Full Text of SB3336 99th General Assembly
SB3336sam003 99TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 5/2/2016
| | 09900SB3336sam003 | | LRB099 16220 SMS 47984 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3336
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3336 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical |
| | | 09900SB3336sam003 | - 2 - | LRB099 16220 SMS 47984 a |
|
| 1 | | records received by the Experimental Organ Transplantation | 2 | | Procedures Board and any and all documents or other records | 3 | | prepared by the Experimental Organ Transplantation | 4 | | Procedures Board or its staff relating to applications it | 5 | | has received. | 6 | | (d) Information and records held by the Department of | 7 | | Public Health and its authorized representatives relating | 8 | | to known or suspected cases of sexually transmissible | 9 | | disease or any information the disclosure of which is | 10 | | restricted under the Illinois Sexually Transmissible | 11 | | Disease Control Act. | 12 | | (e) Information the disclosure of which is exempted | 13 | | under Section 30 of the Radon Industry Licensing Act. | 14 | | (f) Firm performance evaluations under Section 55 of | 15 | | the Architectural, Engineering, and Land Surveying | 16 | | Qualifications Based Selection Act. | 17 | | (g) Information the disclosure of which is restricted | 18 | | and exempted under Section 50 of the Illinois Prepaid | 19 | | Tuition Act. | 20 | | (h) Information the disclosure of which is exempted | 21 | | under the State Officials and Employees Ethics Act, and | 22 | | records of any lawfully created State or local inspector | 23 | | general's office that would be exempt if created or | 24 | | obtained by an Executive Inspector General's office under | 25 | | that Act. | 26 | | (i) Information contained in a local emergency energy |
| | | 09900SB3336sam003 | - 3 - | LRB099 16220 SMS 47984 a |
|
| 1 | | plan submitted to a municipality in accordance with a local | 2 | | emergency energy plan ordinance that is adopted under | 3 | | Section 11-21.5-5 of the Illinois Municipal Code. | 4 | | (j) Information and data concerning the distribution | 5 | | of surcharge moneys collected and remitted by wireless | 6 | | carriers under the Wireless Emergency Telephone Safety | 7 | | Act. | 8 | | (k) Law enforcement officer identification information | 9 | | or driver identification information compiled by a law | 10 | | enforcement agency or the Department of Transportation | 11 | | under Section 11-212 of the Illinois Vehicle Code. | 12 | | (l) Records and information provided to a residential | 13 | | health care facility resident sexual assault and death | 14 | | review team or the Executive Council under the Abuse | 15 | | Prevention Review Team Act. | 16 | | (m) Information provided to the predatory lending | 17 | | database created pursuant to Article 3 of the Residential | 18 | | Real Property Disclosure Act, except to the extent | 19 | | authorized under that Article. | 20 | | (n) Defense budgets and petitions for certification of | 21 | | compensation and expenses for court appointed trial | 22 | | counsel as provided under Sections 10 and 15 of the Capital | 23 | | Crimes Litigation Act. This subsection (n) shall apply | 24 | | until the conclusion of the trial of the case, even if the | 25 | | prosecution chooses not to pursue the death penalty prior | 26 | | to trial or sentencing. |
| | | 09900SB3336sam003 | - 4 - | LRB099 16220 SMS 47984 a |
|
| 1 | | (o) Information that is prohibited from being | 2 | | disclosed under Section 4 of the Illinois Health and | 3 | | Hazardous Substances Registry Act. | 4 | | (p) Security portions of system safety program plans, | 5 | | investigation reports, surveys, schedules, lists, data, or | 6 | | information compiled, collected, or prepared by or for the | 7 | | Regional Transportation Authority under Section 2.11 of | 8 | | the Regional Transportation Authority Act or the St. Clair | 9 | | County Transit District under the Bi-State Transit Safety | 10 | | Act. | 11 | | (q) Information prohibited from being disclosed by the | 12 | | Personnel Records Review Act. | 13 | | (r) Information prohibited from being disclosed by the | 14 | | Illinois School Student Records Act. | 15 | | (s) Information the disclosure of which is restricted | 16 | | under Section 5-108 of the Public Utilities Act.
| 17 | | (t) All identified or deidentified health information | 18 | | in the form of health data or medical records contained in, | 19 | | stored in, submitted to, transferred by, or released from | 20 | | the Illinois Health Information Exchange, and identified | 21 | | or deidentified health information in the form of health | 22 | | data and medical records of the Illinois Health Information | 23 | | Exchange in the possession of the Illinois Health | 24 | | Information Exchange Authority due to its administration | 25 | | of the Illinois Health Information Exchange. The terms | 26 | | "identified" and "deidentified" shall be given the same |
| | | 09900SB3336sam003 | - 5 - | LRB099 16220 SMS 47984 a |
|
| 1 | | meaning as in the Health Insurance Portability and | 2 | | Accountability and Portability Act of 1996, Public Law | 3 | | 104-191, or any subsequent amendments thereto, and any | 4 | | regulations promulgated thereunder. | 5 | | (u) Records and information provided to an independent | 6 | | team of experts under Brian's Law. | 7 | | (v) Names and information of people who have applied | 8 | | for or received Firearm Owner's Identification Cards under | 9 | | the Firearm Owners Identification Card Act or applied for | 10 | | or received a concealed carry license under the Firearm | 11 | | Concealed Carry Act, unless otherwise authorized by the | 12 | | Firearm Concealed Carry Act; and databases under the | 13 | | Firearm Concealed Carry Act, records of the Concealed Carry | 14 | | Licensing Review Board under the Firearm Concealed Carry | 15 | | Act, and law enforcement agency objections under the | 16 | | Firearm Concealed Carry Act. | 17 | | (w) Personally identifiable information which is | 18 | | exempted from disclosure under subsection (g) of Section | 19 | | 19.1 of the Toll Highway Act. | 20 | | (x) Information which is exempted from disclosure | 21 | | under Section 5-1014.3 of the Counties Code or Section | 22 | | 8-11-21 of the Illinois Municipal Code. | 23 | | (y) Confidential information under the Adult | 24 | | Protective Services Act and its predecessor enabling | 25 | | statute, the Elder Abuse and Neglect Act, including | 26 | | information about the identity and administrative finding |
| | | 09900SB3336sam003 | - 6 - | LRB099 16220 SMS 47984 a |
|
| 1 | | against any caregiver of a verified and substantiated | 2 | | decision of abuse, neglect, or financial exploitation of an | 3 | | eligible adult maintained in the Registry established | 4 | | under Section 7.5 of the Adult Protective Services Act. | 5 | | (z) Records and information provided to a fatality | 6 | | review team or the Illinois Fatality Review Team Advisory | 7 | | Council under Section 15 of the Adult Protective Services | 8 | | Act. | 9 | | (aa) Information which is exempted from disclosure | 10 | | under Section 2.37 of the Wildlife Code. | 11 | | (bb) Information which is or was prohibited from | 12 | | disclosure by the Juvenile Court Act of 1987. | 13 | | (cc) (bb) Recordings made under the Law Enforcement | 14 | | Officer-Worn Body Camera Act, except to the extent | 15 | | authorized under that Act. | 16 | | (dd) Information that is exempted from disclosure | 17 | | under Section 30.1 of the Pharmacy Practice Act. | 18 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | 19 | | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | 20 | | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | 21 | | revised 10-14-15.) | 22 | | Section 10. The Pharmacy Practice Act is amended by adding | 23 | | Section 30.1 as follows: | 24 | | (225 ILCS 85/30.1 new) |
| | | 09900SB3336sam003 | - 7 - | LRB099 16220 SMS 47984 a |
|
| 1 | | Sec. 30.1. Reporting. | 2 | | (a) When a pharmacist, registered certified pharmacy | 3 | | technician, or a registered pharmacy technician licensed by the | 4 | | Department is terminated for actions which may have threatened | 5 | | patient safety, the pharmacy or pharmacist-in-charge, pursuant | 6 | | to the policies and procedures of the pharmacy at which he or | 7 | | she is employed, shall report the termination to the chief | 8 | | pharmacy coordinator. Such reports shall be strictly | 9 | | confidential and may be reviewed and considered only by the | 10 | | members of the Board or by authorized Department staff. Such | 11 | | reports, and any records associated with such reports, are | 12 | | exempt from public disclosure and the Freedom of Information | 13 | | Act. Although the reports are exempt from disclosure, any | 14 | | formal complaint filed against a licensee or registrant by the | 15 | | Department or any order issued by the Department against a | 16 | | licensee, registrant, or applicant shall be a public record, | 17 | | except as otherwise prohibited by law. | 18 | | (b) The report shall be submitted to the chief pharmacy | 19 | | coordinator in a timely fashion. Unless otherwise provided in | 20 | | this Section, the reports shall be filed in writing, on forms | 21 | | provided by the Department, within 60 days after a pharmacy's | 22 | | determination that a report is required under this Act. All | 23 | | reports shall contain only the following information: | 24 | | (1) The name, address, and telephone number of the | 25 | | person making the report. | 26 | | (2) The name, license number, and last known address |
| | | 09900SB3336sam003 | - 8 - | LRB099 16220 SMS 47984 a |
|
| 1 | | and telephone number of the person who is the subject of | 2 | | the report. | 3 | | (3) A brief description of the facts which gave rise to | 4 | | the issuance of the report, including dates of occurrence. | 5 | | (c) The contents of any report and any records associated | 6 | | with such report shall be strictly confidential and may only be | 7 | | reviewed by: | 8 | | (1) members of the Board of Pharmacy; | 9 | | (2) the Board of Pharmacy's designated attorney; | 10 | | (3) administrative personnel assigned to open mail | 11 | | containing reports, to process and distribute reports to | 12 | | authorized persons, and to communicate with senders of | 13 | | reports; or | 14 | | (4) Department investigators and Department | 15 | | prosecutors. | 16 | | (d) Whenever a pharmacy or pharmacist-in-charge makes a | 17 | | report and provides any records associated with that report to | 18 | | the Department, acts in good faith, and not in a willful and | 19 | | wanton manner, the person or entity making the report and the | 20 | | pharmacy or health care institution employing him or her shall | 21 | | not, as a result of such actions, be subject to criminal | 22 | | prosecution or civil damages.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
|
|