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Public Act 103-0462
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SB1344 Enrolled | LRB103 28584 LNS 54965 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Freedom of Information Act is amended by |
changing Section 7 as follows:
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(5 ILCS 140/7)
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(Text of Section before amendment by P.A. 102-982 ) |
Sec. 7. Exemptions.
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(1) When a request is made to inspect or copy a public |
record that contains information that is exempt from |
disclosure under this Section, but also contains information |
that is not exempt from disclosure, the public body may elect |
to redact the information that is exempt. The public body |
shall make the remaining information available for inspection |
and copying. Subject to this requirement, the following shall |
be exempt from inspection and copying:
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(a) Information specifically prohibited from |
disclosure by federal or
State law or rules and |
regulations implementing federal or State law.
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(b) Private information, unless disclosure is required |
by another provision of this Act, a State or federal law, |
or a court order. |
(b-5) Files, documents, and other data or databases |
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maintained by one or more law enforcement agencies and |
specifically designed to provide information to one or |
more law enforcement agencies regarding the physical or |
mental status of one or more individual subjects. |
(c) Personal information contained within public |
records, the disclosure of which would constitute a |
clearly
unwarranted invasion of personal privacy, unless |
the disclosure is
consented to in writing by the |
individual subjects of the information. "Unwarranted |
invasion of personal privacy" means the disclosure of |
information that is highly personal or objectionable to a |
reasonable person and in which the subject's right to |
privacy outweighs any legitimate public interest in |
obtaining the information. The
disclosure of information |
that bears on the public duties of public
employees and |
officials shall not be considered an invasion of personal
|
privacy.
|
(d) Records in the possession of any public body |
created in the course of administrative enforcement
|
proceedings, and any law enforcement or correctional |
agency for
law enforcement purposes,
but only to the |
extent that disclosure would:
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(i) interfere with pending or actually and |
reasonably contemplated
law enforcement proceedings |
conducted by any law enforcement or correctional
|
agency that is the recipient of the request;
|
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(ii) interfere with active administrative |
enforcement proceedings
conducted by the public body |
that is the recipient of the request;
|
(iii) create a substantial likelihood that a |
person will be deprived of a fair trial or an impartial |
hearing;
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(iv) unavoidably disclose the identity of a |
confidential source, confidential information |
furnished only by the confidential source, or persons |
who file complaints with or provide information to |
administrative, investigative, law enforcement, or |
penal agencies; except that the identities of |
witnesses to traffic accidents, traffic accident |
reports, and rescue reports shall be provided by |
agencies of local government, except when disclosure |
would interfere with an active criminal investigation |
conducted by the agency that is the recipient of the |
request;
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(v) disclose unique or specialized investigative |
techniques other than
those generally used and known |
or disclose internal documents of
correctional |
agencies related to detection, observation , or |
investigation of
incidents of crime or misconduct, and |
disclosure would result in demonstrable harm to the |
agency or public body that is the recipient of the |
request;
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(vi) endanger the life or physical safety of law |
enforcement personnel
or any other person; or
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(vii) obstruct an ongoing criminal investigation |
by the agency that is the recipient of the request.
|
(d-5) A law enforcement record created for law |
enforcement purposes and contained in a shared electronic |
record management system if the law enforcement agency |
that is the recipient of the request did not create the |
record, did not participate in or have a role in any of the |
events which are the subject of the record, and only has |
access to the record through the shared electronic record |
management system. |
(d-6) Records contained in the Officer Professional |
Conduct Database under Section 9.2 of the Illinois Police |
Training Act, except to the extent authorized under that |
Section. This includes the documents supplied to the |
Illinois Law Enforcement Training Standards Board from the |
Illinois State Police and Illinois State Police Merit |
Board. |
(e) Records that relate to or affect the security of |
correctional
institutions and detention facilities.
|
(e-5) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials are available in the library of the correctional |
institution or facility or jail where the inmate is |
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confined. |
(e-6) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials include records from staff members' personnel |
files, staff rosters, or other staffing assignment |
information. |
(e-7) Records requested by persons committed to the |
Department of Corrections or Department of Human Services |
Division of Mental Health if those materials are available |
through an administrative request to the Department of |
Corrections or Department of Human Services Division of |
Mental Health. |
(e-8) Records requested by a person committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail, the |
disclosure of which would result in the risk of harm to any |
person or the risk of an escape from a jail or correctional |
institution or facility. |
(e-9) Records requested by a person in a county jail |
or committed to the Department of Corrections or |
Department of Human Services Division of Mental Health, |
containing personal information pertaining to the person's |
victim or the victim's family, including, but not limited |
to, a victim's home address, home telephone number, work |
or school address, work telephone number, social security |
|
number, or any other identifying information, except as |
may be relevant to a requester's current or potential case |
or claim. |
(e-10) Law enforcement records of other persons |
requested by a person committed to the Department of |
Corrections, Department of Human Services Division of |
Mental Health, or a county jail, including, but not |
limited to, arrest and booking records, mug shots, and |
crime scene photographs, except as these records may be |
relevant to the requester's current or potential case or |
claim. |
(f) Preliminary drafts, notes, recommendations, |
memoranda, and other
records in which opinions are |
expressed, or policies or actions are
formulated, except |
that a specific record or relevant portion of a
record |
shall not be exempt when the record is publicly cited
and |
identified by the head of the public body. The exemption |
provided in
this paragraph (f) extends to all those |
records of officers and agencies
of the General Assembly |
that pertain to the preparation of legislative
documents.
|
(g) Trade secrets and commercial or financial |
information obtained from
a person or business where the |
trade secrets or commercial or financial information are |
furnished under a claim that they are
proprietary, |
privileged, or confidential, and that disclosure of the |
trade
secrets or commercial or financial information would |
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cause competitive harm to the person or business, and only |
insofar as the claim directly applies to the records |
requested. |
The information included under this exemption includes |
all trade secrets and commercial or financial information |
obtained by a public body, including a public pension |
fund, from a private equity fund or a privately held |
company within the investment portfolio of a private |
equity fund as a result of either investing or evaluating |
a potential investment of public funds in a private equity |
fund. The exemption contained in this item does not apply |
to the aggregate financial performance information of a |
private equity fund, nor to the identity of the fund's |
managers or general partners. The exemption contained in |
this item does not apply to the identity of a privately |
held company within the investment portfolio of a private |
equity fund, unless the disclosure of the identity of a |
privately held company may cause competitive harm. |
Nothing contained in this
paragraph (g) shall be |
construed to prevent a person or business from
consenting |
to disclosure.
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(h) Proposals and bids for any contract, grant, or |
agreement, including
information which if it were |
disclosed would frustrate procurement or give
an advantage |
to any person proposing to enter into a contractor |
agreement
with the body, until an award or final selection |
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is made. Information
prepared by or for the body in |
preparation of a bid solicitation shall be
exempt until an |
award or final selection is made.
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(i) Valuable formulae,
computer geographic systems,
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designs, drawings , and research data obtained or
produced |
by any public body when disclosure could reasonably be |
expected to
produce private gain or public loss.
The |
exemption for "computer geographic systems" provided in |
this paragraph
(i) does not extend to requests made by |
news media as defined in Section 2 of
this Act when the |
requested information is not otherwise exempt and the only
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purpose of the request is to access and disseminate |
information regarding the
health, safety, welfare, or |
legal rights of the general public.
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(j) The following information pertaining to |
educational matters: |
(i) test questions, scoring keys, and other |
examination data used to
administer an academic |
examination;
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(ii) information received by a primary or |
secondary school, college, or university under its |
procedures for the evaluation of faculty members by |
their academic peers; |
(iii) information concerning a school or |
university's adjudication of student disciplinary |
cases, but only to the extent that disclosure would |
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unavoidably reveal the identity of the student; and |
(iv) course materials or research materials used |
by faculty members. |
(k) Architects' plans, engineers' technical |
submissions, and
other
construction related technical |
documents for
projects not constructed or developed in |
whole or in part with public funds
and the same for |
projects constructed or developed with public funds, |
including, but not limited to, power generating and |
distribution stations and other transmission and |
distribution facilities, water treatment facilities, |
airport facilities, sport stadiums, convention centers, |
and all government owned, operated, or occupied buildings, |
but
only to the extent
that disclosure would compromise |
security.
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(l) Minutes of meetings of public bodies closed to the
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public as provided in the Open Meetings Act until the |
public body
makes the minutes available to the public |
under Section 2.06 of the Open
Meetings Act.
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(m) Communications between a public body and an |
attorney or auditor
representing the public body that |
would not be subject to discovery in
litigation, and |
materials prepared or compiled by or for a public body in
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anticipation of a criminal, civil, or administrative |
proceeding upon the
request of an attorney advising the |
public body, and materials prepared or
compiled with |
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respect to internal audits of public bodies.
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(n) Records relating to a public body's adjudication |
of employee grievances or disciplinary cases; however, |
this exemption shall not extend to the final outcome of |
cases in which discipline is imposed.
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(o) Administrative or technical information associated |
with automated
data processing operations, including, but |
not limited to, software,
operating protocols, computer |
program abstracts, file layouts, source
listings, object |
modules, load modules, user guides, documentation
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pertaining to all logical and physical design of |
computerized systems,
employee manuals, and any other |
information that, if disclosed, would
jeopardize the |
security of the system or its data or the security of
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materials exempt under this Section.
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(p) Records relating to collective negotiating matters
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between public bodies and their employees or |
representatives, except that
any final contract or |
agreement shall be subject to inspection and copying.
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(q) Test questions, scoring keys, and other |
examination data used to determine the qualifications of |
an applicant for a license or employment.
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(r) The records, documents, and information relating |
to real estate
purchase negotiations until those |
negotiations have been completed or
otherwise terminated. |
With regard to a parcel involved in a pending or
actually |
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and reasonably contemplated eminent domain proceeding |
under the Eminent Domain Act, records, documents, and
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information relating to that parcel shall be exempt except |
as may be
allowed under discovery rules adopted by the |
Illinois Supreme Court. The
records, documents, and |
information relating to a real estate sale shall be
exempt |
until a sale is consummated.
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(s) Any and all proprietary information and records |
related to the
operation of an intergovernmental risk |
management association or
self-insurance pool or jointly |
self-administered health and accident
cooperative or pool.
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Insurance or self-insurance self insurance (including any |
intergovernmental risk management association or |
self-insurance self insurance pool) claims, loss or risk |
management information, records, data, advice , or |
communications.
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(t) Information contained in or related to |
examination, operating, or
condition reports prepared by, |
on behalf of, or for the use of a public
body responsible |
for the regulation or supervision of financial
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institutions, insurance companies, or pharmacy benefit |
managers, unless disclosure is otherwise
required by State |
law.
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(u) Information that would disclose
or might lead to |
the disclosure of
secret or confidential information, |
codes, algorithms, programs, or private
keys intended to |
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be used to create electronic signatures under the Uniform |
Electronic Transactions Act.
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(v) Vulnerability assessments, security measures, and |
response policies
or plans that are designed to identify, |
prevent, or respond to potential
attacks upon a |
community's population or systems, facilities, or |
installations, but only to the extent that
disclosure |
could reasonably be expected to expose the vulnerability |
or jeopardize the effectiveness of the
measures, policies, |
or plans, or the safety of the personnel who implement |
them or the public.
Information exempt under this item may |
include such things as details
pertaining to the |
mobilization or deployment of personnel or equipment, to |
the
operation of communication systems or protocols, to |
cybersecurity vulnerabilities, or to tactical operations.
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(w) (Blank). |
(x) Maps and other records regarding the location or |
security of generation, transmission, distribution, |
storage, gathering,
treatment, or switching facilities |
owned by a utility, by a power generator, or by the |
Illinois Power Agency.
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(y) Information contained in or related to proposals, |
bids, or negotiations related to electric power |
procurement under Section 1-75 of the Illinois Power |
Agency Act and Section 16-111.5 of the Public Utilities |
Act that is determined to be confidential and proprietary |
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by the Illinois Power Agency or by the Illinois Commerce |
Commission.
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(z) Information about students exempted from |
disclosure under Section Sections 10-20.38 or 34-18.29 of |
the School Code, and information about undergraduate |
students enrolled at an institution of higher education |
exempted from disclosure under Section 25 of the Illinois |
Credit Card Marketing Act of 2009. |
(aa) Information the disclosure of which is
exempted |
under the Viatical Settlements Act of 2009.
|
(bb) Records and information provided to a mortality |
review team and records maintained by a mortality review |
team appointed under the Department of Juvenile Justice |
Mortality Review Team Act. |
(cc) Information regarding interments, entombments, or |
inurnments of human remains that are submitted to the |
Cemetery Oversight Database under the Cemetery Care Act or |
the Cemetery Oversight Act, whichever is applicable. |
(dd) Correspondence and records (i) that may not be |
disclosed under Section 11-9 of the Illinois Public Aid |
Code or (ii) that pertain to appeals under Section 11-8 of |
the Illinois Public Aid Code. |
(ee) The names, addresses, or other personal |
information of persons who are minors and are also |
participants and registrants in programs of park |
districts, forest preserve districts, conservation |
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districts, recreation agencies, and special recreation |
associations. |
(ff) The names, addresses, or other personal |
information of participants and registrants in programs of |
park districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
associations where such programs are targeted primarily to |
minors. |
(gg) Confidential information described in Section |
1-100 of the Illinois Independent Tax Tribunal Act of |
2012. |
(hh) The report submitted to the State Board of |
Education by the School Security and Standards Task Force |
under item (8) of subsection (d) of Section 2-3.160 of the |
School Code and any information contained in that report. |
(ii) Records requested by persons committed to or |
detained by the Department of Human Services under the |
Sexually Violent Persons Commitment Act or committed to |
the Department of Corrections under the Sexually Dangerous |
Persons Act if those materials: (i) are available in the |
library of the facility where the individual is confined; |
(ii) include records from staff members' personnel files, |
staff rosters, or other staffing assignment information; |
or (iii) are available through an administrative request |
to the Department of Human Services or the Department of |
Corrections. |
|
(jj) Confidential information described in Section |
5-535 of the Civil Administrative Code of Illinois. |
(kk) The public body's credit card numbers, debit card |
numbers, bank account numbers, Federal Employer |
Identification Number, security code numbers, passwords, |
and similar account information, the disclosure of which |
could result in identity theft or impression or defrauding |
of a governmental entity or a person. |
(ll) Records concerning the work of the threat |
assessment team of a school district, including, but not |
limited to, any threat assessment procedure under the |
School Safety Drill Act and any information contained in |
the procedure. |
(mm) Information prohibited from being disclosed under |
subsections (a) and (b) of Section 15 of the Student |
Confidential Reporting Act. |
(nn) (mm) Proprietary information submitted to the
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Environmental Protection Agency under the Drug Take-Back
|
Act. |
(oo) (mm) Records described in subsection (f) of |
Section 3-5-1 of the Unified Code of Corrections. |
(pp) Reports described in subsection (e) of Section |
16-15 of the Abortion Care Clinical Training Program Act. |
(1.5) Any information exempt from disclosure under the |
Judicial Privacy Act shall be redacted from public records |
prior to disclosure under this Act. |
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(2) A public record that is not in the possession of a |
public body but is in the possession of a party with whom the |
agency has contracted to perform a governmental function on |
behalf of the public body, and that directly relates to the |
governmental function and is not otherwise exempt under this |
Act, shall be considered a public record of the public body, |
for purposes of this Act. |
(3) This Section does not authorize withholding of |
information or limit the
availability of records to the |
public, except as stated in this Section or
otherwise provided |
in this Act.
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(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. |
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, |
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; |
102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised |
12-13-22.)
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(Text of Section after amendment by P.A. 102-982 )
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Sec. 7. Exemptions.
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(1) When a request is made to inspect or copy a public |
record that contains information that is exempt from |
disclosure under this Section, but also contains information |
that is not exempt from disclosure, the public body may elect |
to redact the information that is exempt. The public body |
shall make the remaining information available for inspection |
|
and copying. Subject to this requirement, the following shall |
be exempt from inspection and copying:
|
(a) Information specifically prohibited from |
disclosure by federal or
State law or rules and |
regulations implementing federal or State law.
|
(b) Private information, unless disclosure is required |
by another provision of this Act, a State or federal law, |
or a court order. |
(b-5) Files, documents, and other data or databases |
maintained by one or more law enforcement agencies and |
specifically designed to provide information to one or |
more law enforcement agencies regarding the physical or |
mental status of one or more individual subjects. |
(c) Personal information contained within public |
records, the disclosure of which would constitute a |
clearly
unwarranted invasion of personal privacy, unless |
the disclosure is
consented to in writing by the |
individual subjects of the information. "Unwarranted |
invasion of personal privacy" means the disclosure of |
information that is highly personal or objectionable to a |
reasonable person and in which the subject's right to |
privacy outweighs any legitimate public interest in |
obtaining the information. The
disclosure of information |
that bears on the public duties of public
employees and |
officials shall not be considered an invasion of personal
|
privacy.
|
|
(d) Records in the possession of any public body |
created in the course of administrative enforcement
|
proceedings, and any law enforcement or correctional |
agency for
law enforcement purposes,
but only to the |
extent that disclosure would:
|
(i) interfere with pending or actually and |
reasonably contemplated
law enforcement proceedings |
conducted by any law enforcement or correctional
|
agency that is the recipient of the request;
|
(ii) interfere with active administrative |
enforcement proceedings
conducted by the public body |
that is the recipient of the request;
|
(iii) create a substantial likelihood that a |
person will be deprived of a fair trial or an impartial |
hearing;
|
(iv) unavoidably disclose the identity of a |
confidential source, confidential information |
furnished only by the confidential source, or persons |
who file complaints with or provide information to |
administrative, investigative, law enforcement, or |
penal agencies; except that the identities of |
witnesses to traffic crashes, traffic crash reports, |
and rescue reports shall be provided by agencies of |
local government, except when disclosure would |
interfere with an active criminal investigation |
conducted by the agency that is the recipient of the |
|
request;
|
(v) disclose unique or specialized investigative |
techniques other than
those generally used and known |
or disclose internal documents of
correctional |
agencies related to detection, observation , or |
investigation of
incidents of crime or misconduct, and |
disclosure would result in demonstrable harm to the |
agency or public body that is the recipient of the |
request;
|
(vi) endanger the life or physical safety of law |
enforcement personnel
or any other person; or
|
(vii) obstruct an ongoing criminal investigation |
by the agency that is the recipient of the request.
|
(d-5) A law enforcement record created for law |
enforcement purposes and contained in a shared electronic |
record management system if the law enforcement agency |
that is the recipient of the request did not create the |
record, did not participate in or have a role in any of the |
events which are the subject of the record, and only has |
access to the record through the shared electronic record |
management system. |
(d-6) Records contained in the Officer Professional |
Conduct Database under Section 9.2 of the Illinois Police |
Training Act, except to the extent authorized under that |
Section. This includes the documents supplied to the |
Illinois Law Enforcement Training Standards Board from the |
|
Illinois State Police and Illinois State Police Merit |
Board. |
(e) Records that relate to or affect the security of |
correctional
institutions and detention facilities.
|
(e-5) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials are available in the library of the correctional |
institution or facility or jail where the inmate is |
confined. |
(e-6) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials include records from staff members' personnel |
files, staff rosters, or other staffing assignment |
information. |
(e-7) Records requested by persons committed to the |
Department of Corrections or Department of Human Services |
Division of Mental Health if those materials are available |
through an administrative request to the Department of |
Corrections or Department of Human Services Division of |
Mental Health. |
(e-8) Records requested by a person committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail, the |
disclosure of which would result in the risk of harm to any |
|
person or the risk of an escape from a jail or correctional |
institution or facility. |
(e-9) Records requested by a person in a county jail |
or committed to the Department of Corrections or |
Department of Human Services Division of Mental Health, |
containing personal information pertaining to the person's |
victim or the victim's family, including, but not limited |
to, a victim's home address, home telephone number, work |
or school address, work telephone number, social security |
number, or any other identifying information, except as |
may be relevant to a requester's current or potential case |
or claim. |
(e-10) Law enforcement records of other persons |
requested by a person committed to the Department of |
Corrections, Department of Human Services Division of |
Mental Health, or a county jail, including, but not |
limited to, arrest and booking records, mug shots, and |
crime scene photographs, except as these records may be |
relevant to the requester's current or potential case or |
claim. |
(f) Preliminary drafts, notes, recommendations, |
memoranda, and other
records in which opinions are |
expressed, or policies or actions are
formulated, except |
that a specific record or relevant portion of a
record |
shall not be exempt when the record is publicly cited
and |
identified by the head of the public body. The exemption |
|
provided in
this paragraph (f) extends to all those |
records of officers and agencies
of the General Assembly |
that pertain to the preparation of legislative
documents.
|
(g) Trade secrets and commercial or financial |
information obtained from
a person or business where the |
trade secrets or commercial or financial information are |
furnished under a claim that they are
proprietary, |
privileged, or confidential, and that disclosure of the |
trade
secrets or commercial or financial information would |
cause competitive harm to the person or business, and only |
insofar as the claim directly applies to the records |
requested. |
The information included under this exemption includes |
all trade secrets and commercial or financial information |
obtained by a public body, including a public pension |
fund, from a private equity fund or a privately held |
company within the investment portfolio of a private |
equity fund as a result of either investing or evaluating |
a potential investment of public funds in a private equity |
fund. The exemption contained in this item does not apply |
to the aggregate financial performance information of a |
private equity fund, nor to the identity of the fund's |
managers or general partners. The exemption contained in |
this item does not apply to the identity of a privately |
held company within the investment portfolio of a private |
equity fund, unless the disclosure of the identity of a |
|
privately held company may cause competitive harm. |
Nothing contained in this
paragraph (g) shall be |
construed to prevent a person or business from
consenting |
to disclosure.
|
(h) Proposals and bids for any contract, grant, or |
agreement, including
information which if it were |
disclosed would frustrate procurement or give
an advantage |
to any person proposing to enter into a contractor |
agreement
with the body, until an award or final selection |
is made. Information
prepared by or for the body in |
preparation of a bid solicitation shall be
exempt until an |
award or final selection is made.
|
(i) Valuable formulae,
computer geographic systems,
|
designs, drawings , and research data obtained or
produced |
by any public body when disclosure could reasonably be |
expected to
produce private gain or public loss.
The |
exemption for "computer geographic systems" provided in |
this paragraph
(i) does not extend to requests made by |
news media as defined in Section 2 of
this Act when the |
requested information is not otherwise exempt and the only
|
purpose of the request is to access and disseminate |
information regarding the
health, safety, welfare, or |
legal rights of the general public.
|
(j) The following information pertaining to |
educational matters: |
(i) test questions, scoring keys, and other |
|
examination data used to
administer an academic |
examination;
|
(ii) information received by a primary or |
secondary school, college, or university under its |
procedures for the evaluation of faculty members by |
their academic peers; |
(iii) information concerning a school or |
university's adjudication of student disciplinary |
cases, but only to the extent that disclosure would |
unavoidably reveal the identity of the student; and |
(iv) course materials or research materials used |
by faculty members. |
(k) Architects' plans, engineers' technical |
submissions, and
other
construction related technical |
documents for
projects not constructed or developed in |
whole or in part with public funds
and the same for |
projects constructed or developed with public funds, |
including, but not limited to, power generating and |
distribution stations and other transmission and |
distribution facilities, water treatment facilities, |
airport facilities, sport stadiums, convention centers, |
and all government owned, operated, or occupied buildings, |
but
only to the extent
that disclosure would compromise |
security.
|
(l) Minutes of meetings of public bodies closed to the
|
public as provided in the Open Meetings Act until the |
|
public body
makes the minutes available to the public |
under Section 2.06 of the Open
Meetings Act.
|
(m) Communications between a public body and an |
attorney or auditor
representing the public body that |
would not be subject to discovery in
litigation, and |
materials prepared or compiled by or for a public body in
|
anticipation of a criminal, civil, or administrative |
proceeding upon the
request of an attorney advising the |
public body, and materials prepared or
compiled with |
respect to internal audits of public bodies.
|
(n) Records relating to a public body's adjudication |
of employee grievances or disciplinary cases; however, |
this exemption shall not extend to the final outcome of |
cases in which discipline is imposed.
|
(o) Administrative or technical information associated |
with automated
data processing operations, including, but |
not limited to, software,
operating protocols, computer |
program abstracts, file layouts, source
listings, object |
modules, load modules, user guides, documentation
|
pertaining to all logical and physical design of |
computerized systems,
employee manuals, and any other |
information that, if disclosed, would
jeopardize the |
security of the system or its data or the security of
|
materials exempt under this Section.
|
(p) Records relating to collective negotiating matters
|
between public bodies and their employees or |
|
representatives, except that
any final contract or |
agreement shall be subject to inspection and copying.
|
(q) Test questions, scoring keys, and other |
examination data used to determine the qualifications of |
an applicant for a license or employment.
|
(r) The records, documents, and information relating |
to real estate
purchase negotiations until those |
negotiations have been completed or
otherwise terminated. |
With regard to a parcel involved in a pending or
actually |
and reasonably contemplated eminent domain proceeding |
under the Eminent Domain Act, records, documents, and
|
information relating to that parcel shall be exempt except |
as may be
allowed under discovery rules adopted by the |
Illinois Supreme Court. The
records, documents, and |
information relating to a real estate sale shall be
exempt |
until a sale is consummated.
|
(s) Any and all proprietary information and records |
related to the
operation of an intergovernmental risk |
management association or
self-insurance pool or jointly |
self-administered health and accident
cooperative or pool.
|
Insurance or self-insurance self insurance (including any |
intergovernmental risk management association or |
self-insurance self insurance pool) claims, loss or risk |
management information, records, data, advice , or |
communications.
|
(t) Information contained in or related to |
|
examination, operating, or
condition reports prepared by, |
on behalf of, or for the use of a public
body responsible |
for the regulation or supervision of financial
|
institutions, insurance companies, or pharmacy benefit |
managers, unless disclosure is otherwise
required by State |
law.
|
(u) Information that would disclose
or might lead to |
the disclosure of
secret or confidential information, |
codes, algorithms, programs, or private
keys intended to |
be used to create electronic signatures under the Uniform |
Electronic Transactions Act.
|
(v) Vulnerability assessments, security measures, and |
response policies
or plans that are designed to identify, |
prevent, or respond to potential
attacks upon a |
community's population or systems, facilities, or |
installations, but only to the extent that
disclosure |
could reasonably be expected to expose the vulnerability |
or jeopardize the effectiveness of the
measures, policies, |
or plans, or the safety of the personnel who implement |
them or the public.
Information exempt under this item may |
include such things as details
pertaining to the |
mobilization or deployment of personnel or equipment, to |
the
operation of communication systems or protocols, to |
cybersecurity vulnerabilities, or to tactical operations.
|
(w) (Blank). |
(x) Maps and other records regarding the location or |
|
security of generation, transmission, distribution, |
storage, gathering,
treatment, or switching facilities |
owned by a utility, by a power generator, or by the |
Illinois Power Agency.
|
(y) Information contained in or related to proposals, |
bids, or negotiations related to electric power |
procurement under Section 1-75 of the Illinois Power |
Agency Act and Section 16-111.5 of the Public Utilities |
Act that is determined to be confidential and proprietary |
by the Illinois Power Agency or by the Illinois Commerce |
Commission.
|
(z) Information about students exempted from |
disclosure under Section Sections 10-20.38 or 34-18.29 of |
the School Code, and information about undergraduate |
students enrolled at an institution of higher education |
exempted from disclosure under Section 25 of the Illinois |
Credit Card Marketing Act of 2009. |
(aa) Information the disclosure of which is
exempted |
under the Viatical Settlements Act of 2009.
|
(bb) Records and information provided to a mortality |
review team and records maintained by a mortality review |
team appointed under the Department of Juvenile Justice |
Mortality Review Team Act. |
(cc) Information regarding interments, entombments, or |
inurnments of human remains that are submitted to the |
Cemetery Oversight Database under the Cemetery Care Act or |
|
the Cemetery Oversight Act, whichever is applicable. |
(dd) Correspondence and records (i) that may not be |
disclosed under Section 11-9 of the Illinois Public Aid |
Code or (ii) that pertain to appeals under Section 11-8 of |
the Illinois Public Aid Code. |
(ee) The names, addresses, or other personal |
information of persons who are minors and are also |
participants and registrants in programs of park |
districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
associations. |
(ff) The names, addresses, or other personal |
information of participants and registrants in programs of |
park districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
associations where such programs are targeted primarily to |
minors. |
(gg) Confidential information described in Section |
1-100 of the Illinois Independent Tax Tribunal Act of |
2012. |
(hh) The report submitted to the State Board of |
Education by the School Security and Standards Task Force |
under item (8) of subsection (d) of Section 2-3.160 of the |
School Code and any information contained in that report. |
(ii) Records requested by persons committed to or |
detained by the Department of Human Services under the |
|
Sexually Violent Persons Commitment Act or committed to |
the Department of Corrections under the Sexually Dangerous |
Persons Act if those materials: (i) are available in the |
library of the facility where the individual is confined; |
(ii) include records from staff members' personnel files, |
staff rosters, or other staffing assignment information; |
or (iii) are available through an administrative request |
to the Department of Human Services or the Department of |
Corrections. |
(jj) Confidential information described in Section |
5-535 of the Civil Administrative Code of Illinois. |
(kk) The public body's credit card numbers, debit card |
numbers, bank account numbers, Federal Employer |
Identification Number, security code numbers, passwords, |
and similar account information, the disclosure of which |
could result in identity theft or impression or defrauding |
of a governmental entity or a person. |
(ll) Records concerning the work of the threat |
assessment team of a school district, including, but not |
limited to, any threat assessment procedure under the |
School Safety Drill Act and any information contained in |
the procedure. |
(mm) Information prohibited from being disclosed under |
subsections (a) and (b) of Section 15 of the Student |
Confidential Reporting Act. |
(nn) (mm) Proprietary information submitted to the
|
|
Environmental Protection Agency under the Drug Take-Back
|
Act. |
(oo) (mm) Records described in subsection (f) of |
Section 3-5-1 of the Unified Code of Corrections. |
(pp) Reports described in subsection (e) of Section |
16-15 of the Abortion Care Clinical Training Program Act. |
(1.5) Any information exempt from disclosure under the |
Judicial Privacy Act shall be redacted from public records |
prior to disclosure under this Act. |
(2) A public record that is not in the possession of a |
public body but is in the possession of a party with whom the |
agency has contracted to perform a governmental function on |
behalf of the public body, and that directly relates to the |
governmental function and is not otherwise exempt under this |
Act, shall be considered a public record of the public body, |
for purposes of this Act. |
(3) This Section does not authorize withholding of |
information or limit the
availability of records to the |
public, except as stated in this Section or
otherwise provided |
in this Act.
|
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. |
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, |
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; |
102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. |
6-10-22; revised 12-13-22.)
|
|
Section 5. The Illinois Insurance Code is amended by |
changing Section 356z.60 as follows:
|
(215 ILCS 5/356z.60) |
Sec. 356z.60. Coverage for abortifacients, hormonal |
therapy, and human immunodeficiency virus pre-exposure |
prophylaxis and post-exposure prophylaxis. |
(a) As used in this Section: |
"Abortifacients" means any medication administered to |
terminate a pregnancy as prescribed or ordered by a health |
care professional. |
"Health care professional" means a physician licensed to |
practice medicine in all of its branches, licensed advanced |
practice registered nurse, or physician assistant. |
"Hormonal therapy medication" means hormonal treatment |
administered to treat gender dysphoria. |
"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 that satisfy the |
following general criteria: |
(1) it is approved as safe and effective; |
(2) it is a pharmaceutical equivalent in that it: |
(A) contains identical amounts of the same active |
drug ingredient in the same dosage form and route of |
|
administration; and |
(B) meets compendial or other applicable standards |
of strength, quality, purity, and identity; |
(3) it is bioequivalent in that: |
(A) it does not present a known or potential |
bioequivalence problem and it meets an acceptable in |
vitro standard; or |
(B) if it does present such a known or potential |
problem, it is shown to meet an appropriate |
bioequivalence standard; |
(4) it is adequately labeled; and |
(5) it is manufactured in compliance with Current Good |
Manufacturing Practice regulations adopted by the United |
States Food and Drug Administration. |
(b) An individual or group policy of accident and health |
insurance amended, delivered, issued, or renewed in this State |
on or after January 1, 2024 shall provide coverage for all |
abortifacients, hormonal therapy medication, human |
immunodeficiency virus pre-exposure prophylaxis , and |
post-exposure prophylaxis drugs approved by the United States |
Food and Drug Administration, and follow-up services related |
to that coverage, including, but not limited to, management of |
side effects, medication self-management or adherence |
counseling, risk reduction strategies, and mental health |
counseling. This coverage shall include drugs approved by the |
United States Food and Drug Administration that are prescribed |
|
or ordered for off-label use for the purposes described in |
this Section. |
(c) The coverage required under subsection (b) is subject |
to the following conditions: |
(1) If the United States Food and Drug Administration |
has approved one or more therapeutic equivalent versions |
of an abortifacient drug, 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. |
(2) If an individual's attending provider recommends a |
particular drug 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 defer to the determination of the attending |
provider and must cover that service or item without cost |
sharing. |
(3) If a drug 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. |
The conditions listed under this subsection (c) also apply |
to drugs prescribed for off-label use as abortifacients. |
(d) Except as otherwise provided in this Section, a policy |
|
subject to this Section shall not impose a deductible, |
coinsurance, copayment, or any other cost-sharing requirement |
on the coverage provided. The provisions of this subsection do |
not apply to coverage of 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. |
(e) Except as otherwise authorized under this Section, a |
policy shall not impose any restrictions or delays on the |
coverage required under this Section. |
(f) The coverage requirements in this Section for
|
abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),
|
apply to a multistate plan that does not provide coverage for
|
abortion. |
(g) If the Department concludes that enforcement of any
|
coverage requirement of this Section for abortifacients may
|
adversely affect the allocation of federal funds to this
|
State, the Department may grant an exemption to that
|
requirement, but only to the minimum extent necessary to |
ensure the continued receipt of federal funds.
|
(Source: P.A. 102-1117, eff. 1-13-23.)
|
Section 10. The Nurse Practice Act is amended by changing |
Sections 65-11 and 65-11.5 as follows:
|
(225 ILCS 65/65-11) |
|
Sec. 65-11. Temporary permit for advanced practice |
registered nurses for health care. |
(a) The Department may issue a temporary permit to an |
applicant who is licensed to practice as an advanced practice |
registered nurse in another state. The temporary permit will |
authorize the practice of providing health care to patients in |
this State, with a collaborating physician in this State, if |
all of the following apply: |
(1) The Department determines that the applicant's |
services will improve the welfare of Illinois residents |
and non-residents requiring health care services. |
(2) The applicant has obtained a graduate degree |
appropriate for national
certification in a clinical |
advanced practice registered nursing specialty or a |
graduate degree or post-master's certificate from a |
graduate level program in a clinical advanced practice |
registered nursing specialty; the applicant has submitted |
verification of licensure status in good standing in the |
applicant's current state or territory of licensure; and |
the applicant can furnish the Department with a certified |
letter upon request from that jurisdiction attesting to |
the fact that the applicant has no pending action or |
violations against the applicant's license. |
The Department will not consider an advanced practice |
registered nurse's license being revoked or otherwise
|
disciplined by any state or territory based solely on the
|
|
advanced practice registered nurse providing, authorizing,
|
recommending, aiding, assisting, referring for, or
|
otherwise participating in any health care service that is
|
unlawful or prohibited in that state or territory, if the
|
provision of, authorization of, or participation in that
|
health care, medical service, or procedure related to any
|
health care service is not unlawful or prohibited in this
|
State. |
(3) The applicant has sufficient training and |
possesses the appropriate core competencies to provide |
health care services, and is physically, mentally, and |
professionally capable of practicing as an advanced |
practice registered nurse with reasonable judgment, skill, |
and safety and in accordance with applicable standards of |
care. |
(4) The applicant has met the written collaborative |
agreement requirements under Section 65-35. |
(5) The applicant will be working pursuant to an |
agreement with a sponsoring licensed hospital, medical |
office, clinic, or other medical facility providing health |
care services. Such agreement shall be executed by an |
authorized representative of the licensed hospital, |
medical office, clinic, or other medical facility, |
certifying that the advanced practice registered nurse |
holds an active license and is in good standing in the |
state in which they are licensed. If an applicant for a |
|
temporary permit has been previously disciplined by |
another jurisdiction, except as described in paragraph (2) |
of subsection (a), further review may be conducted |
pursuant to the Civil Administrative Code of Illinois and |
this Act. The application shall include the advanced |
practice registered nurse's name, contact information, |
state of licensure, and license number. |
(6) Payment of a $75 fee. |
The sponsoring licensed hospital, medical office, clinic, |
or other medical facility engaged in the agreement with the |
applicant shall notify the Department should the applicant at |
any point leave or become separate from the sponsor. |
The Department may adopt rules to carry out this Section. |
(b) A temporary permit under this Section shall expire 2 |
years after the date of issuance. The temporary permit may be |
renewed for a $45 fee for an additional 2 years. A holder of a |
temporary permit may only renew one time. |
(c) The temporary permit shall only permit the holder to |
practice as an advanced practice registered nurse with a |
collaborating physician who provides health care services at |
the location or locations specified on the permit or via |
telehealth. |
(d) An application for the temporary permit shall be made |
to the Department, in writing, on forms prescribed by the |
Department, and shall be accompanied by a non-refundable fee |
of $75. The Department shall grant or deny an applicant a |
|
temporary permit within 60 days of receipt of a completed |
application. The Department shall notify the applicant of any |
deficiencies in the applicant's application materials |
requiring corrections in a timely manner. |
(e) An applicant for temporary permit may be requested to |
appear before the Board to respond to questions concerning the |
applicant's qualifications to receive the permit. An |
applicant's refusal to appear before the Board of Nursing may |
be grounds for denial of the application by the Department. |
(f) The Secretary may summarily cancel any temporary |
permit issued pursuant to this Section, without a hearing, if |
the Secretary finds that evidence in his or her possession |
indicates that a permit holder's continuation in practice |
would constitute an imminent danger to the public or violate |
any provision of this Act or its rules. |
If the Secretary summarily cancels a temporary permit |
issued pursuant to this Section or Act, the permit holder may |
petition the Department for a hearing in accordance with the |
provisions of Section 70-125 to restore his or her permit, |
unless the permit holder has exceeded his or her renewal |
limit. |
(g) In addition to terminating any temporary permit issued |
pursuant to this Section or Act, the Department may issue a |
monetary penalty not to exceed $10,000 upon the temporary |
permit holder and may notify any state in which the temporary |
permit holder has been issued a permit that his or her Illinois |
|
permit has been terminated and the reasons for the |
termination. The monetary penalty shall be paid within 60 days |
after the effective date of the order imposing the penalty. |
The order shall constitute a judgment and may be filed, and |
execution had thereon in the same manner as any judgment from |
any court of record. It is the intent of the General Assembly |
that a permit issued pursuant to this Section shall be |
considered a privilege and not a property right. |
(h) While working in Illinois, all temporary permit |
holders are subject to all statutory and regulatory |
requirements of this Act in the same manner as a licensee. |
Failure to adhere to all statutory and regulatory requirements |
may result in revocation or other discipline of the temporary |
permit. |
(i) If the Department becomes aware of a violation |
occurring at the facility licensed by the Department of Public |
Health, licensed hospital, medical office, clinic, or other |
medical facility, or via telehealth service, the Department |
shall notify the Department of Public Health. |
(j) The Department may adopt emergency rules pursuant to |
this Section. The General Assembly finds that the adoption of |
rules to implement a temporary permit for health care services |
is deemed an emergency and necessary for the public interest, |
safety, and welfare.
|
(Source: P.A. 102-1117, eff. 1-13-23.)
|
|
(225 ILCS 65/65-11.5) |
Sec. 65-11.5. Temporary permit for full practice advanced |
practice registered nurses for health care. |
(a) The Department may issue a full practice advanced |
practice registered nurse temporary permit to an applicant who |
is licensed to practice as an advanced practice registered |
nurse in another state. The temporary permit will authorize |
the practice of providing health care to patients in this |
State if all of the following apply: |
(1) The Department determines that the applicant's |
services will improve the welfare of Illinois residents |
and non-residents requiring health care services. |
(2) The applicant has obtained a graduate degree |
appropriate for national
certification in a clinical |
advanced practice registered nursing specialty or a |
graduate degree or post-master's certificate from a |
graduate level program in a clinical advanced practice |
registered nursing specialty; the applicant is certified |
as a nurse practitioner, nurse midwife, or clinical nurse |
specialist; the applicant has submitted verification of |
licensure status in good standing in the applicant's |
current state or territory of licensure; and the applicant |
can furnish the Department with a certified letter upon |
request from that jurisdiction attesting to the fact that |
the applicant has no pending action or violations against |
the applicant's license. |
|
The Department shall not consider an advanced practice |
registered nurse's license being revoked or otherwise |
disciplined by any state or territory for the provision |
of, authorization of, or participation in any health care, |
medical service, or procedure related to an abortion on |
the basis that such health care, medical service, or |
procedure related to an abortion is unlawful or prohibited |
in that state or territory, if the provision of, |
authorization of, or participation in that health care, |
medical service, or procedure related to an abortion is |
not unlawful or prohibited in this State. |
(3) The applicant has sufficient training and |
possesses the appropriate core competencies to provide |
health care services, and is physically, mentally, and |
professionally capable of practicing as an advanced |
practice registered nurse with reasonable judgment, skill, |
and safety and in accordance with applicable standards of |
care. |
(4) The applicant will be working pursuant to an |
agreement with a sponsoring licensed hospital, medical |
office, clinic, or other medical facility providing health |
care services. Such agreement shall be executed by an |
authorized representative of the licensed hospital, |
medical office, clinic, or other medical facility, |
certifying that the advanced practice registered nurse |
holds an active license and is in good standing in the |
|
state in which they are licensed. If an applicant for a |
temporary permit has been previously disciplined by |
another jurisdiction, except as described in paragraph (2) |
of subsection (a), further review may be conducted |
pursuant to the Civil Administrative Code of Illinois and |
this Act. The application shall include the advanced |
practice registered nurse's name, contact information, |
state of licensure, and license number. |
(5) Payment of a $75 fee. |
The sponsoring licensed hospital, medical office, clinic, |
or other medical facility engaged in the agreement with the |
applicant shall notify the Department should the applicant at |
any point leave or become separate from the sponsor. |
The Department may adopt rules to carry out this Section. |
(b) A temporary permit under this Section shall expire 2 |
years after the date of issuance. The temporary permit may be |
renewed for a $45 fee for an additional 2 years. A holder of a |
temporary permit may only renew one time. |
(c) The temporary permit shall only permit the holder to |
practice as a full practice advanced practice registered nurse |
within the scope of providing health care services at the |
location or locations specified on the permit or via |
telehealth service. |
(d) An application for the temporary permit shall be made |
to the Department, in writing, on forms prescribed by the |
Department, and shall be accompanied by a non-refundable fee |
|
of $75. |
(e) An applicant for temporary permit may be requested to |
appear before the Board to respond to questions concerning the |
applicant's qualifications to receive the permit. An |
applicant's refusal to appear before the Board of Nursing may |
be grounds for denial of the application by the Department. |
(f) The Secretary may summarily cancel any temporary |
permit issued pursuant to this Section, without a hearing, if |
the Secretary finds that evidence in his or her possession |
indicates that a permit holder's continuation in practice |
would constitute an imminent danger to the public or violate |
any provision of this Act or its rules. |
If the Secretary summarily cancels a temporary permit |
issued pursuant to this Section or Act, the permit holder may |
petition the Department for a hearing in accordance with the |
provisions of Section 70-125 of this Act to restore his or her |
permit, unless the permit holder has exceeded his or her |
renewal limit. |
(g) In addition to terminating any temporary permit issued |
pursuant to this Section or Act, the Department may issue a |
monetary penalty not to exceed $10,000 upon the temporary |
permit holder and may notify any state in which the temporary |
permit holder has been issued a permit that his or her Illinois |
permit has been terminated and the reasons for the |
termination. The monetary penalty shall be paid within 60 days |
after the effective date of the order imposing the penalty. |
|
The order shall constitute a judgment and may be filed, and |
execution had thereon in the same manner as any judgment from |
any court of record. It is the intent of the General Assembly |
that a permit issued pursuant to this Section shall be |
considered a privilege and not a property right. |
(h) While working in Illinois, all temporary permit |
holders are subject to all statutory and regulatory |
requirements of this Act in the same manner as a licensee. |
Failure to adhere to all statutory and regulatory requirements |
may result in revocation or other discipline of the temporary |
permit. |
(i) If the Department becomes aware of a violation |
occurring at the facility licensed by the Department of Public |
Health, licensed hospital, medical office, clinic, or other |
medical facility, or via telehealth service, the Department |
shall notify the Department of Public Health. |
(j) The Department may adopt emergency rules pursuant to |
this Section. The General Assembly finds that the adoption of |
rules to implement a temporary permit for health care services |
is deemed an emergency and necessary for the public interest, |
safety, and welfare.
|
(Source: P.A. 102-1117, eff. 1-13-23.)
|
Section 15. The Pharmacy Practice Act is amended by |
changing Section 43.5 as follows:
|
|
(225 ILCS 85/43.5) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 43.5. HIV prophylaxis. In accordance with a standing |
order by a physician licensed to practice medicine in all its |
branches or the medical director of a county or local health |
department or a standing order by the Department of Public |
Health , a pharmacist may provide patients with prophylaxis |
drugs for human immunodeficiency virus pre-exposure |
prophylaxis or post-exposure prophylaxis. |
A pharmacist may provide initial assessment and dispensing |
of prophylaxis drugs for human immunodeficiency virus |
pre-exposure prophylaxis or post-exposure prophylaxis. If a |
patient's HIV test results are reactive, the pharmacist shall |
refer the patient to an appropriate health care professional |
or clinic. If the patient's HIV test results are nonreactive, |
the pharmacist may initiate human immunodeficiency virus |
pre-exposure prophylaxis or post-exposure prophylaxis to |
eligible patients. |
The standing order must be consistent with the current |
version of the guidelines of the Centers for Disease Control |
and Prevention, guidelines of the United States Preventive |
Services Task Force, or generally recognized evidence-based |
clinical guidelines. |
A pharmacist must communicate the services provided under |
this Section to the patient and the patient's primary health |
care provider or other health care professional or clinic, if |
|
known. If there is no primary health care provider provided by |
the patient, then the pharmacist shall give the patient a list |
of primary health care providers, other health care |
professionals, and clinics in the area. |
The services provided under this Section shall be |
appropriately documented and retained in a confidential manner |
consistent with State HIV confidentiality requirements. |
The services provided under this Section shall take place |
in a private manner. |
A pharmacist shall complete an educational training |
program accredited by the Accreditation Council for Pharmacy |
Education and approved by the Department that is related to |
the initiation, dispensing, or administration of drugs, |
laboratory tests, assessments, referrals, and consultations |
for human immunodeficiency virus pre-exposure prophylaxis and |
human immunodeficiency virus post-exposure prophylaxis.
|
(Source: P.A. 102-1051, eff. 1-1-23 .)
|
Section 20. The Physician Assistant Practice Act of 1987 |
is amended by changing Section 9.7 as follows:
|
(225 ILCS 95/9.7) |
Sec. 9.7. Temporary permit for health care. |
(a) The Department may issue a temporary permit to an |
applicant who is licensed to practice as a physician assistant |
in another state. The temporary permit will authorize the |
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practice of providing health care to patients in this State, |
with a collaborating physician in this State, if all of the |
following apply: |
(1) The Department determines that the applicant's |
services will improve the welfare of Illinois residents |
and non-residents requiring health care services. |
(2) The applicant has obtained certification by the |
National Commission on Certification of Physician |
Assistants or its successor agency; the applicant has |
submitted verification of licensure status in good |
standing in the applicant's current state or territory of |
licensure; and the applicant can furnish the Department |
with a certified letter upon request from that |
jurisdiction attesting to the fact that the applicant has |
no pending action or violations against the applicant's |
license. |
The Department will not consider a physician |
assistant's license being revoked or otherwise disciplined |
by any state or territory based solely on the physician |
providing, authorizing, recommending, aiding, assisting, |
referring for, or otherwise participating in any health |
care service that is unlawful or prohibited in that state |
or territory, if the provision of, authorization of, or |
participation in that health care service, medical |
service, or procedure related to any health care service |
is not unlawful or prohibited in this State. |
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(3) The applicant has sufficient training and |
possesses the appropriate core competencies to provide |
health care services, and is physically, mentally, and |
professionally capable of practicing as a physician |
assistant with reasonable judgment, skill, and safety and |
in accordance with applicable standards of care. |
(4) The applicant has met the written collaborative |
agreement requirements under subsection (a) of Section |
7.5. |
(5) The applicant will be working pursuant to an |
agreement with a sponsoring licensed hospital, medical |
office, clinic, or other medical facility providing health |
care services. Such agreement shall be executed by an |
authorized representative of the licensed hospital, |
medical office, clinic, or other medical facility, |
certifying that the physician assistant holds an active |
license and is in good standing in the state in which they |
are licensed. If an applicant for a temporary permit has |
been previously disciplined by another jurisdiction, |
except as described in paragraph (2) of subsection (a), |
further review may be conducted pursuant to the Civil |
Administrative Code of Illinois and this Act. The |
application shall include the physician assistant's name, |
contact information, state of licensure, and license |
number. |
(6) Payment of a $75 fee. |
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The sponsoring licensed hospital, medical office, clinic, |
or other medical facility engaged in the agreement with the |
applicant shall notify the Department should the applicant at |
any point leave or become separate from the sponsor. |
The Department may adopt rules to carry out this Section. |
(b) A temporary permit under this Section shall expire 2 |
years after the date of issuance. The temporary permit may be |
renewed for a $45 fee for an additional 2 years. A holder of a |
temporary permit may only renew one time. |
(c) The temporary permit shall only permit the holder to |
practice as a physician assistant with a collaborating |
physician who provides health care services with the sponsor |
specified on the permit. |
(d) An application for the temporary permit shall be made |
to the Department, in writing, on forms prescribed by the |
Department, and shall be accompanied by a non-refundable fee |
of $75. The Department shall grant or deny an applicant a |
temporary permit within 60 days of receipt of a completed |
application. The Department shall notify the applicant of any |
deficiencies in the applicant's application materials |
requiring corrections in a timely manner. |
(e) An applicant for a temporary permit may be requested |
to appear before the Board to respond to questions concerning |
the applicant's qualifications to receive the permit. An |
applicant's refusal to appear before the Board may be grounds |
for denial of the application by the Department. |
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(f) The Secretary may summarily cancel any temporary |
permit issued pursuant to this Section, without a hearing, if |
the Secretary finds that evidence in his or her possession |
indicates that a permit holder's continuation in practice |
would constitute an imminent danger to the public or violate |
any provision of this Act or its rules. If the Secretary |
summarily cancels a temporary permit issued pursuant to this |
Section or Act, the permit holder may petition the Department |
for a hearing in accordance with the provisions of Section |
22.11 to restore his or her permit, unless the permit holder |
has exceeded his or her renewal limit. |
(g) In addition to terminating any temporary permit issued |
pursuant to this Section or Act, the Department may issue a |
monetary penalty not to exceed $10,000 upon the temporary |
permit holder and may notify any state in which the temporary |
permit holder has been issued a permit that his or her Illinois |
permit has been terminated and the reasons for that |
termination. The monetary penalty shall be paid within 60 days |
after the effective date of the order imposing the penalty. |
The order shall constitute a judgment and may be filed, and |
execution had thereon in the same manner as any judgment from |
any court of record. It is the intent of the General Assembly |
that a permit issued pursuant to this Section shall be |
considered a privilege and not a property right. |
(h) While working in Illinois, all temporary permit |
holders are subject to all statutory and regulatory |
|
requirements of this Act in the same manner as a licensee. |
Failure to adhere to all statutory and regulatory requirements |
may result in revocation or other discipline of the temporary |
permit. |
(i) If the Department becomes aware of a violation |
occurring at the facility licensed by the Department of Public |
Health, licensed hospital, medical office, clinic, or other |
medical facility, or occurring via telehealth services, the |
Department shall notify the Department of Public Health. |
(j) The Department may adopt emergency rules pursuant to |
this Section. The General Assembly finds that the adoption of |
rules to implement a temporary permit for health care services |
is deemed an emergency and necessary for the public interest, |
safety, and welfare.
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(Source: P.A. 102-1117, eff. 1-13-23.)
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Section 25. The Abortion Care Clinical Training Program |
Act is amended by changing Section 16-15 as follows:
|
(410 ILCS 185/16-15)
|
Sec. 16-15. Program administration and reporting. |
(a) Subject to appropriation to the Fund, the Department |
shall contract with at least one coordinating organization to |
administer the Program. The Department shall use the Fund to |
contract with the coordinating organization. |
(b) A coordinating organization contracted by the |
|
Department to administer the Program shall: |
(1) submit an annual report to the Department |
regarding Program performance, including the number of |
participants enrolled, the demographics of Program |
participants, the number of participants who successfully |
complete the Program, the outcome of successful Program |
participants, and the level of involvement of the |
participants in providing abortion and other forms of |
reproductive health care in Illinois; and |
(2) meet any other requirements established by the |
Department that are not inconsistent with this Act. |
(c) The Department shall release the name of any |
coordinating organization it coordinates with and any entity |
receiving funds to assist in the implementation of this |
Program through the coordinating organization. The Department |
shall not release the name of any individual person or health |
care professional administering services through or |
participating in the Program. The Department shall, by rule, |
establish procedures to ensure that sensitive Program |
information, including any personal information and |
information that, if released, could endanger the life or |
physical safety of program participants, remains confidential. |
(d) Any coordinating organization or other entity |
receiving funds to implement this Program is subject to the |
requirements of the Grant Accountability and Transparency Act.
|
(e) All reports received by the Department in accordance |
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with this Section shall be treated as confidential and exempt |
from the Freedom of Information Act. |
(Source: P.A. 102-1117, eff. 1-13-23.)
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Section 95. 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.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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