101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2495
 
Introduced , by Rep. Kelly M. Cassidy
 
SYNOPSIS AS INTRODUCED:



See Index

 Creates the Reproductive Health Act. Provides that every individual has a fundamental right to make autonomous decisions about one's own reproductive health. Provides that every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right. Provides that a fertilized egg, embryo, or fetus does not have independent rights under the law, of this State. Provides prohibited State actions. Provides that a party aggrieved by a violation of the Act may bring a civil lawsuit. Provides that a health care professional shall report each abortion performed to the Department of Public Health. Limits home rule powers. Repeals provisions regarding abortion in the Ambulatory Surgical Treatment Center Act, the Sexual Assault Survivors Emergency Treatment Act, and the Injunction Article of the Code of Civil Procedure. Repeals the Illinois Abortion Law of 1975, the Partial-birth Abortion Ban Act, and the Abortion Performance Refusal Act. Makes corresponding changes in the Children and Family Services Act, the Counties Code, the Medical Practice Act of 1987, the Vital Records Act, the Criminal Code of 2012, and the Rights of Married Persons Act. Amends the Freedom of Information Act. Provides that information and records held by the Department collected under the Reproductive Health Act is exempt from inspection and copying. Amends the Ambulatory Surgical Treatment Center Act. Provides that that term "ambulatory surgical treatment center" does not include any facility in which the performance of abortion procedures is limited to those performed without general, epidural, or spinal anesthesia. Amends the Illinois Insurance Code. Provides insurance requirements for the coverage of abortion. Makes corresponding changes in the State Employees Group Insurance Act, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Amends the Nurse Practice Act. Provides that operative surgery does not include abortions performed without general, epidural, or spinal anesthesia, and other gynecological procedures related to abortions. Amends the Environmental Act. Provides that tissue and products from an abortion or miscarriage may be buried, entombed, or cremated. Effective immediately.



LRB101 11034 LNS 56235 b


 
 
A BILL FOR
 


HB2495LRB101 11034 LNS 56235 b



1 AN ACT concerning health.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4
Article 1.  REPRODUCTIVE HEALTH ACT


5 Section 1-1. Short title. This Act may be cited as the 
6Reproductive Health Act.

7 Section 1-5. Scope. This Act sets forth the fundamental 
8rights of individuals to make autonomous decisions about one's 
9own reproductive health, including the fundamental right to use 
10or refuse reproductive health care. This includes the 
11fundamental right of an individual to use or refuse 
12contraception or sterilization, and to make autonomous 
13decisions about how to exercise that right; and the fundamental 
14right of an individual who becomes pregnant to continue the 
15pregnancy and give birth to a child, or to have an abortion, 
16and to make autonomous decisions about how to exercise that 
17right. This Act restricts the ability of the State to deny, 
18interfere with, or discriminate against these fundamental 
19rights.
20 The purposes of this Act are:
21  (1) To establish laws and policies that protect 
22 individual decision-making in the area of reproductive 
 
 
HB2495- 2 -LRB101 11034 LNS 56235 b


1 health and that support access to the full scope of quality 
2 reproductive health care for all in our State; and
3  (2) To permit regulation of reproductive health care, 
4 including contraception, abortion, and maternity care, 
5 only to the extent that such regulation is narrowly 
6 tailored to protect a compelling State interest, which for 
7 the purposes of this Act means: consistent with accepted 
8 standards of clinical practice, evidence based, and 
9 narrowly tailored for the limited purpose of protecting the 
10 health of people seeking such care and in the manner that 
11 least restricts a person's autonomous decision-making.

12 Section 1-10. Definitions. As used in this Act:
13 "Abortion" means the use of any instrument, medicine, drug, 
14or any other substance or device to terminate the pregnancy of 
15an individual known to be pregnant with an intention other than 
16to increase the probability of a live birth, to preserve the 
17life or health of the child after live birth, or to remove a 
18dead fetus.
19 "Advanced practice registered nurse" has the same meaning 
20as it does in Section 50-10 of the Nurse Practice Act.
21 "Department" means the Illinois Department of Public 
22Health. 
23 "Health care professional" means a person who is licensed, 
24certified, or otherwise authorized or permitted by law to 
25administer health care, acting within the scope of the person's 
 
 
HB2495- 3 -LRB101 11034 LNS 56235 b


1practice and training, including, but not limited to, a 
2physician, advanced practice registered nurse, physician 
3assistant, or person acting under the supervision of one of the 
4above. A health care professional may, using the health care 
5professional's best clinical judgment, delegate tasks and 
6duties to a person under the health care professional's 
7supervision, consistent with the delegee's scope of practice 
8and training.
9 "Maternity care" means the health care provided in relation 
10to pregnancy, labor and childbirth, and the postpartum period, 
11and includes prenatal care, care during labor and birthing, and 
12postpartum care extending through one-year postpartum. 
13Maternity care shall be of high quality, seek to optimize 
14positive outcomes for the patient, and be provided on the basis 
15of the physical and psychosocial needs of the patient. 
16Notwithstanding any of the above, all care shall be subject to 
17the informed and voluntary consent of the patient, or the 
18patient's legal proxy, when the patient is unable to give 
19consent. 
20 "Physician" means any person licensed to practice medicine 
21in all its branches under the Medical Practice Act of 1987. 
22 "Physician assistant" has the same meaning as it does in 
23Section 4 of the Physician Assistant Practice Act of 1987.
24 "Pregnancy" means the human reproductive process, 
25beginning with the implantation of an embryo.
26 "Prevailing party" has the same meaning as in the Illinois 
 
 
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1Civil Rights Act of 2003. 
2 "Reproductive health care" means health care offered, 
3arranged, or furnished for the purpose of preventing pregnancy, 
4terminating a pregnancy, managing pregnancy loss, or improving 
5maternal health and birth outcomes. Reproductive health care 
6includes, but is not limited to: contraception; sterilization; 
7preconception care; maternity care; abortion care; and 
8counseling regarding reproductive health care. 
9 "State" includes any branch, department, agency, 
10instrumentality, and official or other person acting under 
11color of law of this State or a political subdivision of the 
12State, including any unit of local government (including a home 
13rule unit), school district, instrumentality, or public 
14subdivision.

15 Section 1-15. Fundamental reproductive health rights.
16 (a) Every individual has a fundamental right to make 
17autonomous decisions about the individual's own reproductive 
18health, including the fundamental right to use or refuse 
19reproductive health care.
20 (b) Every individual who becomes pregnant has a fundamental 
21right to continue the pregnancy and give birth or to have an 
22abortion, and to make autonomous decisions about how to 
23exercise that right.
24 (c) A fertilized egg, embryo, or fetus does not have 
25independent rights under the laws of this State.

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

 
 
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1 Section 1-25. Reporting of abortions performed by health 
2care professionals.
3 (a) A health care professional may provide abortion care in 
4accordance with the health care professional's best 
5professional judgment and training and based on accepted 
6standards of clinical practice.
7 (b) A report of each abortion performed by a health care 
8professional shall be made to the Department on forms 
9prescribed by it. Such reports shall be transmitted to the 
10Department not later than 10 days following the end of the 
11month in which the abortion is performed.
12 (c) The abortion reporting forms prescribed by the 
13Department shall not request or require information that 
14identifies a patient by name or any other identifying 
15information, and the Department shall secure anonymity of all 
16patients.
17 (d) All reports received by the Department pursuant to this 
18Section shall be treated as confidential and exempt from the 
19Freedom of Information Act. Access to such reports shall be 
20limited to authorized Department staff who shall use the 
21reports for statistical purposes only. Such reports must be 
22destroyed within 2 years after date of receipt.

23 Section 1-30. Application.
24 (a) This Act applies to all State laws, ordinances, 
25policies, procedures, practices, and governmental actions and 
 
 
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1their implementation, whether statutory or otherwise and 
2whether adopted before or after the effective date of this Act.
3 (b) Nothing in this Act shall be construed to authorize the 
4State to burden any individual's fundamental rights relating to 
5reproductive health care.

6 Section 1-35. Home rule powers limitation. A unit of local 
7government may enact ordinances, standards, rules, or 
8regulations that protect an individual's ability to freely 
9exercise the fundamental rights set forth in this Act in a 
10manner or to an extent equal to or greater than the protection 
11provided in this Act. A unit of local government may not 
12regulate an individual's ability to freely exercise the 
13fundamental rights set forth in this Act in a manner more 
14restrictive than that set forth in this Act. This Section is a 
15limitation under subsection
(i) of Section 6 of Article VII of 
16the Illinois Constitution
on the concurrent exercise by home 
17rule units of powers and
functions exercised by the State.

18 Section 1-97. Severability. The provisions of this Act are 
19severable under Section 1.31 of the Statute on Statutes.

20
Article 905.  REPEALS


21 (210 ILCS 5/6.1 rep.)
22 Section 905-5. The Ambulatory Surgical Treatment Center 
 
 
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1Act is amended by repealing Section 6.1.


2 (410 ILCS 70/9 rep.)

3 Section 905-10. The Sexual Assault Survivors Emergency 
4Treatment Act is amended by repealing Section 9.


5 (720 ILCS 510/Act rep.)

6 Section 905-15. The Illinois Abortion Law of 1975 is 
7repealed.


8 (720 ILCS 513/Act rep.)

9 Section 905-20. The Partial-birth Abortion Ban Act is 
10repealed.


11 (735 ILCS 5/11-107.1 rep.)

12 Section 905-25. The Code of Civil Procedure is amended by 
13repealing Section 11-107.1.


14 (745 ILCS 30/Act rep.)

15 Section 905-30. The Abortion Performance Refusal Act is 
16repealed.

17
Article 910.  AMENDMENTS


18 Section 910-5. The State Employees Group Insurance Act of 
191971 is amended by changing Section 6.11 as follows:



 
 
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1 (5 ILCS 375/6.11)

2 (Text of Section before amendment by P.A. 100-1170)
3 Sec. 6.11. Required health benefits; Illinois Insurance 
4Code
requirements. The program of health
benefits shall provide 
5the post-mastectomy care benefits required to be covered
by a 
6policy of accident and health insurance under Section 356t of 
7the Illinois
Insurance Code. The program of health benefits 
8shall provide the coverage
required under Sections 356g, 
9356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, 
10356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 
11356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and 
12356z.26, and 356z.29, and 356z.32 of the
Illinois Insurance 
13Code.
The program of health benefits must comply with Sections 
14155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the

15Illinois Insurance Code. The Department of Insurance shall 
16enforce the requirements of this Section.

17 Rulemaking authority to implement Public Act 95-1045, if 
18any, is conditioned on the rules being adopted in accordance 
19with all provisions of the Illinois Administrative Procedure 
20Act and all rules and procedures of the Joint Committee on 
21Administrative Rules; any purported rule not so adopted, for 
22whatever reason, is unauthorized. 
23(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; 
24100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. 
251-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised 
 
 
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11-8-19.)

2 (Text of Section after amendment by P.A. 100-1170)
3 Sec. 6.11. Required health benefits; Illinois Insurance 
4Code
requirements. The program of health
benefits shall provide 
5the post-mastectomy care benefits required to be covered
by a 
6policy of accident and health insurance under Section 356t of 
7the Illinois
Insurance Code. The program of health benefits 
8shall provide the coverage
required under Sections 356g, 
9356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, 
10356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 
11356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26, 
12356z.29, and 356z.32 of the
Illinois Insurance Code.
The 
13program of health benefits must comply with Sections 155.22a, 
14155.37, 355b, 356z.19, 370c, and 370c.1 of the
Illinois 
15Insurance Code. The Department of Insurance shall enforce the 
16requirements of this Section with respect to Sections 370c and 
17370c.1 of the Illinois Insurance Code; all other requirements 
18of this Section shall be enforced by the Department of Central 
19Management Services.

20 Rulemaking authority to implement Public Act 95-1045, if 
21any, is conditioned on the rules being adopted in accordance 
22with all provisions of the Illinois Administrative Procedure 
23Act and all rules and procedures of the Joint Committee on 
24Administrative Rules; any purported rule not so adopted, for 
25whatever reason, is unauthorized. 
 
 
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1(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; 
2100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. 
31-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; 
4100-1170, eff. 6-1-19.)

5 Section 910-10. The Children and Family Services Act is 
6amended by changing Section 5 as follows:


7 (20 ILCS 505/5) (from Ch. 23, par. 5005)



8 Sec. 5. Direct child welfare services; Department of 
9Children and Family
Services.  To provide direct child welfare 
10services when not available
through other public or private 
11child care or program facilities.

12 (a) For purposes of this Section:

13  (1) "Children" means persons found within the State who 
14 are under the
age of 18 years. The term also includes 
15 persons under age 21 who:

16   (A) were committed to the Department pursuant to 
17 the
Juvenile Court Act or the Juvenile Court Act of 
18 1987, as amended, prior to
the age of 18 and who 
19 continue under the jurisdiction of the court; or

20   (B) were accepted for care, service and training by

21 the Department prior to the age of 18 and whose best 
22 interest in the
discretion of the Department would be 
23 served by continuing that care,
service and training 
24 because of severe emotional disturbances, physical

 
 
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1 disability, social adjustment or any combination 
2 thereof, or because of the
need to complete an 
3 educational or vocational training program.

4  (2) "Homeless youth" means persons found within the

5 State who are under the age of 19, are not in a safe and 
6 stable living
situation and cannot be reunited with their 
7 families.

8  (3) "Child welfare services" means public social 
9 services which are
directed toward the accomplishment of 
10 the following purposes:

11   (A) protecting and promoting the health, safety 
12 and welfare of
children,
including homeless, dependent 
13 or neglected children;

14   (B) remedying, or assisting in the solution
of 
15 problems which may result in, the neglect, abuse, 
16 exploitation or
delinquency of children;

17   (C) preventing the unnecessary separation of 
18 children
from their families by identifying family 
19 problems, assisting families in
resolving their 
20 problems, and preventing the breakup of the family

21 where the prevention of child removal is desirable and 
22 possible when the
child can be cared for at home 
23 without endangering the child's health and
safety;

24   (D) restoring to their families children who have 
25 been
removed, by the provision of services to the child 
26 and the families when the
child can be cared for at 
 
 
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1 home without endangering the child's health and

2 safety;

3   (E) placing children in suitable adoptive homes, 
4 in
cases where restoration to the biological family is 
5 not safe, possible or
appropriate;

6   (F) assuring safe and adequate care of children 
7 away from their
homes, in cases where the child cannot 
8 be returned home or cannot be placed
for adoption. At 
9 the time of placement, the Department shall consider

10 concurrent planning,
as described in subsection (l-1) 
11 of this Section so that permanency may
occur at the 
12 earliest opportunity. Consideration should be given so 
13 that if
reunification fails or is delayed, the 
14 placement made is the best available
placement to 
15 provide permanency for the child;

16   (G) (blank);

17   (H) (blank); and

18   (I) placing and maintaining children in facilities 
19 that provide
separate living quarters for children 
20 under the age of 18 and for children
18 years of age 
21 and older, unless a child 18 years of age is in the 
22 last
year of high school education or vocational 
23 training, in an approved
individual or group treatment 
24 program, in a licensed shelter facility,
or secure 
25 child care facility.
The Department is not required to 
26 place or maintain children:

 
 
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1    (i) who are in a foster home, or

2    (ii) who are persons with a developmental 
3 disability, as defined in
the Mental
Health and 
4 Developmental Disabilities Code, or

5    (iii) who are female children who are 
6 pregnant, pregnant and
parenting or parenting, or

7    (iv) who are siblings, in facilities that 
8 provide separate living quarters for children 18

9 years of age and older and for children under 18 
10 years of age.

11 (b) (Blank). Nothing in this Section shall be construed to 
12authorize the
expenditure of public funds for the purpose of 
13performing abortions.

14 (c) The Department shall establish and maintain 
15tax-supported child
welfare services and extend and seek to 
16improve voluntary services
throughout the State, to the end 
17that services and care shall be available
on an equal basis 
18throughout the State to children requiring such services.

19 (d) The Director may authorize advance disbursements for 
20any new program
initiative to any agency contracting with the 
21Department. As a
prerequisite for an advance disbursement, the 
22contractor must post a
surety bond in the amount of the advance 
23disbursement and have a
purchase of service contract approved 
24by the Department. The Department
may pay up to 2 months 
25operational expenses in advance. The amount of the
advance 
26disbursement shall be prorated over the life of the contract
or 
 
 
HB2495- 15 -LRB101 11034 LNS 56235 b


1the remaining months of the fiscal year, whichever is less, and 
2the
installment amount shall then be deducted from future 
3bills. Advance
disbursement authorizations for new initiatives 
4shall not be made to any
agency after that agency has operated 
5during 2 consecutive fiscal years.
The requirements of this 
6Section concerning advance disbursements shall
not apply with 
7respect to the following: payments to local public agencies
for 
8child day care services as authorized by Section 5a of this 
9Act; and
youth service programs receiving grant funds under 
10Section 17a-4.

11 (e) (Blank).

12 (f) (Blank).

13 (g) The Department shall establish rules and regulations 
14concerning
its operation of programs designed to meet the goals 
15of child safety and
protection,
family preservation, family 
16reunification, and adoption, including but not
limited to:

17  (1) adoption;

18  (2) foster care;

19  (3) family counseling;

20  (4) protective services;

21  (5) (blank);

22  (6) homemaker service;

23  (7) return of runaway children;

24  (8) (blank);

25  (9) placement under Section 5-7 of the Juvenile Court 
26 Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile 
 
 
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1 Court Act of 1987 in
accordance with the federal Adoption 
2 Assistance and Child Welfare Act of
1980; and


3  (10) interstate services.

4 Rules and regulations established by the Department shall 
5include
provisions for training Department staff and the staff 
6of Department
grantees, through contracts with other agencies 
7or resources, in screening techniques to identify substance use 
8disorders, as defined in the Substance Use Disorder Act, 
9approved by the Department of Human
Services, as a successor to 
10the Department of Alcoholism and Substance Abuse,
for the 
11purpose of identifying children and adults who
should be 
12referred for an assessment at an organization appropriately 
13licensed by the Department of Human Services for substance use 
14disorder treatment.

15 (h) If the Department finds that there is no appropriate 
16program or
facility within or available to the Department for a 
17youth in care and that no
licensed private facility has an 
18adequate and appropriate program or none
agrees to accept the 
19youth in care, the Department shall create an appropriate

20individualized, program-oriented plan for such youth in care. 
21The
plan may be developed within the Department or through 
22purchase of services
by the Department to the extent that it is 
23within its statutory authority
to do.

24 (i) Service programs shall be available throughout the 
25State and shall
include but not be limited to the following 
26services:

 
 
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1  (1) case management;

2  (2) homemakers;

3  (3) counseling;

4  (4) parent education;

5  (5) day care; and

6  (6) emergency assistance and advocacy.

7 In addition, the following services may be made available 
8to assess and
meet the needs of children and families:

9  (1) comprehensive family-based services;

10  (2) assessments;

11  (3) respite care; and

12  (4) in-home health services.

13 The Department shall provide transportation for any of the 
14services it
makes available to children or families or for 
15which it refers children
or families.

16 (j) The Department may provide categories of financial 
17assistance and
education assistance grants, and shall

18establish rules and regulations concerning the assistance and 
19grants, to
persons who
adopt children with physical or mental 
20disabilities, children who are older, or other hard-to-place

21children who (i) immediately prior to their adoption were youth 
22in care or (ii) were determined eligible for financial 
23assistance with respect to a
prior adoption and who become 
24available for adoption because the
prior adoption has been 
25dissolved and the parental rights of the adoptive
parents have 
26been
terminated or because the child's adoptive parents have 
 
 
HB2495- 18 -LRB101 11034 LNS 56235 b


1died.
The Department may continue to provide financial 
2assistance and education assistance grants for a child who was 
3determined eligible for financial assistance under this 
4subsection (j) in the interim period beginning when the child's 
5adoptive parents died and ending with the finalization of the 
6new adoption of the child by another adoptive parent or 
7parents. The Department may also provide categories of 
8financial
assistance and education assistance grants, and

9shall establish rules and regulations for the assistance and 
10grants, to persons
appointed guardian of the person under 
11Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 
124-25, or 5-740 of the Juvenile Court Act of 1987
for children 
13who were youth in care for 12 months immediately
prior to the 
14appointment of the guardian.

15 The amount of assistance may vary, depending upon the needs 
16of the child
and the adoptive parents,
as set forth in the 
17annual
assistance agreement. Special purpose grants are 
18allowed where the child
requires special service but such costs 
19may not exceed the amounts
which similar services would cost 
20the Department if it were to provide or
secure them as guardian 
21of the child.

22 Any financial assistance provided under this subsection is

23inalienable by assignment, sale, execution, attachment, 
24garnishment, or any
other remedy for recovery or collection of 
25a judgment or debt.

26 (j-5) The Department shall not deny or delay the placement 
 
 
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1of a child for
adoption
if an approved family is available 
2either outside of the Department region
handling the case,
or 
3outside of the State of Illinois.

4 (k) The Department shall accept for care and training any 
5child who has
been adjudicated neglected or abused, or 
6dependent committed to it pursuant
to the Juvenile Court Act or 
7the Juvenile Court Act of 1987.

8 (l) The Department shall
offer family preservation 
9services, as defined in Section 8.2 of the Abused
and
Neglected 
10Child
Reporting Act, to help families, including adoptive and 
11extended families.
Family preservation
services shall be 
12offered (i) to prevent the
placement
of children in
substitute 
13care when the children can be cared for at home or in the 
14custody of
the person
responsible for the children's welfare,

15(ii) to
reunite children with their families, or (iii) to

16maintain an adoptive placement. Family preservation services 
17shall only be
offered when doing so will not endanger the 
18children's health or safety. With
respect to children who are 
19in substitute care pursuant to the Juvenile Court
Act of 1987, 
20family preservation services shall not be offered if a goal 
21other
than those of subdivisions (A), (B), or (B-1) of 
22subsection (2) of Section 2-28
of
that Act has been set, except 
23that reunification services may be offered as provided in 
24paragraph (F) of subsection (2) of Section 2-28 of that Act.

25Nothing in this paragraph shall be construed to create a 
26private right of
action or claim on the part of any individual 
 
 
HB2495- 20 -LRB101 11034 LNS 56235 b


1or child welfare agency, except that when a child is the 
2subject of an action under Article II of the Juvenile Court Act 
3of 1987 and the child's service plan calls for services to 
4facilitate achievement of the permanency goal, the court 
5hearing the action under Article II of the Juvenile Court Act 
6of 1987 may order the Department to provide the services set 
7out in the plan, if those services are not provided with 
8reasonable promptness and if those services are available.

9 The Department shall notify the child and his family of the

10Department's
responsibility to offer and provide family 
11preservation services as
identified in the service plan. The 
12child and his family shall be eligible
for services as soon as 
13the report is determined to be "indicated". The
Department may 
14offer services to any child or family with respect to whom a

15report of suspected child abuse or neglect has been filed, 
16prior to
concluding its investigation under Section 7.12 of the 
17Abused and Neglected
Child Reporting Act. However, the child's 
18or family's willingness to
accept services shall not be 
19considered in the investigation. The
Department may also 
20provide services to any child or family who is the
subject of 
21any report of suspected child abuse or neglect or may refer 
22such
child or family to services available from other agencies 
23in the community,
even if the report is determined to be 
24unfounded, if the conditions in the
child's or family's home 
25are reasonably likely to subject the child or
family to future 
26reports of suspected child abuse or neglect. Acceptance
of such 
 
 
HB2495- 21 -LRB101 11034 LNS 56235 b


1services shall be voluntary. The Department may also provide 
2services to any child or family after completion of a family 
3assessment, as an alternative to an investigation, as provided 
4under the "differential response program" provided for in 
5subsection (a-5) of Section 7.4 of the Abused and Neglected 
6Child Reporting Act.

7 The Department may, at its discretion except for those 
8children also
adjudicated neglected or dependent, accept for 
9care and training any child
who has been adjudicated addicted, 
10as a truant minor in need of
supervision or as a minor 
11requiring authoritative intervention, under the
Juvenile Court 
12Act or the Juvenile Court Act of 1987, but no such child
shall 
13be committed to the Department by any court without the 
14approval of
the Department. On and after January 1, 2015 (the 
15effective date of Public Act 98-803) and before January 1, 
162017, a minor charged with a criminal offense under the 
17Criminal
Code of 1961 or the Criminal Code of 2012 or 
18adjudicated delinquent shall not be placed in the custody of or

19committed to the Department by any court, except (i) a minor 
20less than 16 years
of age committed to the Department under 
21Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor 
22for whom an independent basis of abuse, neglect, or dependency 
23exists, which must be defined by departmental rule, or (iii) a 
24minor for whom the court has granted a supplemental petition to 
25reinstate wardship pursuant to subsection (2) of Section 2-33 
26of the Juvenile Court Act of 1987. On and after January 1, 
 
 
HB2495- 22 -LRB101 11034 LNS 56235 b


12017, a minor charged with a criminal offense under the 
2Criminal
Code of 1961 or the Criminal Code of 2012 or 
3adjudicated delinquent shall not be placed in the custody of or

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

20 As soon as is possible after August 7, 2009 (the effective 
21date of Public Act 96-134), the Department shall develop and 
22implement a special program of family preservation services to 
23support intact, foster, and adoptive families who are 
24experiencing extreme hardships due to the difficulty and stress 
25of caring for a child who has been diagnosed with a pervasive 
26developmental disorder if the Department determines that those 
 
 
HB2495- 23 -LRB101 11034 LNS 56235 b


1services are necessary to ensure the health and safety of the 
2child. The Department may offer services to any family whether 
3or not a report has been filed under the Abused and Neglected 
4Child Reporting Act. The Department may refer the child or 
5family to services available from other agencies in the 
6community if the conditions in the child's or family's home are 
7reasonably likely to subject the child or family to future 
8reports of suspected child abuse or neglect. Acceptance of 
9these services shall be voluntary. The Department shall develop 
10and implement a public information campaign to alert health and 
11social service providers and the general public about these 
12special family preservation services. The nature and scope of 
13the services offered and the number of families served under 
14the special program implemented under this paragraph shall be 
15determined by the level of funding that the Department annually 
16allocates for this purpose. The term "pervasive developmental 
17disorder" under this paragraph means a neurological condition, 
18including but not limited to, Asperger's Syndrome and autism, 
19as defined in the most recent edition of the Diagnostic and 
20Statistical Manual of Mental Disorders of the American 
21Psychiatric Association.
22 (l-1) The legislature recognizes that the best interests of 
23the child
require that
the child be placed in the most 
24permanent living arrangement as soon as is
practically

25possible. To achieve this goal, the legislature directs the 
26Department of
Children and
Family Services to conduct 
 
 
HB2495- 24 -LRB101 11034 LNS 56235 b


1concurrent planning so that permanency may occur at
the

2earliest opportunity. Permanent living arrangements may 
3include prevention of
placement of a child outside the home of 
4the family when the child can be cared
for at
home without 
5endangering the child's health or safety; reunification with 
6the
family,
when safe and appropriate, if temporary placement 
7is necessary; or movement of
the child
toward the most 
8permanent living arrangement and permanent legal status.

9 When determining reasonable efforts to be made with respect 
10to a child, as
described in this
subsection, and in making such 
11reasonable efforts, the child's health and
safety shall be the

12paramount concern.

13 When a child is placed in foster care, the Department shall 
14ensure and
document that reasonable efforts were made to 
15prevent or eliminate the need to
remove the child from the 
16child's home. The Department must make
reasonable efforts to 
17reunify the family when temporary placement of the child
occurs

18unless otherwise required, pursuant to the Juvenile Court Act 
19of 1987.
At any time after the dispositional hearing where the 
20Department believes
that further reunification services would 
21be ineffective, it may request a
finding from the court that 
22reasonable efforts are no longer appropriate. The
Department is 
23not required to provide further reunification services after 
24such
a
finding.

25 A decision to place a child in substitute care shall be 
26made with
considerations of the child's health, safety, and 
 
 
HB2495- 25 -LRB101 11034 LNS 56235 b


1best interests. At the
time of placement, consideration should 
2also be given so that if reunification
fails or is delayed, the 
3placement made is the best available placement to
provide 
4permanency for the child.

5 The Department shall adopt rules addressing concurrent 
6planning for
reunification and permanency. The Department 
7shall consider the following
factors when determining 
8appropriateness of concurrent planning:

9  (1) the likelihood of prompt reunification;

10  (2) the past history of the family;

11  (3) the barriers to reunification being addressed by 
12 the family;

13  (4) the level of cooperation of the family;

14  (5) the foster parents' willingness to work with the 
15 family to reunite;

16  (6) the willingness and ability of the foster family to 
17 provide an
adoptive
home or long-term placement;

18  (7) the age of the child;

19  (8) placement of siblings.

20 (m) The Department may assume temporary custody of any 
21child if:

22  (1) it has received a written consent to such temporary 
23 custody
signed by the parents of the child or by the parent 
24 having custody of the
child if the parents are not living 
25 together or by the guardian or
custodian of the child if 
26 the child is not in the custody of either
parent, or

 
 
HB2495- 26 -LRB101 11034 LNS 56235 b


1  (2) the child is found in the State and neither a 
2 parent,
guardian nor custodian of the child can be located.

3If the child is found in his or her residence without a parent, 
4guardian,
custodian or responsible caretaker, the Department 
5may, instead of removing
the child and assuming temporary 
6custody, place an authorized
representative of the Department 
7in that residence until such time as a
parent, guardian or 
8custodian enters the home and expresses a willingness
and 
9apparent ability to ensure the child's health and safety and 
10resume
permanent
charge of the child, or until a
relative 
11enters the home and is willing and able to ensure the child's 
12health
and
safety and assume charge of the
child until a 
13parent, guardian or custodian enters the home and expresses

14such willingness and ability to ensure the child's safety and 
15resume
permanent charge. After a caretaker has remained in the 
16home for a period not
to exceed 12 hours, the Department must 
17follow those procedures outlined in
Section 2-9, 3-11, 4-8, or 
185-415 of the Juvenile Court Act
of 1987.

19 The Department shall have the authority, responsibilities 
20and duties that
a legal custodian of the child would have 
21pursuant to subsection (9) of
Section 1-3 of the Juvenile Court 
22Act of 1987. Whenever a child is taken
into temporary custody 
23pursuant to an investigation under the Abused and
Neglected 
24Child Reporting Act, or pursuant to a referral and acceptance

25under the Juvenile Court Act of 1987 of a minor in limited 
26custody, the
Department, during the period of temporary custody 
 
 
HB2495- 27 -LRB101 11034 LNS 56235 b


1and before the child
is brought before a judicial officer as 
2required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile 
3Court Act of 1987, shall have
the authority, responsibilities 
4and duties that a legal custodian of the child
would have under 
5subsection (9) of Section 1-3 of the Juvenile Court Act of

61987.

7 The Department shall ensure that any child taken into 
8custody
is scheduled for an appointment for a medical 
9examination.

10 A parent, guardian or custodian of a child in the temporary 
11custody of the
Department who would have custody of the child 
12if he were not in the
temporary custody of the Department may 
13deliver to the Department a signed
request that the Department 
14surrender the temporary custody of the child.
The Department 
15may retain temporary custody of the child for 10 days after
the 
16receipt of the request, during which period the Department may 
17cause to
be filed a petition pursuant to the Juvenile Court Act 
18of 1987. If a
petition is so filed, the Department shall retain 
19temporary custody of the
child until the court orders 
20otherwise. If a petition is not filed within
the 10-day period, 
21the child shall be surrendered to the custody of the
requesting 
22parent, guardian or custodian not later than the expiration of

23the 10-day period, at which time the authority and duties of 
24the Department
with respect to the temporary custody of the 
25child shall terminate.

26 (m-1) The Department may place children under 18 years of 
 
 
HB2495- 28 -LRB101 11034 LNS 56235 b


1age in a secure
child care facility licensed by the Department 
2that cares for children who are
in need of secure living 
3arrangements for their health, safety, and well-being
after a 
4determination is made by the facility director and the Director 
5or the
Director's designate prior to admission to the facility 
6subject to Section
2-27.1 of the Juvenile Court Act of 1987. 
7This subsection (m-1) does not apply
to a child who is subject 
8to placement in a correctional facility operated
pursuant to 
9Section 3-15-2 of the Unified Code of Corrections, unless the

10child is a youth in care who was placed in the care of the 
11Department before being
subject to placement in a correctional 
12facility and a court of competent
jurisdiction has ordered 
13placement of the child in a secure care facility.

14 (n) The Department may place children under 18 years of age 
15in
licensed child care facilities when in the opinion of the 
16Department,
appropriate services aimed at family preservation 
17have been unsuccessful and
cannot ensure the child's health and 
18safety or are unavailable and such
placement would be for their 
19best interest. Payment
for board, clothing, care, training and 
20supervision of any child placed in
a licensed child care 
21facility may be made by the Department, by the
parents or 
22guardians of the estates of those children, or by both the

23Department and the parents or guardians, except that no 
24payments shall be
made by the Department for any child placed 
25in a licensed child care
facility for board, clothing, care, 
26training and supervision of such a
child that exceed the 
 
 
HB2495- 29 -LRB101 11034 LNS 56235 b


1average per capita cost of maintaining and of caring
for a 
2child in institutions for dependent or neglected children 
3operated by
the Department. However, such restriction on 
4payments does not apply in
cases where children require 
5specialized care and treatment for problems of
severe emotional 
6disturbance, physical disability, social adjustment, or
any 
7combination thereof and suitable facilities for the placement 
8of such
children are not available at payment rates within the 
9limitations set
forth in this Section. All reimbursements for 
10services delivered shall be
absolutely inalienable by 
11assignment, sale, attachment, garnishment or
otherwise.

12 (n-1) The Department shall provide or authorize child 
13welfare services, aimed at assisting minors to achieve 
14sustainable self-sufficiency as independent adults, for any 
15minor eligible for the reinstatement of wardship pursuant to 
16subsection (2) of Section 2-33 of the Juvenile Court Act of 
171987, whether or not such reinstatement is sought or allowed, 
18provided that the minor consents to such services and has not 
19yet attained the age of 21. The Department shall have 
20responsibility for the development and delivery of services 
21under this Section. An eligible youth may access services under 
22this Section through the Department of Children and Family 
23Services or by referral from the Department of Human Services. 
24Youth participating in services under this Section shall 
25cooperate with the assigned case manager in developing an 
26agreement identifying the services to be provided and how the 
 
 
HB2495- 30 -LRB101 11034 LNS 56235 b


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

24that agency. The Department shall ensure that any private child 
25welfare
agency, which accepts youth in care for placement, 
26affords those
rights to children and foster families. The 
 
 
HB2495- 31 -LRB101 11034 LNS 56235 b


1Department shall accept for
administrative review and an appeal 
2hearing a complaint made by (i) a child
or foster family 
3concerning a decision following an initial review by a
private 
4child welfare agency or (ii) a prospective adoptive parent who 
5alleges
a violation of subsection (j-5) of this Section. An 
6appeal of a decision
concerning a change in the placement of a 
7child shall be conducted in an
expedited manner. A court 
8determination that a current foster home placement is necessary 
9and appropriate under Section 2-28 of the Juvenile Court Act of 
101987 does not constitute a judicial determination on the merits 
11of an administrative appeal, filed by a former foster parent, 
12involving a change of placement decision.

13 (p) (Blank).

14 (q) The Department may receive and use, in their entirety, 
15for the
benefit of children any gift, donation or bequest of 
16money or other
property which is received on behalf of such 
17children, or any financial
benefits to which such children are 
18or may become entitled while under
the jurisdiction or care of 
19the Department.

20 The Department shall set up and administer no-cost, 
21interest-bearing accounts in appropriate financial 
22institutions
for children for whom the Department is legally 
23responsible and who have been
determined eligible for Veterans' 
24Benefits, Social Security benefits,
assistance allotments from 
25the armed forces, court ordered payments, parental
voluntary 
26payments, Supplemental Security Income, Railroad Retirement

 
 
HB2495- 32 -LRB101 11034 LNS 56235 b


1payments, Black Lung benefits, or other miscellaneous 
2payments. Interest
earned by each account shall be credited to 
3the account, unless
disbursed in accordance with this 
4subsection.

5 In disbursing funds from children's accounts, the 
6Department
shall:

7  (1) Establish standards in accordance with State and 
8 federal laws for
disbursing money from children's 
9 accounts. In all
circumstances,
the Department's 
10 "Guardianship Administrator" or his or her designee must

11 approve disbursements from children's accounts. The 
12 Department
shall be responsible for keeping complete 
13 records of all disbursements for each account for any 
14 purpose.

15  (2) Calculate on a monthly basis the amounts paid from 
16 State funds for the
child's board and care, medical care 
17 not covered under Medicaid, and social
services; and 
18 utilize funds from the child's account, as
covered by 
19 regulation, to reimburse those costs. Monthly, 
20 disbursements from
all children's accounts, up to 1/12 of 
21 $13,000,000, shall be
deposited by the Department into the 
22 General Revenue Fund and the balance over
1/12 of 
23 $13,000,000 into the DCFS Children's Services Fund.

24  (3) Maintain any balance remaining after reimbursing 
25 for the child's costs
of care, as specified in item (2). 
26 The balance shall accumulate in accordance
with relevant 
 
 
HB2495- 33 -LRB101 11034 LNS 56235 b


1 State and federal laws and shall be disbursed to the child 
2 or his
or her guardian, or to the issuing agency.

3 (r) The Department shall promulgate regulations 
4encouraging all adoption
agencies to voluntarily forward to the 
5Department or its agent names and
addresses of all persons who 
6have applied for and have been approved for
adoption of a 
7hard-to-place child or child with a disability and the names of 
8such
children who have not been placed for adoption. A list of 
9such names and
addresses shall be maintained by the Department 
10or its agent, and coded
lists which maintain the 
11confidentiality of the person seeking to adopt the
child and of 
12the child shall be made available, without charge, to every

13adoption agency in the State to assist the agencies in placing 
14such
children for adoption. The Department may delegate to an 
15agent its duty to
maintain and make available such lists. The 
16Department shall ensure that
such agent maintains the 
17confidentiality of the person seeking to adopt the
child and of 
18the child.

19 (s) The Department of Children and Family Services may 
20establish and
implement a program to reimburse Department and 
21private child welfare
agency foster parents licensed by the 
22Department of Children and Family
Services for damages 
23sustained by the foster parents as a result of the
malicious or 
24negligent acts of foster children, as well as providing third

25party coverage for such foster parents with regard to actions 
26of foster
children to other individuals. Such coverage will be 
 
 
HB2495- 34 -LRB101 11034 LNS 56235 b


1secondary to the
foster parent liability insurance policy, if 
2applicable. The program shall
be funded through appropriations 
3from the General Revenue Fund,
specifically designated for such 
4purposes.

5 (t) The Department shall perform home studies and 
6investigations and
shall exercise supervision over visitation 
7as ordered by a court pursuant
to the Illinois Marriage and 
8Dissolution of Marriage Act or the Adoption
Act only if:

9  (1) an order entered by an Illinois court specifically

10 directs the Department to perform such services; and

11  (2) the court has ordered one or both of the parties to

12 the proceeding to reimburse the Department for its 
13 reasonable costs for
providing such services in accordance 
14 with Department rules, or has
determined that neither party 
15 is financially able to pay.

16 The Department shall provide written notification to the 
17court of the
specific arrangements for supervised visitation 
18and projected monthly costs
within 60 days of the court order. 
19The Department shall send to the court
information related to 
20the costs incurred except in cases where the court
has 
21determined the parties are financially unable to pay. The court 
22may
order additional periodic reports as appropriate.

23 (u) In addition to other information that must be provided, 
24whenever the Department places a child with a prospective 
25adoptive parent or parents or in a licensed foster home,
group 
26home, child care institution, or in a relative home, the 
 
 
HB2495- 35 -LRB101 11034 LNS 56235 b


1Department
shall provide to the prospective adoptive parent or 
2parents or other caretaker:

3  (1) available detailed information concerning the 
4 child's educational
and health history, copies of 
5 immunization records (including insurance
and medical card 
6 information), a history of the child's previous 
7 placements,
if any, and reasons for placement changes 
8 excluding any information that
identifies or reveals the 
9 location of any previous caretaker;

10  (2) a copy of the child's portion of the client service 
11 plan, including
any visitation arrangement, and all 
12 amendments or revisions to it as
related to the child; and

13  (3) information containing details of the child's 
14 individualized
educational plan when the child is 
15 receiving special education services.

16 The caretaker shall be informed of any known social or 
17behavioral
information (including, but not limited to, 
18criminal background, fire
setting, perpetuation of
sexual 
19abuse, destructive behavior, and substance abuse) necessary to 
20care
for and safeguard the children to be placed or currently 
21in the home. The Department may prepare a written summary of 
22the information required by this paragraph, which may be 
23provided to the foster or prospective adoptive parent in 
24advance of a placement. The foster or prospective adoptive 
25parent may review the supporting documents in the child's file 
26in the presence of casework staff. In the case of an emergency 
 
 
HB2495- 36 -LRB101 11034 LNS 56235 b


1placement, casework staff shall at least provide known 
2information verbally, if necessary, and must subsequently 
3provide the information in writing as required by this 
4subsection.

5 The information described in this subsection shall be 
6provided in writing. In the case of emergency placements when 
7time does not allow prior review, preparation, and collection 
8of written information, the Department shall provide such 
9information as it becomes available. Within 10 business days 
10after placement, the Department shall obtain from the 
11prospective adoptive parent or parents or other caretaker a 
12signed verification of receipt of the information provided. 
13Within 10 business days after placement, the Department shall 
14provide to the child's guardian ad litem a copy of the 
15information provided to the prospective adoptive parent or 
16parents or other caretaker. The information provided to the 
17prospective adoptive parent or parents or other caretaker shall 
18be reviewed and approved regarding accuracy at the supervisory 
19level.


20 (u-5) Effective July 1, 1995, only foster care placements 
21licensed as
foster family homes pursuant to the Child Care Act 
22of 1969 shall be eligible to
receive foster care payments from 
23the Department.
Relative caregivers who, as of July 1, 1995, 
24were approved pursuant to approved
relative placement rules 
25previously promulgated by the Department at 89 Ill.
Adm. Code 
26335 and had submitted an application for licensure as a foster 
 
 
HB2495- 37 -LRB101 11034 LNS 56235 b


1family
home may continue to receive foster care payments only 
2until the Department
determines that they may be licensed as a 
3foster family home or that their
application for licensure is 
4denied or until September 30, 1995, whichever
occurs first.

5 (v) The Department shall access criminal history record 
6information
as defined in the Illinois Uniform Conviction 
7Information Act and information
maintained in the adjudicatory 
8and dispositional record system as defined in
Section 2605-355 
9of the
Department of State Police Law (20 ILCS 2605/2605-355)

10if the Department determines the information is necessary to 
11perform its duties
under the Abused and Neglected Child 
12Reporting Act, the Child Care Act of 1969,
and the Children and 
13Family Services Act. The Department shall provide for

14interactive computerized communication and processing 
15equipment that permits
direct on-line communication with the 
16Department of State Police's central
criminal history data 
17repository. The Department shall comply with all
certification 
18requirements and provide certified operators who have been

19trained by personnel from the Department of State Police. In 
20addition, one
Office of the Inspector General investigator 
21shall have training in the use of
the criminal history 
22information access system and have
access to the terminal. The 
23Department of Children and Family Services and its
employees 
24shall abide by rules and regulations established by the 
25Department of
State Police relating to the access and 
26dissemination of
this information.

 
 
HB2495- 38 -LRB101 11034 LNS 56235 b


1 (v-1) Prior to final approval for placement of a child, the 
2Department shall conduct a criminal records background check of 
3the prospective foster or adoptive parent, including 
4fingerprint-based checks of national crime information 
5databases. Final approval for placement shall not be granted if 
6the record check reveals a felony conviction for child abuse or 
7neglect, for spousal abuse, for a crime against children, or 
8for a crime involving violence, including rape, sexual assault, 
9or homicide, but not including other physical assault or 
10battery, or if there is a felony conviction for physical 
11assault, battery, or a drug-related offense committed within 
12the past 5 years.
13 (v-2) Prior to final approval for placement of a child, the 
14Department shall check its child abuse and neglect registry for 
15information concerning prospective foster and adoptive 
16parents, and any adult living in the home. If any prospective 
17foster or adoptive parent or other adult living in the home has 
18resided in another state in the preceding 5 years, the 
19Department shall request a check of that other state's child 
20abuse and neglect registry.

21 (w) Within 120 days of August 20, 1995 (the effective date 
22of Public Act
89-392), the Department shall prepare and submit 
23to the Governor and the
General Assembly, a written plan for 
24the development of in-state licensed
secure child care 
25facilities that care for children who are in need of secure

26living
arrangements for their health, safety, and well-being. 
 
 
HB2495- 39 -LRB101 11034 LNS 56235 b


1For purposes of this
subsection, secure care facility shall 
2mean a facility that is designed and
operated to ensure that 
3all entrances and exits from the facility, a building
or a 
4distinct part of the building, are under the exclusive control 
5of the
staff of the facility, whether or not the child has the 
6freedom of movement
within the perimeter of the facility, 
7building, or distinct part of the
building. The plan shall 
8include descriptions of the types of facilities that
are needed 
9in Illinois; the cost of developing these secure care 
10facilities;
the estimated number of placements; the potential 
11cost savings resulting from
the movement of children currently 
12out-of-state who are projected to be
returned to Illinois; the 
13necessary geographic distribution of these
facilities in 
14Illinois; and a proposed timetable for development of such

15facilities.
16 (x) The Department shall conduct annual credit history 
17checks to determine the financial history of children placed 
18under its guardianship pursuant to the Juvenile Court Act of 
191987. The Department shall conduct such credit checks starting 
20when a youth in care turns 12 years old and each year 
21thereafter for the duration of the guardianship as terminated 
22pursuant to the Juvenile Court Act of 1987. The Department 
23shall determine if financial exploitation of the child's 
24personal information has occurred. If financial exploitation 
25appears to have taken place or is presently ongoing, the 
26Department shall notify the proper law enforcement agency, the 
 
 
HB2495- 40 -LRB101 11034 LNS 56235 b


1proper State's Attorney, or the Attorney General.
2 (y) Beginning on July 22, 2010 (the effective date of 
3Public Act 96-1189), a child with a disability who receives 
4residential and educational services from the Department shall 
5be eligible to receive transition services in accordance with 
6Article 14 of the School Code from the age of 14.5 through age 
721, inclusive, notwithstanding the child's residential 
8services arrangement. For purposes of this subsection, "child 
9with a disability" means a child with a disability as defined 
10by the federal Individuals with Disabilities Education 
11Improvement Act of 2004. 
12 (z) The Department shall access criminal history record 
13information as defined as "background information" in this 
14subsection and criminal history record information as defined 
15in the Illinois Uniform Conviction Information Act for each 
16Department employee or Department applicant. Each Department 
17employee or Department applicant shall submit his or her 
18fingerprints to the Department of State Police in the form and 
19manner prescribed by the Department of State Police. These 
20fingerprints shall be checked against the fingerprint records 
21now and hereafter filed in the Department of State Police and 
22the Federal Bureau of Investigation criminal history records 
23databases. The Department of State Police shall charge a fee 
24for conducting the criminal history record check, which shall 
25be deposited into the State Police Services Fund and shall not 
26exceed the actual cost of the record check. The Department of 
 
 
HB2495- 41 -LRB101 11034 LNS 56235 b


1State Police shall furnish, pursuant to positive 
2identification, all Illinois conviction information to the 
3Department of Children and Family Services. 
4 For purposes of this subsection: 
5 "Background information" means all of the following: 
6  (i) Upon the request of the Department of Children and 
7 Family Services, conviction information obtained from the 
8 Department of State Police as a result of a 
9 fingerprint-based criminal history records check of the 
10 Illinois criminal history records database and the Federal 
11 Bureau of Investigation criminal history records database 
12 concerning a Department employee or Department applicant. 
13  (ii) Information obtained by the Department of 
14 Children and Family Services after performing a check of 
15 the Department of State Police's Sex Offender Database, as 
16 authorized by Section 120 of the Sex Offender Community 
17 Notification Law, concerning a Department employee or 
18 Department applicant. 
19  (iii) Information obtained by the Department of 
20 Children and Family Services after performing a check of 
21 the Child Abuse and Neglect Tracking System (CANTS) 
22 operated and maintained by the Department. 
23 "Department employee" means a full-time or temporary 
24employee coded or certified within the State of Illinois 
25Personnel System. 
26 "Department applicant" means an individual who has 
 
 
HB2495- 42 -LRB101 11034 LNS 56235 b


1conditional Department full-time or part-time work, a 
2contractor, an individual used to replace or supplement staff, 
3an academic intern, a volunteer in Department offices or on 
4Department contracts, a work-study student, an individual or 
5entity licensed by the Department, or an unlicensed service 
6provider who works as a condition of a contract or an agreement 
7and whose work may bring the unlicensed service provider into 
8contact with Department clients or client records. 
9(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; 
10100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff. 
111-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised 
1210-3-18.)

13 Section 910-15. The Freedom of Information Act is amended 
14by changing Section 7.5 as follows:

15 (5 ILCS 140/7.5)
16 Sec. 7.5. Statutory exemptions. To the extent provided for 
17by the statutes referenced below, the following shall be exempt 
18from inspection and copying:
19  (a) All information determined to be confidential 
20 under Section 4002 of the Technology Advancement and 
21 Development Act.
22  (b) Library circulation and order records identifying 
23 library users with specific materials under the Library 
24 Records Confidentiality Act.
 
 
HB2495- 43 -LRB101 11034 LNS 56235 b


1  (c) Applications, related documents, and medical 
2 records received by the Experimental Organ Transplantation 
3 Procedures Board and any and all documents or other records 
4 prepared by the Experimental Organ Transplantation 
5 Procedures Board or its staff relating to applications it 
6 has received.
7  (d) Information and records held by the Department of 
8 Public Health and its authorized representatives relating 
9 to known or suspected cases of sexually transmissible 
10 disease or any information the disclosure of which is 
11 restricted under the Illinois Sexually Transmissible 
12 Disease Control Act.
13  (e) Information the disclosure of which is exempted 
14 under Section 30 of the Radon Industry Licensing Act.
15  (f) Firm performance evaluations under Section 55 of 
16 the Architectural, Engineering, and Land Surveying 
17 Qualifications Based Selection Act.
18  (g) Information the disclosure of which is restricted 
19 and exempted under Section 50 of the Illinois Prepaid 
20 Tuition Act.
21  (h) Information the disclosure of which is exempted 
22 under the State Officials and Employees Ethics Act, and 
23 records of any lawfully created State or local inspector 
24 general's office that would be exempt if created or 
25 obtained by an Executive Inspector General's office under 
26 that Act.
 
 
HB2495- 44 -LRB101 11034 LNS 56235 b


1  (i) Information contained in a local emergency energy 
2 plan submitted to a municipality in accordance with a local 
3 emergency energy plan ordinance that is adopted under 
4 Section 11-21.5-5 of the Illinois Municipal Code.
5  (j) Information and data concerning the distribution 
6 of surcharge moneys collected and remitted by carriers 
7 under the Emergency Telephone System Act.
8  (k) Law enforcement officer identification information 
9 or driver identification information compiled by a law 
10 enforcement agency or the Department of Transportation 
11 under Section 11-212 of the Illinois Vehicle Code.
12  (l) Records and information provided to a residential 
13 health care facility resident sexual assault and death 
14 review team or the Executive Council under the Abuse 
15 Prevention Review Team Act.
16  (m) Information provided to the predatory lending 
17 database created pursuant to Article 3 of the Residential 
18 Real Property Disclosure Act, except to the extent 
19 authorized under that Article.
20  (n) Defense budgets and petitions for certification of 
21 compensation and expenses for court appointed trial 
22 counsel as provided under Sections 10 and 15 of the Capital 
23 Crimes Litigation Act. This subsection (n) shall apply 
24 until the conclusion of the trial of the case, even if the 
25 prosecution chooses not to pursue the death penalty prior 
26 to trial or sentencing.
 
 
HB2495- 45 -LRB101 11034 LNS 56235 b


1  (o) Information that is prohibited from being 
2 disclosed under Section 4 of the Illinois Health and 
3 Hazardous Substances Registry Act.
4  (p) Security portions of system safety program plans, 
5 investigation reports, surveys, schedules, lists, data, or 
6 information compiled, collected, or prepared by or for the 
7 Regional Transportation Authority under Section 2.11 of 
8 the Regional Transportation Authority Act or the St. Clair 
9 County Transit District under the Bi-State Transit Safety 
10 Act. 
11  (q) Information prohibited from being disclosed by the 
12 Personnel Record Records Review Act. 
13  (r) Information prohibited from being disclosed by the 
14 Illinois School Student Records Act. 
15  (s) Information the disclosure of which is restricted 
16 under Section 5-108 of the Public Utilities Act. 

17  (t) All identified or deidentified health information 
18 in the form of health data or medical records contained in, 
19 stored in, submitted to, transferred by, or released from 
20 the Illinois Health Information Exchange, and identified 
21 or deidentified health information in the form of health 
22 data and medical records of the Illinois Health Information 
23 Exchange in the possession of the Illinois Health 
24 Information Exchange Authority due to its administration 
25 of the Illinois Health Information Exchange. The terms 
26 "identified" and "deidentified" shall be given the same 
 
 
HB2495- 46 -LRB101 11034 LNS 56235 b


1 meaning as in the Health Insurance Portability and 
2 Accountability Act of 1996, Public Law 104-191, or any 
3 subsequent amendments thereto, and any regulations 
4 promulgated thereunder. 
5  (u) Records and information provided to an independent 
6 team of experts under the Developmental Disability and 
7 Mental Health Safety Act (also known as Brian's Law). 
8  (v) Names and information of people who have applied 
9 for or received Firearm Owner's Identification Cards under 
10 the Firearm Owners Identification Card Act or applied for 
11 or received a concealed carry license under the Firearm 
12 Concealed Carry Act, unless otherwise authorized by the 
13 Firearm Concealed Carry Act; and databases under the 
14 Firearm Concealed Carry Act, records of the Concealed Carry 
15 Licensing Review Board under the Firearm Concealed Carry 
16 Act, and law enforcement agency objections under the 
17 Firearm Concealed Carry Act. 
18  (w) Personally identifiable information which is 
19 exempted from disclosure under subsection (g) of Section 
20 19.1 of the Toll Highway Act.
21  (x) Information which is exempted from disclosure 
22 under Section 5-1014.3 of the Counties Code or Section 
23 8-11-21 of the Illinois Municipal Code. 
24  (y) Confidential information under the Adult 
25 Protective Services Act and its predecessor enabling 
26 statute, the Elder Abuse and Neglect Act, including 
 
 
HB2495- 47 -LRB101 11034 LNS 56235 b


1 information about the identity and administrative finding 
2 against any caregiver of a verified and substantiated 
3 decision of abuse, neglect, or financial exploitation of an 
4 eligible adult maintained in the Registry established 
5 under Section 7.5 of the Adult Protective Services Act. 
6  (z) Records and information provided to a fatality 
7 review team or the Illinois Fatality Review Team Advisory 
8 Council under Section 15 of the Adult Protective Services 
9 Act. 
10  (aa) Information which is exempted from disclosure 
11 under Section 2.37 of the Wildlife Code. 
12  (bb) Information which is or was prohibited from 
13 disclosure by the Juvenile Court Act of 1987. 
14  (cc) Recordings made under the Law Enforcement 
15 Officer-Worn Body Camera Act, except to the extent 
16 authorized under that Act.
17  (dd) Information that is prohibited from being 
18 disclosed under Section 45 of the Condominium and Common 
19 Interest Community Ombudsperson Act. 
20  (ee) Information that is exempted from disclosure 
21 under Section 30.1 of the Pharmacy Practice Act. 
22  (ff) Information that is exempted from disclosure 
23 under the Revised Uniform Unclaimed Property Act. 
24  (gg) Information that is prohibited from being 
25 disclosed under Section 7-603.5 of the Illinois Vehicle 
26 Code. 
 
 
HB2495- 48 -LRB101 11034 LNS 56235 b


1  (hh) Records that are exempt from disclosure under 
2 Section 1A-16.7 of the Election Code. 
3  (ii) Information which is exempted from disclosure 
4 under Section 2505-800 of the Department of Revenue Law of 
5 the Civil Administrative Code of Illinois. 
6  (jj) Information and reports that are required to be 
7 submitted to the Department of Labor by registering day and 
8 temporary labor service agencies but are exempt from 
9 disclosure under subsection (a-1) of Section 45 of the Day 
10 and Temporary Labor Services Act. 
11  (kk) Information prohibited from disclosure under the 
12 Seizure and Forfeiture Reporting Act. 
13  (ll) Information the disclosure of which is restricted 
14 and exempted under Section 5-30.8 of the Illinois Public 
15 Aid Code. 
16  (mm) (ll) Records that are exempt from disclosure under 
17 Section 4.2 of the Crime Victims Compensation Act. 
18  (nn) (ll) Information that is exempt from disclosure 
19 under Section 70 of the Higher Education Student Assistance 
20 Act. 
21  (oo) Information and records held by the Department of 
22 Public Health and its authorized representatives collected 
23 under the Reproductive Health Act. 
24(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
25eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
2699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
 
 
HB2495- 49 -LRB101 11034 LNS 56235 b


1100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
28-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
3eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
4100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised 
510-12-18.)

6 Section 910-20. The Counties Code is amended by changing 
7Section 3-3013 as follows:



8 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)


9 Sec. 3-3013. Preliminary investigations; blood and urine 
10analysis;
summoning jury; reports.  Every coroner, whenever, as 
11soon as he knows or is
informed that the dead body of any 
12person is found, or lying within his
county, whose death is 
13suspected of being:

14  (a) A sudden or violent death, whether apparently 
15 suicidal,
homicidal or accidental, including but not 
16 limited to deaths apparently
caused or contributed to by 
17 thermal, traumatic, chemical, electrical or
radiational 
18 injury, or a complication of any of them, or by drowning or

19 suffocation, or as a result of domestic violence as defined 
20 in the Illinois
Domestic
Violence Act of 1986;

21  (b) A maternal or fetal death due to abortion, or any 
22 death due to a
sex crime or a crime against nature;

23  (c) A death where the circumstances are suspicious, 
24 obscure,
mysterious or otherwise unexplained or where, in 
 
 
HB2495- 50 -LRB101 11034 LNS 56235 b


1 the written opinion of
the attending physician, the cause 
2 of death is not determined;

3  (d) A death where addiction to alcohol or to any drug 
4 may have been
a contributory cause; or

5  (e) A death where the decedent was not attended by a 
6 licensed
physician;

7shall go to the place where the dead body is, and take charge 
8of the
same and shall make a preliminary investigation into the 
9circumstances
of the death. In the case of death without 
10attendance by a licensed
physician the body may be moved with 
11the coroner's consent from the
place of death to a mortuary in 
12the same county. Coroners in their
discretion shall notify such 
13physician as is designated in accordance
with Section 3-3014 to 
14attempt to ascertain the cause of death, either by
autopsy or 
15otherwise.

16 In cases of accidental death involving a motor vehicle in 
17which the
decedent was (1) the operator or a suspected operator 
18of a motor
vehicle, or (2) a pedestrian 16 years of age or 
19older, the coroner shall
require that a blood specimen of at 
20least 30 cc., and if medically
possible a urine specimen of at 
21least 30 cc. or as much as possible up
to 30 cc., be withdrawn 
22from the body of the decedent in a timely fashion after
the 
23accident causing his death, by such physician as has been 
24designated
in accordance with Section 3-3014, or by the coroner 
25or deputy coroner or
a qualified person designated by such 
26physician, coroner, or deputy coroner. If the county
does not 
 
 
HB2495- 51 -LRB101 11034 LNS 56235 b


1maintain laboratory facilities for making such analysis, the

2blood and urine so drawn shall be sent to the Department of 
3State Police or any other accredited or State-certified 
4laboratory
for analysis of the alcohol, carbon monoxide, and 
5dangerous or
narcotic drug content of such blood and urine 
6specimens. Each specimen
submitted shall be accompanied by 
7pertinent information concerning the
decedent upon a form 
8prescribed by such laboratory. Any
person drawing blood and 
9urine and any person making any examination of
the blood and 
10urine under the terms of this Division shall be immune from all

11liability, civil or criminal, that might otherwise be incurred 
12or
imposed.

13 In all other cases coming within the jurisdiction of the 
14coroner and
referred to in subparagraphs (a) through (e) above, 
15blood, and whenever
possible, urine samples shall be analyzed 
16for the presence of alcohol
and other drugs. When the coroner 
17suspects that drugs may have been
involved in the death, either 
18directly or indirectly, a toxicological
examination shall be 
19performed which may include analyses of blood, urine,
bile, 
20gastric contents and other tissues. When the coroner suspects
a 
21death is due to toxic substances, other than drugs, the coroner 
22shall
consult with the toxicologist prior to collection of 
23samples. Information
submitted to the toxicologist shall 
24include information as to height,
weight, age, sex and race of 
25the decedent as well as medical history,
medications used by 
26and the manner of death of decedent.

 
 
HB2495- 52 -LRB101 11034 LNS 56235 b


1 When the coroner or medical examiner finds that the cause 
2of death is due to homicidal means, the coroner or medical 
3examiner shall cause blood and buccal specimens (tissue may be 
4submitted if no uncontaminated blood or buccal specimen can be 
5obtained), whenever possible, to be withdrawn from the body of 
6the decedent in a timely fashion. For proper preservation of 
7the specimens, collected blood and buccal specimens shall be 
8dried and tissue specimens shall be frozen if available 
9equipment exists. As soon as possible, but no later than 30 
10days after the collection of the specimens, the coroner or 
11medical examiner shall release those specimens to the police 
12agency responsible for investigating the death. As soon as 
13possible, but no later than 30 days after the receipt from the 
14coroner or medical examiner, the police agency shall submit the 
15specimens using the agency case number to a National DNA Index 
16System (NDIS) participating laboratory within this State, such 
17as the Illinois Department of State Police, Division of 
18Forensic Services, for analysis and categorizing into genetic 
19marker groupings. The results of the analysis and categorizing 
20into genetic marker groupings shall be provided to the Illinois 
21Department of State Police and shall be maintained by the 
22Illinois Department of State Police in the State central 
23repository in the same manner, and subject to the same 
24conditions, as provided in Section 5-4-3 of the Unified Code of 
25Corrections. The requirements of this paragraph are in addition 
26to any other findings, specimens, or information that the 
 
 
HB2495- 53 -LRB101 11034 LNS 56235 b


1coroner or medical examiner is required to provide during the 
2conduct of a criminal investigation.

3 In all counties, in cases of apparent
suicide, homicide, or 
4accidental death or in other cases, within the
discretion of 
5the coroner, the coroner may summon 8 persons of lawful age

6from those persons drawn for petit jurors in the county. The 
7summons shall
command these persons to present themselves 
8personally at such a place and
time as the coroner shall 
9determine, and may be in any form which the
coroner shall 
10determine and may incorporate any reasonable form of request

11for acknowledgement which the coroner deems practical and 
12provides a
reliable proof of service. The summons may be served 
13by first class mail.
From the 8 persons so summoned, the 
14coroner shall select 6 to serve as the
jury for the inquest. 
15Inquests may be continued from time
to time, as the coroner may 
16deem necessary. The 6 jurors selected in
a given case may view 
17the body of the deceased.
If at any continuation of an inquest 
18one or more of the original jurors
shall be unable to continue 
19to serve, the coroner shall fill the vacancy or
vacancies. A 
20juror serving pursuant to this paragraph shall receive

21compensation from the county at the same rate as the rate of 
22compensation
that is paid to petit or grand jurors in the 
23county. The coroner shall
furnish to each juror without fee at 
24the time of his discharge a
certificate of the number of days 
25in attendance at an inquest, and, upon
being presented with 
26such certificate, the county treasurer shall pay to
the juror 
 
 
HB2495- 54 -LRB101 11034 LNS 56235 b


1the sum provided for his services.

2 In counties which have a jury commission, in cases of 
3apparent suicide or
homicide or of accidental death, the 
4coroner may conduct an inquest. The jury commission shall 
5provide
at least 8 jurors to the coroner, from whom the coroner 
6shall select any 6
to serve as the jury for the inquest. 
7Inquests may be continued from time
to time as the coroner may 
8deem necessary. The 6 jurors originally chosen
in a given case 
9may view the body of the deceased. If at any continuation
of an 
10inquest one or more of the 6 jurors originally chosen shall be 
11unable
to continue to serve, the coroner shall fill the vacancy 
12or vacancies. At
the coroner's discretion, additional jurors to 
13fill such vacancies shall be
supplied by the jury commission. A 
14juror serving pursuant to this
paragraph in such county shall 
15receive compensation from the county at the
same rate as the 
16rate of compensation that is paid to petit or grand jurors
in 
17the county.

18 In every case in which a fire is determined to be
a

19contributing factor in a death, the coroner shall report the 
20death to the
Office of the State Fire Marshal. The coroner 
21shall provide a copy of the death certificate (i) within 30 
22days after filing the permanent death certificate and (ii) in a 
23manner that is agreed upon by the coroner and the State Fire 
24Marshal. 
25 In every case in which a drug overdose is determined to be 
26the cause or a contributing factor in the death, the coroner or 
 
 
HB2495- 55 -LRB101 11034 LNS 56235 b


1medical examiner shall report the death to the Department of 
2Public Health. The Department of Public Health shall adopt 
3rules regarding specific information that must be reported in 
4the event of such a death. If possible, the coroner shall 
5report the cause of the overdose. As used in this Section, 
6"overdose" has the same meaning as it does in Section 414 of 
7the Illinois Controlled Substances Act. The Department of 
8Public Health shall issue a semiannual report to the General 
9Assembly summarizing the reports received. The Department 
10shall also provide on its website a monthly report of overdose 
11death figures organized by location, age, and any other 
12factors, the Department deems appropriate. 
13 In addition, in every case in which domestic violence is 
14determined to be
a
contributing factor in a death, the coroner 
15shall report the death to the
Department of State Police.

16 All deaths in State institutions and all deaths of wards of 
17the State or youth in care as defined in Section 4d of the 
18Children and Family Services Act in
private care facilities or 
19in programs funded by the Department of Human
Services under 
20its powers relating to mental health and developmental

21disabilities or alcoholism and substance
abuse or funded by the 
22Department of Children and Family Services shall
be reported to 
23the coroner of the county in which the facility is
located. If 
24the coroner has reason to believe that an investigation is

25needed to determine whether the death was caused by 
26maltreatment or
negligent care of the ward of the State or 
 
 
HB2495- 56 -LRB101 11034 LNS 56235 b


1youth in care as defined in Section 4d of the Children and 
2Family Services Act, the coroner may conduct a
preliminary 
3investigation of the circumstances of such death as in cases of

4death under circumstances set forth in paragraphs (a) through 
5(e) of this
Section.

6(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, 
7eff. 7-28-16; 100-159, eff. 8-18-17.)


8 Section 910-25. The Ambulatory Surgical Treatment Center 
9Act is amended by changing Section 2, and 3 as follows:




10 (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)



11 Sec. 2. 
It is declared to be the public policy that the 
12State has a legitimate
interest in assuring that all medical 
13procedures, including abortions, are
performed under 
14circumstances that insure maximum safety. Therefore, the

15purpose of this Act is to provide for the better protection of 
16the public
health through the development, establishment, and 
17enforcement of standards
(1) for the care of individuals in 
18ambulatory surgical treatment centers,
and (2) for the 
19construction, maintenance and operation of ambulatory
surgical 
20treatment centers, which, in light of advancing knowledge, will

21promote safe and adequate treatment of such individuals in 
22ambulatory
surgical treatment centers.

23(Source: P.A. 78-227.)




 
 
HB2495- 57 -LRB101 11034 LNS 56235 b


1 (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)



2 Sec. 3. 
As used in this Act, unless the context otherwise 
3requires, the
following words and phrases shall have the 
4meanings ascribed to them:

5 (A) "Ambulatory surgical treatment center" means any 
6institution, place
or building devoted primarily to the 
7maintenance and operation of
facilities for the performance of 
8surgical procedures. "Ambulatory surgical treatment center" 
9includes any place that meets and complies with the definition 
10of an ambulatory surgical treatment center under the rules 
11adopted by the Department or any facility in
which a medical or 
12surgical procedure is utilized to terminate a pregnancy,

13irrespective of whether the facility is devoted primarily to 
14this purpose.
Such facility shall not provide beds or other 
15accommodations for the
overnight stay of patients; however, 
16facilities devoted exclusively to the
treatment of children may 
17provide accommodations and beds for their patients
for up to 23 
18hours following admission. Individual patients shall be

19discharged in an ambulatory condition without danger to the 
20continued well
being of the patients or shall be transferred to 
21a hospital.

22 The term "ambulatory surgical treatment center" does not 
23include any of the
following:

24  (1) Any institution, place, building or agency 
25 required to be licensed
pursuant to the "Hospital Licensing 
26 Act", approved July 1, 1953, as amended.

 
 
HB2495- 58 -LRB101 11034 LNS 56235 b


1  (2) Any person or institution required to be licensed 
2 pursuant to the
Nursing Home Care Act, the Specialized 
3 Mental Health Rehabilitation Act of 2013, the ID/DD 
4 Community Care Act, or the MC/DD Act.

5  (3) Hospitals or ambulatory surgical treatment centers 
6 maintained by the
State or any department or agency 
7 thereof, where such department or agency
has authority 
8 under law to establish and enforce standards for the

9 hospitals or ambulatory surgical treatment centers under 
10 its management and
control.

11  (4) Hospitals or ambulatory surgical treatment centers 
12 maintained by the
Federal Government or agencies thereof.

13  (5) Any place, agency, clinic, or practice, public or 
14 private, whether
organized for profit or not, devoted 
15 exclusively to the performance of
dental or oral surgical 
16 procedures.

17  (6) Any facility in which the performance of abortion 
18 procedures, including procedures to terminate a pregnancy 
19 or to manage pregnancy loss, is limited to those performed 
20 without general, epidural, or spinal anesthesia, and which 
21 is not otherwise required to be an ambulatory surgical 
22 treatment center. For purposes of this paragraph, 
23 "general, epidural, or spinal anesthesia" does not include 
24 local anesthesia or intravenous sedation. Nothing in this 
25 paragraph shall be construed to limit any such facility 
26 from voluntarily electing to apply for licensure as an 
 
 
HB2495- 59 -LRB101 11034 LNS 56235 b


1 ambulatory surgical treatment center. 
2 (B) "Person" means any individual, firm, partnership, 
3corporation,
company, association, or joint stock association, 
4or the legal successor
thereof.

5 (C) "Department" means the Department of Public Health of 
6the State of
Illinois.

7 (D) "Director" means the Director of the Department of 
8Public Health of
the State of Illinois.

9 (E) "Physician" means a person licensed to practice 
10medicine in all of
its branches in the State of Illinois.

11 (F) "Dentist" means a person licensed to practice dentistry 
12under the
Illinois Dental Practice Act. 

13 (G) "Podiatric physician" means a person licensed to 
14practice podiatry under
the Podiatric Medical Practice Act of 
151987.

16(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15; 
1799-180, eff. 7-29-15.)



18 Section 910-30. The Illinois Insurance Code is amended by 
19changing Section 356z.4 and adding 356z.4a as follows:



20 (215 ILCS 5/356z.4)



21 Sec. 356z.4. Coverage for contraceptives. 
22 (a)(1) The General Assembly hereby finds and declares all 
23of the following:
24  (A) Illinois has a long history of expanding timely 
 
 
HB2495- 60 -LRB101 11034 LNS 56235 b


1 access to birth control to prevent unintended pregnancy.
2  (B) The federal Patient Protection and Affordable Care 
3 Act includes a contraceptive coverage guarantee as part of 
4 a broader requirement for health insurance to cover key 
5 preventive care services without out-of-pocket costs for 
6 patients.
7  (C) The General Assembly intends to build on existing 
8 State and federal law to promote gender equity and women's 
9 health and to ensure greater contraceptive coverage equity 
10 and timely access to all federal Food and Drug 
11 Administration approved methods of birth control for all 
12 individuals covered by an individual or group health 
13 insurance policy in Illinois.
14  (D) Medical management techniques such as denials, 
15 step therapy, or prior authorization in public and private 
16 health care coverage can impede access to the most 
17 effective contraceptive methods.
18 (2) As used in this subsection (a):
19 "Contraceptive services" includes consultations, 
20examinations, procedures, and medical services related to the 
21use of contraceptive methods (including natural family 
22planning) to prevent an unintended pregnancy.
23 "Medical necessity", for the purposes of this subsection 
24(a), includes, but is not limited to, considerations such as 
25severity of side effects, differences in permanence and 
26reversibility of contraceptive, and ability to adhere to the 
 
 
HB2495- 61 -LRB101 11034 LNS 56235 b


1appropriate use of the item or service, as determined by the 
2attending provider.
3 "Therapeutic equivalent version" means drugs, devices, or 
4products that can be expected to have the same clinical effect 
5and safety profile when administered to patients under the 
6conditions specified in the labeling and satisfy the following 
7general criteria:
8  (i) they are approved as safe and effective;
9  (ii) they are pharmaceutical equivalents in that they 
10 (A) contain identical amounts of the same active drug 
11 ingredient in the same dosage form and route of 
12 administration and (B) meet compendial or other applicable 
13 standards of strength, quality, purity, and identity;
14  (iii) they are bioequivalent in that (A) they do not 
15 present a known or potential bioequivalence problem and 
16 they meet an acceptable in vitro standard or (B) if they do 
17 present such a known or potential problem, they are shown 
18 to meet an appropriate bioequivalence standard;
19  (iv) they are adequately labeled; and
20  (v) they are manufactured in compliance with Current 
21 Good Manufacturing Practice regulations.
22 (3) An individual or group policy of accident and health 
23insurance amended,
delivered, issued, or renewed in this State 
24after the effective date of this amendatory Act of the 99th 
25General Assembly shall provide coverage for all of the 
26following services and contraceptive methods:
 
 
HB2495- 62 -LRB101 11034 LNS 56235 b


1  (A) All contraceptive drugs, devices, and other 
2 products approved by the United States Food and Drug 
3 Administration. This includes all over-the-counter 
4 contraceptive drugs, devices, and products approved by the 
5 United States Food and Drug Administration, excluding male 
6 condoms. The following apply:
7   (i) If the United States Food and Drug 
8 Administration has approved one or more therapeutic 
9 equivalent versions of a contraceptive drug, device, 
10 or product, a policy is not required to include all 
11 such therapeutic equivalent versions in its formulary, 
12 so long as at least one is included and covered without 
13 cost-sharing and in accordance with this Section.
14   (ii) If an individual's attending provider 
15 recommends a particular service or item approved by the 
16 United States Food and Drug Administration based on a 
17 determination of medical necessity with respect to 
18 that individual, the plan or issuer must cover that 
19 service or item without cost sharing. The plan or 
20 issuer must defer to the determination of the attending 
21 provider.
22   (iii) If a drug, device, or product is not covered, 
23 plans and issuers must have an easily accessible, 
24 transparent, and sufficiently expedient process that 
25 is not unduly burdensome on the individual or a 
26 provider or other individual acting as a patient's 
 
 
HB2495- 63 -LRB101 11034 LNS 56235 b


1 authorized representative to ensure coverage without 
2 cost sharing.
3   (iv) This coverage must provide for the dispensing 
4 of 12 months' worth of contraception at one time.
5  (B) Voluntary sterilization procedures.
6  (C) Contraceptive services, patient education, and 
7 counseling on contraception.
8  (D) Follow-up services related to the drugs, devices, 
9 products, and procedures covered under this Section, 
10 including, but not limited to, management of side effects, 
11 counseling for continued adherence, and device insertion 
12 and removal.
13 (4) Except as otherwise provided in this subsection (a), a 
14policy subject to this subsection (a) shall not impose a 
15deductible, coinsurance, copayment, or any other cost-sharing 
16requirement on the coverage provided. The provisions of this 
17paragraph do not apply to coverage of voluntary male 
18sterilization procedures to the extent such coverage would 
19disqualify a high-deductible health plan from eligibility for a 
20health savings account pursuant to the federal Internal Revenue 
21Code, 26 U.S.C. 223. 
22 (5) Except as otherwise authorized under this subsection 
23(a), a policy shall not impose any restrictions or delays on 
24the coverage required under this subsection (a).
25 (6) If, at any time, the Secretary of the United States 
26Department of Health and Human Services, or its successor 
 
 
HB2495- 64 -LRB101 11034 LNS 56235 b


1agency, promulgates rules or regulations to be published in the 
2Federal Register or publishes a comment in the Federal Register 
3or issues an opinion, guidance, or other action that would 
4require the State, pursuant to any provision of the Patient 
5Protection and Affordable Care Act (Public Law 111-148), 
6including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any 
7successor provision, to defray the cost of any coverage 
8outlined in this subsection (a), then this subsection (a) is 
9inoperative with respect to all coverage outlined in this 
10subsection (a) other than that authorized under Section 1902 of 
11the Social Security Act, 42 U.S.C. 1396a, and the State shall 
12not assume any obligation for the cost of the coverage set 
13forth in this subsection (a).
14 (b) This subsection (b) shall become operative if and only 
15if subsection (a) becomes inoperative. 
16 An individual or group policy of accident and health 
17insurance amended,
delivered, issued, or renewed in this State 
18after the date this subsection (b) becomes operative that 
19provides coverage for
outpatient services and outpatient 
20prescription drugs or devices must provide
coverage for the 
21insured and any
dependent of the
insured covered by the policy 
22for all outpatient contraceptive services and
all outpatient 
23contraceptive drugs and devices approved by the Food and
Drug 
24Administration. Coverage required under this Section may not 
25impose any
deductible, coinsurance, waiting period, or other 
26cost-sharing or limitation
that is greater than that required 
 
 
HB2495- 65 -LRB101 11034 LNS 56235 b


1for any outpatient service or outpatient
prescription drug or 
2device otherwise covered by the policy.

3 Nothing in this subsection (b) shall be construed to 
4require an insurance
company to cover services related to 
5permanent sterilization that requires a
surgical procedure. 
6 As used in this subsection (b), "outpatient contraceptive 
7service" means
consultations, examinations, procedures, and 
8medical services, provided on an
outpatient basis and related 
9to the use of contraceptive methods (including
natural family 
10planning) to prevent an unintended pregnancy.

11 (c) (Blank). Nothing in this Section shall be construed to 
12require an insurance
company to cover services related to an 
13abortion as the term "abortion" is
defined in the Illinois 
14Abortion Law of 1975.

15 (d) If a plan or issuer utilizes a network of providers, 
16nothing in this Section shall be construed to require coverage 
17or to prohibit the plan or issuer from imposing cost-sharing 
18for items or services described in this Section that are 
19provided or delivered by an out-of-network provider, unless the 
20plan or issuer does not have in its network a provider who is 
21able to or is willing to provide the applicable items or 
22services. 

23(Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19.)


24 (215 ILCS 5/356z.4a new)
25 Sec. 356z.4a. Coverage for abortion.
 
 
HB2495- 66 -LRB101 11034 LNS 56235 b


1 (a) Except as otherwise provided in this Section, no 
2individual or group policy of accident and health insurance 
3that provides pregnancy related benefits may be issued, 
4amended, delivered, or renewed in this State after the 
5effective date of this amendatory Act of the 101st General 
6Assembly unless the policy provides a covered person with 
7coverage for abortion care. 
8 (b) Except as otherwise provided in this Section, a policy 
9subject to this Section shall not impose a deductible, 
10coinsurance, copayment, or any other cost-sharing requirement 
11on the coverage provided. 
12 (c) Except as otherwise authorized under this Section, a 
13policy shall not impose any restrictions or delays on the 
14coverage required under this Section. 
15 (d) This Section does not, pursuant to 42 U.S.C. Sec. 
1618054(a)(6), apply to a multistate plan that does not provide 
17coverage for abortion. 
18 (e) If the Department concludes that enforcement of this 
19Section may adversely affect the allocation of federal funds to 
20this State, the Department may grant an exemption to the 
21requirements, but only to the minimum extent necessary to 
22ensure the continued receipt of federal funds. 

23 Section 910-35. The Health Maintenance Organization Act is 
24amended by changing Section 5-3 as follows:



 
 
HB2495- 67 -LRB101 11034 LNS 56235 b


1 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)


2 Sec. 5-3. Insurance Code provisions. 

3 (a) Health Maintenance Organizations
shall be subject to 
4the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

5141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 
6154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, 355.3, 
7355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y,
356z.2, 356z.4, 
8356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 
9356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 
10356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 
11364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 
12368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, 408.2, 
13409, 412, 444,
and
444.1,
paragraph (c) of subsection (2) of 
14Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, XIII, 
15XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.

16 (b) For purposes of the Illinois Insurance Code, except for 
17Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health 
18Maintenance Organizations in
the following categories are 
19deemed to be "domestic companies":

20  (1) a corporation authorized under the
Dental Service 
21 Plan Act or the Voluntary Health Services Plans Act;

22  (2) a corporation organized under the laws of this 
23 State; or

24  (3) a corporation organized under the laws of another 
25 state, 30% or more
of the enrollees of which are residents 
26 of this State, except a
corporation subject to 
 
 
HB2495- 68 -LRB101 11034 LNS 56235 b


1 substantially the same requirements in its state of

2 organization as is a "domestic company" under Article VIII 
3 1/2 of the
Illinois Insurance Code.

4 (c) In considering the merger, consolidation, or other 
5acquisition of
control of a Health Maintenance Organization 
6pursuant to Article VIII 1/2
of the Illinois Insurance Code,

7  (1) the Director shall give primary consideration to 
8 the continuation of
benefits to enrollees and the financial 
9 conditions of the acquired Health
Maintenance Organization 
10 after the merger, consolidation, or other
acquisition of 
11 control takes effect;

12  (2)(i) the criteria specified in subsection (1)(b) of 
13 Section 131.8 of
the Illinois Insurance Code shall not 
14 apply and (ii) the Director, in making
his determination 
15 with respect to the merger, consolidation, or other

16 acquisition of control, need not take into account the 
17 effect on
competition of the merger, consolidation, or 
18 other acquisition of control;

19  (3) the Director shall have the power to require the 
20 following
information:

21   (A) certification by an independent actuary of the 
22 adequacy
of the reserves of the Health Maintenance 
23 Organization sought to be acquired;

24   (B) pro forma financial statements reflecting the 
25 combined balance
sheets of the acquiring company and 
26 the Health Maintenance Organization sought
to be 
 
 
HB2495- 69 -LRB101 11034 LNS 56235 b


1 acquired as of the end of the preceding year and as of 
2 a date 90 days
prior to the acquisition, as well as pro 
3 forma financial statements
reflecting projected 
4 combined operation for a period of 2 years;

5   (C) a pro forma business plan detailing an 
6 acquiring party's plans with
respect to the operation 
7 of the Health Maintenance Organization sought to
be 
8 acquired for a period of not less than 3 years; and

9   (D) such other information as the Director shall 
10 require.

11 (d) The provisions of Article VIII 1/2 of the Illinois 
12Insurance Code
and this Section 5-3 shall apply to the sale by 
13any health maintenance
organization of greater than 10% of its

14enrollee population (including without limitation the health 
15maintenance
organization's right, title, and interest in and to 
16its health care
certificates).

17 (e) In considering any management contract or service 
18agreement subject
to Section 141.1 of the Illinois Insurance 
19Code, the Director (i) shall, in
addition to the criteria 
20specified in Section 141.2 of the Illinois
Insurance Code, take 
21into account the effect of the management contract or
service 
22agreement on the continuation of benefits to enrollees and the

23financial condition of the health maintenance organization to 
24be managed or
serviced, and (ii) need not take into account the 
25effect of the management
contract or service agreement on 
26competition.

 
 
HB2495- 70 -LRB101 11034 LNS 56235 b


1 (f) Except for small employer groups as defined in the 
2Small Employer
Rating, Renewability and Portability Health 
3Insurance Act and except for
medicare supplement policies as 
4defined in Section 363 of the Illinois
Insurance Code, a Health 
5Maintenance Organization may by contract agree with a
group or 
6other enrollment unit to effect refunds or charge additional 
7premiums
under the following terms and conditions:

8  (i) the amount of, and other terms and conditions with 
9 respect to, the
refund or additional premium are set forth 
10 in the group or enrollment unit
contract agreed in advance 
11 of the period for which a refund is to be paid or

12 additional premium is to be charged (which period shall not 
13 be less than one
year); and

14  (ii) the amount of the refund or additional premium 
15 shall not exceed 20%
of the Health Maintenance 
16 Organization's profitable or unprofitable experience
with 
17 respect to the group or other enrollment unit for the 
18 period (and, for
purposes of a refund or additional 
19 premium, the profitable or unprofitable
experience shall 
20 be calculated taking into account a pro rata share of the

21 Health Maintenance Organization's administrative and 
22 marketing expenses, but
shall not include any refund to be 
23 made or additional premium to be paid
pursuant to this 
24 subsection (f)). The Health Maintenance Organization and 
25 the
group or enrollment unit may agree that the profitable 
26 or unprofitable
experience may be calculated taking into 
 
 
HB2495- 71 -LRB101 11034 LNS 56235 b


1 account the refund period and the
immediately preceding 2 
2 plan years.

3 The Health Maintenance Organization shall include a 
4statement in the
evidence of coverage issued to each enrollee 
5describing the possibility of a
refund or additional premium, 
6and upon request of any group or enrollment unit,
provide to 
7the group or enrollment unit a description of the method used 
8to
calculate (1) the Health Maintenance Organization's 
9profitable experience with
respect to the group or enrollment 
10unit and the resulting refund to the group
or enrollment unit 
11or (2) the Health Maintenance Organization's unprofitable

12experience with respect to the group or enrollment unit and the 
13resulting
additional premium to be paid by the group or 
14enrollment unit.

15 In no event shall the Illinois Health Maintenance 
16Organization
Guaranty Association be liable to pay any 
17contractual obligation of an
insolvent organization to pay any 
18refund authorized under this Section.

19 (g) Rulemaking authority to implement Public Act 95-1045, 
20if any, is conditioned on the rules being adopted in accordance 
21with all provisions of the Illinois Administrative Procedure 
22Act and all rules and procedures of the Joint Committee on 
23Administrative Rules; any purported rule not so adopted, for 
24whatever reason, is unauthorized. 
25(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17; 
26100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff. 
 
 
HB2495- 72 -LRB101 11034 LNS 56235 b


18-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised 
210-4-18.)

3 Section 910-40. The Voluntary Health Services Plans Act is 
4amended by changing Section 10 as follows:



5 (215 ILCS 165/10) (from Ch. 32, par. 604)

6 Sec. 10. Application of Insurance Code provisions. Health 
7services
plan corporations and all persons interested therein 
8or dealing therewith
shall be subject to the provisions of 
9Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, 
10143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g, 
11356g.5, 356g.5-1, 356r, 356t, 356u, 356v,
356w, 356x, 356y, 
12356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 
13356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 
14356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 
15356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1,
402,
403, 
16403A, 408,
408.2, and 412, and paragraphs (7) and (15) of 
17Section 367 of the Illinois
Insurance Code.

18 Rulemaking authority to implement Public Act 95-1045, if 
19any, is conditioned on the rules being adopted in accordance 
20with all provisions of the Illinois Administrative Procedure 
21Act and all rules and procedures of the Joint Committee on 
22Administrative Rules; any purported rule not so adopted, for 
23whatever reason, is unauthorized. 
24(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; 
 
 
HB2495- 73 -LRB101 11034 LNS 56235 b


1100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff. 
21-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)

3 Section 910-45. The Medical Practice Act of 1987 is amended 
4by changing Section 22 and 36 as follows:



5 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)


6 (Section scheduled to be repealed on December 31, 2019)

7 Sec. 22. Disciplinary action. 

8 (A) The Department may revoke, suspend, place on probation, 
9reprimand, refuse to issue or renew, or take any other 
10disciplinary or non-disciplinary action as the Department may 
11deem proper
with regard to the license or permit of any person 
12issued
under this Act, including imposing fines not to exceed 
13$10,000 for each violation, upon any of the following grounds:

14  (1) (Blank). Performance of an elective abortion in any 
15 place, locale,
facility, or
institution other than:

16   (a) a facility licensed pursuant to the Ambulatory 
17 Surgical Treatment
Center Act;

18   (b) an institution licensed under the Hospital 
19 Licensing Act;

20   (c) an ambulatory surgical treatment center or 
21 hospitalization or care
facility maintained by the 
22 State or any agency thereof, where such department
or 
23 agency has authority under law to establish and enforce 
24 standards for the
ambulatory surgical treatment 
 
 
HB2495- 74 -LRB101 11034 LNS 56235 b


1 centers, hospitalization, or care facilities
under its 
2 management and control;

3   (d) ambulatory surgical treatment centers, 
4 hospitalization or care
facilities maintained by the 
5 Federal Government; or

6   (e) ambulatory surgical treatment centers, 
7 hospitalization or care
facilities maintained by any 
8 university or college established under the laws
of 
9 this State and supported principally by public funds 
10 raised by
taxation.

11  (2) (Blank). Performance of an abortion procedure in a 
12 willful and wanton
manner on a
woman who was not pregnant 
13 at the time the abortion procedure was
performed.

14  (3) A plea of guilty or nolo contendere, finding of 
15 guilt, jury verdict, or entry of judgment or sentencing, 
16 including, but not limited to, convictions, preceding 
17 sentences of supervision, conditional discharge, or first 
18 offender probation, under the laws of any jurisdiction of 
19 the United States of any crime that is a felony.

20  (4) Gross negligence in practice under this Act.

21  (5) Engaging in dishonorable, unethical or 
22 unprofessional
conduct of a
character likely to deceive, 
23 defraud or harm the public.

24  (6) Obtaining any fee by fraud, deceit, or

25 misrepresentation.

26  (7) Habitual or excessive use or abuse of drugs defined 
 
 
HB2495- 75 -LRB101 11034 LNS 56235 b


1 in law
as
controlled substances, of alcohol, or of any 
2 other substances which results in
the inability to practice 
3 with reasonable judgment, skill or safety.

4  (8) Practicing under a false or, except as provided by 
5 law, an
assumed
name.

6  (9) Fraud or misrepresentation in applying for, or 
7 procuring, a
license
under this Act or in connection with 
8 applying for renewal of a license under
this Act.

9  (10) Making a false or misleading statement regarding 
10 their
skill or the
efficacy or value of the medicine, 
11 treatment, or remedy prescribed by them at
their direction 
12 in the treatment of any disease or other condition of the 
13 body
or mind.

14  (11) Allowing another person or organization to use 
15 their
license, procured
under this Act, to practice.

16  (12) Adverse action taken by another state or 
17 jurisdiction
against a license
or other authorization to 
18 practice as a medical doctor, doctor of osteopathy,
doctor 
19 of osteopathic medicine or
doctor of chiropractic, a 
20 certified copy of the record of the action taken by
the 
21 other state or jurisdiction being prima facie evidence 
22 thereof. This includes any adverse action taken by a State 
23 or federal agency that prohibits a medical doctor, doctor 
24 of osteopathy, doctor of osteopathic medicine, or doctor of 
25 chiropractic from providing services to the agency's 
26 participants. 

 
 
HB2495- 76 -LRB101 11034 LNS 56235 b


1  (13) Violation of any provision of this Act or of the 
2 Medical
Practice Act
prior to the repeal of that Act, or 
3 violation of the rules, or a final
administrative action of 
4 the Secretary, after consideration of the
recommendation 
5 of the Disciplinary Board.

6  (14) Violation of the prohibition against fee 
7 splitting in Section 22.2 of this Act.

8  (15) A finding by the Disciplinary Board that the

9 registrant after
having his or her license placed on 
10 probationary status or subjected to
conditions or 
11 restrictions violated the terms of the probation or failed 
12 to
comply with such terms or conditions.

13  (16) Abandonment of a patient.

14  (17) Prescribing, selling, administering, 
15 distributing, giving
or
self-administering any drug 
16 classified as a controlled substance (designated
product) 
17 or narcotic for other than medically accepted therapeutic

18 purposes.

19  (18) Promotion of the sale of drugs, devices, 
20 appliances or
goods provided
for a patient in such manner 
21 as to exploit the patient for financial gain of
the 
22 physician.

23  (19) Offering, undertaking or agreeing to cure or treat

24 disease by a secret
method, procedure, treatment or 
25 medicine, or the treating, operating or
prescribing for any 
26 human condition by a method, means or procedure which the

 
 
HB2495- 77 -LRB101 11034 LNS 56235 b


1 licensee refuses to divulge upon demand of the Department.

2  (20) Immoral conduct in the commission of any act 
3 including,
but not limited to, commission of an act of 
4 sexual misconduct related to the
licensee's
practice.

5  (21) Willfully making or filing false records or 
6 reports in his
or her
practice as a physician, including, 
7 but not limited to, false records to
support claims against 
8 the medical assistance program of the Department of 
9 Healthcare and Family Services (formerly Department of

10 Public Aid)
under the Illinois Public Aid Code.

11  (22) Willful omission to file or record, or willfully 
12 impeding
the filing or
recording, or inducing another 
13 person to omit to file or record, medical
reports as 
14 required by law, or willfully failing to report an instance 
15 of
suspected abuse or neglect as required by law.

16  (23) Being named as a perpetrator in an indicated 
17 report by
the Department
of Children and Family Services 
18 under the Abused and Neglected Child Reporting
Act, and 
19 upon proof by clear and convincing evidence that the 
20 licensee has
caused a child to be an abused child or 
21 neglected child as defined in the
Abused and Neglected 
22 Child Reporting Act.

23  (24) Solicitation of professional patronage by any

24 corporation, agents or
persons, or profiting from those 
25 representing themselves to be agents of the
licensee.

26  (25) Gross and willful and continued overcharging for

 
 
HB2495- 78 -LRB101 11034 LNS 56235 b


1 professional services,
including filing false statements 
2 for collection of fees for which services are
not rendered, 
3 including, but not limited to, filing such false statements 
4 for
collection of monies for services not rendered from the 
5 medical assistance
program of the Department of Healthcare 
6 and Family Services (formerly Department of Public Aid)

7 under the Illinois Public Aid
Code.

8  (26) A pattern of practice or other behavior which

9 demonstrates
incapacity
or incompetence to practice under 
10 this Act.

11  (27) Mental illness or disability which results in the

12 inability to
practice under this Act with reasonable 
13 judgment, skill or safety.

14  (28) Physical illness, including, but not limited to,

15 deterioration through
the aging process, or loss of motor 
16 skill which results in a physician's
inability to practice 
17 under this Act with reasonable judgment, skill or
safety.

18  (29) Cheating on or attempt to subvert the licensing

19 examinations
administered under this Act.

20  (30) Willfully or negligently violating the 
21 confidentiality
between
physician and patient except as 
22 required by law.

23  (31) The use of any false, fraudulent, or deceptive 
24 statement
in any
document connected with practice under 
25 this Act.

26  (32) Aiding and abetting an individual not licensed 
 
 
HB2495- 79 -LRB101 11034 LNS 56235 b


1 under this
Act in the
practice of a profession licensed 
2 under this Act.

3  (33) Violating state or federal laws or regulations 
4 relating
to controlled
substances, legend
drugs, or 
5 ephedra as defined in the Ephedra Prohibition Act.

6  (34) Failure to report to the Department any adverse 
7 final
action taken
against them by another licensing 
8 jurisdiction (any other state or any
territory of the 
9 United States or any foreign state or country), by any peer

10 review body, by any health care institution, by any 
11 professional society or
association related to practice 
12 under this Act, by any governmental agency, by
any law 
13 enforcement agency, or by any court for acts or conduct 
14 similar to acts
or conduct which would constitute grounds 
15 for action as defined in this
Section.

16  (35) Failure to report to the Department surrender of a

17 license or
authorization to practice as a medical doctor, a 
18 doctor of osteopathy, a
doctor of osteopathic medicine, or 
19 doctor
of chiropractic in another state or jurisdiction, or 
20 surrender of membership on
any medical staff or in any 
21 medical or professional association or society,
while 
22 under disciplinary investigation by any of those 
23 authorities or bodies,
for acts or conduct similar to acts 
24 or conduct which would constitute grounds
for action as 
25 defined in this Section.

26  (36) Failure to report to the Department any adverse 
 
 
HB2495- 80 -LRB101 11034 LNS 56235 b


1 judgment,
settlement,
or award arising from a liability 
2 claim related to acts or conduct similar to
acts or conduct 
3 which would constitute grounds for action as defined in 
4 this
Section.

5  (37) Failure to provide copies of medical records as 
6 required
by law.

7  (38) Failure to furnish the Department, its 
8 investigators or
representatives, relevant information, 
9 legally requested by the Department
after consultation 
10 with the Chief Medical Coordinator or the Deputy Medical

11 Coordinator.

12  (39) Violating the Health Care Worker Self-Referral

13 Act.

14  (40) Willful failure to provide notice when notice is 
15 required
under the
Parental Notice of Abortion Act of 1995.

16  (41) Failure to establish and maintain records of 
17 patient care and
treatment as required by this law.

18  (42) Entering into an excessive number of written 
19 collaborative
agreements with licensed advanced practice 
20 registered nurses resulting in an inability to
adequately 
21 collaborate.

22  (43) Repeated failure to adequately collaborate with a 
23 licensed advanced practice registered nurse.
24  (44) Violating the Compassionate Use of Medical 
25 Cannabis Pilot Program Act. 

26  (45) Entering into an excessive number of written 
 
 
HB2495- 81 -LRB101 11034 LNS 56235 b


1 collaborative agreements with licensed prescribing 
2 psychologists resulting in an inability to adequately 
3 collaborate.
4  (46) Repeated failure to adequately collaborate with a 
5 licensed prescribing psychologist. 
6  (47) Willfully failing to report an instance of 
7 suspected abuse, neglect, financial exploitation, or 
8 self-neglect of an eligible adult as defined in and 
9 required by the Adult Protective Services Act.
10  (48) Being named as an abuser in a verified report by 
11 the Department on Aging under the Adult Protective Services 
12 Act, and upon proof by clear and convincing evidence that 
13 the licensee abused, neglected, or financially exploited 
14 an eligible adult as defined in the Adult Protective 
15 Services Act. 
16  (49) Entering into an excessive number of written 
17 collaborative agreements with licensed physician 
18 assistants resulting in an inability to adequately 
19 collaborate.
20  (50) Repeated failure to adequately collaborate with a 
21 physician assistant. 
22 Except
for actions involving the ground numbered (26), all 
23proceedings to suspend,
revoke, place on probationary status, 
24or take any
other disciplinary action as the Department may 
25deem proper, with regard to a
license on any of the foregoing 
26grounds, must be commenced within 5 years next
after receipt by 
 
 
HB2495- 82 -LRB101 11034 LNS 56235 b


1the Department of a complaint alleging the commission of or

2notice of the conviction order for any of the acts described 
3herein. Except
for the grounds numbered (8), (9), (26), and 
4(29), no action shall be commenced more
than 10 years after the 
5date of the incident or act alleged to have violated
this 
6Section. For actions involving the ground numbered (26), a 
7pattern of practice or other behavior includes all incidents 
8alleged to be part of the pattern of practice or other behavior 
9that occurred, or a report pursuant to Section 23 of this Act 
10received, within the 10-year period preceding the filing of the 
11complaint. In the event of the settlement of any claim or cause 
12of action
in favor of the claimant or the reduction to final 
13judgment of any civil action
in favor of the plaintiff, such 
14claim, cause of action or civil action being
grounded on the 
15allegation that a person licensed under this Act was negligent

16in providing care, the Department shall have an additional 
17period of 2 years
from the date of notification to the 
18Department under Section 23 of this Act
of such settlement or 
19final judgment in which to investigate and
commence formal 
20disciplinary proceedings under Section 36 of this Act, except

21as otherwise provided by law. The time during which the holder 
22of the license
was outside the State of Illinois shall not be 
23included within any period of
time limiting the commencement of 
24disciplinary action by the Department.

25 The entry of an order or judgment by any circuit court 
26establishing that any
person holding a license under this Act 
 
 
HB2495- 83 -LRB101 11034 LNS 56235 b


1is a person in need of mental treatment
operates as a 
2suspension of that license. That person may resume their

3practice only upon the entry of a Departmental order based upon 
4a finding by
the Disciplinary Board that they have been 
5determined to be recovered
from mental illness by the court and 
6upon the Disciplinary Board's
recommendation that they be 
7permitted to resume their practice.

8 The Department may refuse to issue or take disciplinary 
9action concerning the license of any person
who fails to file a 
10return, or to pay the tax, penalty or interest shown in a
filed 
11return, or to pay any final assessment of tax, penalty or 
12interest, as
required by any tax Act administered by the 
13Illinois Department of Revenue,
until such time as the 
14requirements of any such tax Act are satisfied as
determined by 
15the Illinois Department of Revenue.

16 The Department, upon the recommendation of the 
17Disciplinary Board, shall
adopt rules which set forth standards 
18to be used in determining:

19  (a) when a person will be deemed sufficiently 
20 rehabilitated to warrant the
public trust;

21  (b) what constitutes dishonorable, unethical or 
22 unprofessional conduct of
a character likely to deceive, 
23 defraud, or harm the public;

24  (c) what constitutes immoral conduct in the commission 
25 of any act,
including, but not limited to, commission of an 
26 act of sexual misconduct
related
to the licensee's 
 
 
HB2495- 84 -LRB101 11034 LNS 56235 b


1 practice; and

2  (d) what constitutes gross negligence in the practice 
3 of medicine.

4 However, no such rule shall be admissible into evidence in 
5any civil action
except for review of a licensing or other 
6disciplinary action under this Act.

7 In enforcing this Section, the Disciplinary Board or the 
8Licensing Board,
upon a showing of a possible violation, may 
9compel, in the case of the Disciplinary Board, any individual 
10who is licensed to
practice under this Act or holds a permit to 
11practice under this Act, or, in the case of the Licensing 
12Board, any individual who has applied for licensure or a permit

13pursuant to this Act, to submit to a mental or physical 
14examination and evaluation, or both,
which may include a 
15substance abuse or sexual offender evaluation, as required by 
16the Licensing Board or Disciplinary Board and at the expense of 
17the Department. The Disciplinary Board or Licensing Board shall 
18specifically designate the examining physician licensed to 
19practice medicine in all of its branches or, if applicable, the 
20multidisciplinary team involved in providing the mental or 
21physical examination and evaluation, or both. The 
22multidisciplinary team shall be led by a physician licensed to 
23practice medicine in all of its branches and may consist of one 
24or more or a combination of physicians licensed to practice 
25medicine in all of its branches, licensed chiropractic 
26physicians, licensed clinical psychologists, licensed clinical 
 
 
HB2495- 85 -LRB101 11034 LNS 56235 b


1social workers, licensed clinical professional counselors, and 
2other professional and administrative staff. Any examining 
3physician or member of the multidisciplinary team may require 
4any person ordered to submit to an examination and evaluation 
5pursuant to this Section to submit to any additional 
6supplemental testing deemed necessary to complete any 
7examination or evaluation process, including, but not limited 
8to, blood testing, urinalysis, psychological testing, or 
9neuropsychological testing.
The Disciplinary Board, the 
10Licensing Board, or the Department may order the examining

11physician or any member of the multidisciplinary team to 
12provide to the Department, the Disciplinary Board, or the 
13Licensing Board any and all records, including business 
14records, that relate to the examination and evaluation, 
15including any supplemental testing performed. The Disciplinary 
16Board, the Licensing Board, or the Department may order the 
17examining physician or any member of the multidisciplinary team 
18to present testimony concerning this examination
and 
19evaluation of the licensee, permit holder, or applicant, 
20including testimony concerning any supplemental testing or 
21documents relating to the examination and evaluation. No 
22information, report, record, or other documents in any way 
23related to the examination and evaluation shall be excluded by 
24reason of
any common
law or statutory privilege relating to 
25communication between the licensee, permit holder, or

26applicant and
the examining physician or any member of the 
 
 
HB2495- 86 -LRB101 11034 LNS 56235 b


1multidisciplinary team.
No authorization is necessary from the 
2licensee, permit holder, or applicant ordered to undergo an 
3evaluation and examination for the examining physician or any 
4member of the multidisciplinary team to provide information, 
5reports, records, or other documents or to provide any 
6testimony regarding the examination and evaluation. The 
7individual to be examined may have, at his or her own expense, 
8another
physician of his or her choice present during all 
9aspects of the examination.
Failure of any individual to submit 
10to mental or physical examination and evaluation, or both, when

11directed, shall result in an automatic suspension, without 
12hearing, until such time
as the individual submits to the 
13examination. If the Disciplinary Board or Licensing Board finds 
14a physician unable
to practice following an examination and 
15evaluation because of the reasons set forth in this Section, 
16the Disciplinary
Board or Licensing Board shall require such 
17physician to submit to care, counseling, or treatment
by 
18physicians, or other health care professionals, approved or 
19designated by the Disciplinary Board, as a condition
for 
20issued, continued, reinstated, or renewed licensure to 
21practice. Any physician,
whose license was granted pursuant to 
22Sections 9, 17, or 19 of this Act, or,
continued, reinstated, 
23renewed, disciplined or supervised, subject to such
terms, 
24conditions or restrictions who shall fail to comply with such 
25terms,
conditions or restrictions, or to complete a required 
26program of care,
counseling, or treatment, as determined by the 
 
 
HB2495- 87 -LRB101 11034 LNS 56235 b


1Chief Medical Coordinator or
Deputy Medical Coordinators, 
2shall be referred to the Secretary for a
determination as to 
3whether the licensee shall have their license suspended

4immediately, pending a hearing by the Disciplinary Board. In 
5instances in
which the Secretary immediately suspends a license 
6under this Section, a hearing
upon such person's license must 
7be convened by the Disciplinary Board within 15
days after such 
8suspension and completed without appreciable delay. The

9Disciplinary Board shall have the authority to review the 
10subject physician's
record of treatment and counseling 
11regarding the impairment, to the extent
permitted by applicable 
12federal statutes and regulations safeguarding the

13confidentiality of medical records.

14 An individual licensed under this Act, affected under this 
15Section, shall be
afforded an opportunity to demonstrate to the 
16Disciplinary Board that they can
resume practice in compliance 
17with acceptable and prevailing standards under
the provisions 
18of their license.

19 The Department may promulgate rules for the imposition of 
20fines in
disciplinary cases, not to exceed
$10,000 for each 
21violation of this Act. Fines
may be imposed in conjunction with 
22other forms of disciplinary action, but
shall not be the 
23exclusive disposition of any disciplinary action arising out
of 
24conduct resulting in death or injury to a patient. Any funds 
25collected from
such fines shall be deposited in the Illinois 
26State Medical Disciplinary Fund.

 
 
HB2495- 88 -LRB101 11034 LNS 56235 b


1 All fines imposed under this Section shall be paid within 
260 days after the effective date of the order imposing the fine 
3or in accordance with the terms set forth in the order imposing 
4the fine. 
5 (B) The Department shall revoke the license or
permit 
6issued under this Act to practice medicine or a chiropractic 
7physician who
has been convicted a second time of committing 
8any felony under the
Illinois Controlled Substances Act or the 
9Methamphetamine Control and Community Protection Act, or who 
10has been convicted a second time of
committing a Class 1 felony 
11under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A 
12person whose license or permit is revoked
under
this subsection 
13B shall be prohibited from practicing
medicine or treating 
14human ailments without the use of drugs and without
operative 
15surgery.

16 (C) The Department shall not revoke, suspend, place on 
17probation, reprimand, refuse to issue or renew, or take any 
18other disciplinary or non-disciplinary action against the 
19license or permit issued under this Act to practice medicine to 
20a physician: 
21  (1) based solely upon the recommendation of the 
22 physician to an eligible patient regarding, or 
23 prescription for, or treatment with, an investigational 
24 drug, biological product, or device; or 
25  (2) for experimental treatment for Lyme disease or 
26 other tick-borne diseases, including, but not limited to, 
 
 
HB2495- 89 -LRB101 11034 LNS 56235 b


1 the prescription of or treatment with long-term 
2 antibiotics.
3 (D) The Disciplinary Board shall recommend to the

4Department civil
penalties and any other appropriate 
5discipline in disciplinary cases when the
Board finds that a 
6physician willfully performed an abortion with actual

7knowledge that the person upon whom the abortion has been 
8performed is a minor
or an incompetent person without notice as 
9required under the Parental Notice
of Abortion Act of 1995. 
10Upon the Board's recommendation, the Department shall
impose, 
11for the first violation, a civil penalty of $1,000 and for a 
12second or
subsequent violation, a civil penalty of $5,000.

13(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17; 
14100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff. 
151-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised 
1612-19-18.)





17 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)

18 (Section scheduled to be repealed on December 31, 2019)

19 Sec. 36. Investigation; notice. 
20 (a) Upon the motion of either the Department
or the 
21Disciplinary Board or upon the verified complaint in
writing of 
22any person setting forth facts which, if proven,
would 
23constitute grounds for suspension or revocation under
Section 
2422 of this Act, the Department shall investigate the
actions of 
25any person, so accused, who holds or represents
that they hold 
 
 
HB2495- 90 -LRB101 11034 LNS 56235 b


1a license. Such person is hereinafter called
the accused.

2 (b) The Department shall, before suspending, revoking,

3placing on probationary status, or taking any other

4disciplinary action as the Department may deem proper with

5regard to any license at least 30 days prior to the date set

6for the hearing, notify the accused in writing of any
charges 
7made and the time and place for a hearing of the
charges before 
8the Disciplinary Board, direct them to file
their written 
9answer thereto to the Disciplinary Board under
oath within 20 
10days after the service on them of such notice
and inform them 
11that if they fail to file such answer
default will be taken 
12against them and their license may be
suspended, revoked, 
13placed on probationary status, or have
other disciplinary 
14action, including limiting the scope,
nature or extent of their 
15practice, as the Department may
deem proper taken with regard 
16thereto. The Department shall, at least 14 days prior to the 
17date set for the hearing, notify in writing any person who 
18filed a complaint against the accused of the time and place for 
19the hearing of the charges against the accused before the 
20Disciplinary Board and inform such person whether he or she may 
21provide testimony at the hearing.

22 (c) (Blank). Where a physician has been found, upon 
23complaint and
investigation of the Department, and after 
24hearing, to have
performed an abortion procedure in a wilful 
25and wanton
manner upon a woman who was not pregnant at the time 
26such
abortion procedure was performed, the Department shall

 
 
HB2495- 91 -LRB101 11034 LNS 56235 b


1automatically revoke the license of such physician to
practice 
2medicine in Illinois.

3 (d) Such written notice and any notice in such proceedings

4thereafter may be served by delivery of the same,
personally, 
5to the accused person, or by mailing the same by
registered or 
6certified mail to the accused person's address of record.

7 (e) All information gathered by the Department during its 
8investigation
including information subpoenaed
under Section 
923 or 38 of this Act and the investigative file shall be kept 
10for
the confidential use of the Secretary, Disciplinary Board, 
11the Medical
Coordinators, persons employed by contract to 
12advise the Medical Coordinator or
the Department, the

13Disciplinary Board's attorneys, the medical investigative 
14staff, and authorized
clerical staff, as provided in this Act 
15and shall be afforded the same status
as is provided 
16information concerning medical studies in Part 21 of Article

17VIII of the Code of Civil Procedure, except that the Department 
18may disclose information and documents to a federal, State, or 
19local law enforcement agency pursuant to a subpoena in an 
20ongoing criminal investigation to a health care licensing body 
21of this State or another state or jurisdiction pursuant to an 
22official request made by that licensing body. Furthermore, 
23information and documents disclosed to a federal, State, or 
24local law enforcement agency may be used by that agency only 
25for the investigation and prosecution of a criminal offense or, 
26in the case of disclosure to a health care licensing body, only 
 
 
HB2495- 92 -LRB101 11034 LNS 56235 b


1for investigations and disciplinary action proceedings with 
2regard to a license issued by that licensing body.

3(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11; 
498-1140, eff. 12-30-14.)


5 Section 910-50. The Nurse Practice Act is amended by 
6changing Section 65-35 and 65-43 as follows:



7 (225 ILCS 65/65-35)
 (was 225 ILCS 65/15-15)


8 (Section scheduled to be repealed on January 1, 2028)

9 Sec. 65-35. Written collaborative
agreements.
10 (a) A written collaborative agreement is required for all 
11advanced practice registered nurses engaged in clinical 
12practice prior to meeting the requirements of Section 65-43, 
13except for advanced practice registered nurses who are 
14privileged to practice in a hospital, hospital affiliate, or 
15ambulatory surgical treatment center.
16 (a-5) If an advanced practice registered nurse engages in 
17clinical practice outside of a hospital, hospital affiliate, or 
18ambulatory surgical treatment center in which he or she is 
19privileged to practice, the advanced practice registered nurse 
20must have a written collaborative agreement, except as set 
21forth in Section 65-43.

22 (b) A written collaborative
agreement shall describe the 
23relationship of the
advanced practice registered nurse with the 
24collaborating
physician and shall describe the categories of

 
 
HB2495- 93 -LRB101 11034 LNS 56235 b


1care, treatment, or procedures to be provided by the advanced

2practice registered nurse. A collaborative agreement with a 
3podiatric physician must be in accordance with subsection (c-5) 
4or (c-15) of this Section. A collaborative agreement with a 
5dentist must be in accordance with subsection (c-10) of this 
6Section. A collaborative agreement with a podiatric physician 
7must be in accordance with subsection (c-5) of this Section. 
8Collaboration does not require an
employment relationship 
9between the collaborating physician
and the advanced practice 
10registered nurse.

11 The collaborative
relationship under an agreement shall 
12not be
construed to require the personal presence of a 
13collaborating physician at the place where services are 
14rendered.
Methods of communication shall
be available for 
15consultation with the collaborating
physician in person or by 
16telecommunications or electronic communications as set forth 
17in the written
agreement.

18 (b-5) Absent an employment relationship, a written 
19collaborative agreement may not (1) restrict the categories of 
20patients of an advanced practice registered nurse within the 
21scope of the advanced practice registered nurses training and 
22experience, (2) limit third party payors or government health 
23programs, such as the medical assistance program or Medicare 
24with which the advanced practice registered nurse contracts, or 
25(3) limit the geographic area or practice location of the 
26advanced practice registered nurse in this State.
 
 
HB2495- 94 -LRB101 11034 LNS 56235 b


1 (c)
In the case of anesthesia services provided by a 
2certified registered nurse anesthetist, an anesthesiologist, a 
3physician, a dentist, or a podiatric physician must participate 
4through discussion of and agreement with the anesthesia plan 
5and remain physically present and available on the premises 
6during the delivery of anesthesia services for diagnosis, 
7consultation, and treatment of emergency medical conditions.


8 (c-5) A certified registered nurse anesthetist, who 
9provides anesthesia services outside of a hospital or 
10ambulatory surgical treatment center shall enter into a written 
11collaborative agreement with an anesthesiologist or the 
12physician licensed to practice medicine in all its branches or 
13the podiatric physician performing the procedure. Outside of a 
14hospital or ambulatory surgical treatment center, the 
15certified registered nurse anesthetist may provide only those 
16services that the collaborating podiatric physician is 
17authorized to provide pursuant to the Podiatric Medical 
18Practice Act of 1987 and rules adopted thereunder. A certified 
19registered nurse anesthetist may select, order, and administer 
20medication, including controlled substances, and apply 
21appropriate medical devices for delivery of anesthesia 
22services under the anesthesia plan agreed with by the 
23anesthesiologist or the operating physician or operating 
24podiatric physician.
25 (c-10) A certified registered nurse anesthetist who 
26provides anesthesia services in a dental office shall enter 
 
 
HB2495- 95 -LRB101 11034 LNS 56235 b


1into a written collaborative agreement with an 
2anesthesiologist or the physician licensed to practice 
3medicine in all its branches or the operating dentist 
4performing the procedure. The agreement shall describe the 
5working relationship of the certified registered nurse 
6anesthetist and dentist and shall authorize the categories of 
7care, treatment, or procedures to be performed by the certified 
8registered nurse anesthetist. In a collaborating dentist's 
9office, the certified registered nurse anesthetist may only 
10provide those services that the operating dentist with the 
11appropriate permit is authorized to provide pursuant to the 
12Illinois Dental Practice Act and rules adopted thereunder. For 
13anesthesia services, an anesthesiologist, physician, or 
14operating dentist shall participate through discussion of and 
15agreement with the anesthesia plan and shall remain physically 
16present and be available on the premises during the delivery of 
17anesthesia services for diagnosis, consultation, and treatment 
18of emergency medical conditions. A certified registered nurse 
19anesthetist may select, order, and administer medication, 
20including controlled substances, and apply appropriate medical 
21devices for delivery of anesthesia services under the 
22anesthesia plan agreed with by the operating dentist.
23 (c-15) An advanced practice registered nurse who had a 
24written collaborative agreement with a podiatric physician 
25immediately before the effective date of Public Act 100-513 may 
26continue in that collaborative relationship or enter into a new 
 
 
HB2495- 96 -LRB101 11034 LNS 56235 b


1written collaborative relationship with a podiatric physician 
2under the requirements of this Section and Section 65-40, as 
3those Sections existed immediately before the amendment of 
4those Sections by Public Act 100-513 with regard to a written 
5collaborative agreement between an advanced practice 
6registered nurse and a podiatric physician. 
7 (d) A copy of the signed, written collaborative agreement 
8must be available
to the Department upon request from both the 
9advanced practice registered nurse
and the collaborating 
10physician, dentist, or podiatric physician. 
11 (e) Nothing in this Act shall be construed to limit the 
12delegation of tasks or duties by a physician to a licensed 
13practical nurse, a registered professional nurse, or other 
14persons in accordance with Section 54.2 of the Medical Practice 
15Act of 1987. Nothing in this Act shall be construed to limit 
16the method of delegation that may be authorized by any means, 
17including, but not limited to, oral, written, electronic, 
18standing orders, protocols, guidelines, or verbal orders. 
19 (e-5) Nothing in this Act shall be construed to authorize 
20an advanced practice registered nurse to provide health care 
21services required by law or rule to be performed by a 
22physician. , including those acts to be performed by a 
23physician in Section 3.1 of the Illinois Abortion Law of 1975. 
24 (f) An advanced
practice registered nurse shall inform each 
25collaborating physician, dentist, or podiatric physician of 
26all collaborative
agreements he or she
has signed and provide a 
 
 
HB2495- 97 -LRB101 11034 LNS 56235 b


1copy of these to any collaborating physician, dentist, or 
2podiatric physician upon
request.

3 (g) (Blank).
4(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18; 
5100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)


6 (225 ILCS 65/65-43)
7 (Section scheduled to be repealed on January 1, 2028)
8 Sec. 65-43. Full practice authority.
9 (a) An Illinois-licensed advanced practice registered 
10nurse certified as a nurse practitioner, nurse midwife, or 
11clinical nurse specialist shall be deemed by law to possess the 
12ability to practice without a written collaborative agreement 
13as set forth in this Section.
14 (b) An advanced practice registered nurse certified as a 
15nurse midwife, clinical nurse specialist, or nurse 
16practitioner who files with the Department a notarized 
17attestation of completion of at least 250 hours of continuing 
18education or training and at least 4,000 hours of clinical 
19experience after first attaining national certification shall 
20not require a written collaborative agreement, except as 
21specified in subsection (c). Documentation of successful 
22completion shall be provided to the Department upon request.
23 Continuing education or training hours required by 
24subsection (b) shall be in the advanced practice registered 
25nurse's area of certification as set forth by Department rule.
 
 
HB2495- 98 -LRB101 11034 LNS 56235 b


1 The clinical experience must be in the advanced practice 
2registered nurse's area of certification. The clinical 
3experience shall be in collaboration with a physician or 
4physicians. Completion of the clinical experience must be 
5attested to by the collaborating physician or physicians and 
6the advanced practice registered nurse.
7 (c) The scope of practice of an advanced practice 
8registered nurse with full practice authority includes:
9  (1) all matters included in subsection (c) of Section 
10 65-30 of this Act;
11  (2) practicing without a written collaborative 
12 agreement in all practice settings consistent with 
13 national certification;
14  (3) authority to prescribe both legend drugs and 
15 Schedule II through V controlled substances; this 
16 authority includes prescription of, selection of, orders 
17 for, administration of, storage of, acceptance of samples 
18 of, and dispensing over the counter medications, legend 
19 drugs, and controlled substances categorized as any 
20 Schedule II through V controlled substances, as defined in 
21 Article II of the Illinois Controlled Substances Act, and 
22 other preparations, including, but not limited to, 
23 botanical and herbal remedies;
24  (4) prescribing benzodiazepines or Schedule II 
25 narcotic drugs, such as opioids, only in a consultation 
26 relationship with a physician; this consultation 
 
 
HB2495- 99 -LRB101 11034 LNS 56235 b


1 relationship shall be recorded in the Prescription 
2 Monitoring Program website, pursuant to Section 316 of the 
3 Illinois Controlled Substances Act, by the physician and 
4 advanced practice registered nurse with full practice 
5 authority and is not required to be filed with the 
6 Department; the specific Schedule II narcotic drug must be 
7 identified by either brand name or generic name; the 
8 specific Schedule II narcotic drug, such as an opioid, may 
9 be administered by oral dosage or topical or transdermal 
10 application; delivery by injection or other route of 
11 administration is not permitted; at least monthly, the 
12 advanced practice registered nurse and the physician must 
13 discuss the condition of any patients for whom a 
14 benzodiazepine or opioid is prescribed; nothing in this 
15 subsection shall be construed to require a prescription by 
16 an advanced practice registered nurse with full practice 
17 authority to require a physician name;
18  (5) authority to obtain an Illinois controlled 
19 substance license and a federal Drug Enforcement 
20 Administration number; and
21  (6) use of only local anesthetic.
22 The scope of practice of an advanced practice registered 
23nurse does not include operative surgery. For the purposes of 
24this Act, "operative surgery" does not include abortions as 
25defined in Section 10 of the Reproductive Health Act, or 
26procedures to manage pregnancy loss. 
 
 
HB2495- 100 -LRB101 11034 LNS 56235 b


1 (d) The Department may adopt rules necessary to administer 
2this Section, including, but not limited to, requiring the 
3completion of forms and the payment of fees.
4 (e) Nothing in this Act shall be construed to authorize an 
5advanced practice registered nurse with full practice 
6authority to provide health care services required by law or 
7rule to be performed by a physician, including, but not limited 
8to, those acts to be performed by a physician in Section 3.1 of 
9the Illinois Abortion Law of 1975. 

10(Source: P.A. 100-513, eff. 1-1-18.)

11 Section 910-55. The Vital Records Act is amended by 
12changing Section 1 as follows:




13 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)



14 Sec. 1. As used in this Act, unless the context otherwise 
15requires: 

16 (1) "Vital records" means records of births, deaths, fetal 
17deaths,
marriages, dissolution of marriages, and data related 
18thereto.

19 (2) "System of vital records" includes the registration, 
20collection,
preservation, amendment, and certification of 
21vital records, and
activities related thereto.

22 (3) "Filing" means the presentation of a certificate, 
23report, or
other record provided for in this Act, of a birth, 
24death, fetal death,
adoption, marriage, or dissolution of 
 
 
HB2495- 101 -LRB101 11034 LNS 56235 b


1marriage, for registration by the Office of Vital
Records.

2 (4) "Registration" means the acceptance by the Office of 
3Vital
Records and the incorporation in its official records of 
4certificates,
reports, or other records provided for in this 
5Act, of births, deaths,
fetal deaths, adoptions, marriages, or 
6dissolution of marriages.

7 (5) "Live birth" means the complete expulsion or extraction 
8from its
mother of a product of human conception, irrespective 
9of the duration of
pregnancy, which after such separation 
10breathes or shows any other
evidence of life such as beating of 
11the heart, pulsation of the
umbilical cord, or definite 
12movement of voluntary muscles, whether or
not the umbilical 
13cord has been cut or the placenta is attached.

14 (6) "Fetal death" means death prior to the complete 
15expulsion or
extraction from the uterus its mother of a product 
16of human conception,
irrespective of the duration of pregnancy, 
17and which is not due to an abortion as defined in Section 10 of 
18the Reproductive Health Act. ; The the death is indicated by 
19the
fact that after such separation the fetus does not breathe 
20or show any
other evidence of life such as beating of the 
21heart, pulsation of the
umbilical cord, or definite movement of 
22voluntary muscles.

23 (7) "Dead body" means a lifeless human body or parts of 
24such body or
bones thereof from the state of which it may 
25reasonably be concluded
that death has occurred.

26 (8) "Final disposition" means the burial, cremation, or 
 
 
HB2495- 102 -LRB101 11034 LNS 56235 b


1other
disposition of a dead human body or fetus or parts 
2thereof.

3 (9) "Physician" means a person licensed to practice 
4medicine in
Illinois or any other state.

5 (10) "Institution" means any establishment, public or 
6private, which
provides in-patient medical, surgical, or 
7diagnostic care or treatment,
or nursing, custodial, or 
8domiciliary care to 2 or more unrelated
individuals, or to 
9which persons are committed by law.

10 (11) "Department" means the Department of Public Health of 
11the State
of Illinois.

12 (12) "Director" means the Director of the Illinois 
13Department of
Public Health.

14 (13) "Licensed health care professional" means a person 
15licensed to practice as a physician, advanced practice 
16registered nurse, or physician assistant in Illinois or any 
17other state.
18 (14) "Licensed mental health professional" means a person 
19who is licensed or registered to provide mental health services 
20by the Department of Financial and Professional Regulation or a 
21board of registration duly authorized to register or grant 
22licenses to persons engaged in the practice of providing mental 
23health services in Illinois or any other state. 
24 (15) "Intersex condition" means a condition in which a 
25person is born with a reproductive or sexual anatomy or 
26chromosome pattern that does not fit typical definitions of 
 
 
HB2495- 103 -LRB101 11034 LNS 56235 b


1male or female. 
2 (16) "Homeless person" means an individual who meets the 
3definition of "homeless" under Section 103 of the federal 
4McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an 
5individual residing in any of the living situations described 
6in 42 U.S.C. 11434a(2). 
7(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18; 
8100-863, eff. 8-14-18.)


9 Section 910-60. The Environmental Protection Act is 
10amended by changing Section 56.1 as follows:

11 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)

12 Sec. 56.1. Acts prohibited.

13 (A) No person shall:


14  (a) Cause or allow the disposal of any potentially 
15 infectious medical
waste. Sharps may be disposed in any 
16 landfill permitted by the Agency under
Section 21 of this 
17 Act to accept municipal waste for disposal, if both:


18   (1) the infectious potential has been eliminated 
19 from the sharps by
treatment; and


20   (2) the sharps are packaged in accordance with 
21 Board regulations.


22  (b) Cause or allow the delivery of any potentially 
23 infectious medical
waste for transport, storage, 
24 treatment, or transfer except in accordance
with Board 
 
 
HB2495- 104 -LRB101 11034 LNS 56235 b


1 regulations.


2  (c) Beginning July 1, 1992, cause or allow the delivery 
3 of any
potentially infectious medical waste to a person or 
4 facility for storage,
treatment, or transfer that does not 
5 have a permit issued by the agency to
receive potentially 
6 infectious medical waste, unless no permit is required

7 under subsection (g)(1).


8  (d) Beginning July 1, 1992, cause or allow the delivery 
9 or transfer of
any potentially infectious medical waste for 
10 transport unless:


11   (1) the transporter has a permit issued by the 
12 Agency to transport
potentially infectious medical 
13 waste, or the transporter is exempt from the
permit 
14 requirement set forth in subsection (f)(l).


15   (2) a potentially infectious medical waste 
16 manifest is completed for
the waste if a manifest is 
17 required under subsection (h).


18  (e) Cause or allow the acceptance of any potentially 
19 infectious medical
waste for purposes of transport, 
20 storage, treatment, or transfer except in
accordance with 
21 Board regulations.


22  (f) Beginning July 1, 1992, conduct any potentially 
23 infectious medical
waste transportation operation:


24   (1) Without a permit issued by the Agency to 
25 transport potentially
infectious medical waste. No 
26 permit is required under this provision (f)(1)
for:


 
 
HB2495- 105 -LRB101 11034 LNS 56235 b


1    (A) a person transporting potentially 
2 infectious medical waste
generated solely by that 
3 person's activities;


4    (B) noncommercial transportation of less than 
5 50 pounds of potentially
infectious medical waste 
6 at any one
time; or


7    (C) the U.S. Postal Service.


8   (2) In violation of any condition of any permit 
9 issued by the Agency
under this Act.


10   (3) In violation of any regulation adopted by the 
11 Board.


12   (4) In violation of any order adopted by the Board 
13 under this Act.


14  (g) Beginning July 1, 1992, conduct any potentially 
15 infectious medical
waste treatment, storage, or transfer 
16 operation:


17   (1) without a permit issued by the Agency that 
18 specifically
authorizes the treatment, storage, or 
19 transfer of potentially infectious
medical waste. No 
20 permit is required under this subsection (g) or 
21 subsection (d)(1) of Section 21 for any:


22    (A) Person conducting a potentially infectious 
23 medical waste
treatment, storage, or transfer 
24 operation for potentially infectious
medical waste 
25 generated by the person's own activities that are 
26 treated,
stored, or transferred within the site 
 
 
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1 where the potentially infectious
medical waste is 
2 generated.


3    (B) Hospital that treats, stores, or transfers 
4 only potentially
infectious medical waste 
5 generated by its own activities or by members of 
6 its
medical staff.


7    (C) Sharps collection station that is operated 
8 in accordance with
Section 56.7.


9   (2) in violation of any condition of any permit 
10 issued by the Agency
under this Act.


11   (3) in violation of any regulation adopted by the 
12 Board.


13   (4) In violation of any order adopted by the Board 
14 under this Act.


15  (h) Transport potentially infectious medical waste 
16 unless the
transporter carries a completed potentially 
17 infectious medical waste
manifest. No manifest is required 
18 for the transportation of:


19   (1) potentially infectious medical waste being 
20 transported by
generators who generated the waste by 
21 their own activities, when the
potentially infectious 
22 medical waste is transported within or between sites
or 
23 facilities owned, controlled, or operated by that 
24 person;


25   (2) less than 50 pounds of potentially infectious 
26 medical waste at
any one time for a noncommercial

 
 
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1 transportation activity; or


2   (3) potentially infectious medical waste by the 
3 U.S. Postal Service.


4  (i) Offer for transportation, transport, deliver, 
5 receive or accept
potentially infectious medical waste for 
6 which a manifest is required,
unless the manifest indicates 
7 that the fee required under Section 56.4 of
this Act has 
8 been paid.


9  (j) Beginning January 1, 1994, conduct a potentially 
10 infectious medical
waste treatment operation at an 
11 incinerator in existence on the effective
date of this 
12 Title in violation of emission standards established
for 
13 these incinerators under Section 129 of the Clean Air Act 
14 (42 USC 7429),
as amended.


15  (k) Beginning July 1, 2015, knowingly mix household 
16 sharps, including, but not limited to, hypodermic, 
17 intravenous, or other medical needles or syringes or other 
18 medical household waste containing used or unused sharps, 
19 including, but not limited to, hypodermic, intravenous, or 
20 other medical needles or syringes or other sharps, with any 
21 other material intended for collection as a recyclable 
22 material by a residential hauler. 
23  (l) Beginning on July 1, 2015, knowingly place 
24 household sharps into a container intended for collection 
25 by a residential hauler for processing at a recycling 
26 center. 
 
 
HB2495- 108 -LRB101 11034 LNS 56235 b


1 (B) In making its orders and determinations relative to

2penalties, if any, to be imposed for violating subdivision 
3(A)(a) of
this Section, the Board, in addition to the
factors 
4in Sections 33(c) and 42(h) of this Act, or the Court shall 
5take into
consideration whether the owner or operator of the 
6landfill reasonably relied
on written statements from the 
7person generating or treating the waste that
the waste is not 
8potentially infectious medical waste.


9 (C) Notwithstanding subsection (A) or any other provision 
10of law, including the Vital Records Act, tissue and products 
11from an abortion, as defined in Section 10 of the Reproductive 
12Health Act, or a miscarriage may be buried, entombed, or 
13cremated. 
14(Source: P.A. 99-82, eff. 7-20-15.)


15 Section 910-65. The Criminal Code of 2012 is amended by 
16changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:




17 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)



18 Sec. 9-1.2. Intentional Homicide of an Unborn Child. 

19 (a) A person
commits the offense of intentional homicide of 
20an unborn child if, in
performing acts which cause the death of 
21an unborn child, he without lawful
justification:


22  (1) either intended to cause the death of or do great 
23 bodily harm to the
pregnant individual woman or her unborn 
24 child or knew that such acts would cause death
or great 
 
 
HB2495- 109 -LRB101 11034 LNS 56235 b


1 bodily harm to the pregnant individual woman or her unborn 
2 child; or


3  (2) knew that his acts created a strong probability of 
4 death or great
bodily harm to the pregnant individual woman 
5 or her unborn child; and


6  (3) knew that the individual woman was pregnant.

7 (b) For purposes of this Section, (1) "unborn child" shall 
8mean any
individual of the human species from the implantation 
9of an embryo fertilization until birth, and (2)
"person" shall 
10not include the pregnant woman whose unborn child is killed.

11 (c) This Section shall not apply to acts which cause the 
12death of an
unborn child if those acts were committed during 
13any abortion, as defined
in Section 10 of the Reproductive 
14Health Act, Section 2 of the Illinois Abortion Law of 1975, as 
15amended, to which the
pregnant individual woman has consented. 
16This Section shall not apply to acts which
were committed 
17pursuant to usual and customary standards of medical
practice 
18during diagnostic testing or therapeutic treatment.

19 (d) Penalty. The sentence for intentional homicide of an 
20unborn child
shall be the same as for first degree murder, 
21except that:


22  (1) the death penalty may not be imposed;


23  (2) if the person committed the offense while armed 
24 with a firearm, 15
years shall be added to the term of 
25 imprisonment imposed by the court;


26  (3) if, during the commission of the offense, the 
 
 
HB2495- 110 -LRB101 11034 LNS 56235 b


1 person personally
discharged a firearm, 20 years shall be 
2 added to the term of imprisonment
imposed by the court;


3  (4) if, during the commission of the offense, the 
4 person personally
discharged a firearm that proximately 
5 caused great bodily harm, permanent
disability, permanent 
6 disfigurement, or death to another person, 25 years or up

7 to a term of natural life shall be added to the term of 
8 imprisonment imposed by
the court.

9 (e) The provisions of this Act shall not be construed to 
10prohibit the
prosecution of any person under any other 
11provision of law.

12(Source: P.A. 96-1000, eff. 7-2-10.)





13 (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)



14 Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a) 
15A person
who kills an unborn child without lawful justification 
16commits voluntary
manslaughter of an unborn child if at the 
17time of the killing he is acting
under a sudden and
intense 
18passion resulting from serious provocation by
another whom the 
19offender endeavors to kill, but he negligently or
accidentally 
20causes the death of the unborn child.

21 Serious provocation is conduct sufficient to excite an 
22intense passion in
a reasonable person.

23 (b) A person who intentionally or knowingly kills an unborn 
24child
commits voluntary manslaughter of an unborn child if at 
25the time of the
killing he believes the circumstances to be 
 
 
HB2495- 111 -LRB101 11034 LNS 56235 b


1such that, if they existed,
would justify or exonerate the 
2killing under the principles stated in
Article 7 of this Code, 
3but his belief is unreasonable.

4 (c) Sentence.
Voluntary Manslaughter of an unborn child is 
5a Class 1 felony.

6 (d) For purposes of this Section, (1) "unborn child" shall 
7mean any
individual of the human species from the implantation 
8of an embryo fertilization until birth, and (2)
"person" shall 
9not include the pregnant individual woman whose unborn child is 
10killed.

11 (e) This Section shall not apply to acts which cause the 
12death of an
unborn child if those acts were committed during 
13any abortion, as defined
in Section 10 of the Reproductive 
14Health Act, Section 2 of the Illinois Abortion Law of 1975, as 
15amended, to which the
pregnant individual woman has
consented. 
16This Section shall not apply to acts which were committed

17pursuant to usual and customary standards of medical practice 
18during
diagnostic testing or therapeutic treatment.

19(Source: P.A. 84-1414.)





20 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)



21 Sec. 9-3.2. 
Involuntary Manslaughter and Reckless Homicide 
22of an
Unborn Child. (a) A person who unintentionally kills an 
23unborn child
without lawful justification commits involuntary 
24manslaughter of an unborn
child if his acts whether lawful or 
25unlawful which cause the death are such
as are likely to cause 
 
 
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1death or great bodily harm to some individual, and
he performs 
2them recklessly, except in cases in which the cause of death

3consists of the driving of a motor vehicle, in which case the 
4person
commits reckless homicide of an unborn child.

5 (b) Sentence.

6 (1) Involuntary manslaughter of an unborn child is a Class 
73 felony.

8 (2) Reckless homicide of an unborn child is a Class 3 
9felony.

10 (c) For purposes of this Section, (1) "unborn child" shall 
11mean any
individual of the human species from the implantation 
12of an embryo fertilization until birth, and (2)
"person" shall 
13not include the pregnant individual woman whose unborn child is 
14killed.

15 (d) This Section shall not apply to acts which cause the 
16death of an
unborn child if those acts were committed during 
17any abortion, as defined
in Section 10 of the Reproductive 
18Health Act, Section 2 of the Illinois Abortion Law of 1975, as 
19amended, to which the
pregnant individual woman has
consented. 
20This Section shall not apply to acts which were committed

21pursuant to usual and customary standards of medical practice 
22during
diagnostic testing or therapeutic treatment.

23 (e) The provisions of this Section shall not be construed 
24to prohibit
the prosecution of any person under any other 
25provision of law, nor shall
it be construed to preclude any 
26civil cause of action.

 
 
HB2495- 113 -LRB101 11034 LNS 56235 b


1(Source: P.A. 84-1414.)




2 (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)



3 Sec. 12-3.1. Battery of an unborn child; aggravated battery 
4of an unborn child. 
5 (a) A person commits battery
of an unborn child if he or 
6she knowingly without legal
justification and by any means 
7causes bodily harm to an unborn child.

8 (a-5) A person commits aggravated battery of an unborn 
9child when, in committing a battery of an unborn child, he or 
10she knowingly causes great bodily harm or permanent disability 
11or disfigurement to an unborn child. 
12 (b) For purposes of this Section, (1) "unborn child" shall 
13mean any
individual of the human species from the implantation 
14of an embryo fertilization until birth, and (2)
"person" shall 
15not include the pregnant individual woman whose unborn child is 
16harmed.

17 (c) Sentence. Battery of an unborn child is a Class A 
18misdemeanor. Aggravated battery of an unborn child is a Class 2 
19felony. 

20 (d) This Section shall not apply to acts which cause bodily 
21harm to an
unborn child if those acts were committed during any 
22abortion, as defined
in Section 10 of the Reproductive Health 
23Act, Section 2 of the Illinois Abortion Law of 1975, as 
24amended, to which the
pregnant individual woman has
consented. 
25This Section shall not apply to acts which were committed

 
 
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1pursuant to usual and customary standards of medical practice 
2during
diagnostic testing or therapeutic treatment.

3(Source: P.A. 96-1551, eff. 7-1-11.)


4 Section 910-70. The Code of Civil Procedure is amended by 
5changing Section 8-802 as follows:




6 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)


7 Sec. 8-802. Physician and patient. No physician or surgeon 
8shall be
permitted to disclose any information he or she may 
9have acquired in
attending any patient in a professional 
10character, necessary to enable him
or her professionally to 
11serve the patient, except only (1) in trials for
homicide when 
12the disclosure relates directly to the fact or immediate

13circumstances of the homicide, (2) in actions, civil or 
14criminal, against
the physician for malpractice, (3) with the 
15expressed consent of the
patient, or in case of his or her 
16death or disability, of his or her
personal representative or 
17other person authorized to sue for personal
injury or of the 
18beneficiary of an insurance policy on his or her life,
health, 
19or physical condition, or as authorized by Section 8-2001.5, 
20(4) in all actions brought by or against the
patient, his or 
21her personal representative, a beneficiary under a policy
of 
22insurance, or the executor or administrator of his or her 
23estate wherein
the patient's physical or mental condition is an 
24issue, (5) upon an issue
as to the validity of a document as a 
 
 
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1will of the patient, (6) (blank) in any
criminal action where 
2the charge is either first degree murder by abortion,
attempted 
3abortion or abortion, (7) in actions, civil or criminal, 
4arising
from the filing of a report in compliance with the 
5Abused and Neglected
Child Reporting Act, (8) to any 
6department, agency, institution
or facility which has custody 
7of the patient pursuant to State statute
or any court order of 
8commitment, (9) in prosecutions where written
results of blood 
9alcohol tests are admissible pursuant to Section 11-501.4
of 
10the Illinois Vehicle Code, (10) in prosecutions where written

11results of blood alcohol tests are admissible under Section 
125-11a of the
Boat Registration and Safety Act,
(11) in criminal 
13actions arising from the filing of a report of suspected

14terrorist offense in compliance with Section 29D-10(p)(7) of 
15the Criminal Code
of 2012, (12) upon the issuance of a subpoena 
16pursuant to Section 38 of the Medical Practice Act of 1987; the 
17issuance of a subpoena pursuant to Section 25.1 of the Illinois 
18Dental Practice Act; the issuance of a subpoena pursuant to 
19Section 22 of the Nursing Home Administrators Licensing and 
20Disciplinary Act; or the issuance of a subpoena pursuant to 
21Section 25.5 of the Workers' Compensation Act, (13) upon the 
22issuance of a grand jury subpoena pursuant to Article 112 of 
23the Code of Criminal Procedure of 1963, or (14) to or through a 
24health information exchange, as that term is defined in Section 
252 of the Mental Health and Developmental Disabilities 
26Confidentiality Act, in accordance with State or federal law. 
 
 
HB2495- 116 -LRB101 11034 LNS 56235 b


1 Upon disclosure under item (13) of this Section, in any 
2criminal action where the charge is domestic battery, 
3aggravated domestic battery, or an offense under Article 11 of 
4the Criminal Code of 2012 or where the patient is under the age 
5of 18 years or upon the request of the patient, the State's 
6Attorney shall petition the court for a protective order 
7pursuant to Supreme Court Rule 415.

8 In the event of a conflict between the application of this 
9Section
and the Mental Health and Developmental Disabilities 
10Confidentiality
Act to a specific situation, the provisions of 
11the Mental Health and
Developmental Disabilities 
12Confidentiality Act shall control.

13(Source: P.A. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, 
14eff. 7-20-15.)


15 Section 910-75. The Rights of Married Persons Act is 
16amended by changing Section 15 as follows:




17 (750 ILCS 65/15) (from Ch. 40, par. 1015)



18 Sec. 15. 
(a)(1) The expenses of the family and of the 
19education of the children
shall be chargeable upon the property 
20of both husband and wife, or of
either of them, in favor of 
21creditors therefor, and in relation thereto
they may be sued 
22jointly or separately.

23 (2) No creditor, who has a claim against a spouse or former 
24spouse for an expense
incurred by that spouse or former spouse 
 
 
HB2495- 117 -LRB101 11034 LNS 56235 b


1which is not a family expense, shall maintain an
action against 
2the other spouse or former spouse for that expense except:

3 (A) an expense for which the other spouse or former spouse 
4agreed, in
writing, to be liable; or

5 (B) an expense for goods or merchandise purchased by or in 
6the
possession of the other spouse or former spouse, or for 
7services ordered by
the other spouse or former spouse.

8 (3) Any creditor who maintains an action in violation of 
9this subsection
(a) for an expense other than a family expense 
10against
a spouse or former spouse other than the
spouse or 
11former spouse
who incurred the expense, shall be liable to the 
12other spouse
or former spouse for his or her costs, expenses 
13and attorney's fees
incurred in defending the action.

14 (4) No creditor shall, with respect to any claim against a 
15spouse or former spouse for
which the creditor is prohibited 
16under this subsection (a) from maintaining
an action against 
17the other spouse or former spouse, engage in any collection 
18efforts
against the other spouse or former spouse, including, 
19but not limited to,
informal or formal
collection attempts, 
20referral of the claim to a collector or collection
agency for 
21collection from the other spouse or former spouse, or making 
22any
representation to a credit
reporting agency that the other 
23spouse or former spouse is any way liable
for payment of the 
24claim.

25 (b) (Blank). No spouse shall be liable for any expense 
26incurred by the other spouse
when an abortion is performed on 
 
 
HB2495- 118 -LRB101 11034 LNS 56235 b


1such spouse, without the consent of such
other spouse, unless 
2the physician who performed the abortion certifies
that such 
3abortion is necessary to preserve the life of the spouse who 
4obtained
such abortion.

5 (c) (Blank). No parent shall be liable for any expense 
6incurred by his or her minor
child when an abortion is 
7performed on such minor child without the consent
of both 
8parents of such child, if they both have custody, or the parent

9having custody, or legal guardian of such child, unless the 
10physician who
performed the abortion certifies that such 
11abortion is necessary to preserve
the life of the minor child 
12who obtained such abortion.

13(Source: P.A. 86-689.)


14 Section 910-995. No acceleration or delay. Where this Act 
15makes changes in a statute that is represented in this Act by 
16text that is not yet or no longer in effect (for example, a 
17Section represented by multiple versions), the use of that text 
18does not accelerate or delay the taking effect of (i) the 
19changes made by this Act or (ii) provisions derived from any 
20other Public Act.

21 Section 999. Effective date. This Act takes effect upon 
22becoming law.

                                  
 
 
HB2495- 119 -LRB101 11034 LNS 56235 b


1
INDEX

2
Statutes amended in order of appearance

3 New Act
4 210 ILCS 5/6.1 rep.
5 410 ILCS 70/9 rep.
6 720 ILCS 510/Act rep.
7 720 ILCS 513/Act rep.
8 735 ILCS 5/11-107.1 rep.
9 745 ILCS 30/Act rep.
10 5 ILCS 375/6.11
11 20 ILCS 505/5from Ch. 23, par. 5005
12 5 ILCS 140/7.5
13 55 ILCS 5/3-3013from Ch. 34, par. 3-3013
14 210 ILCS 5/2from Ch. 111 1/2, par. 157-8.2
15 210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3
16 215 ILCS 5/356z.4
17 215 ILCS 5/356z.4a new
18 215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
19 215 ILCS 165/10from Ch. 32, par. 604
20 225 ILCS 60/22from Ch. 111, par. 4400-22
21 225 ILCS 60/36from Ch. 111, par. 4400-36
22 225 ILCS 65/65-35was 225 ILCS 65/15-15
23 225 ILCS 65/65-43
24 410 ILCS 535/1from Ch. 111 1/2, par. 73-1
25 415 ILCS 5/56.1from Ch. 111 1/2, par. 1056.1
 
 
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