance to the pharmacy from which the subsequent controlled
substance is sought.
(c) A person may be in violation of Section 3.23 of the
Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
when medication shopping or pharmacy shopping, or both.
(d) When a person has been identified as having 3 6 or more
prescribers or 3 6 or more pharmacies, or both, that do not
utilize a common electronic file as specified in Section 20 of
the Pharmacy Practice Act for controlled substances within the
course of a continuous 30-day period, the Prescription

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Monitoring Program may issue an unsolicited report to the
prescribers, dispensers, and their designees informing them of
the potential medication shopping.
(e) Nothing in this Section shall be construed to create a
requirement that any prescriber, dispenser, or pharmacist
request any patient medication disclosure, report any patient
activity, or prescribe or refuse to prescribe or dispense any
medications.
(f) This Section shall not be construed to apply to
inpatients or residents at hospitals or other institutions or
to institutional pharmacies.
(g) Any patient feedback, including grades, ratings, or
written or verbal statements, in opposition to a clinical
decision that the prescription of a controlled substance is not
medically necessary shall not be the basis of any adverse
action, evaluation, or any other type of negative
credentialing, contracting, licensure, or employment action
taken against a prescriber or dispenser.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/316)
Sec. 316. Prescription monitoring program.
(a) The Department must provide for a prescription
monitoring program for Schedule II, III, IV, and V controlled
substances that includes the following components and
requirements:

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(1) The dispenser must transmit to the central
repository, in a form and manner specified by the
Department, the following information:
(A) The recipient's name and address.
(B) The recipient's date of birth and gender
address.
(C) The national drug code number of the controlled
substance dispensed.
(D) The date the controlled substance is
dispensed.
(E) The quantity of the controlled substance
dispensed and days supply.
(F) The dispenser's United States Drug Enforcement
Administration registration number.
(G) The prescriber's United States Drug
Enforcement Administration registration number.
(H) The dates the controlled substance
prescription is filled.
(I) The payment type used to purchase the
controlled substance (i.e. Medicaid, cash, third party
insurance).
(J) The patient location code (i.e. home, nursing
home, outpatient, etc.) for the controlled substances
other than those filled at a retail pharmacy.
(K) Any additional information that may be
required by the department by administrative rule,

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including but not limited to information required for
compliance with the criteria for electronic reporting
of the American Society for Automation and Pharmacy or
its successor.
(2) The information required to be transmitted under
this Section must be transmitted not later more than the
end of the next business day 7 days after the date on which
a controlled substance is dispensed, or at such other time
as may be required by the Department by administrative
rule.
(3) A dispenser must transmit the information required
under this Section by:
(A) an electronic device compatible with the
receiving device of the central repository;
(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
Inventory Control form;
(4) The Department may impose a civil fine of up to
$100 per day for willful failure to report controlled
substance dispensing to the Prescription Monitoring
Program. The fine shall be calculated on no more than the
number of days from the time the report was required to be
made until the time the problem was resolved, and shall be
payable to the Prescription Monitoring Program.
(b) The Department, by rule, may include in the monitoring

HB0001 Engrossed - 205 - LRB099 00249 HEP 20254 b
program certain other select drugs that are not included in
Schedule II, III, IV, or V. The prescription monitoring program
does not apply to controlled substance prescriptions as
exempted under Section 313.
(c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372. Long-term
care pharmacies shall transmit patient medication profiles to
the Prescription Monitoring Program monthly or more frequently
as established by administrative rule.
(d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
Program.
(e) Within one year of the effective date of this
amendatory Act of the 99th General Assembly, the Department
shall adopt rules establishing pilot initiatives involving a
cross-section of hospitals in this State to increase electronic
integration of a hospital's electronic health record with the
Prescription Monitoring Program on or before January 1, 2019 to
ensure all providers have timely access to relevant
prescription information during the treatment of their
patients. These rules shall also establish pilots that enhance
the electronic integration of outpatient pharmacy records with
the Prescription Monitoring Program to allow for faster
transmission of the information required under this Section. In

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collaboration with the Department of Human Services, the
Prescription Monitoring Program Advisory Committee shall
identify funding sources to support the pilot projects in this
Section and distribution of funds shall be based on voluntary
and incentive-based models. The rules adopted by the Department
shall also ensure that the Department continues to monitor
updates in Electronic Health Record Technology and how other
states have integrated their prescription monitoring databases
with Electronic Health Records.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/317)
Sec. 317. Central repository for collection of
information.
(a) The Department must designate a central repository for
the collection of information transmitted under Section 316 and
former Section 321.
(b) The central repository must do the following:
(1) Create a database for information required to be
transmitted under Section 316 in the form required under
rules adopted by the Department, including search
capability for the following:
(A) A recipient's name and address.
(B) A recipient's date of birth and gender address.
(C) The national drug code number of a controlled
substance dispensed.

HB0001 Engrossed - 207 - LRB099 00249 HEP 20254 b
(D) The dates a controlled substance is dispensed.
(E) The quantities and days supply of a controlled
substance dispensed.
(F) A dispenser's Administration registration
number.
(G) A prescriber's Administration registration
number.
(H) The dates the controlled substance
prescription is filled.
(I) The payment type used to purchase the
controlled substance (i.e. Medicaid, cash, third party
insurance).
(J) The patient location code (i.e. home, nursing
home, outpatient, etc.) for controlled substance
prescriptions other than those filled at a retail
pharmacy.
(2) Provide the Department with a database maintained
by the central repository. The Department of Financial and
Professional Regulation must provide the Department with
electronic access to the license information of a
prescriber or dispenser.
(3) Secure the information collected by the central
repository and the database maintained by the central
repository against access by unauthorized persons.
All prescribers shall designate one or more medical
specialties or fields of medical care and treatment for which

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the prescriber prescribes controlled substances when
registering with the Prescription Monitoring Program.
No fee shall be charged for access by a prescriber or
dispenser.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/318)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under
Section 316 and former Section 321 is confidential.
(b) The Department must carry out a program to protect the
confidentiality of the information described in subsection
(a). The Department may disclose the information to another
person only under subsection (c), (d), or (f) and may charge a
fee not to exceed the actual cost of furnishing the
information.
(c) The Department may disclose confidential information
described in subsection (a) to any person who is engaged in
receiving, processing, or storing the information.
(d) The Department may release confidential information
described in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and is
engaged in an investigation, an adjudication, or a
prosecution of a violation under any State or federal law
that involves a controlled substance.
(2) An investigator for the Consumer Protection

HB0001 Engrossed - 209 - LRB099 00249 HEP 20254 b
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of the
Attorney General, who is engaged in any of the following
activities involving controlled substances:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State or
federal law that involves a controlled substance.
(3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or the
office of a county sheriff or State's Attorney or
municipal police department of Illinois to receive
information of the type requested for the purpose of
investigations involving controlled substances; or
(B) approved by the Department to receive
information of the type requested for the purpose of
investigations involving controlled substances; and
(C) engaged in the investigation or prosecution of
a violation under any State or federal law that
involves a controlled substance.
(e) Before the Department releases confidential
information under subsection (d), the applicant must
demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
violation under any State or federal law that involves a

HB0001 Engrossed - 210 - LRB099 00249 HEP 20254 b
controlled substance has occurred; and
(2) the requested information is reasonably related to
the investigation, adjudication, or prosecution of the
violation described in subdivision (1).
(f) The Department may receive and release prescription
record information under Section 316 and former Section 321 to:
(1) a governing body that licenses practitioners;
(2) an investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of the
Attorney General;
(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
released; and
(B) approved by the Department to receive the type
of information released; or
(4) prescription monitoring entities in other states
per the provisions outlined in subsection (g) and (h)
below;
confidential prescription record information collected under
Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large
quantities of Schedule II, III, IV, or V controlled substances
outside the scope of their practice, pharmacy, or business, as
determined by the Advisory Committee created by Section 320.

HB0001 Engrossed - 211 - LRB099 00249 HEP 20254 b
(g) The information described in subsection (f) may not be
released until it has been reviewed by an employee of the
Department who is licensed as a prescriber or a dispenser and
until that employee has certified that further investigation is
warranted. However, failure to comply with this subsection (g)
does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (f) may
disclose the information to a law enforcement officer or an
attorney for the office of the Attorney General for use as
evidence in the following:
(1) A proceeding under any State or federal law that
involves a controlled substance.
(2) A criminal proceeding or a proceeding in juvenile
court that involves a controlled substance.
(i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not
include information that identifies, by name, license or
address, any practitioner, dispenser, ultimate user, or other
person administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a
prescriber and dispenser inquiry system shall be developed to
assist the health care community in its goal of effective
clinical practice and to prevent patients from diverting or
abusing medications.

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(1) An inquirer shall have read-only access to a
stand-alone database which shall contain records for the
previous 12 months.
(2) Dispensers may, upon positive and secure
identification, make an inquiry on a patient or customer
solely for a medical purpose as delineated within the
federal HIPAA law.
(3) The Department shall provide a one-to-one secure
link and encrypted software necessary to establish the link
between an inquirer and the Department. Technical
assistance shall also be provided.
(4) Written inquiries are acceptable but must include
the fee and the requestor's Drug Enforcement
Administration license number and submitted upon the
requestor's business stationery.
(5) As directed by the Prescription Monitoring Program
Advisory Committee and the Clinical Director for the
Prescription Monitoring Program, aggregate data that does
not indicate any prescriber, practitioner, dispenser, or
patient may be used for clinical studies.
(6) Tracking analysis shall be established and used per
administrative rule.
(7) Nothing in this Act or Illinois law shall be
construed to require a prescriber or dispenser to make use
of this inquiry system.
(8) If there is an adverse outcome because of a

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prescriber or dispenser making an inquiry, which is
initiated in good faith, the prescriber or dispenser shall
be held harmless from any civil liability.
(k) The Department shall establish, by rule, the process by
which to evaluate possible erroneous association of
prescriptions to any licensed prescriber or end user of the
Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee
is authorized to evaluate the need for and method of
establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them
that were not obtained by them shall be given access to their
personal prescription history pursuant to the validation
process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to
develop operational push reports to entities with compatible
electronic medical records. The process shall be covered within
administrative rule established by the Department.
(o) Hospital emergency departments and freestanding
healthcare facilities providing healthcare to walk-in patients
may obtain, for the purpose of improving patient care, a unique
identifier for each shift to utilize the PIL system.
(p) The Prescription Monitoring Program shall
automatically create a log-in to the inquiry system when a
prescriber or dispenser obtains or renews his or her controlled
substance license. The Department of Financial and

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Professional Regulation must provide the Prescription
Monitoring Program with electronic access to the license
information of a prescriber or dispenser to facilitate the
creation of this profile. The Prescription Monitoring Program
shall send the prescriber or dispenser information regarding
the inquiry system, including instructions on how to log into
the system, instructions on how to use the system to promote
effective clinical practice, and opportunities for continuing
education for the prescribing of controlled substances. The
Prescription Monitoring Program shall also send to all enrolled
prescribers, dispensers, and designees information regarding
the unsolicited reports produced pursuant to Section 314.5 of
this Act.
(q) A prescriber or dispenser may authorize a designee to
consult the inquiry system established by the Department under
this subsection on his or her behalf, provided that all the
following conditions are met:
(1) the designee so authorized is employed by the same
hospital or health care system; is employed by the same
professional practice; or is under contract with such
practice, hospital, or health care system;
(2) the prescriber or dispenser takes reasonable steps
to ensure that such designee is sufficiently competent in
the use of the inquiry system;
(3) the prescriber or dispenser remains responsible
for ensuring that access to the inquiry system by the

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designee is limited to authorized purposes and occurs in a
manner that protects the confidentiality of the
information obtained from the inquiry system, and remains
responsible for any breach of confidentiality; and
(4) the ultimate decision as to whether or not to
prescribe or dispense a controlled substance remains with
the prescriber or dispenser.
The Prescription Monitoring Program shall send to
registered designees information regarding the inquiry system,
including instructions on how to log onto the system.
(r) The Prescription Monitoring Program shall maintain an
Internet website in conjunction with its prescriber and
dispenser inquiry system. This website shall include, at a
minimum, the following information:
(1) current clinical guidelines developed by health
care professional organizations on the prescribing of
opioids or other controlled substances as determined by the
Advisory Committee;
(2) accredited continuing education programs related
to prescribing of controlled substances;
(3) programs or information developed by health care
professionals that may be used to assess patients or help
ensure compliance with prescriptions;
(4) updates from the Food and Drug Administration, the
Centers for Disease Control and Prevention, and other
public and private organizations which are relevant to

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prescribing;
(5) relevant medical studies related to prescribing;
(6) other information regarding the prescription of
controlled substances; and
(7) information regarding prescription drug disposal
events, including take-back programs or other disposal
options or events.
The content of the Internet website shall be periodically
reviewed by the Prescription Monitoring Program Advisory
Committee as set forth in Section 320 and updated in accordance
with the recommendation of the advisory committee.
(s) The Prescription Monitoring Program shall regularly
send electronic updates to the registered users of the Program.
The Prescription Monitoring Program Advisory Committee shall
review any communications sent to registered users and also
make recommendations for communications as set forth in Section
320. These updates shall include the following information:
(1) opportunities for accredited continuing education
programs related to prescribing of controlled substances;
(2) current clinical guidelines developed by health
care professional organizations on the prescribing of
opioids or other drugs as determined by the Advisory
Committee;
(3) programs or information developed by health care
professionals that may be used to assess patients or help
ensure compliance with prescriptions;

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(4) updates from the Food and Drug Administration, the
Centers for Disease Control and Prevention, and other
public and private organizations which are relevant to
prescribing;
(5) relevant medical studies related to prescribing;
(6) other information regarding prescribing of
controlled substances;
(7) information regarding prescription drug disposal
events, including take-back programs or other disposal
options or events; and
(8) reminders that the Prescription Monitoring Program
is a useful clinical tool.
(Source: P.A. 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
(720 ILCS 570/319)
Sec. 319. Rules. The Department shall must adopt rules
under the Illinois Administrative Procedure Act to implement
Sections 316 through 321, including the following:
(1) Information collection and retrieval procedures
for the central repository, including the controlled
substances to be included in the program required under
Section 316 and Section 321 (now repealed).
(2) Design for the creation of the database required
under Section 317.
(3) Requirements for the development and installation
of on-line electronic access by the Department to

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information collected by the central repository.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/320)
Sec. 320. Advisory committee.
(a) There is created a Prescription Monitoring Program
Advisory Committee The Secretary of the Department of Human
Services must appoint an advisory committee to assist the
Department of Human Services in implementing the Prescription
Monitoring Program controlled substance prescription
monitoring program created by this Article and to advise the
Department on the professional performance of prescribers and
dispensers and other matters germane to the advisory
committee's field of competence Section 316 and former Section
321 of this Act. The Advisory Committee consists of prescribers
and dispensers.
(b) The Clinical Director of the Prescription Monitoring
Program shall appoint Secretary of the Department of Human
Services or his or her designee must determine the number of
members to serve on the advisory committee. The advisory
committee shall be composed of prescribers and dispensers as
follows: 4 physicians licensed to practice medicine in all its
branches; one advanced practice nurse; one physician
assistant; one optometrist; one dentist; one podiatric
physician; and 3 pharmacists. The Clinical Director of the
Prescription Monitoring Program may appoint a representative

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of an organization representing a profession required to be
appointed. The Clinical Director of the Prescription
Monitoring Program shall serve as the chair of the committee.
The Secretary must choose one of the members of the advisory
committee to serve as chair of the committee.
(c) The advisory committee may appoint its other officers
as it deems appropriate.
(d) The members of the advisory committee shall receive no
compensation for their services as members of the advisory
committee but may be reimbursed for their actual expenses
incurred in serving on the advisory committee.
(e) The advisory committee shall:
(1) provide a uniform approach to reviewing this Act in
order to determine whether changes should be recommended to
the General Assembly; .
(2) review current drug schedules in order to manage
changes to the administrative rules pertaining to the
utilization of this Act; .
(3) review the following: current clinical guidelines
developed by health care professional organizations on the
prescribing of opioids or other controlled substances;
accredited continuing education programs related to
prescribing and dispensing; programs or information
developed by health care professional organizations that
may be used to assess patients or help ensure compliance
with prescriptions; updates from the Food and Drug

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Administration, the Centers for Disease Control and
Prevention, and other public and private organizations
which are relevant to prescribing and dispensing; relevant
medical studies; and other publications which involve the
prescription of controlled substances;
(4) make recommendations for inclusion of these
materials or other studies which may be effective resources
for prescribers and dispensers on the Internet website of
the inquiry system established under Section 318;
(5) on at least a quarterly basis, review the content
of the Internet website of the inquiry system established
pursuant to Section 318 to ensure this Internet website has
the most current available information;
(6) on at least a quarterly basis, review opportunities
for federal grants and other forms of funding to support
projects which will increase the number of pilot programs
which integrate the inquiry system with electronic health
records; and
(7) on at least a quarterly basis, review communication
to be sent to all registered users of the inquiry system
established pursuant to Section 318, including
recommendations for relevant accredited continuing
education and information regarding prescribing and
dispensing.
(f) The Clinical Director of the Prescription Monitoring
Program shall select 5 members, 3 physicians and 2 pharmacists,

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of the Prescription Monitoring Program Advisory Committee to
serve as members of the peer review subcommittee. The purpose
of the peer review subcommittee is to advise the Program on
matters germane to the advisory committee's field of
competence, establish a formal peer review of professional
performance of prescribers and dispensers, and develop
communications to transmit to prescribers and dispensers. The
deliberations, information, and communications of the peer
review subcommittee are privileged and confidential and shall
not be disclosed in any manner except in accordance with
current law.
(1) The peer review subcommittee shall periodically
review the data contained within the prescription
monitoring program to identify those prescribers or
dispensers who may be prescribing or dispensing outside the
currently accepted standards in the course of their
professional practice.
(2) The peer review subcommittee may identify
prescribers or dispensers who may be prescribing outside
the currently accepted medical standards in the course of
their professional practice and send the identified
prescriber or dispenser a request for information
regarding their prescribing or dispensing practices. This
request for information shall be sent via certified mail,
return receipt requested. A prescriber or dispenser shall
have 30 days to respond to the request for information.

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(3) The peer review subcommittee shall refer a
prescriber or a dispenser to the Department of Financial
and Professional Regulation in the following situations:
(i) if a prescriber or dispenser does not respond
to three successive requests for information;
(ii) in the opinion of a majority of members of the
peer review subcommittee, the prescriber or dispenser
does not have a satisfactory explanation for the
practices identified by the peer review subcommittee
in its request for information; or
(iii) following communications with the peer
review subcommittee, the prescriber or dispenser does
not sufficiently rectify the practices identified in
the request for information in the opinion of a
majority of the members of the peer review
subcommittee.
(4) The Department of Financial and Professional
Regulation may initiate an investigation and discipline in
accordance with current laws and rules for any prescriber
or dispenser referred by the peer review subcommittee.
(5) The peer review subcommittee shall prepare an
annual report starting on July 1, 2017. This report shall
contain the following information: the number of times the
peer review subcommittee was convened; the number of
prescribers or dispensers who were reviewed by the peer
review committee; the number of requests for information

HB0001 Engrossed - 223 - LRB099 00249 HEP 20254 b
sent out by the peer review subcommittee; and the number of
prescribers or dispensers referred to the Department of
Financial and Professional Regulation. The annual report
shall be delivered electronically to the Department and to
the General Assembly. The report prepared by the peer
review subcommittee shall not identify any prescriber,
dispenser, or patient.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
Sec. 406. (a) It is unlawful for any person:
(1) who is subject to Article III knowingly to
distribute or dispense a controlled substance in violation
of Sections 308 through 314.5 of this Act; or
(2) who is a registrant, to manufacture a controlled
substance not authorized by his or her registration, or to
distribute or dispense a controlled substance not
authorized by his or her registration to another registrant
or other authorized person; or
(3) to refuse or fail to make, keep or furnish any
record, notification, order form, statement, invoice or
information required under this Act; or
(4) to refuse an entry into any premises for any
inspection authorized by this Act; or
(5) knowingly to keep or maintain any store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft, or

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other structure or place, which is resorted to by a person
unlawfully possessing controlled substances, or which is
used for possessing, manufacturing, dispensing or
distributing controlled substances in violation of this
Act.
Any person who violates this subsection (a) is guilty of a
Class A misdemeanor for the first offense and a Class 4 felony
for each subsequent offense. The fine for each subsequent
offense shall not be more than $100,000. In addition, any
practitioner who is found guilty of violating this subsection
(a) is subject to suspension and revocation of his or her
professional license, in accordance with such procedures as are
provided by law for the taking of disciplinary action with
regard to the license of said practitioner's profession.
(b) It is unlawful for any person knowingly:
(1) to distribute, as a registrant, a controlled
substance classified in Schedule I or II, except pursuant
to an order form as required by Section 307 of this Act; or
(2) to use, in the course of the manufacture or
distribution of a controlled substance, a registration
number which is fictitious, revoked, suspended, or issued
to another person; or
(3) to acquire or obtain, or attempt to acquire or
obtain, possession of a controlled substance by
misrepresentation, fraud, forgery, deception or
subterfuge; or

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(3.1) to withhold information requested from a
practitioner, with the intent to obtain a controlled
substance that has not been prescribed, by
misrepresentation, fraud, forgery, deception, subterfuge,
or concealment of a material fact; or
(4) to furnish false or fraudulent material
information in, or omit any material information from, any
application, report or other document required to be kept
or filed under this Act, or any record required to be kept
by this Act; or
(5) to make, distribute or possess any punch, die,
plate, stone or other thing designed to print, imprint or
reproduce the trademark, trade name or other identifying
mark, imprint or device of another, or any likeness of any
of the foregoing, upon any controlled substance or
container or labeling thereof so as to render the drug a
counterfeit substance; or
(6) (blank); or
(7) (blank).
Any person who violates this subsection (b) is guilty of a
Class 4 felony for the first offense and a Class 3 felony for
each subsequent offense. The fine for the first offense shall
be not more than $100,000. The fine for each subsequent offense
shall not be more than $200,000.
(c) A person who knowingly or intentionally violates
Section 316, 317, 318, or 319 is guilty of a Class A

HB0001 Engrossed - 226 - LRB099 00249 HEP 20254 b
misdemeanor.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
Sec. 410. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for any offense under this Act or any law of the United States
or of any State relating to cannabis or controlled substances,
pleads guilty to or is found guilty of possession of a
controlled or counterfeit substance under subsection (c) of
Section 402 or of unauthorized possession of prescription form
under Section 406.2, the court, without entering a judgment and
with the consent of such person, may sentence him or her to
probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours

HB0001 Engrossed - 227 - LRB099 00249 HEP 20254 b
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(6-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(7) and in addition, if a minor:

HB0001 Engrossed - 228 - LRB099 00249 HEP 20254 b
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) There may be only one discharge and dismissal under
this Section, Section 10 of the Cannabis Control Act, Section
70 of the Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
or subsection (c) of Section 11-14 of the Criminal Code of 1961
or the Criminal Code of 2012 with respect to any person.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and

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Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but may be considered for the drug court program.
(Source: P.A. 97-334, eff. 1-1-12; 97-1118, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-164, eff. 1-1-14.)
Section 5-105. The Methamphetamine Control and Community
Protection Act is amended by changing Section 70 as follows:
(720 ILCS 646/70)

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Sec. 70. Probation.
(a) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for
any offense under this Act, the Illinois Controlled Substances
Act, the Cannabis Control Act, or any law of the United States
or of any state relating to cannabis or controlled substances,
pleads guilty to or is found guilty of possession of less than
15 grams of methamphetamine under paragraph (1) or (2) of
subsection (b) of Section 60 of this Act, the court, without
entering a judgment and with the consent of the person, may
sentence him or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of the probation, with the cost of the
testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service,

HB0001 Engrossed - 231 - LRB099 00249 HEP 20254 b
if community service is available in the jurisdiction and
is funded and approved by the county board.
(d) The court may, in addition to other conditions, require
that the person take one or more of the following actions:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(7) refrain from having in his or her body the presence
of any illicit drug prohibited by this Act, the Cannabis
Control Act, or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug; or
(8) if a minor:
(i) reside with his or her parents or in a foster
home;

HB0001 Engrossed - 232 - LRB099 00249 HEP 20254 b
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(h) There may be only one discharge and dismissal under
this Section, Section 410 of the Illinois Controlled Substances
Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
5-6-3.4 of the Unified Code of Corrections, or subsection (c)
of Section 11-14 of the Criminal Code of 1961 or the Criminal
Code of 2012 with respect to any person.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Illinois Controlled Substances
Act within 5 years subsequent to a discharge and dismissal

HB0001 Engrossed - 233 - LRB099 00249 HEP 20254 b
under this Section, the discharge and dismissal under this
Section are admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment Act.
The drug court team shall evaluate the person's likelihood of
successfully completing a sentence of probation under this
Section and shall report the results of its evaluation to the
court. If the drug court team finds that the person suffers
from a substance abuse problem that makes him or her
substantially unlikely to successfully complete a sentence of
probation under this Section, then the drug court shall set
forth its findings in the form of a written order, and the
person shall not be sentenced to probation under this Section,
but may be considered for the drug court program.
(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-164, eff. 1-1-14.)
Section 5-110. The Unified Code of Corrections is amended
by changing Sections 5-6-3.3, 5-6-3.4, 5-9-1.1, and 5-9-1.1-5
as follows:
(730 ILCS 5/5-6-3.3)
Sec. 5-6-3.3. Offender Initiative Program.

HB0001 Engrossed - 234 - LRB099 00249 HEP 20254 b
(a) Statement of purpose. The General Assembly seeks to
continue other successful programs that promote public safety,
conserve valuable resources, and reduce recidivism by
defendants who can lead productive lives by creating the
Offender Initiative Program.
(a-1) Whenever any person who has not previously been
convicted of, or placed on probation or conditional discharge
for, any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, is
arrested for and charged with a probationable felony offense of
theft, retail theft, forgery, possession of a stolen motor
vehicle, burglary, possession of burglary tools, possession of
cannabis, possession of a controlled substance, or possession
of methamphetamine, the court, with the consent of the
defendant and the State's Attorney, may continue this matter to
allow a defendant to participate and complete the Offender
Initiative Program.
(a-2) Exemptions. A defendant shall not be eligible for
this Program if the offense he or she has been arrested for and
charged with is a violent offense. For purposes of this
Program, a "violent offense" is any offense where bodily harm
was inflicted or where force was used against any person or
threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, driving under the

HB0001 Engrossed - 235 - LRB099 00249 HEP 20254 b
influence of drugs or alcohol, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this Program if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed in the Program, after both
the defendant and State's Attorney waive preliminary hearing
pursuant to Section 109-3 of the Code of Criminal Procedure of
1963, the court shall enter an order specifying that the
proceedings shall be suspended while the defendant is
participating in a Program of not less 12 months.
(c) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner pursuant to Section 5-5-6 of this Code;
(4) obtain employment or perform not less than 30 hours
of community service, provided community service is
available in the county and is funded and approved by the
county board; and
(5) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work

HB0001 Engrossed - 236 - LRB099 00249 HEP 20254 b
toward completing a vocational training program.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(2) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug;
(3) submit to periodic drug testing at a time, manner,
and frequency as ordered by the court;
(4) pay fines, fees and costs; and
(5) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(e) When the State's Attorney makes a factually specific
offer of proof that the defendant has failed to successfully

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complete the Program or has violated any of the conditions of
the Program, the court shall enter an order that the defendant
has not successfully completed the Program and continue the
case for arraignment pursuant to Section 113-1 of the Code of
Criminal Procedure of 1963 for further proceedings as if the
defendant had not participated in the Program.
(f) Upon fulfillment of the terms and conditions of the
Program, the State's Attorney shall dismiss the case or the
court shall discharge the person and dismiss the proceedings
against the person.
(g) There may be only one discharge and dismissal under
this Section with respect to any person.
(h) Notwithstanding subsection (a-1), if the court finds
that the defendant suffers from a substance abuse problem, then
before the person participates in the Program under this
Section, the court may refer the person to the drug court
established in that judicial circuit pursuant to Section 15 of
the Drug Court Treatment Act. The drug court team shall
evaluate the person's likelihood of successfully fulfilling
the terms and conditions of the Program under this Section and
shall report the results of its evaluation to the court. If the
drug court team finds that the person suffers from a substance
abuse problem that makes him or her substantially unlikely to
successfully fulfill the terms and conditions of the Program,
then the drug court shall set forth its findings in the form of
a written order, and the person shall be ineligible to

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participate in the Program under this Section, but may be
considered for the drug court program.
(Source: P.A. 97-1118, eff. 1-1-13; 98-718, eff. 1-1-15.)
(730 ILCS 5/5-6-3.4)
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been
convicted of, or placed on probation or conditional discharge
for, any felony offense under the laws of this State, the laws
of any other state, or the laws of the United States, including
probation under Section 410 of the Illinois Controlled
Substances Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 10 of the Cannabis Control
Act, subsection (c) of Section 11-14 of the Criminal Code of
2012, Treatment Alternatives for Criminal Justice Clients
(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
and Dependency Act, or prior successful completion of the
Offender Initiative Program under Section 5-6-3.3 of this Code,
and pleads guilty to, or is found guilty of, a probationable
felony offense of possession of a controlled substance that is
punishable as a Class 4 felony; possession of methamphetamine
that is punishable as a Class 4 felony; theft that is
punishable as a Class 3 felony based on the value of the
property or punishable as a Class 4 felony if the theft was
committed in a school or place of worship or if the theft was
of governmental property; retail theft that is punishable as a

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Class 3 felony based on the value of the property; criminal
damage to property that is punishable as a Class 4 felony;
criminal damage to government supported property that is
punishable as a Class 4 felony; or possession of cannabis which
is punishable as a Class 4 felony, the court, with the consent
of the defendant and the State's Attorney, may, without
entering a judgment, sentence the defendant to probation under
this Section.
(a-1) Exemptions. A defendant is not eligible for this
probation if the offense he or she pleads guilty to, or is
found guilty of, is a violent offense, or he or she has
previously been convicted of a violent offense. For purposes of
this probation, a "violent offense" is any offense where bodily
harm was inflicted or where force was used against any person
or threatened against any person, any offense involving sexual
conduct, sexual penetration, or sexual exploitation, any
offense of domestic violence, domestic battery, violation of an
order of protection, stalking, hate crime, driving under the
influence of drugs or alcohol, and any offense involving the
possession of a firearm or dangerous weapon. A defendant shall
not be eligible for this probation if he or she has previously
been adjudicated a delinquent minor for the commission of a
violent offense as defined in this subsection.
(b) When a defendant is placed on probation, the court
shall enter an order specifying a period of probation of not
less than 24 months and shall defer further proceedings in the

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case until the conclusion of the period or until the filing of
a petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) make full restitution to the victim or property
owner under Section 5-5-6 of this Code;
(4) obtain or attempt to obtain employment;
(5) pay fines and costs;
(6) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(7) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times
during the period of probation, with the cost of the
testing to be paid by the defendant; and
(8) perform a minimum of 30 hours of community service.
(d) The court may, in addition to other conditions, require
that the defendant:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or

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social service agency as directed by the court in the order
of probation;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(3) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(4) support his or her dependents; or
(5) refrain from having in his or her body the presence
of any illicit drug prohibited by the Methamphetamine
Control and Community Protection Act, the Cannabis Control
Act, or the Illinois Controlled Substances Act, unless
prescribed by a physician, and submit samples of his or her
blood or urine or both for tests to determine the presence
of any illicit drug.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal; however, a discharge and dismissal
under this Section is not a conviction for purposes of this
Code or for purposes of disqualifications or disabilities

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imposed by law upon conviction of a crime.
(h) There may be only one discharge and dismissal under
this Section, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 10 of the Cannabis Control Act,
Treatment Alternatives for Criminal Justice Clients (TASC)
under Article 40 of the Alcoholism and Other Drug Abuse and
Dependency Act, the Offender Initiative Program under Section
5-6-3.3 of this Code, and subsection (c) of Section 11-14 of
the Criminal Code of 2012 with respect to any person.
(i) If a person is convicted of any offense which occurred
within 5 years subsequent to a discharge and dismissal under
this Section, the discharge and dismissal under this Section
shall be admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds that
the defendant suffers from a substance abuse problem, then
before the person is placed on probation under this Section,
the court may refer the person to the drug court established in
that judicial circuit pursuant to Section 15 of the Drug Court
Treatment Act. The drug court team shall evaluate the person's
likelihood of successfully fulfilling the terms and conditions
of probation under this Section and shall report the results of
its evaluation to the court. If the drug court team finds that
the person suffers from a substance abuse problem that makes
him or her substantially unlikely to successfully fulfill the

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terms and conditions of probation under this Section, then the
drug court shall set forth its findings in the form of a
written order, and the person shall be ineligible to be placed
on probation under this Section, but may be considered for the
drug court program.
(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15.)
(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
(Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
97-545, and 98-537)
Sec. 5-9-1.1. Drug related offenses.
(a) When a person has been adjudged guilty of a drug
related offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance, other than
methamphetamine, as defined in the Cannabis Control Act, as
amended, or the Illinois Controlled Substances Act, as amended,
in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
"Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
(b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,

HB0001 Engrossed - 244 - LRB099 00249 HEP 20254 b
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
(c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of any
reduction in the fine for time served either before or after
sentencing.
(d) In addition to any penalty imposed under subsection (a)
of this Section for a drug related offense involving possession
or delivery of cannabis or possession or delivery of a
controlled substance as defined in the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, a fee of $50 shall be
assessed by the court, the proceeds of which shall be collected
by the Circuit Clerk and remitted to the State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Performance-enhancing Substance Testing Fund. This additional
fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either

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before or after sentencing. The provisions of this subsection
(d), other than this sentence, are inoperative after June 30,
2011.
(e) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under this Section shall be appropriated to and administered by
the Illinois Criminal Justice Information Authority for
funding of drug task forces and Metropolitan Enforcement
Groups.
(f) In addition to any penalty imposed under subsection (a)
of this Section, a $40 $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.

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(Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
(Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
97-545, and 98-537)
Sec. 5-9-1.1. Drug related offenses.
(a) When a person has been adjudged guilty of a drug
related offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined in
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act, in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
"Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
(b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
(c) In addition to any penalty imposed under subsection (a)

HB0001 Engrossed - 247 - LRB099 00249 HEP 20254 b
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of any
reduction in the fine for time served either before or after
sentencing.
(d) In addition to any penalty imposed under subsection (a)
of this Section for a drug related offense involving possession
or delivery of cannabis or possession or delivery of a
controlled substance as defined in the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, a fee of $50 shall be
assessed by the court, the proceeds of which shall be collected
by the Circuit Clerk and remitted to the State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Performance-enhancing Substance Testing Fund. This additional
fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. The provisions of this subsection
(d), other than this sentence, are inoperative after June 30,
2011.
(e) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit

HB0001 Engrossed - 248 - LRB099 00249 HEP 20254 b
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under this Section shall be appropriated to and administered by
the Illinois Criminal Justice Information Authority for
funding of drug task forces and Metropolitan Enforcement
Groups.
(f) In addition to any penalty imposed under subsection (a)
of this Section, a $40 $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
(730 ILCS 5/5-9-1.1-5)
Sec. 5-9-1.1-5. Methamphetamine related offenses.
(a) When a person has been adjudged guilty of a
methamphetamine related offense involving possession or

HB0001 Engrossed - 249 - LRB099 00249 HEP 20254 b
delivery of methamphetamine or any salt of an optical isomer of
methamphetamine or possession of a methamphetamine
manufacturing material as set forth in Section 10 of the
Methamphetamine Control and Community Protection Act with the
intent to manufacture a substance containing methamphetamine
or salt of an optical isomer of methamphetamine, in addition to
any other penalty imposed, a fine shall be levied by the court
at not less than the full street value of the methamphetamine
or salt of an optical isomer of methamphetamine or
methamphetamine manufacturing materials seized.
"Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
methamphetamine or salt of an optical isomer of methamphetamine
or methamphetamine manufacturing materials seized.
(b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Methamphetamine Law
Enforcement Fund and allocated as provided in subsection (d) of
Section 5-9-1.2.
(c) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit

HB0001 Engrossed - 250 - LRB099 00249 HEP 20254 b
Clerk and remitted to the State Treasurer for deposit into the
Criminal Justice Information Projects Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under this Section shall be appropriated to and administered by
the Illinois Criminal Justice Information Authority for
funding of drug task forces and Metropolitan Enforcement
Groups.
(d) In addition to any penalty imposed under subsection (a)
of this Section, a $40 $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
Section 5-115. The Drug Court Treatment Act is amended by
changing Section 20 and by adding Sections 45 and 50 as
follows:

HB0001 Engrossed - 251 - LRB099 00249 HEP 20254 b
(730 ILCS 166/20)
Sec. 20. Eligibility.
(a) A defendant may be admitted into a drug court program
only upon the agreement of the prosecutor and the defendant and
with the approval of the court.
(b) A defendant shall be excluded from a drug court program
if any of one of the following apply:
(1) The crime is a crime of violence as set forth in
clause (4) of this subsection (b).
(2) The defendant denies his or her use of or addiction
to drugs.
(3) The defendant does not demonstrate a willingness to
participate in a treatment program.
(4) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration
time. As used in this Section, "crime of violence" means ,
including but not limited to: first degree murder, second
degree murder, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, armed robbery, aggravated arson, arson,
aggravated kidnaping, kidnaping, aggravated battery
resulting in great bodily harm or permanent disability,
stalking, aggravated stalking, or any offense involving
the discharge of a firearm.
(c) Notwithstanding subsection (a), the defendant may be
admitted into a drug court program only upon the agreement of

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the prosecutor if:
(1) the defendant is charged with a Class 2 or greater
felony violation of:
(A) Section 401, 401.1, 405, or 405.2 of the
Illinois Controlled Substances Act;
(B) Section 5, 5.1, or 5.2 of the Cannabis Control
Act;
(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
or 65 of the Methamphetamine Control and Community
Protection Act; or
(2) the defendant has previously, on 3 or more
occasions, either completed a drug court program, been
discharged from a drug court program, or been terminated
from a drug court program.
(5) The defendant has previously completed or has been
discharged from a drug court program.
(Source: P.A. 92-58, eff. 1-1-02.)
(730 ILCS 166/45 new)
Sec. 45. Education seminars for drug court prosecutors.
Subject to appropriation, the Office of the State's Attorneys
Appellate Prosecutor shall conduct mandatory education
seminars on the subjects of substance abuse and addiction for
all drug court prosecutors throughout the State.
(730 ILCS 166/50 new)

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Sec. 50. Education seminars for public defenders. Subject
to appropriation, the Office of the State Appellate Defender
shall conduct mandatory education seminars on the subjects of
substance abuse and addiction for all public defenders and
assistant public defenders practicing in drug courts
throughout the State.
Section 5-120. The Veterans and Servicemembers Court
Treatment Act is amended by changing Section 20 as follows:
(730 ILCS 167/20)
Sec. 20. Eligibility. Veterans and Servicemembers are
eligible for Veterans and Servicemembers Courts, provided the
following:
(a) A defendant, who is eligible for probation based on the
nature of the crime convicted of and in consideration of his or
her criminal background, if any, may be admitted into a
Veterans and Servicemembers Court program only upon the
agreement of the prosecutor and the defendant and with the
approval of the Court.
(b) A defendant shall be excluded from Veterans and
Servicemembers Court program if any of one of the following
applies:
(1) The crime is a crime of violence as set forth in
clause (3) of this subsection (b).
(2) The defendant does not demonstrate a willingness to

HB0001 Engrossed - 254 - LRB099 00249 HEP 20254 b
participate in a treatment program.
(3) The defendant has been convicted of a crime of
violence within the past 10 years excluding incarceration
time. As used in this Section, "crime of violence" means ,
including but not limited to: first degree murder, second
degree murder, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, armed robbery, aggravated arson, arson,
aggravated kidnapping and kidnapping, aggravated battery
resulting in great bodily harm or permanent disability,
stalking, aggravated stalking, or any offense involving
the discharge of a firearm or where occurred serious bodily
injury or death to any person.
(4) (Blank).
(5) The crime for which the defendant has been
convicted is non-probationable.
(6) The sentence imposed on the defendant, whether the
result of a plea or a finding of guilt, renders the
defendant ineligible for probation.
(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14.)
Section 5-125. The Good Samaritan Act is amended by adding
Section 36 and by changing Section 70 as follows:
(745 ILCS 49/36 new)
Sec. 36. Pharmacists; exemptions from civil liability for

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the dispensing of an opioid antagonist to individuals who may
or may not be at risk for an opioid overdose. Any person
licensed as a pharmacist in Illinois or any other state or
territory of the United States who in good faith dispenses or
administers an opioid antagonist as defined in Section 5-23 of
the Alcoholism and Other Drug Abuse and Dependency Act in
compliance with the procedures or protocols developed under
Section 19.1 of the Pharmacy Practice Act, or the standing
order of any person licensed under the Medical Practice Act of
1987, without fee or compensation in any way, shall not, as a
result of her or his acts or omissions, except for willful or
wanton misconduct on the part of the person, in dispensing the
drug or administering the drug, be liable for civil damages.
(745 ILCS 49/70)
Sec. 70. Law enforcement officers, firemen, Emergency
Medical Technicians (EMTs) and First Responders; exemption
from civil liability for emergency care. Any law enforcement
officer or fireman as defined in Section 2 of the Line of Duty
Compensation Act, any "emergency medical technician (EMT)" as
defined in Section 3.50 of the Emergency Medical Services (EMS)
Systems Act, and any "first responder" as defined in Section
3.60 of the Emergency Medical Services (EMS) Systems Act, who
in good faith provides emergency care, including the
administration of an opioid antagonist as defined in Section
5-23 of the Alcoholism and Other Drug Abuse and Dependency Act,

HB0001 Engrossed - 256 - LRB099 00249 HEP 20254 b
without fee or compensation to any person shall not, as a
result of his or her acts or omissions, except willful and
wanton misconduct on the part of the person, in providing the
care, be liable to a person to whom such care is provided for
civil damages.
(Source: P.A. 93-1047, eff. 10-18-04; 94-826, eff. 1-1-07.)