Bill Text: IL HB5202 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Repeals the Reproductive Health Act. Creates the Illinois Abortion Law of 2024 containing the provisions of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as provisions defining "viability" to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining "fetal heartbeat" as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Creates the Partial-birth Abortion Ban Act of 2024 and the Abortion Performance Refusal Act of 2024 containing the provisions of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Act 101-13. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-09 - Referred to Rules Committee [HB5202 Detail]

Download: Illinois-2023-HB5202-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5202 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
See Index
Repeals the Reproductive Health Act. Creates the Illinois Abortion Law of 2024 containing the provisions of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as provisions defining "viability" to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining "fetal heartbeat" as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Creates the Partial-birth Abortion Ban Act of 2024 and the Abortion Performance Refusal Act of 2024 containing the provisions of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Act 101-13. Effective immediately.
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A BILL FOR
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AN ACT concerning abortion.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1.
Section 1. Intent. It is the intention of the General
Assembly of the State of Illinois to reasonably regulate
abortion in conformance with the legal standards set forth in
the decisions of the United States Supreme Court of January
22, 1973.
Section 2. Definitions. Unless the language or context
clearly indicates a different meaning is intended, the
following words or phrases for the purpose of this Law shall be
given the meaning ascribed to them:
(1) "Viability" means either:
(A) that stage of fetal development when, in the
medical judgment of the attending physician based on the
particular facts of the case before the attending
physician, there is a reasonable likelihood of sustained
survival of the fetus outside the womb, with or without
artificial support; or
(B) when, in the medical judgment of the attending
physician based on the particular facts of the case before

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

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when such substance or device is employed.
(8) "Born alive", "live born", and "live birth", when
applied to an individual organism of the species homo sapiens,
each mean he or she was completely expelled or extracted from
his or her mother and after such separation breathed or showed
evidence of any of the following: beating of the heart,
pulsation of the umbilical cord, or definite movement of
voluntary muscles, irrespective of the duration of pregnancy
and whether or not the umbilical cord has been cut or the
placenta is attached.
Section 3.1. Medical judgment. No abortion shall be
performed except by a physician after either (a) he or she
determines that, in his or her best clinical judgment, the
abortion is necessary, or (b) he or she receives a written
statement or oral communication by another physician,
hereinafter called the "referring physician", certifying that
in the referring physician's best clinical judgment the
abortion is necessary. Any person who intentionally or
knowingly performs an abortion contrary to the requirements of
Section 3.1 commits a Class 2 felony.
Section 5. When fetus is viable.
(a) When the fetus is viable no abortion shall be
performed unless in the medical judgment of the attending or
referring physician, based on the particular facts of the case

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before him or her, it is necessary to preserve the life or
health of the mother. Intentional, knowing, or reckless
failure to conform to the requirements of this subsection is a
Class 2 felony.
(b) When the fetus is viable the physician shall certify
in writing, on a form prescribed by the Department under
Section 10, the medical indications which, in his or her
medical judgment based on the particular facts of the case
before him or her, warrant performance of the abortion to
preserve the life or health of the mother.
Section 6. Abortion methods, restrictions, and
requirements.
(1) (a) Any physician who intentionally performs an
abortion when, in his or her medical judgment based on the
particular facts of the case before him or her, there is a
reasonable likelihood of sustained survival of the fetus
outside the womb, with or without artificial support, shall
utilize that method of abortion which, of those he or she knows
to be available, is in his or her medical judgment most likely
to preserve the life and health of the fetus.
(b) The physician shall certify in writing, on a form
prescribed by the Department under Section 10, the available
methods considered and the reasons for choosing the method
employed.
(c) Any physician who intentionally, knowingly, or

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recklessly violates Section 6(1)(a) commits a Class 3 felony.
(2) (a) No abortion shall be performed or induced when the
fetus is viable unless there is in attendance a physician
other than the physician performing or inducing the abortion
who shall take control of and provide immediate medical care
for any child born alive as a result of the abortion. This
requirement shall not apply when, in the medical judgment of
the physician performing or inducing the abortion based on the
particular facts of the case before him or her, there exists a
medical emergency; in such a case, the physician shall
describe the basis of this judgment on the form prescribed by
Section 10. Any physician who intentionally performs or
induces such an abortion and who intentionally, knowingly, or
recklessly fails to arrange for the attendance of such a
second physician in violation of Section 6(2)(a) commits a
Class 3 felony.
(b) Subsequent to the abortion, if a child is born alive,
the physician required by Section 6(2)(a) to be in attendance
shall exercise the same degree of professional skill, care,
and diligence to preserve the life and health of the child as
would be required of a physician providing immediate medical
care to a child born alive in the course of a pregnancy
termination which was not an abortion. Any such physician who
intentionally, knowingly, or recklessly violates Section
6(2)(b) commits a Class 3 felony.
(3) The law of this State shall not be construed to imply

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that any living individual organism of the species homo
sapiens who has been born alive is not an individual under the
Criminal Code of 1961 or Criminal Code of 2012.
(4) (a) Any physician who intentionally performs an
abortion when, in his or her medical judgment based on the
particular facts of the case before him or her, there is a
reasonable possibility of sustained survival of the fetus
outside the womb, with or without artificial support, shall
utilize that method of abortion which, of those he or she knows
to be available, is in his or her medical judgment most likely
to preserve the life and health of the fetus.
(b) The physician shall certify in writing, on a form
prescribed by the Department under Section 10, the available
methods considered and the reasons for choosing the method
employed.
(c) Any physician who intentionally, knowingly, or
recklessly violates the provisions of Section 6(4)(a) commits
a Class 3 felony.
(5) Nothing in Section 6 requires a physician to employ a
method of abortion which, in the medical judgment of the
physician performing the abortion based on the particular
facts of the case before him or her, would increase medical
risk to the mother.
(6) When the fetus is viable and when there exists
reasonable medical certainty (a) that the particular method of
abortion to be employed will cause organic pain to the fetus,

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and (b) that use of an anesthetic or analgesic would abolish or
alleviate organic pain to the fetus caused by the particular
method of abortion to be employed, then the physician who is to
perform the abortion or his or her agent or the referring
physician or his or her agent shall inform the woman upon whom
the abortion is to be performed that such an anesthetic or
analgesic is available, if he or she knows it to be available,
for use to abolish or alleviate organic pain caused to the
fetus by the particular method of abortion to be employed. Any
person who performs an abortion with knowledge that any such
reasonable medical certainty exists and that such an
anesthetic or analgesic is available, and intentionally fails
to so inform the woman or to ascertain that the woman has been
so informed commits a Class B misdemeanor. The foregoing
requirements of this subsection shall not apply (a) when in
the medical judgment of the physician who is to perform the
abortion or the referring physician based upon the particular
facts of the case before him or her (i) there exists a medical
emergency or (ii) the administration of such an anesthetic or
analgesic would decrease a possibility of sustained survival
of the fetus apart from the body of the mother, with or without
artificial support, or (b) when the physician who is to
perform the abortion administers an anesthetic or an analgesic
to the woman or the fetus and he or she knows there exists
reasonable medical certainty that such use will abolish
organic pain caused to the fetus during the course of the

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abortion.
(7) No person shall sell or experiment upon a fetus
produced by the fertilization of a human ovum by a human sperm
unless such experimentation is therapeutic to the fetus
thereby produced. Intentional violation of this section is a
Class A misdemeanor. Nothing in this subsection is intended to
prohibit the performance of in vitro fertilization.
(8) No person shall intentionally perform an abortion with
knowledge that the pregnant woman is seeking the abortion
solely on account of the sex of the fetus. Nothing in this
subsection shall be construed to proscribe the performance of
an abortion on account of the sex of the fetus because of a
genetic disorder linked to that sex. If the application of
this subsection to the period of pregnancy prior to viability
is held invalid, then such invalidity shall not affect its
application to the period of pregnancy subsequent to
viability.
Section 10. Report and form. A report of each abortion
performed shall be made to the Department on forms prescribed
by it. Such report forms shall not identify the patient by
name, but by an individual number to be noted in the patient's
permanent record in the possession of the physician, and shall
include information concerning:
(1) the identification of the physician who performed
the abortion and the facility where the abortion was

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performed and a patient identification number;
(2) the state in which the patient resides;
(3) the patient's date of birth, race, and marital
status;
(4) the number of prior pregnancies;
(5) the date of last menstrual period;
(6) the type of abortion procedure performed;
(7) complications and whether the abortion resulted in
a live birth;
(8) the date the abortion was performed;
(9) medical indications for any abortion performed
when the fetus was viable;
(10) the information required by Sections 6(1)(b) and
6(4)(b), if applicable;
(11) the basis for any medical judgment that a medical
emergency existed when required under Sections 6(2)(a) and
6(6) and when required to be reported in accordance with
this Section by any provision of this Law; and
(12) the pathologist's test results pursuant to
Section 12.
Such form shall be completed by the hospital or other
licensed facility, signed by the physician who performed the
abortion or pregnancy termination, and transmitted to the
Department not later than 10 days following the end of the
month in which the abortion was performed.
If a complication of an abortion occurs or becomes known

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after submission of such form, a correction using the same
patient identification number shall be submitted to the
Department within 10 days of its becoming known.
The Department may prescribe rules regarding the
administration of this Law and shall prescribe rules to secure
the confidentiality of the woman's identity in the information
to be provided under the Vital Records Act. All reports
received by the Department shall be treated as confidential
and the Department shall secure the woman's anonymity. Such
reports shall be used only for statistical purposes.
Upon 30 days public notice, the Department is empowered to
require reporting of any additional information which, in the
sound discretion of the Department, is necessary to develop
statistical data relating to the protection of maternal or
fetal life or health, or is necessary to enforce the
provisions of this Law, or is necessary to develop useful
criteria for medical decisions. The Department shall annually
report to the General Assembly all statistical data gathered
under this Law and its recommendations to further the purpose
of this Law.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.

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Section 10.1. Report of complications. Any physician who
diagnoses a woman as having complications resulting from an
abortion shall report, within a reasonable period of time, the
diagnosis and a summary of her physical symptoms to the
Department in accordance with procedures and upon forms
required by the Department. The Department shall define the
complications required to be reported by rule. The
complications defined by rule shall be those which, according
to contemporary medical standards, are manifested by symptoms
with severity equal to or greater than hemorrhaging requiring
transfusion, infection, incomplete abortion, or punctured
organs. If the physician making the diagnosis of a
complication knows the name or location of the facility where
the abortion was performed, he or she shall report such
information to the Department.
Any physician who intentionally violates this Section
shall be subject to revocation of his or her license pursuant
to paragraph (22) of Section 22 of the Medical Practice Act of
1987.
Section 11. Violations. (1) Any person who intentionally
violates any provision of this Law commits a Class A
misdemeanor unless a specific penalty is otherwise provided.
Any person who intentionally falsifies any writing required by
this Law commits a Class A misdemeanor.

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Intentional, knowing, reckless, or negligent violations of
this Law shall constitute unprofessional conduct which causes
public harm under Section 22 of the Medical Practice Act of
1987, Section 70-5 of the Nurse Practice Act, and Section 21 of
the Physician Assistant Practice Act of 1987.
Intentional, knowing, reckless, or negligent violations of
this Law will constitute grounds for refusal, denial,
revocation, suspension, or withdrawal of license, certificate,
or permit under Section 30 of the Pharmacy Practice Act,
Section 7 of the Ambulatory Surgical Treatment Center Act, and
Section 7 of the Hospital Licensing Act.
(2) Any hospital or licensed facility which, or any
physician who intentionally, knowingly, or recklessly fails to
submit a complete report to the Department in accordance with
the provisions of Section 10 and any person who intentionally,
knowingly, recklessly, or negligently fails to maintain the
confidentiality of any reports required under this Law or
reports required by Sections 10.1 or 12 commits a Class B
misdemeanor.
(3) Any person who sells any drug, medicine, instrument,
or other substance which he or she knows to be an abortifacient
and which is in fact an abortifacient, unless upon
prescription of a physician, is guilty of a Class B
misdemeanor. Any person who prescribes or administers any
instrument, medicine, drug, or other substance or device,
which he or she knows to be an abortifacient, and which is in

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fact an abortifacient, and intentionally, knowingly, or
recklessly fails to inform the person for whom it is
prescribed or upon whom it is administered that it is an
abortifacient commits a Class C misdemeanor.
(4) Any person who intentionally, knowingly, or recklessly
performs upon a woman what he or she represents to that woman
to be an abortion when he or she knows or should know that she
is not pregnant commits a Class 2 felony and shall be
answerable in civil damages equal to 3 times the amount of
proved damages.
Section 11.1. Referral fees.
(a) The payment or receipt of a referral fee in connection
with the performance of an abortion is a Class 4 felony.
(b) For purposes of this Section, "referral fee" means the
transfer of anything of value between a doctor who performs an
abortion or an operator or employee of a clinic at which an
abortion is performed and the person who advised the woman
receiving the abortion to use the services of that doctor or
clinic.
Section 12. Analysis and tissue report. The dead fetus and
all tissue removed at the time of abortion shall be submitted
for a gross and microscopic analysis and tissue report to a
board eligible or certified pathologist as a matter of record
in all cases. The results of the analysis and report shall be

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given to the physician who performed the abortion within 7
days of the abortion and such physician shall report any
complications relevant to the woman's medical condition to his
or her patient within 48 hours of receiving a report if
possible. Any evidence of live birth or of viability shall be
reported within 7 days, if possible, to the Department by the
pathologist. Intentional failure of the pathologist to report
any evidence of live birth or of viability to the Department is
a Class B misdemeanor.
Section 12.1. Use of tissues or cells. Nothing in this Act
shall prohibit the use of any tissues or cells obtained from a
dead fetus or dead premature infant whose death did not result
from an induced abortion, for therapeutic purposes or
scientific, research, or laboratory experimentation, provided
that the written consent to such use is obtained from one of
the parents of such fetus or infant.
Section 13. Refusal. No physician, hospital, ambulatory
surgical center, nor employee thereof, shall be required
against his, her, or its conscience declared in writing to
perform, permit, or participate in any abortion, and the
failure or refusal to do so shall not be the basis for any
civil, criminal, administrative, or disciplinary action,
proceeding, penalty, or punishment. If any request for an
abortion is denied, the patient shall be promptly notified.

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Section 14. Severability; rules; effective dates.
(a) If any provision, word, phrase, or clause of this Act
or the application thereof to any person or circumstance shall
be held invalid, such invalidity shall not affect the
provisions, words, phrases, clauses, or application of this
Act which can be given effect without the invalid provision,
word, phrase, clause, or application, and to this end the
provisions, words, phrases, and clauses of this Act are
declared to be severable.
(b) Within 60 days from the time this Section becomes law,
the Department shall issue rules pursuant to Section 10.
Insofar as Section 10 requires registration under the Vital
Records Act, it shall not take effect until such rules are
issued. The Department shall make available the forms required
under Section 10 within 30 days of the time this Section
becomes law. No requirement that any person report information
to the Department shall become effective until the Department
has made available the forms required under Section 10. All
other provisions of this amended Law shall take effect
immediately upon enactment.
Section 15. Short title. This Article shall be known and
may be cited as the Illinois Abortion Law of 2024. References
in this Article to "this Act" mean this Article.

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Article 2.
Section 201. Short title. This Article may be cited as the
Partial-birth Abortion Ban Act of 2024. References in this
Article to "this Act" mean this Article.
Section 205. Definitions. In this Act:
"Partial-birth abortion" means an abortion in which the
person performing the abortion partially vaginally delivers a
living human fetus or infant before killing the fetus or
infant and completing the delivery. The terms "fetus" and
"infant" are used interchangeably to refer to the biological
offspring of human parents.
Section 210. Partial-birth abortions prohibited. Any
person who knowingly performs a partial-birth abortion and
thereby kills a human fetus or infant is guilty of a Class 4
felony. This Section does not apply to a partial-birth
abortion that is necessary to save the life of a mother because
her life is endangered by a physical disorder, physical
illness, or physical injury, including a life-endangering
condition caused by or arising from the pregnancy itself,
provided that no other medical procedure would suffice for
that purpose.
Section 215. Civil action. The maternal grandparents of

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the fetus or infant, if the mother has not attained the age of
18 years at the time of the abortion, may in a civil action
obtain appropriate relief unless the pregnancy resulted from
the plaintiff's criminal conduct or the plaintiff consented to
the abortion. The relief shall include money damages for all
injuries, psychological and physical, occasioned by the
violation of this Act and statutory damages equal to 3 times
the cost of the partial-birth abortion.
Section 220. Prosecution of woman prohibited. A woman on
whom a partial-birth abortion is performed may not be
prosecuted under this Act, for a conspiracy to violate this
Act, or for an offense under Article 31 of the Criminal Code of
1961 or Criminal Code of 2012 based on a violation of this Act,
nor may she be held accountable under Article 5 of the Criminal
Code of 1961 or Criminal Code of 2012 for an offense based on a
violation of this Act.
Article 3.
Section 301. Short title. This Article may be cited as the
Abortion Performance Refusal Act of 2024. References in this
Article to "this Act" mean this Article.
Section 305. Liability; discrimination for refusal.
(a) No physician, nurse, or other person who refuses to

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recommend, perform, or assist in the performance of an
abortion, whether such abortion be a crime or not, shall be
liable to any person for damages allegedly arising from such
refusal.
(b) No hospital that refuses to permit the performance of
an abortion upon its premises, whether such abortion be a
crime or not, shall be liable to any person for damages
allegedly arising from such refusal.
(c) Any person, association, partnership, or corporation
that discriminates against another person in any way,
including, but not limited to, hiring, promotion, advancement,
transfer, licensing, granting of hospital privileges, or staff
appointments, because of that person's refusal to recommend,
perform, or assist in the performance of an abortion, whether
such abortion be a crime or not, shall be answerable in civil
damages equal to 3 times the amount of proved damages, but in
no case less than $2,000.
(d) The license of any hospital, doctor, nurse, or any
other medical personnel shall not be revoked or suspended
because of a refusal to permit, recommend, perform, or assist
in the performance of an abortion.
Article 4.
(775 ILCS 55/Act rep.)
Section 405. The Reproductive Health Act is repealed.

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Article 5.
Section 505. The Ambulatory Surgical Treatment Center Act
is amended by adding Section 6.2 as follows:
(210 ILCS 5/6.2 new)
Sec. 6.2. Condition for licensure. Notwithstanding any
other provision of this Act, any corporation operating an
Ambulatory Surgical Treatment Center devoted primarily to
providing facilities for abortion must have a physician, who
is licensed to practice medicine in all of its branches and is
actively engaged in the practice of medicine at the Center, on
the board of directors as a condition to licensure of the
Center.
Section 510. The Sexual Assault Survivors Emergency
Treatment Act is amended by adding Section 9.1 as follows:
(410 ILCS 70/9.1 new)
Sec. 9.1. Provision of services related to abortion.
Nothing in this Act shall be construed to require a hospital or
an approved pediatric health care facility to provide any
services which relate to an abortion.
Section 515. The Code of Civil Procedure is amended by

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adding Section 11-107.1a as follows:
(735 ILCS 5/11-107.1a new)
Sec. 11-107.1a. Injunctive relief for the father of an
unborn child in an abortion related decision by the mother. In
any case when a married woman wishes to have an abortion
performed upon her, and her spouse, who is the father of the
unborn child, is opposed to the performance of that abortion,
a court may hear testimony from both parties and balance the
rights and interests of those parties.
When the interests of the husband in preventing the
abortion outweigh those of the wife in having an abortion
performed after the unborn child is viable, the court may
issue an injunction against the performance of the abortion
but only where the court makes a finding that the mother's life
or physical health are not in danger.
Article 6.
Section 605. The State Employees Group Insurance Act of
1971 is amended by changing Section 6.11 as follows:
(5 ILCS 375/6.11)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall
provide the post-mastectomy care benefits required to be

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covered by a policy of accident and health insurance under
Section 356t of the Illinois Insurance Code. The program of
health benefits shall provide the coverage required under
Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60,
and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and
356z.70 of the Illinois Insurance Code. The program of health
benefits must comply with Sections 155.22a, 155.37, 355b,
356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
Insurance Code. The program of health benefits shall provide
the coverage required under Section 356m of the Illinois
Insurance Code and, for the employees of the State Employee
Group Insurance Program only, the coverage as also provided in
Section 6.11B of this Act. The Department of Insurance shall
enforce the requirements of this Section with respect to
Sections 370c and 370c.1 of the Illinois Insurance Code; all
other requirements of this Section shall be enforced by the
Department of Central Management Services.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on

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Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,
eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,
eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;
103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.
8-11-23; revised 8-29-23.)
Section 610. The Children and Family Services Act is
amended by changing Section 5 as follows:
(20 ILCS 505/5)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of

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

HB5202 - 24 - LRB103 38453 CES 68589 b
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the
child and the families when the child can be cared for
at home without endangering the child's health and
safety;
(E) placing children in suitable permanent family
arrangements, through guardianship or adoption, in
cases where restoration to the birth family is not
safe, possible, or appropriate;
(F) at the time of placement, conducting
concurrent planning, as described in subsection (l-1)
of this Section, so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the

HB5202 - 25 - LRB103 38453 CES 68589 b
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting, or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions. (Blank).
(b-5) The Department shall adopt rules to establish a
process for all licensed residential providers in Illinois to
submit data as required by the Department, if they contract or
receive reimbursement for children's mental health, substance
use, and developmental disability services from the Department
of Human Services, the Department of Juvenile Justice, or the
Department of Healthcare and Family Services. The requested
data must include, but is not limited to, capacity, staffing,

HB5202 - 26 - LRB103 38453 CES 68589 b
and occupancy data for the purpose of establishing State need
and placement availability.
All information collected, shared, or stored pursuant to
this subsection shall be handled in accordance with all State
and federal privacy laws and accompanying regulations and
rules, including without limitation the federal Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191) and the Mental Health and Developmental
Disabilities Confidentiality Act.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract
or the remaining months of the fiscal year, whichever is less,
and the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated

HB5202 - 27 - LRB103 38453 CES 68589 b
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies
for child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including, but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.

HB5202 - 28 - LRB103 38453 CES 68589 b
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance
use disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor
to the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;

HB5202 - 29 - LRB103 38453 CES 68589 b
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were
youth in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this

HB5202 - 30 - LRB103 38453 CES 68589 b
subsection (j) in the interim period beginning when the
child's adoptive parents died and ending with the finalization
of the new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.

HB5202 - 31 - LRB103 38453 CES 68589 b
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and
Neglected Child Reporting Act, to help families, including
adoptive and extended families. Family preservation services
shall be offered (i) to prevent the placement of children in
substitute care when the children can be cared for at home or
in the custody of the person responsible for the children's
welfare, (ii) to reunite children with their families, or
(iii) to maintain an adoptive placement. Family preservation
services shall only be offered when doing so will not endanger
the children's health or safety. With respect to children who
are in substitute care pursuant to the Juvenile Court Act of
1987, family preservation services shall not be offered if a
goal other than those of paragraph subdivisions (A), (B), or
(B-1) of subsection (2) of Section 2-28 of that Act has been
set, except that reunification services may be offered as
provided in paragraph (F) of subsection (2) of Section 2-28 of
that Act. Nothing in this paragraph shall be construed to
create a private right of action or claim on the part of any
individual or child welfare agency, except that when a child
is the subject of an action under Article II of the Juvenile
Court Act of 1987 and the child's service plan calls for

HB5202 - 32 - LRB103 38453 CES 68589 b
services to facilitate achievement of the permanency goal, the
court hearing the action under Article II of the Juvenile
Court Act of 1987 may order the Department to provide the
services set out in the plan, if those services are not
provided with reasonable promptness and if those services are
available.
The Department shall notify the child and the child's
family of the Department's responsibility to offer and provide
family preservation services as identified in the service
plan. The child and the child's family shall be eligible for
services as soon as the report is determined to be
"indicated". The Department may offer services to any child or
family with respect to whom a report of suspected child abuse
or neglect has been filed, prior to concluding its
investigation under Section 7.12 of the Abused and Neglected
Child Reporting Act. However, the child's or family's
willingness to accept services shall not be considered in the
investigation. The Department may also provide services to any
child or family who is the subject of any report of suspected
child abuse or neglect or may refer such child or family to
services available from other agencies in the community, even
if the report is determined to be unfounded, if the conditions
in the child's or family's home are reasonably likely to
subject the child or family to future reports of suspected
child abuse or neglect. Acceptance of such services shall be
voluntary. The Department may also provide services to any

HB5202 - 33 - LRB103 38453 CES 68589 b
child or family after completion of a family assessment, as an
alternative to an investigation, as provided under the
"differential response program" provided for in subsection
(a-5) of Section 7.4 of the Abused and Neglected Child
Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the

HB5202 - 34 - LRB103 38453 CES 68589 b
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. An independent basis
exists when the allegations or adjudication of abuse, neglect,
or dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to
attend any hearing involving a youth in the care and custody of
the Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and
stress of caring for a child who has been diagnosed with a
pervasive developmental disorder if the Department determines
that those services are necessary to ensure the health and

HB5202 - 35 - LRB103 38453 CES 68589 b
safety of the child. The Department may offer services to any
family whether or not a report has been filed under the Abused
and Neglected Child Reporting Act. The Department may refer
the child or family to services available from other agencies
in the community if the conditions in the child's or family's
home are reasonably likely to subject the child or family to
future reports of suspected child abuse or neglect. Acceptance
of these services shall be voluntary. The Department shall
develop and implement a public information campaign to alert
health and social service providers and the general public
about these special family preservation services. The nature
and scope of the services offered and the number of families
served under the special program implemented under this
paragraph shall be determined by the level of funding that the
Department annually allocates for this purpose. The term
"pervasive developmental disorder" under this paragraph means
a neurological condition, including, but not limited to,
Asperger's Syndrome and autism, as defined in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
(l-1) The General Assembly recognizes that the best
interests of the child require that the child be placed in the
most permanent living arrangement as soon as is practically
possible. To achieve this goal, the General Assembly directs
the Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the

HB5202 - 36 - LRB103 38453 CES 68589 b
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should

HB5202 - 37 - LRB103 38453 CES 68589 b
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family
to provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or by
the parent having custody of the child if the parents are
not living together or by the guardian or custodian of the
child if the child is not in the custody of either parent,
or

HB5202 - 38 - LRB103 38453 CES 68589 b
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in the child's residence without a
parent, guardian, custodian, or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian, or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until a
relative enters the home and is willing and able to ensure the
child's health and safety and assume charge of the child until
a parent, guardian, or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in

HB5202 - 39 - LRB103 38453 CES 68589 b
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987, shall have the
authority, responsibilities and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3 of
the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian, or custodian of a child in the
temporary custody of the Department who would have custody of
the child if the child were not in the temporary custody of the
Department may deliver to the Department a signed request that
the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for
10 days after the receipt of the request, during which period
the Department may cause to be filed a petition pursuant to the
Juvenile Court Act of 1987. If a petition is so filed, the
Department shall retain temporary custody of the child until
the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the
custody of the requesting parent, guardian, or custodian not
later than the expiration of the 10-day period, at which time
the authority and duties of the Department with respect to the
temporary custody of the child shall terminate.

HB5202 - 40 - LRB103 38453 CES 68589 b
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the
Director or the Director's designate prior to admission to the
facility subject to Section 2-27.1 of the Juvenile Court Act
of 1987. This subsection (m-1) does not apply to a child who is
subject to placement in a correctional facility operated
pursuant to Section 3-15-2 of the Unified Code of Corrections,
unless the child is a youth in care who was placed in the care
of the Department before being subject to placement in a
correctional facility and a court of competent jurisdiction
has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for board,
clothing, care, training and supervision of any child placed
in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care

HB5202 - 41 - LRB103 38453 CES 68589 b
facility for board, clothing, care, training, and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical disability,
social adjustment, or any combination thereof and suitable
facilities for the placement of such children are not
available at payment rates within the limitations set forth in
this Section. All reimbursements for services delivered shall
be absolutely inalienable by assignment, sale, attachment, or
garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services
under this Section through the Department of Children and
Family Services or by referral from the Department of Human
Services. Youth participating in services under this Section

HB5202 - 42 - LRB103 38453 CES 68589 b
shall cooperate with the assigned case manager in developing
an agreement identifying the services to be provided and how
the youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan.
The Department of Children and Family Services shall create
clear, readable notice of the rights of former foster youth to
child welfare services under this Section and how such
services may be obtained. The Department of Children and
Family Services and the Department of Human Services shall
disseminate this information statewide. The Department shall
adopt regulations describing services intended to assist
minors in achieving sustainable self-sufficiency as
independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the Department.
Youth in care who are placed by private child welfare
agencies, and foster families with whom those youth are
placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a

HB5202 - 43 - LRB103 38453 CES 68589 b
private agency decision by that agency. The Department shall
ensure that any private child welfare agency, which accepts
youth in care for placement, affords those rights to children
and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made
by (i) a child or foster family concerning a decision
following an initial review by a private child welfare agency
or (ii) a prospective adoptive parent who alleges a violation
of subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner. A court determination that a
current foster home placement is necessary and appropriate
under Section 2-28 of the Juvenile Court Act of 1987 does not
constitute a judicial determination on the merits of an
administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation, or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department, except that the benefits described in Section
5.46 must be used and conserved consistent with the provisions
under Section 5.46.
The Department shall set up and administer no-cost,

HB5202 - 44 - LRB103 38453 CES 68589 b
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for
Veterans' Benefits, Social Security benefits, assistance
allotments from the armed forces, court ordered payments,
parental voluntary payments, Supplemental Security Income,
Railroad Retirement payments, Black Lung benefits, or other
miscellaneous payments. Interest earned by each account shall
be credited to the account, unless disbursed in accordance
with this subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
Guardianship Administrator or the Guardianship
Administrator's designee must approve disbursements from
children's accounts. The Department shall be responsible
for keeping complete records of all disbursements for each
account for any purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of

HB5202 - 45 - LRB103 38453 CES 68589 b
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or the child's guardian, or to the issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all persons
who have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names
of such children who have not been placed for adoption. A list
of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and
of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and

HB5202 - 46 - LRB103 38453 CES 68589 b
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for
such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither
party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has

HB5202 - 47 - LRB103 38453 CES 68589 b
determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) In addition to other information that must be
provided, whenever the Department places a child with a
prospective adoptive parent or parents, in a licensed foster
home, group home, or child care institution, or in a relative
home, the Department shall provide to the prospective adoptive
parent or parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the child;
and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to

HB5202 - 48 - LRB103 38453 CES 68589 b
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker
shall be reviewed and approved regarding accuracy at the
supervisory level.

HB5202 - 49 - LRB103 38453 CES 68589 b
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Illinois State Police Law if the Department determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
Department shall provide for interactive computerized
communication and processing equipment that permits direct
on-line communication with the Illinois State Police's central
criminal history data repository. The Department shall comply
with all certification requirements and provide certified
operators who have been trained by personnel from the Illinois
State Police. In addition, one Office of the Inspector General

HB5202 - 50 - LRB103 38453 CES 68589 b
investigator shall have training in the use of the criminal
history information access system and have access to the
terminal. The Department of Children and Family Services and
its employees shall abide by rules and regulations established
by the Illinois State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child,
the Department shall conduct a criminal records background
check of the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted
if the record check reveals a felony conviction for child
abuse or neglect, for spousal abuse, for a crime against
children, or for a crime involving violence, including rape,
sexual assault, or homicide, but not including other physical
assault or battery, or if there is a felony conviction for
physical assault, battery, or a drug-related offense committed
within the past 5 years.
(v-2) Prior to final approval for placement of a child,
the Department shall check its child abuse and neglect
registry for information concerning prospective foster and
adoptive parents, and any adult living in the home. If any
prospective foster or adoptive parent or other adult living in
the home has resided in another state in the preceding 5 years,
the Department shall request a check of that other state's
child abuse and neglect registry.

HB5202 - 51 - LRB103 38453 CES 68589 b
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are
needed in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year

HB5202 - 52 - LRB103 38453 CES 68589 b
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit the employee's
or applicant's fingerprints to the Illinois State Police in
the form and manner prescribed by the Illinois State Police.
These fingerprints shall be checked against the fingerprint

HB5202 - 53 - LRB103 38453 CES 68589 b
records now and hereafter filed in the Illinois State Police
and the Federal Bureau of Investigation criminal history
records databases. The Illinois State Police shall charge a
fee for conducting the criminal history record check, which
shall be deposited into the State Police Services Fund and
shall not exceed the actual cost of the record check. The
Illinois State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Illinois State Police as a result of a fingerprint-based
criminal history records check of the Illinois criminal
history records database and the Federal Bureau of
Investigation criminal history records database concerning
a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Illinois State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of

HB5202 - 54 - LRB103 38453 CES 68589 b
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
Section 615. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:

HB5202 - 55 - LRB103 38453 CES 68589 b
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.

HB5202 - 56 - LRB103 38453 CES 68589 b
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of

HB5202 - 57 - LRB103 38453 CES 68589 b
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).

HB5202 - 58 - LRB103 38453 CES 68589 b
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding

HB5202 - 59 - LRB103 38453 CES 68589 b
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under

HB5202 - 60 - LRB103 38453 CES 68589 b
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.

HB5202 - 61 - LRB103 38453 CES 68589 b
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed

HB5202 - 62 - LRB103 38453 CES 68589 b
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.

HB5202 - 63 - LRB103 38453 CES 68589 b
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.

HB5202 - 64 - LRB103 38453 CES 68589 b
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector

HB5202 - 65 - LRB103 38453 CES 68589 b
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection

HB5202 - 66 - LRB103 38453 CES 68589 b
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).

HB5202 - 67 - LRB103 38453 CES 68589 b
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established

HB5202 - 68 - LRB103 38453 CES 68589 b
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of

HB5202 - 69 - LRB103 38453 CES 68589 b
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) (Blank). Information and records held by the
Department of Public Health and its authorized
representatives collected under the Reproductive Health

HB5202 - 70 - LRB103 38453 CES 68589 b
Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure

HB5202 - 71 - LRB103 38453 CES 68589 b
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.

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(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 620. The Counties Code is amended by changing
Section 3-3013 as follows:
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever,
as soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is

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suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal, or accidental, including, but not
limited to, deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical, or radiational
injury, or a complication of any of them, or by drowning or
suffocation, or as a result of domestic violence as
defined in the Illinois Domestic Violence Act of 1986;
(b) A maternal or fetal death due to abortion, or any
death due to a sex crime or a crime against nature;
(c) A death where the circumstances are suspicious,
obscure, mysterious, or otherwise unexplained or where, in
the written opinion of the attending physician, the cause
of death is not determined;
(d) A death where addiction to alcohol or to any drug
may have been a contributory cause; or
(e) A death where the decedent was not attended by a
licensed physician;
shall go to the place where the dead body is and take charge of
the same and shall make a preliminary investigation into the
circumstances of the death. In the case of death without
attendance by a licensed physician, the body may be moved with
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify
such physician as is designated in accordance with Section
3-3014 to attempt to ascertain the cause of death, either by

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autopsy or otherwise.
In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected
operator of a motor vehicle, or (2) a pedestrian 16 years of
age or older, the coroner shall require that a blood specimen
of at least 30 cc., and if medically possible a urine specimen
of at least 30 cc. or as much as possible up to 30 cc., be
withdrawn from the body of the decedent in a timely fashion
after the crash causing his death, by such physician as has
been designated in accordance with Section 3-3014, or by the
coroner or deputy coroner or a qualified person designated by
such physician, coroner, or deputy coroner. If the county does
not maintain laboratory facilities for making such analysis,
the blood and urine so drawn shall be sent to the Illinois
State Police or any other accredited or State-certified
laboratory for analysis of the alcohol, carbon monoxide, and
dangerous or narcotic drug content of such blood and urine
specimens. Each specimen submitted shall be accompanied by
pertinent information concerning the decedent upon a form
prescribed by such laboratory. Any person drawing blood and
urine and any person making any examination of the blood and
urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred
or imposed.
In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e)

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above, blood, and, whenever possible, urine samples shall be
analyzed for the presence of alcohol and other drugs. When the
coroner suspects that drugs may have been involved in the
death, either directly or indirectly, a toxicological
examination shall be performed which may include analyses of
blood, urine, bile, gastric contents, and other tissues. When
the coroner suspects a death is due to toxic substances, other
than drugs, the coroner shall consult with the toxicologist
prior to collection of samples. Information submitted to the
toxicologist shall include information as to height, weight,
age, sex, and race of the decedent as well as medical history,
medications used by, and the manner of death of the decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical
examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit

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the specimens using the agency case number to a National DNA
Index System (NDIS) participating laboratory within this
State, such as the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings. The results of the analysis and categorizing into
genetic marker groupings shall be provided to the Illinois
State Police and shall be maintained by the Illinois State
Police in the State central repository in the same manner, and
subject to the same conditions, as provided in Section 5-4-3
of the Unified Code of Corrections. The requirements of this
paragraph are in addition to any other findings, specimens, or
information that the coroner or medical examiner is required
to provide during the conduct of a criminal investigation.
In all counties, in cases of apparent suicide, homicide,
or accidental death or in other cases, within the discretion
of the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgment which the coroner deems practical and
provides a reliable proof of service. The summons may be
served by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.
Inquests may be continued from time to time, as the coroner may

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deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the
vacancy or vacancies. At the coroner's discretion, additional
jurors to fill such vacancies shall be supplied by the jury
commission. A juror serving pursuant to this paragraph in such
county shall receive compensation from the county at the same

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rate as the rate of compensation that is paid to petit or grand
jurors in the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in
a manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Illinois State Police.

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All deaths in State institutions and all deaths of wards
of the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by
the Department of Children and Family Services shall be
reported to the coroner of the county in which the facility is
located. If the coroner has reason to believe that an
investigation is needed to determine whether the death was
caused by maltreatment or negligent care of the ward of the
State or youth in care as defined in Section 4d of the Children
and Family Services Act, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases
of death under circumstances set forth in subparagraphs (a)
through (e) of this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;
103-154, eff. 6-30-23.)
Section 625. The Ambulatory Surgical Treatment Center Act
is amended by changing Section 2, and 3 as follows:
(210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
Sec. 2. It is declared to be the public policy that the
State has a legitimate interest in assuring that all medical
procedures, including abortions, are performed under

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circumstances that insure maximum safety. Therefore, the
purpose of this Act is to provide for the better protection of
the public health through the development, establishment, and
enforcement of standards (1) for the care of individuals in
ambulatory surgical treatment centers, and (2) for the
construction, maintenance and operation of ambulatory surgical
treatment centers, which, in light of advancing knowledge,
will promote safe and adequate treatment of such individuals
in ambulatory surgical treatment centers.
(Source: P.A. 101-13, eff. 6-12-19.)
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
(A) "Ambulatory surgical treatment center" means any
institution, place or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures. "Ambulatory surgical treatment center"
includes any place that meets and complies with the definition
of an ambulatory surgical treatment center under the rules
adopted by the Department or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,

HB5202 - 81 - LRB103 38453 CES 68589 b
facilities devoted exclusively to the treatment of children
may provide accommodations and beds for their patients for up
to 23 hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred
to a hospital.
The term "ambulatory surgical treatment center" does not
include any of the following:
(1) Any institution, place, building or agency
required to be licensed pursuant to the "Hospital
Licensing Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act.
(3) Hospitals or ambulatory surgical treatment centers
maintained by the State or any department or agency
thereof, where such department or agency has authority
under law to establish and enforce standards for the
hospitals or ambulatory surgical treatment centers under
its management and control.
(4) Hospitals or ambulatory surgical treatment centers
maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted
exclusively to the performance of dental or oral surgical

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procedures.
(6) Any facility in which the performance of abortion
procedures, including procedures to terminate a pregnancy
or to manage pregnancy loss, is limited to those performed
without general, epidural, or spinal anesthesia, and which
is not otherwise required to be an ambulatory surgical
treatment center. For purposes of this paragraph,
"general, epidural, or spinal anesthesia" does not include
local anesthesia or intravenous sedation. Nothing in this
paragraph shall be construed to limit any such facility
from voluntarily electing to apply for licensure as an
ambulatory surgical treatment center.
(B) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of the Department of
Public Health of the State of Illinois.
(E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.
(F) "Dentist" means a person licensed to practice
dentistry under the Illinois Dental Practice Act.
(G) "Podiatric physician" means a person licensed to
practice podiatry under the Podiatric Medical Practice Act of
1987.

HB5202 - 83 - LRB103 38453 CES 68589 b
(Source: P.A. 101-13, eff. 6-12-19.)
Section 630. The Illinois Insurance Code is amended by
changing Section 356z.4 and adding 356z.4a as follows:
(215 ILCS 5/356z.4)
Sec. 356z.4. Coverage for contraceptives.
(a)(1) The General Assembly hereby finds and declares all
of the following:
(A) Illinois has a long history of expanding timely
access to birth control to prevent unintended pregnancy.
(B) The federal Patient Protection and Affordable Care
Act includes a contraceptive coverage guarantee as part of
a broader requirement for health insurance to cover key
preventive care services without out-of-pocket costs for
patients.
(C) The General Assembly intends to build on existing
State and federal law to promote gender equity and women's
health and to ensure greater contraceptive coverage equity
and timely access to all federal Food and Drug
Administration approved methods of birth control for all
individuals covered by an individual or group health
insurance policy in Illinois.
(D) Medical management techniques such as denials,
step therapy, or prior authorization in public and private
health care coverage can impede access to the most

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effective contraceptive methods.
(2) As used in this subsection (a):
"Contraceptive services" includes consultations,
examinations, procedures, and medical services related to the
use of contraceptive methods (including natural family
planning) to prevent an unintended pregnancy.
"Medical necessity", for the purposes of this subsection
(a), includes, but is not limited to, considerations such as
severity of side effects, differences in permanence and
reversibility of contraceptive, and ability to adhere to the
appropriate use of the item or service, as determined by the
attending provider.
"Therapeutic equivalent version" means drugs, devices, or
products that can be expected to have the same clinical effect
and safety profile when administered to patients under the
conditions specified in the labeling and satisfy the following
general criteria:
(i) they are approved as safe and effective;
(ii) they are pharmaceutical equivalents in that they
(A) contain identical amounts of the same active drug
ingredient in the same dosage form and route of
administration and (B) meet compendial or other applicable
standards of strength, quality, purity, and identity;
(iii) they are bioequivalent in that (A) they do not
present a known or potential bioequivalence problem and
they meet an acceptable in vitro standard or (B) if they do

HB5202 - 85 - LRB103 38453 CES 68589 b
present such a known or potential problem, they are shown
to meet an appropriate bioequivalence standard;
(iv) they are adequately labeled; and
(v) they are manufactured in compliance with Current
Good Manufacturing Practice regulations.
(3) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after the effective date of this amendatory Act of the 99th
General Assembly shall provide coverage for all of the
following services and contraceptive methods:
(A) All contraceptive drugs, devices, and other
products approved by the United States Food and Drug
Administration. This includes all over-the-counter
contraceptive drugs, devices, and products approved by the
United States Food and Drug Administration, excluding male
condoms, except as provided in the current comprehensive
guidelines supported by the Health Resources and Services
Administration. The following apply:
(i) If the United States Food and Drug
Administration has approved one or more therapeutic
equivalent versions of a contraceptive drug, device,
or product, a policy is not required to include all
such therapeutic equivalent versions in its formulary,
so long as at least one is included and covered without
cost-sharing and in accordance with this Section.
(ii) If an individual's attending provider

HB5202 - 86 - LRB103 38453 CES 68589 b
recommends a particular service or item approved by
the United States Food and Drug Administration based
on a determination of medical necessity with respect
to that individual, the plan or issuer must cover that
service or item without cost sharing. The plan or
issuer must defer to the determination of the
attending provider.
(iii) If a drug, device, or product is not
covered, plans and issuers must have an easily
accessible, transparent, and sufficiently expedient
process that is not unduly burdensome on the
individual or a provider or other individual acting as
a patient's authorized representative to ensure
coverage without cost sharing.
(iv) This coverage must provide for the dispensing
of 12 months' worth of contraception at one time.
(B) Voluntary sterilization procedures.
(C) Contraceptive services, patient education, and
counseling on contraception.
(D) Follow-up services related to the drugs, devices,
products, and procedures covered under this Section,
including, but not limited to, management of side effects,
counseling for continued adherence, and device insertion
and removal.
(4) Except as otherwise provided in this subsection (a), a
policy subject to this subsection (a) shall not impose a

HB5202 - 87 - LRB103 38453 CES 68589 b
deductible, coinsurance, copayment, or any other cost-sharing
requirement on the coverage provided. The provisions of this
paragraph do not apply to coverage of voluntary male
sterilization procedures to the extent such coverage would
disqualify a high-deductible health plan from eligibility for
a health savings account pursuant to the federal Internal
Revenue Code, 26 U.S.C. 223.
(5) Except as otherwise authorized under this subsection
(a), a policy shall not impose any restrictions or delays on
the coverage required under this subsection (a).
(6) If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in
the Federal Register or publishes a comment in the Federal
Register or issues an opinion, guidance, or other action that
would require the State, pursuant to any provision of the
Patient Protection and Affordable Care Act (Public Law
111-148), including, but not limited to, 42 U.S.C.
18031(d)(3)(B) or any successor provision, to defray the cost
of any coverage outlined in this subsection (a), then this
subsection (a) is inoperative with respect to all coverage
outlined in this subsection (a) other than that authorized
under Section 1902 of the Social Security Act, 42 U.S.C.
1396a, and the State shall not assume any obligation for the
cost of the coverage set forth in this subsection (a).
(b) This subsection (b) shall become operative if and only

HB5202 - 88 - LRB103 38453 CES 68589 b
if subsection (a) becomes inoperative.
An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after the date this subsection (b) becomes operative that
provides coverage for outpatient services and outpatient
prescription drugs or devices must provide coverage for the
insured and any dependent of the insured covered by the policy
for all outpatient contraceptive services and all outpatient
contraceptive drugs and devices approved by the Food and Drug
Administration. Coverage required under this Section may not
impose any deductible, coinsurance, waiting period, or other
cost-sharing or limitation that is greater than that required
for any outpatient service or outpatient prescription drug or
device otherwise covered by the policy.
Nothing in this subsection (b) shall be construed to
require an insurance company to cover services related to
permanent sterilization that requires a surgical procedure.
As used in this subsection (b), "outpatient contraceptive
service" means consultations, examinations, procedures, and
medical services, provided on an outpatient basis and related
to the use of contraceptive methods (including natural family
planning) to prevent an unintended pregnancy.
(c) Nothing in this Section shall be construed to require
an insurance company to cover services related to an abortion
as the term "abortion" is defined in the Illinois Abortion Law
of 2024. (Blank).

HB5202 - 89 - LRB103 38453 CES 68589 b
(d) If a plan or issuer utilizes a network of providers,
nothing in this Section shall be construed to require coverage
or to prohibit the plan or issuer from imposing cost-sharing
for items or services described in this Section that are
provided or delivered by an out-of-network provider, unless
the plan or issuer does not have in its network a provider who
is able to or is willing to provide the applicable items or
services.
(Source: P.A. 103-551, eff. 8-11-23.)
(215 ILCS 5/356z.4a rep.)
Section 632. The Illinois Insurance Code is amended by
repealing Section 356z.4a.
Section 635. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 140,
141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v,
356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,

HB5202 - 90 - LRB103 38453 CES 68589 b
356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22,
356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30,
356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35,
356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44,
356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51,
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59,
356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68,
364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,
XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
Insurance Code.
(b) For purposes of the Illinois Insurance Code, except
for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
Health Maintenance Organizations in the following categories
are deemed to be "domestic companies":
(1) a corporation authorized under the Dental Service
Plan Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article VIII

HB5202 - 91 - LRB103 38453 CES 68589 b
1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to
the continuation of benefits to enrollees and the
financial conditions of the acquired Health Maintenance
Organization after the merger, consolidation, or other
acquisition of control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and
the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as of
a date 90 days prior to the acquisition, as well as pro

HB5202 - 92 - LRB103 38453 CES 68589 b
forma financial statements reflecting projected
combined operation for a period of 2 years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the operation
of the Health Maintenance Organization sought to be
acquired for a period of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including, without limitation, the health
maintenance organization's right, title, and interest in and
to its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code,
take into account the effect of the management contract or
service agreement on the continuation of benefits to enrollees
and the financial condition of the health maintenance
organization to be managed or serviced, and (ii) need not take
into account the effect of the management contract or service
agreement on competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health

HB5202 - 93 - LRB103 38453 CES 68589 b
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a
Health Maintenance Organization may by contract agree with a
group or other enrollment unit to effect refunds or charge
additional premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth
in the group or enrollment unit contract agreed in advance
of the period for which a refund is to be paid or
additional premium is to be charged (which period shall
not be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to be
made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the profitable
or unprofitable experience may be calculated taking into
account the refund period and the immediately preceding 2
plan years.

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The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and
the resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(g) Rulemaking authority to implement Public Act 95-1045,
if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

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102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
Section 640. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402,
403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
Section 367 of the Illinois Insurance Code.

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Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.
10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,
eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
103-551, eff. 8-11-23; revised 8-29-23.)
Section 645. The Medical Practice Act of 1987 is amended
by changing Sections 22 and 36 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing

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fines not to exceed $10,000 for each violation, upon any of the
following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than: (Blank).
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and
enforce standards for the ambulatory surgical
treatment centers, hospitalizations, or care
facilities under its management and control;
(d) ambulatory surgical treatment centers,
hospitalization, or care facilities maintained by the
federal government; or
(e) ambulatory surgical treatment centers,
hospitalization, or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a willful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed. (Blank).

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(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances which results in the inability to
practice with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.

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(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine, or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.

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(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another

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person to omit to file or record, medical reports as
required by law, or willfully failing to report an
instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents, or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not
rendered, including, but not limited to, filing such false
statements for collection of monies for services not
rendered from the medical assistance program of the
Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the

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inability to practice under this Act with reasonable
judgment, skill, or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating State or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any
peer review body, by any health care institution, by any
professional society or association related to practice

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under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of
a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or
conduct which would constitute grounds for action as
defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.

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(39) Violating the Health Care Worker Self-Referral
Act.
(40) (Blank).
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing

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evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt
by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or
cause of action in favor of the claimant or the reduction to

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final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the person be
permitted to resume his or her practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the

HB5202 - 107 - LRB103 38453 CES 68589 b
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the Medical
Board, shall adopt rules which set forth standards to be used
in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of
an act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Board, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or holds a permit to
practice under this Act, or any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a
mental or physical examination and evaluation, or both, which

HB5202 - 108 - LRB103 38453 CES 68589 b
may include a substance abuse or sexual offender evaluation,
as required by the Medical Board and at the expense of the
Department. The Medical Board shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Board or the Department may order the

HB5202 - 109 - LRB103 38453 CES 68589 b
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Medical Board finds a physician unable
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Board shall
require such physician to submit to care, counseling, or

HB5202 - 110 - LRB103 38453 CES 68589 b
treatment by physicians, or other health care professionals,
approved or designated by the Medical Board, as a condition
for issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Section 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined, or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Medical Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the

HB5202 - 111 - LRB103 38453 CES 68589 b
provisions of his or her license.
The Medical Board, in determining mental capacity of an
individual licensed under this Act, shall consider the latest
recommendations of the Federation of State Medical Boards.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this
subsection B shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without

HB5202 - 112 - LRB103 38453 CES 68589 b
operative surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device;
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics;
(3) based solely upon the physician providing,
authorizing, recommending, aiding, assisting, referring
for, or otherwise participating in any health care
service, so long as the care was not unlawful under the
laws of this State, regardless of whether the patient was
a resident of this State or another state; or
(4) based upon the physician's license being revoked
or suspended, or the physician being otherwise disciplined
by any other state, if that revocation, suspension, or
other form of discipline was based solely on the physician
violating another state's laws prohibiting the provision
of, authorization of, recommendation of, aiding or

HB5202 - 113 - LRB103 38453 CES 68589 b
assisting in, referring for, or participation in any
health care service if that health care service as
provided would not have been unlawful under the laws of
this State and is consistent with the standards of conduct
for the physician if it occurred in Illinois.
(D) (Blank).
(E) The conduct specified in subsection (C) shall not
trigger reporting requirements under Section 23, constitute
grounds for suspension under Section 25, or be included on the
physician's profile required under Section 10 of the Patients'
Right to Know Act.
(F) An applicant seeking licensure, certification, or
authorization pursuant to this Act and who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that the
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of the
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(G) The Department may adopt rules to implement the

HB5202 - 114 - LRB103 38453 CES 68589 b
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
1-1-24.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on January 1, 2027)
Sec. 36. Investigation; notice.
(a) Upon the motion of either the Department or the
Medical Board or upon the verified complaint in writing of any
person setting forth facts which, if proven, would constitute
grounds for suspension or revocation under Section 22 of this
Act, the Department shall investigate the actions of any
person, so accused, who holds or represents that he or she
holds a license. Such person is hereinafter called the
accused.
(b) The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges before
the Medical Board, direct him or her to file his or her written
answer thereto to the Medical Board under oath within 20 days
after the service on him or her of such notice and inform him

HB5202 - 115 - LRB103 38453 CES 68589 b
or her that if he or she fails to file such answer default will
be taken against him or her and his or her license may be
suspended, revoked, placed on probationary status, or have
other disciplinary action, including limiting the scope,
nature or extent of his or her practice, as the Department may
deem proper taken with regard thereto. The Department shall,
at least 14 days prior to the date set for the hearing, notify
in writing any person who filed a complaint against the
accused of the time and place for the hearing of the charges
against the accused before the Medical Board and inform such
person whether he or she may provide testimony at the hearing.
(c) Where a physician has been found, upon complaint and
investigation of the Department, and after hearing, to have
performed an abortion procedure in a wilful and wanton manner
upon a woman who was not pregnant at the time such abortion
procedure was performed, the Department shall automatically
revoke the license of such physician to practice medicine in
this State. (Blank).
(d) Such written notice and any notice in such proceedings
thereafter may be served by personal delivery, email to the
respondent's email address of record, or mail to the
respondent's address of record.
(e) All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, the Medical Board,

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the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the Medical
Board's attorneys, the medical investigative staff, and
authorized clerical staff, as provided in this Act and shall
be afforded the same status as is provided information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure, except that the Department may
disclose information and documents to a federal, State, or
local law enforcement agency pursuant to a subpoena in an
ongoing criminal investigation to a health care licensing body
of this State or another state or jurisdiction pursuant to an
official request made by that licensing body. Furthermore,
information and documents disclosed to a federal, State, or
local law enforcement agency may be used by that agency only
for the investigation and prosecution of a criminal offense
or, in the case of disclosure to a health care licensing body,
only for investigations and disciplinary action proceedings
with regard to a license issued by that licensing body.
(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
102-20, eff. 1-1-22; 102-558, eff. 8-20-21.)
Section 650. The Nurse Practice Act is amended by changing
Sections 65-35 and 65-43 as follows:
(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
(Section scheduled to be repealed on January 1, 2028)

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Sec. 65-35. Written collaborative agreements.
(a) A written collaborative agreement is required for all
advanced practice registered nurses engaged in clinical
practice prior to meeting the requirements of Section 65-43,
except for advanced practice registered nurses who are
privileged to practice in a hospital, hospital affiliate, or
ambulatory surgical treatment center.
(a-5) If an advanced practice registered nurse engages in
clinical practice outside of a hospital, hospital affiliate,
or ambulatory surgical treatment center in which he or she is
privileged to practice, the advanced practice registered nurse
must have a written collaborative agreement, except as set
forth in Section 65-43.
(b) A written collaborative agreement shall describe the
relationship of the advanced practice registered nurse with
the collaborating physician and shall describe the categories
of care, treatment, or procedures to be provided by the
advanced practice registered nurse. A collaborative agreement
with a podiatric physician must be in accordance with
subsection (c-5) or (c-15) of this Section. A collaborative
agreement with a dentist must be in accordance with subsection
(c-10) of this Section. A collaborative agreement with a
podiatric physician must be in accordance with subsection
(c-5) of this Section. Collaboration does not require an
employment relationship between the collaborating physician
and the advanced practice registered nurse.

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The collaborative relationship under an agreement shall
not be construed to require the personal presence of a
collaborating physician at the place where services are
rendered. Methods of communication shall be available for
consultation with the collaborating physician in person or by
telecommunications or electronic communications as set forth
in the written agreement.
(b-5) Absent an employment relationship, a written
collaborative agreement may not (1) restrict the categories of
patients of an advanced practice registered nurse within the
scope of the advanced practice registered nurses training and
experience, (2) limit third party payors or government health
programs, such as the medical assistance program or Medicare
with which the advanced practice registered nurse contracts,
or (3) limit the geographic area or practice location of the
advanced practice registered nurse in this State.
(c) In the case of anesthesia services provided by a
certified registered nurse anesthetist, an anesthesiologist, a
physician, a dentist, or a podiatric physician must
participate through discussion of and agreement with the
anesthesia plan and remain physically present and available on
the premises during the delivery of anesthesia services for
diagnosis, consultation, and treatment of emergency medical
conditions.
(c-5) A certified registered nurse anesthetist, who
provides anesthesia services outside of a hospital or

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ambulatory surgical treatment center shall enter into a
written collaborative agreement with an anesthesiologist or
the physician licensed to practice medicine in all its
branches or the podiatric physician performing the procedure.
Outside of a hospital or ambulatory surgical treatment center,
the certified registered nurse anesthetist may provide only
those services that the collaborating podiatric physician is
authorized to provide pursuant to the Podiatric Medical
Practice Act of 1987 and rules adopted thereunder. A certified
registered nurse anesthetist may select, order, and administer
medication, including controlled substances, and apply
appropriate medical devices for delivery of anesthesia
services under the anesthesia plan agreed with by the
anesthesiologist or the operating physician or operating
podiatric physician.
(c-10) A certified registered nurse anesthetist who
provides anesthesia services in a dental office shall enter
into a written collaborative agreement with an
anesthesiologist or the physician licensed to practice
medicine in all its branches or the operating dentist
performing the procedure. The agreement shall describe the
working relationship of the certified registered nurse
anesthetist and dentist and shall authorize the categories of
care, treatment, or procedures to be performed by the
certified registered nurse anesthetist. In a collaborating
dentist's office, the certified registered nurse anesthetist

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may only provide those services that the operating dentist
with the appropriate permit is authorized to provide pursuant
to the Illinois Dental Practice Act and rules adopted
thereunder. For anesthesia services, an anesthesiologist,
physician, or operating dentist shall participate through
discussion of and agreement with the anesthesia plan and shall
remain physically present and be available on the premises
during the delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical conditions. A
certified registered nurse anesthetist may select, order, and
administer medication, including controlled substances, and
apply appropriate medical devices for delivery of anesthesia
services under the anesthesia plan agreed with by the
operating dentist.
(c-15) An advanced practice registered nurse who had a
written collaborative agreement with a podiatric physician
immediately before the effective date of Public Act 100-513
may continue in that collaborative relationship or enter into
a new written collaborative relationship with a podiatric
physician under the requirements of this Section and Section
65-40, as those Sections existed immediately before the
amendment of those Sections by Public Act 100-513 with regard
to a written collaborative agreement between an advanced
practice registered nurse and a podiatric physician.
(d) A copy of the signed, written collaborative agreement
must be available to the Department upon request from both the

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advanced practice registered nurse and the collaborating
physician, dentist, or podiatric physician.
(e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons in accordance with Section 54.2 of the Medical
Practice Act of 1987. Nothing in this Act shall be construed to
limit the method of delegation that may be authorized by any
means, including, but not limited to, oral, written,
electronic, standing orders, protocols, guidelines, or verbal
orders.
(e-5) Nothing in this Act shall be construed to authorize
an advanced practice registered nurse to provide health care
services required by law or rule to be performed by a
physician, including those acts to be performed by a physician
in Section 3.1 of the Illinois Abortion Law of 2024. The scope
of practice of an advanced practice registered nurse does not
include operative surgery. Nothing in this Section shall be
construed to preclude an advanced practice registered nurse
from assisting in surgery.
(f) An advanced practice registered nurse shall inform
each collaborating physician, dentist, or podiatric physician
of all collaborative agreements he or she has signed and
provide a copy of these to any collaborating physician,
dentist, or podiatric physician upon request.
(g) (Blank).

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(Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18;
100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
(225 ILCS 65/65-43)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-43. Full practice authority.
(a) An Illinois-licensed advanced practice registered
nurse certified as a nurse practitioner, nurse midwife, or
clinical nurse specialist shall be deemed by law to possess
the ability to practice without a written collaborative
agreement as set forth in this Section.
(b) An advanced practice registered nurse certified as a
nurse midwife, clinical nurse specialist, or nurse
practitioner who files with the Department a notarized
attestation of completion of at least 250 hours of continuing
education or training and at least 4,000 hours of clinical
experience after first attaining national certification shall
not require a written collaborative agreement. Documentation
of successful completion shall be provided to the Department
upon request.
Continuing education or training hours required by
subsection (b) shall be in the advanced practice registered
nurse's area of certification as set forth by Department rule.
The clinical experience must be in the advanced practice
registered nurse's area of certification. The clinical
experience shall be in collaboration with a physician or

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physicians. Completion of the clinical experience must be
attested to by the collaborating physician or physicians or
employer and the advanced practice registered nurse. If the
collaborating physician or physicians or employer is unable to
attest to the completion of the clinical experience, the
Department may accept other evidence of clinical experience as
established by rule.
(c) The scope of practice of an advanced practice
registered nurse with full practice authority includes:
(1) all matters included in subsection (c) of Section
65-30 of this Act;
(2) practicing without a written collaborative
agreement in all practice settings consistent with
national certification;
(3) authority to prescribe both legend drugs and
Schedule II through V controlled substances; this
authority includes prescription of, selection of, orders
for, administration of, storage of, acceptance of samples
of, and dispensing over the counter medications, legend
drugs, and controlled substances categorized as any
Schedule II through V controlled substances, as defined in
Article II of the Illinois Controlled Substances Act, and
other preparations, including, but not limited to,
botanical and herbal remedies;
(4) prescribing Schedule II narcotic drugs, such as
opioids, only in a consultation relationship with a

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physician; this consultation relationship shall be
recorded in the Prescription Monitoring Program website,
pursuant to Section 316 of the Illinois Controlled
Substances Act, by the physician and advanced practice
registered nurse with full practice authority and is not
required to be filed with the Department; the specific
Schedule II narcotic drug must be identified by either
brand name or generic name; the specific Schedule II
narcotic drug, such as an opioid, may be administered by
oral dosage or topical or transdermal application;
delivery by injection or other route of administration is
not permitted; at least monthly, the advanced practice
registered nurse and the physician must discuss the
condition of any patients for whom an opioid is
prescribed; nothing in this subsection shall be construed
to require a prescription by an advanced practice
registered nurse with full practice authority to require a
physician name;
(4.5) prescribing up to a 120-day supply of
benzodiazepines without a consultation relationship with a
physician; thereafter, continued prescription of
benzodiazepines shall require a consultation with a
physician; nothing in this subsection shall be construed
to require a prescription by an advanced practice
registered nurse with full practice authority to require a
physician name;

HB5202 - 125 - LRB103 38453 CES 68589 b
(5) authority to obtain an Illinois controlled
substance license and a federal Drug Enforcement
Administration number; and
(6) use of only local anesthetic.
The scope of practice of an advanced practice registered
nurse does not include operative surgery. Nothing in this
Section shall be construed to preclude an advanced practice
registered nurse from assisting in surgery.
(d) The Department may adopt rules necessary to administer
this Section, including, but not limited to, requiring the
completion of forms and the payment of fees.
(e) Nothing in this Act shall be construed to authorize an
advanced practice registered nurse with full practice
authority to provide health care services required by law or
rule to be performed by a physician, including, but not
limited to, those acts to be performed by a physician in
Section 3.1 of the Illinois Abortion Law of 2024.
(Source: P.A. 102-75, eff. 1-1-22; 103-60, eff. 1-1-24.)
Section 653. The Physician Assistant Practice Act of 1987
is amended by changing Section 7.5 as follows:
(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7.5. Written collaborative agreements; prescriptive
authority.

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(a) A written collaborative agreement is required for all
physician assistants to practice in the State, except as
provided in Section 7.7 of this Act.
(1) A written collaborative agreement shall describe
the working relationship of the physician assistant with
the collaborating physician and shall describe the
categories of care, treatment, or procedures to be
provided by the physician assistant. The written
collaborative agreement shall promote the exercise of
professional judgment by the physician assistant
commensurate with his or her education and experience. The
services to be provided by the physician assistant shall
be services that the collaborating physician is authorized
to and generally provides to his or her patients in the
normal course of his or her clinical medical practice. The
written collaborative agreement need not describe the
exact steps that a physician assistant must take with
respect to each specific condition, disease, or symptom
but must specify which authorized procedures require the
presence of the collaborating physician as the procedures
are being performed. The relationship under a written
collaborative agreement shall not be construed to require
the personal presence of a physician at the place where
services are rendered. Methods of communication shall be
available for consultation with the collaborating
physician in person or by telecommunications or electronic

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communications as set forth in the written collaborative
agreement. For the purposes of this Act, "generally
provides to his or her patients in the normal course of his
or her clinical medical practice" means services, not
specific tasks or duties, the collaborating physician
routinely provides individually or through delegation to
other persons so that the physician has the experience and
ability to collaborate and provide consultation.
(2) The written collaborative agreement shall be
adequate if a physician does each of the following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the
physician assistant and he or she periodically reviews
such orders and the services provided patients under
such orders in accordance with accepted standards of
medical practice and physician assistant practice.
(B) Provides consultation at least once a month.
(3) A copy of the signed, written collaborative
agreement must be available to the Department upon request
from both the physician assistant and the collaborating
physician.
(4) A physician assistant shall inform each
collaborating physician of all written collaborative
agreements he or she has signed and provide a copy of these
to any collaborating physician upon request.
(b) A collaborating physician may, but is not required to,

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delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement. This authority may,
but is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing medical devices, over-the-counter
over the counter medications, legend drugs, medical gases, and
controlled substances categorized as Schedule II through V
controlled substances, as defined in Article II of the
Illinois Controlled Substances Act, and other preparations,
including, but not limited to, botanical and herbal remedies.
The collaborating physician must have a valid, current
Illinois controlled substance license and federal registration
with the Drug Enforcement Administration to delegate the
authority to prescribe controlled substances.
(1) To prescribe Schedule II, III, IV, or V controlled
substances under this Section, a physician assistant must
obtain a mid-level practitioner controlled substances
license. Medication orders issued by a physician assistant
shall be reviewed periodically by the collaborating
physician.
(2) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority
to a physician assistant and termination of delegation,
specifying the authority delegated or terminated. Upon
receipt of this notice delegating authority to prescribe
controlled substances, the physician assistant shall be

HB5202 - 129 - LRB103 38453 CES 68589 b
eligible to register for a mid-level practitioner
controlled substances license under Section 303.05 of the
Illinois Controlled Substances Act. Nothing in this Act
shall be construed to limit the delegation of tasks or
duties by the collaborating physician to a nurse or other
appropriately trained persons in accordance with Section
54.2 of the Medical Practice Act of 1987.
(3) In addition to the requirements of this subsection
(b), a collaborating physician may, but is not required
to, delegate authority to a physician assistant to
prescribe Schedule II controlled substances, if all of the
following conditions apply:
(A) Specific Schedule II controlled substances by
oral dosage or topical or transdermal application may
be delegated, provided that the delegated Schedule II
controlled substances are routinely prescribed by the
collaborating physician. This delegation must identify
the specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection or
other route of administration may not be delegated.
(B) (Blank).
(C) Any prescription must be limited to no more
than a 30-day supply, with any continuation authorized
only after prior approval of the collaborating
physician.

HB5202 - 130 - LRB103 38453 CES 68589 b
(D) The physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the collaborating
physician.
(E) The physician assistant meets the education
requirements of Section 303.05 of the Illinois
Controlled Substances Act.
(c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
Nothing in this Act shall be construed to authorize a
physician assistant to provide health care services required
by law or rule to be performed by a physician. Nothing in this
Act shall be construed to authorize the delegation or
performance of operative surgery. Nothing in this Section
shall be construed to preclude a physician assistant from
assisting in surgery.
(c-5) Nothing in this Section shall be construed to apply
to any medication authority, including Schedule II controlled
substances of a licensed physician assistant for care provided
in a hospital, hospital affiliate, federally qualified health
center, or ambulatory surgical treatment center pursuant to

HB5202 - 131 - LRB103 38453 CES 68589 b
Section 7.7 of this Act.
(d) (Blank).
(e) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
revised 1-2-24.)
Section 655. The Vital Records Act is amended by changing
Section 1 as follows:
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
Sec. 1. As used in this Act, unless the context otherwise
requires:
(1) "Vital records" means records of births, deaths, fetal
deaths, marriages, dissolution of marriages, and data related
thereto.
(2) "System of vital records" includes the registration,
collection, preservation, amendment, and certification of
vital records, and activities related thereto.
(3) "Filing" means the presentation of a certificate,
report, or other record provided for in this Act, of a birth,
death, fetal death, adoption, marriage, or dissolution of
marriage, for registration by the Office of Vital Records.
(4) "Registration" means the acceptance by the Office of
Vital Records and the incorporation in its official records of
certificates, reports, or other records provided for in this

HB5202 - 132 - LRB103 38453 CES 68589 b
Act, of births, deaths, fetal deaths, adoptions, marriages, or
dissolution of marriages.
(5) "Live birth" means the complete expulsion or
extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, which after such
separation breathes or shows any other evidence of life such
as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles, whether or not the
umbilical cord has been cut or the placenta is attached.
(6) "Fetal death" means death prior to the complete
expulsion or extraction from its mother the uterus of a
product of human conception, irrespective of the duration of
pregnancy; the , and which is not due to an abortion as defined
in Section 1-10 of the Reproductive Health Act. The death is
indicated by the fact that after such separation the fetus
does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles.
(7) "Dead body" means a lifeless human body or parts of
such body or bones thereof from the state of which it may
reasonably be concluded that death has occurred.
(8) "Final disposition" means the burial, cremation, or
other disposition of a dead human body or fetus or parts
thereof.
(9) "Physician" means a person licensed to practice
medicine in Illinois or any other state.

HB5202 - 133 - LRB103 38453 CES 68589 b
(10) "Institution" means any establishment, public or
private, which provides in-patient medical, surgical, or
diagnostic care or treatment, or nursing, custodial, or
domiciliary care to 2 or more unrelated individuals, or to
which persons are committed by law.
(11) "Department" means the Department of Public Health of
the State of Illinois.
(12) "Director" means the Director of the Illinois
Department of Public Health.
(13) "Licensed health care professional" means a person
licensed to practice as a physician, advanced practice
registered nurse, or physician assistant in Illinois or any
other state.
(14) "Licensed mental health professional" means a person
who is licensed or registered to provide mental health
services by the Department of Financial and Professional
Regulation or a board of registration duly authorized to
register or grant licenses to persons engaged in the practice
of providing mental health services in Illinois or any other
state.
(15) "Intersex condition" means a condition in which a
person is born with a reproductive or sexual anatomy or
chromosome pattern that does not fit typical definitions of
male or female.
(16) "Homeless person" means an individual who meets the
definition of "homeless" under Section 103 of the federal

HB5202 - 134 - LRB103 38453 CES 68589 b
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
individual residing in any of the living situations described
in 42 U.S.C. 11434a(2).
(17) "Advanced practice registered nurse" means: (i) an
advanced practice registered nurse with full practice
authority; or (ii) an advanced practice registered nurse with
a collaborative agreement with a physician who has delegated
the completion of death certificates.
(18) "Certifying health care professional" means a
physician, physician assistant, or advanced practice
registered nurse.
(19) "Physician assistant" means a physician assistant who
practices in accordance with a written collaborative agreement
that includes the completion of death certificates.
(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22;
102-844, eff. 1-1-23.)
Section 660. The Environmental Protection Act is amended
by changing Section 56.1 as follows:
(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(a) Cause or allow the disposal of any potentially
infectious medical waste. Sharps may be disposed in any
landfill permitted by the Agency under Section 21 of this

HB5202 - 135 - LRB103 38453 CES 68589 b
Act to accept municipal waste for disposal, if both:
(1) the infectious potential has been eliminated
from the sharps by treatment; and
(2) the sharps are packaged in accordance with
Board regulations.
(b) Cause or allow the delivery of any potentially
infectious medical waste for transport, storage,
treatment, or transfer except in accordance with Board
regulations.
(c) Beginning July 1, 1992, cause or allow the
delivery of any potentially infectious medical waste to a
person or facility for storage, treatment, or transfer
that does not have a permit issued by the agency to receive
potentially infectious medical waste, unless no permit is
required under subsection (g)(1).
(d) Beginning July 1, 1992, cause or allow the
delivery or transfer of any potentially infectious medical
waste for transport unless:
(1) the transporter has a permit issued by the
Agency to transport potentially infectious medical
waste, or the transporter is exempt from the permit
requirement set forth in subsection (f)(l).
(2) a potentially infectious medical waste
manifest is completed for the waste if a manifest is
required under subsection (h).
(e) Cause or allow the acceptance of any potentially

HB5202 - 136 - LRB103 38453 CES 68589 b
infectious medical waste for purposes of transport,
storage, treatment, or transfer except in accordance with
Board regulations.
(f) Beginning July 1, 1992, conduct any potentially
infectious medical waste transportation operation:
(1) Without a permit issued by the Agency to
transport potentially infectious medical waste. No
permit is required under this provision (f)(1) for:
(A) a person transporting potentially
infectious medical waste generated solely by that
person's activities;
(B) noncommercial transportation of less than
50 pounds of potentially infectious medical waste
at any one time; or
(C) the U.S. Postal Service.
(2) In violation of any condition of any permit
issued by the Agency under this Act.
(3) In violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(g) Beginning July 1, 1992, conduct any potentially
infectious medical waste treatment, storage, or transfer
operation:
(1) without a permit issued by the Agency that
specifically authorizes the treatment, storage, or

HB5202 - 137 - LRB103 38453 CES 68589 b
transfer of potentially infectious medical waste. No
permit is required under this subsection (g) or
subsection (d)(1) of Section 21 for any:
(A) Person conducting a potentially infectious
medical waste treatment, storage, or transfer
operation for potentially infectious medical waste
generated by the person's own activities that are
treated, stored, or transferred within the site
where the potentially infectious medical waste is
generated.
(B) Hospital that treats, stores, or transfers
only potentially infectious medical waste
generated by its own activities or by members of
its medical staff.
(C) Sharps collection station that is operated
in accordance with Section 56.7.
(2) in violation of any condition of any permit
issued by the Agency under this Act.
(3) in violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(h) Transport potentially infectious medical waste
unless the transporter carries a completed potentially
infectious medical waste manifest. No manifest is required
for the transportation of:

HB5202 - 138 - LRB103 38453 CES 68589 b
(1) potentially infectious medical waste being
transported by generators who generated the waste by
their own activities, when the potentially infectious
medical waste is transported within or between sites
or facilities owned, controlled, or operated by that
person;
(2) less than 50 pounds of potentially infectious
medical waste at any one time for a noncommercial
transportation activity; or
(3) potentially infectious medical waste by the
U.S. Postal Service.
(i) Offer for transportation, transport, deliver,
receive or accept potentially infectious medical waste for
which a manifest is required, unless the manifest
indicates that the fee required under Section 56.4 of this
Act has been paid.
(j) Beginning January 1, 1994, conduct a potentially
infectious medical waste treatment operation at an
incinerator in existence on the effective date of this
Title in violation of emission standards established for
these incinerators under Section 129 of the Clean Air Act
(42 USC 7429), as amended.
(k) Beginning July 1, 2015, knowingly mix household
sharps, including, but not limited to, hypodermic,
intravenous, or other medical needles or syringes or other
medical household waste containing used or unused sharps,

HB5202 - 139 - LRB103 38453 CES 68589 b
including, but not limited to, hypodermic, intravenous, or
other medical needles or syringes or other sharps, with
any other material intended for collection as a recyclable
material by a residential hauler.
(l) Beginning on July 1, 2015, knowingly place
household sharps into a container intended for collection
by a residential hauler for processing at a recycling
center.
(B) In making its orders and determinations relative to
penalties, if any, to be imposed for violating subdivision
(A)(a) of this Section, the Board, in addition to the factors
in Sections 33(c) and 42(h) of this Act, or the Court shall
take into consideration whether the owner or operator of the
landfill reasonably relied on written statements from the
person generating or treating the waste that the waste is not
potentially infectious medical waste.
(C) Notwithstanding subsection (A) or any other provision
of law, including the Vital Records Act, tissue and products
from an abortion, as defined in Section 1-10 of the
Reproductive Health Act, or a miscarriage may be buried,
entombed, or cremated.
(Source: P.A. 101-13, eff. 6-12-19.)
Section 665. The Criminal Code of 2012 is amended by
changing Sections 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:

HB5202 - 140 - LRB103 38453 CES 68589 b
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional homicide of an unborn child.
(a) A person commits the offense of intentional homicide
of an unborn child if, in performing acts which cause the death
of an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great
bodily harm to the pregnant woman individual or her unborn
child or knew that such acts would cause death or great
bodily harm to the pregnant woman individual or her unborn
child; or
(2) knew that his acts created a strong probability of
death or great bodily harm to the pregnant woman
individual or her unborn child; and
(3) knew that the woman individual was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
the implantation of an embryo until birth, and (2) "person"
shall not include the pregnant woman whose unborn child is
killed.
(c) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 2 of the Illinois Abortion
Law of 2024 Section 1-10 of the Reproductive Health Act, to
which the pregnant woman individual has consented. This
Section shall not apply to acts which were committed pursuant
to usual and customary standards of medical practice during

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diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an
unborn child shall be the same as for first degree murder,
except that:
(1) (blank);
(2) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other
provision of law.
(Source: P.A. 103-51, eff. 1-1-24.)
(720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
A person who kills an unborn child without lawful
justification commits voluntary manslaughter of an unborn

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child if at the time of the killing he is acting under a sudden
and intense passion resulting from serious provocation by
another whom the offender endeavors to kill, but he
negligently or accidentally causes the death of the unborn
child.
Serious provocation is conduct sufficient to excite an
intense passion in a reasonable person.
(b) A person who intentionally or knowingly kills an
unborn child commits voluntary manslaughter of an unborn child
if at the time of the killing he believes the circumstances to
be such that, if they existed, would justify or exonerate the
killing under the principles stated in Article 7 of this Code,
but his belief is unreasonable.
(c) Sentence. Voluntary Manslaughter of an unborn child is
a Class 1 felony.
(d) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from the implantation
of an embryo fertilization until birth, and (2) "person" shall
not include the pregnant individual woman whose unborn child
is killed.
(e) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-10 of the Reproductive
Health Act, Section 2 of the Illinois Abortion Law of 2024, to
which the pregnant individual woman has consented. This
Section shall not apply to acts which were committed pursuant

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to usual and customary standards of medical practice during
diagnostic testing or therapeutic treatment.
(Source: P.A. 101-13, eff. 6-12-19.)
(720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
Sec. 9-3.2. Involuntary manslaughter and reckless homicide
of an unborn child.
(a) A person who unintentionally kills an unborn child
without lawful justification commits involuntary manslaughter
of an unborn child if his acts whether lawful or unlawful which
cause the death are such as are likely to cause death or great
bodily harm to some individual, and he performs them
recklessly, except in cases in which the cause of death
consists of the driving of a motor vehicle, in which case the
person commits reckless homicide of an unborn child.
(b) Sentence.
(1) Involuntary manslaughter of an unborn child is a
Class 3 felony.
(2) Reckless homicide of an unborn child is a Class 3
felony.
(c) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
the implantation of an embryo until birth, and (2) "person"
shall not include the pregnant individual whose unborn child
is killed.
(d) This Section shall not apply to acts which cause the

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death of an unborn child if those acts were committed during
any abortion, as defined in Section 2 of the Illinois Abortion
Law of 2024 1-10 of the Reproductive Health Act, to which the
pregnant woman individual has consented. This Section shall
not apply to acts which were committed pursuant to usual and
customary standards of medical practice during diagnostic
testing or therapeutic treatment.
(e) The provisions of this Section shall not be construed
to prohibit the prosecution of any person under any other
provision of law, nor shall it be construed to preclude any
civil cause of action.
(Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
Sec. 12-3.1. Battery of an unborn child; aggravated
battery of an unborn child.
(a) A person commits battery of an unborn child if he or
she knowingly without legal justification and by any means
causes bodily harm to an unborn child.
(a-5) A person commits aggravated battery of an unborn
child when, in committing a battery of an unborn child, he or
she knowingly causes great bodily harm or permanent disability
or disfigurement to an unborn child.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from the implantation
of an embryo fertilization until birth, and (2) "person" shall

HB5202 - 145 - LRB103 38453 CES 68589 b
not include the pregnant individual woman whose unborn child
is harmed.
(c) Sentence. Battery of an unborn child is a Class A
misdemeanor. Aggravated battery of an unborn child is a Class
2 felony.
(d) This Section shall not apply to acts which cause
bodily harm to an unborn child if those acts were committed
during any abortion, as defined in Section 1-10 of the
Reproductive Health Act, Section 2 of the Illinois Abortion
Law of 2024, to which the pregnant individual woman has
consented. This Section shall not apply to acts which were
committed pursuant to usual and customary standards of medical
practice during diagnostic testing or therapeutic treatment.
(Source: P.A. 101-13, eff. 6-12-19.)
Section 670. The Code of Civil Procedure is amended by
changing Section 8-802 as follows:
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
Sec. 8-802. Physician and patient. No physician or surgeon
shall be permitted to disclose any information he or she may
have acquired in attending any patient in a professional
character, necessary to enable him or her professionally to
serve the patient, except only (1) in trials for homicide when
the disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in actions, civil or

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criminal, against the physician for malpractice, (3) with the
expressed consent of the patient, or in case of his or her
death or disability, of his or her personal representative or
other person authorized to sue for personal injury or of the
beneficiary of an insurance policy on his or her life, health,
or physical condition, or as authorized by Section 8-2001.5,
(4) in all actions brought by or against the patient, his or
her personal representative, a beneficiary under a policy of
insurance, or the executor or administrator of his or her
estate wherein the patient's physical or mental condition is
an issue, (5) upon an issue as to the validity of a document as
a will of the patient, (6) (blank) in any criminal action where
the charge is either first degree murder by abortion,
attempted abortion, or abortion, (7) in actions, civil or
criminal, arising from the filing of a report in compliance
with the Abused and Neglected Child Reporting Act, (8) to any
department, agency, institution or facility which has custody
of the patient pursuant to State statute or any court order of
commitment, (9) in prosecutions where written results of blood
alcohol tests are admissible pursuant to Section 11-501.4 of
the Illinois Vehicle Code, (10) in prosecutions where written
results of blood alcohol tests are admissible under Section
5-11a of the Boat Registration and Safety Act, (11) in
criminal actions arising from the filing of a report of
suspected terrorist offense in compliance with Section
29D-10(p)(7) of the Criminal Code of 2012, (12) upon the

HB5202 - 147 - LRB103 38453 CES 68589 b
issuance of a subpoena pursuant to Section 38 of the Medical
Practice Act of 1987; the issuance of a subpoena pursuant to
Section 25.1 of the Illinois Dental Practice Act; the issuance
of a subpoena pursuant to Section 22 of the Nursing Home
Administrators Licensing and Disciplinary Act; or the issuance
of a subpoena pursuant to Section 25.5 of the Workers'
Compensation Act, (13) upon the issuance of a grand jury
subpoena pursuant to Article 112 of the Code of Criminal
Procedure of 1963, or (14) to or through a health information
exchange, as that term is defined in Section 2 of the Mental
Health and Developmental Disabilities Confidentiality Act, in
accordance with State or federal law.
Upon disclosure under item (13) of this Section, in any
criminal action where the charge is domestic battery,
aggravated domestic battery, or an offense under Article 11 of
the Criminal Code of 2012 or where the patient is under the age
of 18 years or upon the request of the patient, the State's
Attorney shall petition the court for a protective order
pursuant to Supreme Court Rule 415.
In the event of a conflict between the application of this
Section and the Mental Health and Developmental Disabilities
Confidentiality Act to a specific situation, the provisions of
the Mental Health and Developmental Disabilities
Confidentiality Act shall control.
(Source: P.A. 101-13, eff. 6-12-19.)

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Section 673. The Health Care Right of Conscience Act is
amended by changing Section 3 as follows:
(745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
Sec. 3. Definitions. As used in this Act, unless the
context clearly otherwise requires:
(a) "Health care" means any phase of patient care,
including but not limited to, testing; diagnosis;
prognosis; ancillary research; instructions; family
planning, counselling, referrals, or any other advice in
connection with the use or procurement of contraceptives
and sterilization or abortion procedures; medication; or
surgery or other care or treatment rendered by a physician
or physicians, nurses, paraprofessionals or health care
facility, intended for the physical, emotional, and mental
well-being of persons; or an abortion as defined by the
Reproductive Health Act;
(b) "Physician" means any person who is licensed by
the State of Illinois under the Medical Practice Act of
1987;
(c) "Health care personnel" means any nurse, nurses'
aide, medical school student, professional,
paraprofessional or any other person who furnishes, or
assists in the furnishing of, health care services;
(d) "Health care facility" means any public or private
hospital, clinic, center, medical school, medical training

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institution, laboratory or diagnostic facility,
physician's office, infirmary, dispensary, ambulatory
surgical treatment center or other institution or location
wherein health care services are provided to any person,
including physician organizations and associations,
networks, joint ventures, and all other combinations of
those organizations;
(e) "Conscience" means a sincerely held set of moral
convictions arising from belief in and relation to God, or
which, though not so derived, arises from a place in the
life of its possessor parallel to that filled by God among
adherents to religious faiths;
(f) "Health care payer" means a health maintenance
organization, insurance company, management services
organization, or any other entity that pays for or
arranges for the payment of any health care or medical
care service, procedure, or product; and
(g) "Undue delay" means unreasonable delay that causes
impairment of the patient's health.
The above definitions include not only the traditional
combinations and forms of these persons and organizations but
also all new and emerging forms and combinations of these
persons and organizations.
(Source: P.A. 101-13, eff. 6-12-19.)
Section 675. The Rights of Married Persons Act is amended

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by changing Section 15 as follows:
(750 ILCS 65/15) (from Ch. 40, par. 1015)
Sec. 15. (a)(1) The expenses of the family and of the
education of the children shall be chargeable upon the
property of both husband and wife, or of either of them, in
favor of creditors therefor, and in relation thereto they may
be sued jointly or separately.
(2) No creditor, who has a claim against a spouse or former
spouse for an expense incurred by that spouse or former spouse
which is not a family expense, shall maintain an action
against the other spouse or former spouse for that expense
except:
(A) an expense for which the other spouse or former spouse
agreed, in writing, to be liable; or
(B) an expense for goods or merchandise purchased by or in
the possession of the other spouse or former spouse, or for
services ordered by the other spouse or former spouse.
(3) Any creditor who maintains an action in violation of
this subsection (a) for an expense other than a family expense
against a spouse or former spouse other than the spouse or
former spouse who incurred the expense, shall be liable to the
other spouse or former spouse for his or her costs, expenses
and attorney's fees incurred in defending the action.
(4) No creditor shall, with respect to any claim against a
spouse or former spouse for which the creditor is prohibited

HB5202 - 151 - LRB103 38453 CES 68589 b
under this subsection (a) from maintaining an action against
the other spouse or former spouse, engage in any collection
efforts against the other spouse or former spouse, including,
but not limited to, informal or formal collection attempts,
referral of the claim to a collector or collection agency for
collection from the other spouse or former spouse, or making
any representation to a credit reporting agency that the other
spouse or former spouse is any way liable for payment of the
claim.
(b) (Blank). No spouse shall be liable for any expense
incurred by the other spouse when an abortion is performed on
such spouse, without the consent of such other spouse, unless
the physician who performed the abortion certifies that such
abortion is necessary to preserve the life of the spouse who
obtained such abortion.
(c) (Blank). No parent shall be liable for any expense
incurred by his or her minor child when an abortion is
performed on such minor child without the consent of both
parents of such child, if they both have custody, or the parent
having custody, or legal guardian of such child, unless the
physician who performed the abortion certifies that such
abortion is necessary to preserve the life of the minor child
who obtained such abortion.
(Source: P.A. 101-13, eff. 6-12-19.)
Article 99.

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Section 9995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 9999. Effective date. This Act takes effect upon
becoming law.
HB5202 - 153 - LRB103 38453 CES 68589 b
INDEX
Statutes amended in order of appearance
New Act
775 ILCS 55/Act rep.
210 ILCS 5/6.2 new
410 ILCS 70/9.1 new
735 ILCS 5/11-107.1a new
5 ILCS 375/6.11
20 ILCS 505/5 from Ch. 23, par. 5005
5 ILCS 140/7.5
55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
210 ILCS 5/2 from Ch. 111 1/2, par. 157-8.2
210 ILCS 5/3 from Ch. 111 1/2, par. 157-8.3
215 ILCS 5/356z.4
215 ILCS 5/356z.4a rep.
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
215 ILCS 165/10 from Ch. 32, par. 604
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/36 from Ch. 111, par. 4400-36
225 ILCS 65/65-35 was 225 ILCS 65/15-15
225 ILCS 65/65-43
225 ILCS 95/7.5
410 ILCS 535/1 from Ch. 111 1/2, par. 73-1
415 ILCS 5/56.1 from Ch. 111 1/2, par. 1056.1
720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
HB5202 - 154 - LRB103 38453 CES 68589 b