HB5076 EngrossedLRB103 39339 CES 69501 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmitted
3    infection transmissible disease or any information the
4    disclosure of which is restricted under the Illinois
5    Sexually Transmitted Infection Transmissible Disease
6    Control Act.
7        (e) Information the disclosure of which is exempted
8    under Section 30 of the Radon Industry Licensing Act.
9        (f) Firm performance evaluations under Section 55 of
10    the Architectural, Engineering, and Land Surveying
11    Qualifications Based Selection Act.
12        (g) Information the disclosure of which is restricted
13    and exempted under Section 50 of the Illinois Prepaid
14    Tuition Act.
15        (h) Information the disclosure of which is exempted
16    under the State Officials and Employees Ethics Act, and
17    records of any lawfully created State or local inspector
18    general's office that would be exempt if created or
19    obtained by an Executive Inspector General's office under
20    that Act.
21        (i) Information contained in a local emergency energy
22    plan submitted to a municipality in accordance with a
23    local emergency energy plan ordinance that is adopted
24    under Section 11-21.5-5 of the Illinois Municipal Code.
25        (j) Information and data concerning the distribution
26    of surcharge moneys collected and remitted by carriers

 

 

HB5076 Engrossed- 3 -LRB103 39339 CES 69501 b

1    under the Emergency Telephone System Act.
2        (k) Law enforcement officer identification information
3    or driver identification information compiled by a law
4    enforcement agency or the Department of Transportation
5    under Section 11-212 of the Illinois Vehicle Code.
6        (l) Records and information provided to a residential
7    health care facility resident sexual assault and death
8    review team or the Executive Council under the Abuse
9    Prevention Review Team Act.
10        (m) Information provided to the predatory lending
11    database created pursuant to Article 3 of the Residential
12    Real Property Disclosure Act, except to the extent
13    authorized under that Article.
14        (n) Defense budgets and petitions for certification of
15    compensation and expenses for court appointed trial
16    counsel as provided under Sections 10 and 15 of the
17    Capital Crimes Litigation Act (repealed). This subsection
18    (n) shall apply until the conclusion of the trial of the
19    case, even if the prosecution chooses not to pursue the
20    death penalty prior to trial or sentencing.
21        (o) Information that is prohibited from being
22    disclosed under Section 4 of the Illinois Health and
23    Hazardous Substances Registry Act.
24        (p) Security portions of system safety program plans,
25    investigation reports, surveys, schedules, lists, data, or
26    information compiled, collected, or prepared by or for the

 

 

HB5076 Engrossed- 4 -LRB103 39339 CES 69501 b

1    Department of Transportation under Sections 2705-300 and
2    2705-616 of the Department of Transportation Law of the
3    Civil Administrative Code of Illinois, the Regional
4    Transportation Authority under Section 2.11 of the
5    Regional Transportation Authority Act, or the St. Clair
6    County Transit District under the Bi-State Transit Safety
7    Act (repealed).
8        (q) Information prohibited from being disclosed by the
9    Personnel Record Review Act.
10        (r) Information prohibited from being disclosed by the
11    Illinois School Student Records Act.
12        (s) Information the disclosure of which is restricted
13    under Section 5-108 of the Public Utilities Act.
14        (t) (Blank).
15        (u) Records and information provided to an independent
16    team of experts under the Developmental Disability and
17    Mental Health Safety Act (also known as Brian's Law).
18        (v) Names and information of people who have applied
19    for or received Firearm Owner's Identification Cards under
20    the Firearm Owners Identification Card Act or applied for
21    or received a concealed carry license under the Firearm
22    Concealed Carry Act, unless otherwise authorized by the
23    Firearm Concealed Carry Act; and databases under the
24    Firearm Concealed Carry Act, records of the Concealed
25    Carry Licensing Review Board under the Firearm Concealed
26    Carry Act, and law enforcement agency objections under the

 

 

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1    Firearm Concealed Carry Act.
2        (v-5) Records of the Firearm Owner's Identification
3    Card Review Board that are exempted from disclosure under
4    Section 10 of the Firearm Owners Identification Card Act.
5        (w) Personally identifiable information which is
6    exempted from disclosure under subsection (g) of Section
7    19.1 of the Toll Highway Act.
8        (x) Information which is exempted from disclosure
9    under Section 5-1014.3 of the Counties Code or Section
10    8-11-21 of the Illinois Municipal Code.
11        (y) Confidential information under the Adult
12    Protective Services Act and its predecessor enabling
13    statute, the Elder Abuse and Neglect Act, including
14    information about the identity and administrative finding
15    against any caregiver of a verified and substantiated
16    decision of abuse, neglect, or financial exploitation of
17    an eligible adult maintained in the Registry established
18    under Section 7.5 of the Adult Protective Services Act.
19        (z) Records and information provided to a fatality
20    review team or the Illinois Fatality Review Team Advisory
21    Council under Section 15 of the Adult Protective Services
22    Act.
23        (aa) Information which is exempted from disclosure
24    under Section 2.37 of the Wildlife Code.
25        (bb) Information which is or was prohibited from
26    disclosure by the Juvenile Court Act of 1987.

 

 

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1        (cc) Recordings made under the Law Enforcement
2    Officer-Worn Body Camera Act, except to the extent
3    authorized under that Act.
4        (dd) Information that is prohibited from being
5    disclosed under Section 45 of the Condominium and Common
6    Interest Community Ombudsperson Act.
7        (ee) Information that is exempted from disclosure
8    under Section 30.1 of the Pharmacy Practice Act.
9        (ff) Information that is exempted from disclosure
10    under the Revised Uniform Unclaimed Property Act.
11        (gg) Information that is prohibited from being
12    disclosed under Section 7-603.5 of the Illinois Vehicle
13    Code.
14        (hh) Records that are exempt from disclosure under
15    Section 1A-16.7 of the Election Code.
16        (ii) Information which is exempted from disclosure
17    under Section 2505-800 of the Department of Revenue Law of
18    the Civil Administrative Code of Illinois.
19        (jj) Information and reports that are required to be
20    submitted to the Department of Labor by registering day
21    and temporary labor service agencies but are exempt from
22    disclosure under subsection (a-1) of Section 45 of the Day
23    and Temporary Labor Services Act.
24        (kk) Information prohibited from disclosure under the
25    Seizure and Forfeiture Reporting Act.
26        (ll) Information the disclosure of which is restricted

 

 

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1    and exempted under Section 5-30.8 of the Illinois Public
2    Aid Code.
3        (mm) Records that are exempt from disclosure under
4    Section 4.2 of the Crime Victims Compensation Act.
5        (nn) Information that is exempt from disclosure under
6    Section 70 of the Higher Education Student Assistance Act.
7        (oo) Communications, notes, records, and reports
8    arising out of a peer support counseling session
9    prohibited from disclosure under the First Responders
10    Suicide Prevention Act.
11        (pp) Names and all identifying information relating to
12    an employee of an emergency services provider or law
13    enforcement agency under the First Responders Suicide
14    Prevention Act.
15        (qq) Information and records held by the Department of
16    Public Health and its authorized representatives collected
17    under the Reproductive Health Act.
18        (rr) Information that is exempt from disclosure under
19    the Cannabis Regulation and Tax Act.
20        (ss) Data reported by an employer to the Department of
21    Human Rights pursuant to Section 2-108 of the Illinois
22    Human Rights Act.
23        (tt) Recordings made under the Children's Advocacy
24    Center Act, except to the extent authorized under that
25    Act.
26        (uu) Information that is exempt from disclosure under

 

 

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1    Section 50 of the Sexual Assault Evidence Submission Act.
2        (vv) Information that is exempt from disclosure under
3    subsections (f) and (j) of Section 5-36 of the Illinois
4    Public Aid Code.
5        (ww) Information that is exempt from disclosure under
6    Section 16.8 of the State Treasurer Act.
7        (xx) Information that is exempt from disclosure or
8    information that shall not be made public under the
9    Illinois Insurance Code.
10        (yy) Information prohibited from being disclosed under
11    the Illinois Educational Labor Relations Act.
12        (zz) Information prohibited from being disclosed under
13    the Illinois Public Labor Relations Act.
14        (aaa) Information prohibited from being disclosed
15    under Section 1-167 of the Illinois Pension Code.
16        (bbb) Information that is prohibited from disclosure
17    by the Illinois Police Training Act and the Illinois State
18    Police Act.
19        (ccc) Records exempt from disclosure under Section
20    2605-304 of the Illinois State Police Law of the Civil
21    Administrative Code of Illinois.
22        (ddd) Information prohibited from being disclosed
23    under Section 35 of the Address Confidentiality for
24    Victims of Domestic Violence, Sexual Assault, Human
25    Trafficking, or Stalking Act.
26        (eee) Information prohibited from being disclosed

 

 

HB5076 Engrossed- 9 -LRB103 39339 CES 69501 b

1    under subsection (b) of Section 75 of the Domestic
2    Violence Fatality Review Act.
3        (fff) Images from cameras under the Expressway Camera
4    Act. This subsection (fff) is inoperative on and after
5    July 1, 2025.
6        (ggg) Information prohibited from disclosure under
7    paragraph (3) of subsection (a) of Section 14 of the Nurse
8    Agency Licensing Act.
9        (hhh) Information submitted to the Illinois State
10    Police in an affidavit or application for an assault
11    weapon endorsement, assault weapon attachment endorsement,
12    .50 caliber rifle endorsement, or .50 caliber cartridge
13    endorsement under the Firearm Owners Identification Card
14    Act.
15        (iii) Data exempt from disclosure under Section 50 of
16    the School Safety Drill Act.
17        (jjj) (hhh) Information exempt from disclosure under
18    Section 30 of the Insurance Data Security Law.
19        (kkk) (iii) Confidential business information
20    prohibited from disclosure under Section 45 of the Paint
21    Stewardship Act.
22        (lll) (Reserved).
23        (mmm) (iii) Information prohibited from being
24    disclosed under subsection (e) of Section 1-129 of the
25    Illinois Power Agency Act.
26(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

 

 

HB5076 Engrossed- 10 -LRB103 39339 CES 69501 b

1102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
28-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
3102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
46-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
5eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
6revised 1-2-24.)
 
7    (Text of Section after amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of
24    Public Health and its authorized representatives relating
25    to known or suspected cases of sexually transmitted

 

 

HB5076 Engrossed- 11 -LRB103 39339 CES 69501 b

1    infection transmissible disease or any information the
2    disclosure of which is restricted under the Illinois
3    Sexually Transmitted Infection Transmissible Disease
4    Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

HB5076 Engrossed- 12 -LRB103 39339 CES 69501 b

1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act (repealed). This subsection
16    (n) shall apply until the conclusion of the trial of the
17    case, even if the prosecution chooses not to pursue the
18    death penalty prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

HB5076 Engrossed- 13 -LRB103 39339 CES 69501 b

1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act (repealed).
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) (Blank).
13        (u) Records and information provided to an independent
14    team of experts under the Developmental Disability and
15    Mental Health Safety Act (also known as Brian's Law).
16        (v) Names and information of people who have applied
17    for or received Firearm Owner's Identification Cards under
18    the Firearm Owners Identification Card Act or applied for
19    or received a concealed carry license under the Firearm
20    Concealed Carry Act, unless otherwise authorized by the
21    Firearm Concealed Carry Act; and databases under the
22    Firearm Concealed Carry Act, records of the Concealed
23    Carry Licensing Review Board under the Firearm Concealed
24    Carry Act, and law enforcement agency objections under the
25    Firearm Concealed Carry Act.
26        (v-5) Records of the Firearm Owner's Identification

 

 

HB5076 Engrossed- 14 -LRB103 39339 CES 69501 b

1    Card Review Board that are exempted from disclosure under
2    Section 10 of the Firearm Owners Identification Card Act.
3        (w) Personally identifiable information which is
4    exempted from disclosure under subsection (g) of Section
5    19.1 of the Toll Highway Act.
6        (x) Information which is exempted from disclosure
7    under Section 5-1014.3 of the Counties Code or Section
8    8-11-21 of the Illinois Municipal Code.
9        (y) Confidential information under the Adult
10    Protective Services Act and its predecessor enabling
11    statute, the Elder Abuse and Neglect Act, including
12    information about the identity and administrative finding
13    against any caregiver of a verified and substantiated
14    decision of abuse, neglect, or financial exploitation of
15    an eligible adult maintained in the Registry established
16    under Section 7.5 of the Adult Protective Services Act.
17        (z) Records and information provided to a fatality
18    review team or the Illinois Fatality Review Team Advisory
19    Council under Section 15 of the Adult Protective Services
20    Act.
21        (aa) Information which is exempted from disclosure
22    under Section 2.37 of the Wildlife Code.
23        (bb) Information which is or was prohibited from
24    disclosure by the Juvenile Court Act of 1987.
25        (cc) Recordings made under the Law Enforcement
26    Officer-Worn Body Camera Act, except to the extent

 

 

HB5076 Engrossed- 15 -LRB103 39339 CES 69501 b

1    authorized under that Act.
2        (dd) Information that is prohibited from being
3    disclosed under Section 45 of the Condominium and Common
4    Interest Community Ombudsperson Act.
5        (ee) Information that is exempted from disclosure
6    under Section 30.1 of the Pharmacy Practice Act.
7        (ff) Information that is exempted from disclosure
8    under the Revised Uniform Unclaimed Property Act.
9        (gg) Information that is prohibited from being
10    disclosed under Section 7-603.5 of the Illinois Vehicle
11    Code.
12        (hh) Records that are exempt from disclosure under
13    Section 1A-16.7 of the Election Code.
14        (ii) Information which is exempted from disclosure
15    under Section 2505-800 of the Department of Revenue Law of
16    the Civil Administrative Code of Illinois.
17        (jj) Information and reports that are required to be
18    submitted to the Department of Labor by registering day
19    and temporary labor service agencies but are exempt from
20    disclosure under subsection (a-1) of Section 45 of the Day
21    and Temporary Labor Services Act.
22        (kk) Information prohibited from disclosure under the
23    Seizure and Forfeiture Reporting Act.
24        (ll) Information the disclosure of which is restricted
25    and exempted under Section 5-30.8 of the Illinois Public
26    Aid Code.

 

 

HB5076 Engrossed- 16 -LRB103 39339 CES 69501 b

1        (mm) Records that are exempt from disclosure under
2    Section 4.2 of the Crime Victims Compensation Act.
3        (nn) Information that is exempt from disclosure under
4    Section 70 of the Higher Education Student Assistance Act.
5        (oo) Communications, notes, records, and reports
6    arising out of a peer support counseling session
7    prohibited from disclosure under the First Responders
8    Suicide Prevention Act.
9        (pp) Names and all identifying information relating to
10    an employee of an emergency services provider or law
11    enforcement agency under the First Responders Suicide
12    Prevention Act.
13        (qq) Information and records held by the Department of
14    Public Health and its authorized representatives collected
15    under the Reproductive Health Act.
16        (rr) Information that is exempt from disclosure under
17    the Cannabis Regulation and Tax Act.
18        (ss) Data reported by an employer to the Department of
19    Human Rights pursuant to Section 2-108 of the Illinois
20    Human Rights Act.
21        (tt) Recordings made under the Children's Advocacy
22    Center Act, except to the extent authorized under that
23    Act.
24        (uu) Information that is exempt from disclosure under
25    Section 50 of the Sexual Assault Evidence Submission Act.
26        (vv) Information that is exempt from disclosure under

 

 

HB5076 Engrossed- 17 -LRB103 39339 CES 69501 b

1    subsections (f) and (j) of Section 5-36 of the Illinois
2    Public Aid Code.
3        (ww) Information that is exempt from disclosure under
4    Section 16.8 of the State Treasurer Act.
5        (xx) Information that is exempt from disclosure or
6    information that shall not be made public under the
7    Illinois Insurance Code.
8        (yy) Information prohibited from being disclosed under
9    the Illinois Educational Labor Relations Act.
10        (zz) Information prohibited from being disclosed under
11    the Illinois Public Labor Relations Act.
12        (aaa) Information prohibited from being disclosed
13    under Section 1-167 of the Illinois Pension Code.
14        (bbb) Information that is prohibited from disclosure
15    by the Illinois Police Training Act and the Illinois State
16    Police Act.
17        (ccc) Records exempt from disclosure under Section
18    2605-304 of the Illinois State Police Law of the Civil
19    Administrative Code of Illinois.
20        (ddd) Information prohibited from being disclosed
21    under Section 35 of the Address Confidentiality for
22    Victims of Domestic Violence, Sexual Assault, Human
23    Trafficking, or Stalking Act.
24        (eee) Information prohibited from being disclosed
25    under subsection (b) of Section 75 of the Domestic
26    Violence Fatality Review Act.

 

 

HB5076 Engrossed- 18 -LRB103 39339 CES 69501 b

1        (fff) Images from cameras under the Expressway Camera
2    Act. This subsection (fff) is inoperative on and after
3    July 1, 2025.
4        (ggg) Information prohibited from disclosure under
5    paragraph (3) of subsection (a) of Section 14 of the Nurse
6    Agency Licensing Act.
7        (hhh) Information submitted to the Illinois State
8    Police in an affidavit or application for an assault
9    weapon endorsement, assault weapon attachment endorsement,
10    .50 caliber rifle endorsement, or .50 caliber cartridge
11    endorsement under the Firearm Owners Identification Card
12    Act.
13        (iii) Data exempt from disclosure under Section 50 of
14    the School Safety Drill Act.
15        (jjj) (hhh) Information exempt from disclosure under
16    Section 30 of the Insurance Data Security Law.
17        (kkk) (iii) Confidential business information
18    prohibited from disclosure under Section 45 of the Paint
19    Stewardship Act.
20        (lll) (iii) Data exempt from disclosure under Section
21    2-3.196 of the School Code.
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
26102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

 

 

HB5076 Engrossed- 19 -LRB103 39339 CES 69501 b

18-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
2102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
36-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
4eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
5103-580, eff. 12-8-23; revised 1-2-24.)
 
6    Section 10. The Department of Public Health Act is amended
7by changing Section 2 as follows:
 
8    (20 ILCS 2305/2)  (from Ch. 111 1/2, par. 22)
9    Sec. 2. Powers.
10    (a) The State Department of Public Health has general
11supervision of the interests of the health and lives of the
12people of the State. It has supreme authority in matters of
13quarantine and isolation, and may declare and enforce
14quarantine and isolation when none exists, and may modify or
15relax quarantine and isolation when it has been established.
16The Department may adopt, promulgate, repeal and amend rules
17and regulations and make such sanitary investigations and
18inspections as it may from time to time deem necessary for the
19preservation and improvement of the public health, consistent
20with law regulating the following:
21        (1) Transportation of the remains of deceased persons.
22        (2) Sanitary practices relating to drinking water made
23    accessible to the public for human consumption or for
24    lavatory or culinary purposes.

 

 

HB5076 Engrossed- 20 -LRB103 39339 CES 69501 b

1        (3) Sanitary practices relating to rest room
2    facilities made accessible to the public or to persons
3    handling food served to the public.
4        (4) Sanitary practices relating to disposal of human
5    wastes in or from all buildings and places where people
6    live, work or assemble.
7    The provisions of the Illinois Administrative Procedure
8Act are hereby expressly adopted and shall apply to all
9administrative rules and procedures of the Department of
10Public Health under this Act, except that Section 5-35 of the
11Illinois Administrative Procedure Act relating to procedures
12for rule-making does not apply to the adoption of any rule
13required by federal law in connection with which the
14Department is precluded by law from exercising any discretion.
15    All local boards of health, health authorities and
16officers, police officers, sheriffs and all other officers and
17employees of the state or any locality shall enforce the rules
18and regulations so adopted and orders issued by the Department
19pursuant to this Section.
20    The Department of Public Health shall conduct a public
21information campaign to inform Hispanic women of the high
22incidence of breast cancer and the importance of mammograms
23and where to obtain a mammogram. This requirement may be
24satisfied by translation into Spanish and distribution of the
25breast cancer summaries required by Section 2310-345 of the
26Department of Public Health Powers and Duties Law (20 ILCS

 

 

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12310/2310-345). The information provided by the Department of
2Public Health shall include (i) a statement that mammography
3is the most accurate method for making an early detection of
4breast cancer, however, no diagnostic tool is 100% effective
5and (ii) instructions for performing breast self-examination
6and a statement that it is important to perform a breast
7self-examination monthly.
8    The Department of Public Health shall investigate the
9causes of dangerously contagious or infectious diseases,
10especially when existing in epidemic form, and take means to
11restrict and suppress the same, and whenever such disease
12becomes, or threatens to become epidemic, in any locality and
13the local board of health or local authorities neglect or
14refuse to enforce efficient measures for its restriction or
15suppression or to act with sufficient promptness or
16efficiency, or whenever the local board of health or local
17authorities neglect or refuse to promptly enforce efficient
18measures for the restriction or suppression of dangerously
19contagious or infectious diseases, the Department of Public
20Health may enforce such measures as it deems necessary to
21protect the public health, and all necessary expenses so
22incurred shall be paid by the locality for which services are
23rendered.
24    (b) Subject to the provisions of subsection (c), the
25Department may order a person or group of persons to be
26quarantined or isolated or may order a place to be closed and

 

 

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1made off limits to the public to prevent the probable spread of
2a dangerously contagious or infectious disease, including
3non-compliant tuberculosis patients, until such time as the
4condition can be corrected or the danger to the public health
5eliminated or reduced in such a manner that no substantial
6danger to the public's health any longer exists. Orders for
7isolation of a person or quarantine of a place to prevent the
8probable spread of a sexually transmitted infection
9transmissible disease shall be governed by the provisions of
10Section 7 of the Illinois Sexually Transmitted Infection
11Transmissible Disease Control Act and not this Section.
12    (c) Except as provided in this Section, no person or a
13group of persons may be ordered to be quarantined or isolated
14and no place may be ordered to be closed and made off limits to
15the public except with the consent of the person or owner of
16the place or upon the prior order of a court of competent
17jurisdiction. The Department may, however, order a person or a
18group of persons to be quarantined or isolated or may order a
19place to be closed and made off limits to the public on an
20immediate basis without prior consent or court order if, in
21the reasonable judgment of the Department, immediate action is
22required to protect the public from a dangerously contagious
23or infectious disease. In the event of an immediate order
24issued without prior consent or court order, the Department
25shall, as soon as practical, within 48 hours after issuing the
26order, obtain the consent of the person or owner or file a

 

 

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1petition requesting a court order authorizing the isolation or
2quarantine or closure. When exigent circumstances exist that
3cause the court system to be unavailable or that make it
4impossible to obtain consent or file a petition within 48
5hours after issuance of an immediate order, the Department
6must obtain consent or file a petition requesting a court
7order as soon as reasonably possible. To obtain a court order,
8the Department, by clear and convincing evidence, must prove
9that the public's health and welfare are significantly
10endangered by a person or group of persons that has, that is
11suspected of having, that has been exposed to, or that is
12reasonably believed to have been exposed to a dangerously
13contagious or infectious disease including non-compliant
14tuberculosis patients or by a place where there is a
15significant amount of activity likely to spread a dangerously
16contagious or infectious disease. The Department must also
17prove that all other reasonable means of correcting the
18problem have been exhausted and no less restrictive
19alternative exists. For purposes of this subsection, in
20determining whether no less restrictive alternative exists,
21the court shall consider evidence showing that, under the
22circumstances presented by the case in which an order is
23sought, quarantine or isolation is the measure provided for in
24a rule of the Department or in guidelines issued by the Centers
25for Disease Control and Prevention or the World Health
26Organization. Persons who are or are about to be ordered to be

 

 

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1isolated or quarantined and owners of places that are or are
2about to be closed and made off limits to the public shall have
3the right to counsel. If a person or owner is indigent, the
4court shall appoint counsel for that person or owner. Persons
5who are ordered to be isolated or quarantined or who are owners
6of places that are ordered to be closed and made off limits to
7the public, shall be given a written notice of such order. The
8written notice shall additionally include the following: (1)
9notice of the right to counsel; (2) notice that if the person
10or owner is indigent, the court will appoint counsel for that
11person or owner; (3) notice of the reason for the order for
12isolation, quarantine, or closure; (4) notice of whether the
13order is an immediate order, and if so, the time frame for the
14Department to seek consent or to file a petition requesting a
15court order as set out in this subsection; and (5) notice of
16the anticipated duration of the isolation, quarantine, or
17closure.
18    (d) The Department may order physical examinations and
19tests and collect laboratory specimens as necessary for the
20diagnosis or treatment of individuals in order to prevent the
21probable spread of a dangerously contagious or infectious
22disease. Physical examinations, tests, or collection of
23laboratory specimens must not be such as are reasonably likely
24to lead to serious harm to the affected individual. To prevent
25the spread of a dangerously contagious or infectious disease,
26the Department may, pursuant to the provisions of subsection

 

 

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1(c) of this Section, isolate or quarantine any person whose
2refusal of physical examination or testing or collection of
3laboratory specimens results in uncertainty regarding whether
4he or she has been exposed to or is infected with a dangerously
5contagious or infectious disease or otherwise poses a danger
6to the public's health. An individual may refuse to consent to
7a physical examination, test, or collection of laboratory
8specimens. An individual shall be given a written notice that
9shall include notice of the following: (i) that the individual
10may refuse to consent to physical examination, test, or
11collection of laboratory specimens; (ii) that if the
12individual consents to physical examination, tests, or
13collection of laboratory specimens, the results of that
14examination, test, or collection of laboratory specimens may
15subject the individual to isolation or quarantine pursuant to
16the provisions of subsection (c) of this Section; (iii) that
17if the individual refuses to consent to physical examination,
18tests, or collection of laboratory specimens and that refusal
19results in uncertainty regarding whether he or she has been
20exposed to or is infected with a dangerously contagious or
21infectious disease or otherwise poses a danger to the public's
22health, the individual may be subject to isolation or
23quarantine pursuant to the provisions of subsection (c) of
24this Section; and (iv) that if the individual refuses to
25consent to physical examinations, tests, or collection of
26laboratory specimens and becomes subject to isolation and

 

 

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1quarantine as provided in this subsection (d), he or she shall
2have the right to counsel pursuant to the provisions of
3subsection (c) of this Section. To the extent feasible without
4endangering the public's health, the Department shall respect
5and accommodate the religious beliefs of individuals in
6implementing this subsection.
7    (e) The Department may order the administration of
8vaccines, medications, or other treatments to persons as
9necessary in order to prevent the probable spread of a
10dangerously contagious or infectious disease. A vaccine,
11medication, or other treatment to be administered must not be
12such as is reasonably likely to lead to serious harm to the
13affected individual. To prevent the spread of a dangerously
14contagious or infectious disease, the Department may, pursuant
15to the provisions of subsection (c) of this Section, isolate
16or quarantine persons who are unable or unwilling to receive
17vaccines, medications, or other treatments pursuant to this
18Section. An individual may refuse to receive vaccines,
19medications, or other treatments. An individual shall be given
20a written notice that shall include notice of the following:
21(i) that the individual may refuse to consent to vaccines,
22medications, or other treatments; (ii) that if the individual
23refuses to receive vaccines, medications, or other treatments,
24the individual may be subject to isolation or quarantine
25pursuant to the provisions of subsection (c) of this Section;
26and (iii) that if the individual refuses to receive vaccines,

 

 

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1medications, or other treatments and becomes subject to
2isolation or quarantine as provided in this subsection (e), he
3or she shall have the right to counsel pursuant to the
4provisions of subsection (c) of this Section. To the extent
5feasible without endangering the public's health, the
6Department shall respect and accommodate the religious beliefs
7of individuals in implementing this subsection.
8    (f) The Department may order observation and monitoring of
9persons to prevent the probable spread of a dangerously
10contagious or infectious disease. To prevent the spread of a
11dangerously contagious or infectious disease, the Department
12may, pursuant to the provisions of subsection (c) of this
13Section, isolate or quarantine persons whose refusal to
14undergo observation and monitoring results in uncertainty
15regarding whether he or she has been exposed to or is infected
16with a dangerously contagious or infectious disease or
17otherwise poses a danger to the public's health. An individual
18may refuse to undergo observation and monitoring. An
19individual shall be given written notice that shall include
20notice of the following: (i) that the individual may refuse to
21undergo observation and monitoring; (ii) that if the
22individual consents to observation and monitoring, the results
23of that observation and monitoring may subject the individual
24to isolation or quarantine pursuant to the provisions of
25subsection (c) of this Section; (iii) that if the individual
26refuses to undergo observation and monitoring and that refusal

 

 

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1results in uncertainty regarding whether he or she has been
2exposed to or is infected with a dangerously contagious or
3infectious disease or otherwise poses a danger to the public's
4health, the individual may be subject to isolation or
5quarantine pursuant to the provisions of subsection (c) of
6this Section; and (iv) that if the individual refuses to
7undergo observation and monitoring and becomes subject to
8isolation or quarantine as provided in this subsection (f), he
9or she shall have the right to counsel pursuant to the
10provisions of subsection (c) of this Section.
11    (g) To prevent the spread of a dangerously contagious or
12infectious disease among humans, the Department may examine,
13test, disinfect, seize, or destroy animals or other related
14property believed to be sources of infection. An owner of such
15animal or other related property shall be given written notice
16regarding such examination, testing, disinfection, seizure, or
17destruction. When the Department determines that any animal or
18related property is infected with or has been exposed to a
19dangerously contagious or infectious disease, it may agree
20with the owner upon the value of the animal or of any related
21property that it may be found necessary to destroy, and in case
22such an agreement cannot be made, the animals or related
23property shall be appraised by 3 competent and disinterested
24appraisers, one to be selected by the Department, one by the
25claimant, and one by the 2 appraisers thus selected. The
26appraisers shall subscribe to an oath made in writing to

 

 

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1fairly value the animals or related property in accordance
2with the requirements of this Act. The oath, together with the
3valuation fixed by the appraisers, shall be filed with the
4Department and preserved by it. Upon the appraisal being made,
5the owner or the Department shall immediately destroy the
6animals by "humane euthanasia" as that term is defined in
7Section 2.09 of the Humane Care for Animals Act. Dogs and cats,
8however, shall be euthanized pursuant to the provisions of the
9Humane Euthanasia in Animal Shelters Act. The owner or the
10Department shall additionally, dispose of the carcasses, and
11disinfect, change, or destroy the premises occupied by the
12animals, in accordance with rules prescribed by the Department
13governing such destruction and disinfection. Upon his or her
14failure so to do or to cooperate with the Department, the
15Department shall cause the animals or related property to be
16destroyed and disposed of in the same manner, and thereupon
17the owner shall forfeit all right to receive any compensation
18for the destruction of the animals or related property. All
19final administrative decisions of the Department hereunder
20shall be subject to judicial review pursuant to the provisions
21of the Administrative Review Law, and all amendments and
22modifications thereof, and the rules adopted pursuant thereto.
23The term "administrative decision" is defined as in Section
243-101 of the Code of Civil Procedure.
25    (h) To prevent the spread of a dangerously contagious or
26infectious disease, the Department, local boards of health,

 

 

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1and local public health authorities shall have emergency
2access to medical or health information or records or data
3upon the condition that the Department, local boards of
4health, and local public health authorities shall protect the
5privacy and confidentiality of any medical or health
6information or records or data obtained pursuant to this
7Section in accordance with federal and State law.
8Additionally, any such medical or health information or
9records or data shall be exempt from inspection and copying
10under the Freedom of Information Act. Other than a hearing for
11the purpose of this Act, any information, records, reports,
12statements, notes, memoranda, or other data in the possession
13of the Department, local boards of health, or local public
14health authorities shall not be admissible as evidence, nor
15discoverable in any action of any kind in any court or before
16any tribunal, board, agency, or person. The access to or
17disclosure of any of this information or data by the
18Department, a local board of health, or a local public
19authority shall not waive or have any effect upon its
20non-discoverability or non-admissibility. Any person,
21facility, institution, or agency that provides emergency
22access to health information and data under this subsection
23shall have immunity from any civil or criminal liability, or
24any other type of liability that might otherwise result by
25reason of these actions except in the event of willful and
26wanton misconduct. The privileged quality of communication

 

 

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1between any professional person or any facility shall not
2constitute grounds for failure to provide emergency access.
3Nothing in this subsection shall prohibit the sharing of
4information as authorized in Section 2.1 of this Act. The
5disclosure of any of this information, records, reports,
6statements, notes, memoranda, or other data obtained in any
7activity under this Act, except that necessary for the
8purposes of this Act, is unlawful, and any person convicted of
9violating this provision is guilty of a Class A misdemeanor.
10        (i) (A) The Department, in order to prevent and
11    control disease, injury, or disability among citizens of
12    the State of Illinois, may develop and implement, in
13    consultation with local public health authorities, a
14    Statewide system for syndromic data collection through the
15    access to interoperable networks, information exchanges,
16    and databases. The Department may also develop a system
17    for the reporting of comprehensive, integrated data to
18    identify and address unusual occurrences of disease
19    symptoms and other medical complexes affecting the
20    public's health.
21        (B) The Department may enter into contracts or
22    agreements with individuals, corporations, hospitals,
23    universities, not-for-profit corporations, governmental
24    entities, or other organizations, whereby those
25    individuals or entities agree to provide assistance in the
26    compilation of the syndromic data collection and reporting

 

 

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1    system.
2        (C) The Department shall not release any syndromic
3    data or information obtained pursuant to this subsection
4    to any individuals or entities for purposes other than the
5    protection of the public health. All access to data by the
6    Department, reports made to the Department, the identity
7    of or facts that would tend to lead to the identity of the
8    individual who is the subject of the report, and the
9    identity of or facts that would tend to lead to the
10    identity of the author of the report shall be strictly
11    confidential, are not subject to inspection or
12    dissemination, and shall be used only for public health
13    purposes by the Department, local public health
14    authorities, or the Centers for Disease Control and
15    Prevention. Entities or individuals submitting reports or
16    providing access to the Department shall not be held
17    liable for the release of information or confidential data
18    to the Department in accordance with this subsection.
19        (D) Nothing in this subsection prohibits the sharing
20    of information as authorized in Section 2.1 of this Act.
21    (j) This Section shall be considered supplemental to the
22existing authority and powers of the Department and shall not
23be construed to restrain or restrict the Department in
24protecting the public health under any other provisions of the
25law.
26    (k) Any person who knowingly or maliciously disseminates

 

 

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1any false information or report concerning the existence of
2any dangerously contagious or infectious disease in connection
3with the Department's power of quarantine, isolation and
4closure or refuses to comply with a quarantine, isolation or
5closure order is guilty of a Class A misdemeanor.
6    (l) The Department of Public Health may establish and
7maintain a chemical and bacteriologic laboratory for the
8examination of water and wastes, and for the diagnosis of
9diphtheria, typhoid fever, tuberculosis, malarial fever and
10such other diseases as it deems necessary for the protection
11of the public health.
12    As used in this Act, "locality" means any governmental
13agency which exercises power pertaining to public health in an
14area less than the State.
15    The terms "sanitary investigations and inspections" and
16"sanitary practices" as used in this Act shall not include or
17apply to "Public Water Supplies" or "Sewage Works" as defined
18in the Environmental Protection Act. The Department may adopt
19rules that are reasonable and necessary to implement and
20effectuate this amendatory Act of the 93rd General Assembly.
21    (m) The public health measures set forth in subsections
22(a) through (h) of this Section may be used by the Department
23to respond to chemical, radiological, or nuclear agents or
24events. The individual provisions of subsections (a) through
25(h) of this Section apply to any order issued by the Department
26under this Section. The provisions of subsection (k) apply to

 

 

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1chemical, radiological, or nuclear agents or events. Prior to
2the Department issuing an order for public health measures set
3forth in this Act for chemical, radiological, or nuclear
4agents or events as authorized in subsection (m), the
5Department and the Illinois Emergency Management Agency shall
6consult in accordance with the Illinois emergency response
7framework. When responding to chemical, radiological, or
8nuclear agents or events, the Department shall determine the
9health related risks and appropriate public health response
10measures and provide recommendations for response to the
11Illinois Emergency Management Agency. Nothing in this Section
12shall supersede the current National Incident Management
13System and the Illinois Emergency Operation Plan or response
14plans and procedures established pursuant to IEMA statutes.
15(Source: P.A. 96-698, eff. 8-25-09.)
 
16    Section 15. The Hospital Licensing Act is amended by
17changing Section 6.17 as follows:
 
18    (210 ILCS 85/6.17)
19    Sec. 6.17. Protection of and confidential access to
20medical records and information.
21    (a) Every hospital licensed under this Act shall develop a
22medical record for each of its patients as required by the
23Department by rule.
24    (b) All information regarding a hospital patient gathered

 

 

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1by the hospital's medical staff and its agents and employees
2shall be the property and responsibility of the hospital and
3must be protected from inappropriate disclosure as provided in
4this Section.
5    (c) Every hospital shall preserve its medical records in a
6format and for a duration established by hospital policy and
7for not less than 10 years, provided that if the hospital has
8been notified in writing by an attorney before the expiration
9of the 10 year retention period that there is litigation
10pending in court involving the record of a particular patient
11as possible evidence and that the patient is his client or is
12the person who has instituted such litigation against his
13client, then the hospital shall retain the record of that
14patient until notified in writing by the plaintiff's attorney,
15with the approval of the defendant's attorney of record, that
16the case in court involving such record has been concluded or
17for a period of 12 years from the date that the record was
18produced, whichever occurs first in time.
19    (d) No member of a hospital's medical staff and no agent or
20employee of a hospital shall disclose the nature or details of
21services provided to patients, except that the information may
22be disclosed to the patient, persons authorized by the
23patient, the party making treatment decisions, if the patient
24is incapable of making decisions regarding the health services
25provided, those parties directly involved with providing
26treatment to the patient or processing the payment for that

 

 

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1treatment, those parties responsible for peer review,
2utilization review or quality assurance, risk management, or
3defense of claims brought against the hospital arising out of
4the care, and those parties required to be notified under the
5Abused and Neglected Child Reporting Act, the Illinois
6Sexually Transmitted Infection Transmissible Disease Control
7Act, or where otherwise authorized or required by law.
8    (e) The hospital's medical staff members and the
9hospital's agents and employees may communicate, at any time
10and in any fashion, with legal counsel for the hospital
11concerning the patient medical record privacy and retention
12requirements of this Section and any care or treatment they
13provided or assisted in providing to any patient within the
14scope of their employment or affiliation with the hospital.
15    (e-5) Notwithstanding subsections (d) and (e), for actions
16filed on or after January 1, 2004, after a complaint for
17healing art malpractice is served upon the hospital or upon
18its agents or employees, members of the hospital's medical
19staff who are not actual or alleged agents, employees, or
20apparent agents of the hospital may not communicate with legal
21counsel for the hospital or with risk management of the
22hospital concerning the claim alleged in the complaint for
23healing art malpractice against the hospital except with the
24patient's consent or in discovery authorized by the Code of
25Civil Procedure or the Supreme Court rules. For the purposes
26of this subsection (e-5), "hospital" includes a hospital

 

 

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1affiliate as defined in subsection (b) of Section 10.8 of this
2Act.
3    (f) Each hospital licensed under this Act shall provide
4its federally designated organ procurement agency and any
5tissue bank with which it has an agreement with access to the
6medical records of deceased patients for the following
7purposes:
8        (1) estimating the hospital's organ and tissue
9    donation potential;
10        (2) identifying the educational needs of the hospital
11    with respect to organ and tissue donation; and
12        (3) identifying the number of organ and tissue
13    donations and referrals to potential organ and tissue
14    donors.
15    (g) All hospital and patient information, interviews,
16reports, statements, memoranda, and other data obtained or
17created by a tissue bank or federally designated organ
18procurement agency from the medical records review described
19in subsection (f) shall be privileged, strictly confidential,
20and used only for the purposes put forth in subsection (f) of
21this Section and shall not be admissible as evidence nor
22discoverable in an action of any kind in court or before a
23tribunal, board, agency, or person.
24    (h) Any person who, in good faith, acts in accordance with
25the terms of this Section shall not be subject to any type of
26civil or criminal liability or discipline for unprofessional

 

 

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1conduct for those actions under any professional licensing
2statute.
3    (i) Any individual who wilfully or wantonly discloses
4hospital or medical record information in violation of this
5Section is guilty of a Class A misdemeanor. As used in this
6subsection, "wilfully or wantonly" means a course of action
7that shows an actual or deliberate intention to cause harm or
8that, if not intentional, shows an utter indifference to or
9conscious disregard for the safety of others or their
10property.
11    (j) The changes to this Section made by this amendatory
12Act of the 93rd General Assembly apply to any action filed on
13or after January 1, 2004.
14(Source: P.A. 93-492, eff. 1-1-04.)
 
15    Section 20. The Medical Practice Act of 1987 is amended by
16changing Section 64 as follows:
 
17    (225 ILCS 60/64)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 64. Sexually Transmitted Infection Transmissible
20Disease Control Act. No licensee under this Act may be
21disciplined for providing expedited partner therapy in
22accordance with the provisions of the Illinois Sexually
23Transmitted Infection Transmissible Disease Control Act.
24(Source: P.A. 96-613, eff. 1-1-10.)
 

 

 

HB5076 Engrossed- 39 -LRB103 39339 CES 69501 b

1    Section 25. The Nurse Practice Act is amended by changing
2Section 70-170 as follows:
 
3    (225 ILCS 65/70-170)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 70-170. Sexually Transmitted Infection Transmissible
6Disease Control Act. No licensee under this Act may be
7disciplined for providing expedited partner therapy in
8accordance with the provisions of the Illinois Sexually
9Transmitted Infection Transmissible Disease Control Act.
10(Source: P.A. 96-613, eff. 1-1-10.)
 
11    Section 30. The Physician Assistant Practice Act of 1987
12is amended by changing Section 25 as follows:
 
13    (225 ILCS 95/25)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 25. Sexually Transmitted Infection Transmissible
16Disease Control Act. No licensee under this Act may be
17disciplined for providing expedited partner therapy in
18accordance with the provisions of the Illinois Sexually
19Transmitted Infection Transmissible Disease Control Act.
20(Source: P.A. 96-613, eff. 1-1-10.)
 
21    Section 35. The Medical Patient Rights Act is amended by

 

 

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1changing Section 3 as follows:
 
2    (410 ILCS 50/3)  (from Ch. 111 1/2, par. 5403)
3    Sec. 3. The following rights are hereby established:
4        (a) The right of each patient to care consistent with
5    sound nursing and medical practices, to be informed of the
6    name of the physician responsible for coordinating his or
7    her care, to receive information concerning his or her
8    condition and proposed treatment, to refuse any treatment
9    to the extent permitted by law, and to privacy and
10    confidentiality of records except as otherwise provided by
11    law.
12        (b) The right of each patient, regardless of source of
13    payment, to examine and receive a reasonable explanation
14    of his total bill for services rendered by his physician
15    or health care provider, including the itemized charges
16    for specific services received. Each physician or health
17    care provider shall be responsible only for a reasonable
18    explanation of those specific services provided by such
19    physician or health care provider.
20        (c) In the event an insurance company or health
21    services corporation cancels or refuses to renew an
22    individual policy or plan, the insured patient shall be
23    entitled to timely, prior notice of the termination of
24    such policy or plan.
25        An insurance company or health services corporation

 

 

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1    that requires any insured patient or applicant for new or
2    continued insurance or coverage to be tested for infection
3    with human immunodeficiency virus (HIV) or any other
4    identified causative agent of acquired immunodeficiency
5    syndrome (AIDS) shall (1) give the patient or applicant
6    prior written notice of such requirement, (2) proceed with
7    such testing only upon the written authorization of the
8    applicant or patient, and (3) keep the results of such
9    testing confidential. Notice of an adverse underwriting or
10    coverage decision may be given to any appropriately
11    interested party, but the insurer may only disclose the
12    test result itself to a physician designated by the
13    applicant or patient, and any such disclosure shall be in
14    a manner that assures confidentiality.
15        The Department of Insurance shall enforce the
16    provisions of this subsection.
17        (d) The right of each patient to privacy and
18    confidentiality in health care. Each physician, health
19    care provider, health services corporation and insurance
20    company shall refrain from disclosing the nature or
21    details of services provided to patients, except that such
22    information may be disclosed: (1) to the patient, (2) to
23    the party making treatment decisions if the patient is
24    incapable of making decisions regarding the health
25    services provided, (3) for treatment in accordance with 45
26    CFR 164.501 and 164.506, (4) for payment in accordance

 

 

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1    with 45 CFR 164.501 and 164.506, (5) to those parties
2    responsible for peer review, utilization review, and
3    quality assurance, (6) for health care operations in
4    accordance with 45 CFR 164.501 and 164.506, (7) to those
5    parties required to be notified under the Abused and
6    Neglected Child Reporting Act or the Illinois Sexually
7    Transmitted Infection Transmissible Disease Control Act,
8    or (8) as otherwise permitted, authorized, or required by
9    State or federal law. This right may be waived in writing
10    by the patient or the patient's guardian or legal
11    representative, but a physician or other health care
12    provider may not condition the provision of services on
13    the patient's, guardian's, or legal representative's
14    agreement to sign such a waiver. In the interest of public
15    health, safety, and welfare, patient information,
16    including, but not limited to, health information,
17    demographic information, and information about the
18    services provided to patients, may be transmitted to or
19    through a health information exchange, as that term is
20    defined in Section 2 of the Mental Health and
21    Developmental Disabilities Confidentiality Act, in
22    accordance with the disclosures permitted pursuant to this
23    Section. Patients shall be provided the opportunity to opt
24    out of their health information being transmitted to or
25    through a health information exchange in accordance with
26    Section 9.6 of the Mental Health and Developmental

 

 

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1    Disabilities Confidentiality Act, Section 9.6 of the AIDS
2    Confidentiality Act, or Section 31.8 of the Genetic
3    Information Privacy Act, as applicable. In the case of a
4    patient choosing to opt out of having his or her
5    information available on an HIE, nothing in this Act shall
6    cause the physician or health care provider to be liable
7    for the release of a patient's health information by other
8    entities that may possess such information, including, but
9    not limited to, other health professionals, providers,
10    laboratories, pharmacies, hospitals, ambulatory surgical
11    centers, and nursing homes.
12(Source: P.A. 103-508, eff. 8-4-23.)
 
13    Section 40. The Illinois Sexually Transmissible Disease
14Control Act is amended by changing the title of the Act and
15Sections 1, 2, 3, 4, 5, 5.5, 6, 7, 8, and 9 as follows:
 
16    (410 ILCS 325/Act title)
17    An Act in relation to sexually transmitted infection
18transmissible disease control, amending an Act herein named.
 
19    (410 ILCS 325/1)  (from Ch. 111 1/2, par. 7401)
20    Sec. 1. Short title. This Act shall be known and may be
21cited as the Illinois Sexually Transmitted Infection
22Transmissible Disease Control Act.
23(Source: P.A. 85-681.)
 

 

 

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1    (410 ILCS 325/2)  (from Ch. 111 1/2, par. 7402)
2    Sec. 2. Findings; intent. The General Assembly finds and
3declares that sexually transmitted infections transmissible
4diseases constitute a serious and sometimes fatal threat to
5the public and individual health and welfare of the people of
6the State and visitors to the State. The General Assembly
7finds that the incidence of sexually transmitted infections
8transmissible diseases is rising at an alarming rate and that
9these infections diseases result in significant social, health
10and economic costs, including infant and maternal mortality,
11temporary and lifelong disability and premature death. The
12General Assembly finds that sexually transmitted infections
13transmissible diseases, by their nature, involve sensitive
14issues of privacy, and it is the intent of the General Assembly
15that all programs designed to deal with these infections
16diseases afford patients privacy, confidentiality and dignity.
17The General Assembly finds that medical knowledge and
18information about sexually transmitted infections
19transmissible diseases are rapidly changing. The General
20Assembly intends to provide a program that is sufficiently
21flexible to meet emerging needs, deals efficiently and
22effectively with reducing the incidence of sexually
23transmitted infections transmissible diseases, and provides
24patients with a secure knowledge that information they provide
25will remain private and confidential.

 

 

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1(Source: P.A. 85-681.)
 
2    (410 ILCS 325/3)  (from Ch. 111 1/2, par. 7403)
3    Sec. 3. Definitions. As used in this Act, unless the
4context clearly requires otherwise:
5    (1) "Department" means the Department of Public Health.
6    (2) "Local health authority" means the full-time official
7health department of board of health, as recognized by the
8Department, having jurisdiction over a particular area.
9    (3) "Sexually transmitted infections transmissible
10disease" means a bacterial, viral, fungal or parasitic
11infection disease, determined by rule of the Department to be
12sexually transmissible, to be a threat to the public health
13and welfare, and to be an infection a disease for which a
14legitimate public interest will be served by providing for
15regulation and treatment. In considering which infections
16diseases are to be designated sexually transmitted infections
17transmissible diseases, the Department shall consider such
18infections diseases as chancroid, gonorrhea, granuloma
19inguinale, lymphogranuloma venereum, genital herpes simplex,
20chlamydia, human papillomavirus (HPV), mpox, nongonococcal
21urethritis (NGU), pelvic inflammatory disease (PID)/Acute
22Salpingitis, syphilis, Acquired Immunodeficiency Syndrome
23(AIDS), and Human Immunodeficiency Virus (HIV) for
24designation, and shall consider the recommendations and
25classifications of the Centers for Disease Control and other

 

 

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1nationally recognized medical authorities. Not all infections
2diseases that are sexually transmissible need be designated
3for purposes of this Act.
4    (4) "Health care professional" means a physician licensed
5to practice medicine in all its branches, a licensed physician
6assistant, or a licensed advanced practice registered nurse.
7    (5) "Expedited partner therapy" means to prescribe,
8dispense, furnish, or otherwise provide prescription
9antibiotic drugs to the partner or partners of persons
10clinically diagnosed as infected with a sexually transmitted
11infection transmissible disease, without physical examination
12of the partner or partners.
13(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
14    (410 ILCS 325/4)  (from Ch. 111 1/2, par. 7404)
15    Sec. 4. Reporting required.
16    (a) A physician licensed under the provisions of the
17Medical Practice Act of 1987, an advanced practice registered
18nurse licensed under the provisions of the Nurse Practice Act,
19or a physician assistant licensed under the provisions of the
20Physician Assistant Practice Act of 1987 who makes a diagnosis
21of or treats a person with a sexually transmitted infection
22transmissible disease and each laboratory that performs a test
23for a sexually transmitted infection transmissible disease
24which concludes with a positive result shall report such facts
25as may be required by the Department by rule, within such time

 

 

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1period as the Department may require by rule, but in no case to
2exceed 2 weeks.
3    (b) The Department shall adopt rules specifying the
4information required in reporting a sexually transmitted
5infection transmissible disease, the method of reporting and
6specifying a minimum time period for reporting. In adopting
7such rules, the Department shall consider the need for
8information, protections for the privacy and confidentiality
9of the patient, and the practical abilities of persons and
10laboratories to report in a reasonable fashion.
11    (c) Any person who knowingly or maliciously disseminates
12any false information or report concerning the existence of
13any sexually transmitted infections transmissible disease
14under this Section is guilty of a Class A misdemeanor.
15    (d) Any person who violates the provisions of this Section
16or the rules adopted hereunder may be fined by the Department
17up to $500 for each violation. The Department shall report
18each violation of this Section to the regulatory agency
19responsible for licensing a health care professional or a
20laboratory to which these provisions apply.
21(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
22    (410 ILCS 325/5)  (from Ch. 111 1/2, par. 7405)
23    Sec. 5. Contact investigation. (a) The Department shall
24adopt rules authorizing interviews and its authorized
25representatives may interview, or cause to be interviewed, all

 

 

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1persons infected with a sexually transmitted infection
2transmissible disease and all persons whom the Department
3reasonably believes may be infected with such infection
4disease for the purpose of investigating the source and spread
5of the infection disease and for the purpose of ordering a
6person to submit to examination and treatment as necessary for
7the protection of the public health and safety.
8    (b) All information gathered in the course of contact
9investigation pursuant to this Section shall be considered
10confidential and subject to the provisions of Section 8 of
11this Act. Such information shall be exempt from inspection and
12copying under The Freedom of Information Act, as amended.
13    (c) No person contacted under this Section or reasonably
14believed to be infected with a sexually transmitted infection
15transmissible disease who reveals the name or names of sexual
16contacts during the course of an investigation shall be held
17liable in a civil action for such revelation, unless the
18revelation is made falsely or with reckless disregard for the
19truth.
20    (d) Any person who knowingly or maliciously disseminates
21any false information or report concerning the existence of
22any sexually transmitted infection transmissible disease under
23this Section is guilty of a Class A misdemeanor.
24(Source: P.A. 85-681.)
 
25    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)

 

 

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1    Sec. 5.5. Risk assessment.
2    (a) Whenever the Department receives a report of HIV
3infection or AIDS pursuant to this Act and the Department
4determines that the subject of the report may present or may
5have presented a possible risk of HIV transmission, the
6Department shall, when medically appropriate, investigate the
7subject of the report and that person's contacts as defined in
8subsection (c), to assess the potential risks of transmission.
9Any investigation and action shall be conducted in a timely
10fashion. All contacts other than those defined in subsection
11(c) shall be investigated in accordance with Section 5 of this
12Act.
13    (b) If the Department determines that there is or may have
14been potential risks of HIV transmission from the subject of
15the report to other persons, the Department shall afford the
16subject the opportunity to submit any information and comment
17on proposed actions the Department intends to take with
18respect to the subject's contacts who are at potential risk of
19transmission of HIV prior to notification of the subject's
20contacts. The Department shall also afford the subject of the
21report the opportunity to notify the subject's contacts in a
22timely fashion who are at potential risk of transmission of
23HIV prior to the Department taking any steps to notify such
24contacts. If the subject declines to notify such contacts or
25if the Department determines the notices to be inadequate or
26incomplete, the Department shall endeavor to notify such other

 

 

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1persons of the potential risk, and offer testing and
2counseling services to these individuals. When the contacts
3are notified, they shall be informed of the disclosure
4provisions of the AIDS Confidentiality Act and the penalties
5therein and this Section.
6    (c) Contacts investigated under this Section shall in the
7case of HIV infection include (i) individuals who have
8undergone invasive procedures performed by an HIV infected
9health care provider and (ii) health care providers who have
10performed invasive procedures for persons infected with HIV,
11provided the Department has determined that there is or may
12have been potential risk of HIV transmission from the health
13care provider to those individuals or from infected persons to
14health care providers. The Department shall have access to the
15subject's records to review for the identity of contacts. The
16subject's records shall not be copied or seized by the
17Department.
18    For purposes of this subsection, the term "invasive
19procedures" means those procedures termed invasive by the
20Centers for Disease Control in current guidelines or
21recommendations for the prevention of HIV transmission in
22health care settings, and the term "health care provider"
23means any physician, dentist, podiatric physician, advanced
24practice registered nurse, physician assistant, nurse, or
25other person providing health care services of any kind.
26    (d) All information and records held by the Department and

 

 

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1local health authorities pertaining to activities conducted
2pursuant to this Section shall be strictly confidential and
3exempt from copying and inspection under the Freedom of
4Information Act. Such information and records shall not be
5released or made public by the Department or local health
6authorities, and shall not be admissible as evidence, nor
7discoverable in any action of any kind in any court or before
8any tribunal, board, agency or person and shall be treated in
9the same manner as the information and those records subject
10to the provisions of Part 21 of Article VIII of the Code of
11Civil Procedure except under the following circumstances:
12        (1) When made with the written consent of all persons
13    to whom this information pertains;
14        (2) (Blank); or
15        (3) When made by the Department for the purpose of
16    seeking a warrant authorized by Sections 6 and 7 of this
17    Act. Such disclosure shall conform to the requirements of
18    subsection (a) of Section 8 of this Act.
19    (e) Any person who knowingly or maliciously disseminates
20any information or report concerning the existence of any
21infection disease under this Section is guilty of a Class A
22misdemeanor.
23(Source: P.A. 102-168, eff. 7-27-21.)
 
24    (410 ILCS 325/6)  (from Ch. 111 1/2, par. 7406)
25    Sec. 6. Physical examination and treatment.

 

 

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1    (a) Subject to the provisions of subsection (c) of this
2Section, the Department and its authorized representatives may
3examine or cause to be examined persons reasonably believed to
4be infected with or to have been exposed to a sexually
5transmitted infection transmissible disease.
6    (b) Subject to the provisions of subsection (c) of this
7Section, persons with a sexually transmitted infection
8transmissible disease shall report for complete treatment to a
9physician licensed under the provisions of the Medical
10Practice Act of 1987, or shall submit to treatment at a
11facility provided by a local health authority or other public
12facility, as the Department shall require by rule or
13regulation until the infection disease is noncommunicable or
14the Department determines that the person does not present a
15real and present danger to the public health. This subsection
16(b) shall not be construed to require the Department or local
17health authorities to pay for or provide such treatment.
18    (c) No person shall be apprehended, examined or treated
19for a sexually transmitted infection transmissible disease
20against his will, under the provisions of this Act, except
21upon the presentation of a warrant duly authorized by a court
22of competent jurisdiction. In requesting the issuance of such
23a warrant the Department shall show by a preponderance of
24evidence that the person is infectious and that a real and
25present danger to the public health and welfare exists unless
26such warrant is issued and shall show that all other

 

 

HB5076 Engrossed- 53 -LRB103 39339 CES 69501 b

1reasonable means of obtaining compliance have been exhausted
2and that no other less restrictive alternative is available.
3The court shall require any proceedings authorized by this
4subsection (c) to be conducted in camera. A record shall be
5made of such proceedings but shall be sealed, impounded and
6preserved in the records of the court, to be made available to
7the reviewing court in the event of an appeal.
8    (d) Any person who knowingly or maliciously disseminates
9any false information or report concerning the existence of
10any sexually transmitted infection transmissible disease under
11this Section is guilty of a Class A misdemeanor.
12    (e) Taking into account the recommendations of the U.S.
13Centers for Disease Control and Prevention and other
14nationally recognized medical authorities, the Department
15shall provide information and technical assistance as
16appropriate to health care professionals who provide expedited
17partner therapy services for persons with sexually transmitted
18infections transmissible diseases.
19        (1) Notwithstanding any other provision of law, a
20    health care professional who makes a clinical diagnosis of
21    chlamydia, gonorrhea, or trichomoniasis may prescribe,
22    dispense, furnish, or otherwise provide prescription
23    antibiotic drugs to the infected person's sexual partner
24    or partners for the treatment of the sexually transmitted
25    infection transmissible disease without physical
26    examination of the partner or partners, if in the judgment

 

 

HB5076 Engrossed- 54 -LRB103 39339 CES 69501 b

1    of the health care professional the partner is unlikely or
2    unable to present for comprehensive healthcare, including
3    evaluation, testing, and treatment for sexually
4    transmitted infections transmissible diseases. Expedited
5    partner therapy shall be limited to partners who may have
6    been exposed to a sexually transmitted infection
7    transmissible disease within the previous 60 days, if the
8    patient is able to contact the partner.
9        (2) Health care professionals who provide expedited
10    partner therapy shall comply with Sections 4 and 5 of this
11    the Illinois Sexually Transmissible Disease Control Act.
12        (3) Health care professionals who provide expedited
13    partner therapy shall provide counseling for the patient
14    and written materials provided by the Department to be
15    given by the patient to the partner or partners that
16    include at a minimum the following:
17            (A) a warning that a woman who is pregnant or might
18        be pregnant must not take certain antibiotics and must
19        immediately contact a health care professional for an
20        examination, and a recommendation for such an
21        examination;
22            (B) information about the antibiotic and dosage
23        provided or prescribed; clear and explicit allergy and
24        side effect warnings, including a warning that a
25        partner who has a history of allergy to the antibiotic
26        or the pharmaceutical class of antibiotic must not

 

 

HB5076 Engrossed- 55 -LRB103 39339 CES 69501 b

1        take the antibiotic and must be immediately examined
2        by a health care professional, and a recommendation
3        for such an examination;
4            (C) information about the treatment and prevention
5        of sexually transmitted infections transmissible
6        diseases;
7            (D) the requirement of abstinence until a period
8        of time after treatment to prevent infecting others;
9            (E) notification of the importance of the partner
10        or partners of the patient to receive examination and
11        testing for HIV and other sexually transmitted
12        infections transmissible diseases, and available
13        resources;
14            (F) notification of the risk to self, others, and
15        the public health if the sexually transmitted
16        infection transmissible disease is not completely and
17        successfully treated;
18            (G) the responsibility of the partner or partners
19        to inform his or her sex partner or partners of the
20        risk of sexually transmitted infection transmissible
21        disease and the importance of prompt examination and
22        treatment; and
23            (H) other information as deemed necessary by the
24        Department.
25        (4) The Department shall develop and disseminate in
26    electronic and other formats the following written

 

 

HB5076 Engrossed- 56 -LRB103 39339 CES 69501 b

1    materials:
2            (A) informational materials for partners, as
3        required in item (3) of this subsection (e);
4            (B) informational materials for persons who are
5        repeatedly diagnosed with sexually transmitted
6        infections transmissible diseases; and
7            (C) guidance for health care professionals on the
8        safe and effective provision of expedited partner
9        therapy.
10        The Department may offer educational programs about
11    expedited partner therapy for health care professionals
12    and pharmacists licensed under the Pharmacy Practice Act.
13        (5) A health care professional prescribing,
14    dispensing, furnishing, or otherwise providing in good
15    faith without fee or compensation prescription antibiotics
16    to partners under this subsection (e) and providing
17    counseling and written materials as required by item (3)
18    of this subsection (e) shall not be subject to civil or
19    professional liability, except for willful and wanton
20    misconduct. A health care professional shall not be
21    subject to civil or professional liability for choosing
22    not to provide expedited partner therapy.
23        (6) A pharmacist or pharmacy shall not be subject to
24    civil or professional liability for choosing not to fill a
25    prescription that would cause the pharmacist or pharmacy
26    to violate any provision of the Pharmacy Practice Act,

 

 

HB5076 Engrossed- 57 -LRB103 39339 CES 69501 b

1    including the definition of "prescription" set forth in
2    subsection (e) of Section 3 of the Pharmacy Practice Act
3    or the definition of "drug regimen review" set forth in
4    subsection (y) of Section 3 of the Pharmacy Practice Act.
5(Source: P.A. 102-185, eff. 1-1-22.)
 
6    (410 ILCS 325/7)  (from Ch. 111 1/2, par. 7407)
7    Sec. 7. Quarantine and isolation.
8    (a) Subject to the provisions of subsection (b) of this
9Section, the Department may order a person to be isolated or a
10place to be quarantined and made off limits to the public to
11prevent the probable spread of a sexually transmitted
12infection transmissible disease, until such time as the
13condition can be corrected or the danger to the public health
14eliminated or reduced in such a manner that no substantial
15danger to the public's health any longer exists.
16    (b) No person may be ordered to be isolated, and no place
17may be ordered to be quarantined, except with the consent of
18such person or owner of such place or upon the order of a court
19of competent jurisdiction and upon proof by the Department, by
20clear and convincing evidence, that the public's health and
21welfare are significantly endangered by a person with a
22sexually transmitted infection transmissible disease or by a
23place where there is a significant amount of sexual activity
24likely to spread a sexually transmitted infection
25transmissible disease, and upon proof that all other

 

 

HB5076 Engrossed- 58 -LRB103 39339 CES 69501 b

1reasonable means of correcting the problem have been exhausted
2and no less restrictive alternative exists.
3    (c) This Section shall be considered supplemental to the
4existing authorities and powers of the Department, and shall
5not be construed to restrain or restrict the Department in
6protecting the public health under any other provisions of the
7law.
8    (d) Any person who knowingly or maliciously disseminates
9any false information or report concerning the existence of
10any sexually transmitted infection transmissible disease in
11connection with the Department's power of quarantine and
12isolation is guilty of a Class A misdemeanor.
13(Source: P.A. 85-681.)
 
14    (410 ILCS 325/8)  (from Ch. 111 1/2, par. 7408)
15    Sec. 8. Confidentiality.
16    (a) All information and records held by the Department and
17its authorized representatives relating to known or suspected
18cases of sexually transmitted infections transmissible
19diseases shall be strictly confidential and exempt from
20inspection and copying under The Freedom of Information Act,
21as amended. The Department and its authorized representatives
22shall not disclose information and records held by them
23relating to known or suspected cases of sexually transmitted
24infections transmissible diseases publicly or in any action of
25any kind in any court or before any tribunal, board, or agency,

 

 

HB5076 Engrossed- 59 -LRB103 39339 CES 69501 b

1and such information shall not be released or made public by a
2court conducting proceedings authorized by subsection (c) of
3Section 6 of this Act, except that release of such information
4may be made under the following circumstances:
5        (1) When made with the consent of all persons to which
6    the information applies;
7        (2) When made for statistical purposes and medical or
8    epidemiologic information is summarized so that no person
9    can be identified and no names are revealed;
10        (3) When made to medical personnel, appropriate State
11    agencies or courts of appropriate jurisdiction to enforce
12    the provisions of this Act and related rules; or
13        (4) When made to persons determined by the Department
14    to be or have been at potential risk of HIV transmission
15    pursuant to Section 5.5 of this Act.
16    (b) (Blank).
17    (c) A court hearing a request for the issuance of a warrant
18as authorized in subsection (c) of Section 6 of this Act shall
19conduct such proceedings in camera. A record shall be made of
20authorized proceedings but shall be sealed, impounded and
21preserved in the records of the court, to be made available to
22the reviewing court in the event of an appeal.
23    (d) No employee of the Department or its authorized
24representatives shall be examined in a civil, criminal,
25special or other proceeding concerning the existence or
26contents of pertinent records of a person examined or treated

 

 

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1for a sexually transmitted infection transmissible disease by
2the Department or its authorized representatives pursuant to
3the provisions of this Act, or concerning the existence or
4contents of such reports received from a private physician or
5private health facility, pursuant to the provisions of this
6Act, without the consent of the person examined and treated
7for such infections diseases, except in proceedings under
8Sections 6 and 7 of this Act.
9    (e) Any person who knowingly violates the confidentiality
10provisions of this Section is guilty of a Class A misdemeanor.
11    (f) Any person who knowingly or maliciously disseminates
12any false information or report concerning the existence of
13any sexually transmitted infection transmissible disease under
14this Section is guilty of a Class A misdemeanor.
15(Source: P.A. 89-381, eff. 8-18-95.)
 
16    (410 ILCS 325/9)  (from Ch. 111 1/2, par. 7409)
17    Sec. 9. Prisoners.
18    (a) The Department and its authorized representatives may,
19at its discretion, enter any State, county or municipal
20detention facility to interview, examine and treat any
21prisoner for a sexually transmitted infection transmissible
22disease. Any such State, county or municipal detention
23facility shall cooperate with the Department and its
24authorized representative to provide such space as is
25necessary for the examination and treatment of all prisoners

 

 

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1suffering from or suspected of having a sexually transmitted
2infection transmissible disease.
3    (b) Nothing in this Section shall be construed as
4relieving the Department of Corrections or any county or
5municipality of their primary responsibility for providing
6medical treatment for prisoners under their jurisdiction,
7including treatment for sexually transmitted infections
8transmissible diseases.
9    (c) Any person who knowingly or maliciously disseminates
10any false information or report concerning the existence of
11any sexually transmitted infection transmissible disease under
12this Section is guilty of a Class A misdemeanor.
13    (d) The Department, in consultation with the Department of
14Corrections, shall develop and implement written procedures
15that establish a process for confidentially notifying and
16recommending sexually transmitted infection transmissible
17disease testing of the contacts of a committed person who has
18been diagnosed with a sexually transmitted infection
19transmissible disease and for notifying and recommending
20sexually transmitted infection transmissible disease testing
21of a committed person who has had contact with one diagnosed
22with a sexually transmitted infection transmissible disease.
23The process shall be in accordance with Sections 3, 5, and 8 of
24this Act.
25(Source: P.A. 97-928, eff. 8-10-12.)
 

 

 

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1    Section 45. The Abused and Neglected Child Reporting Act
2is amended by changing Section 5 as follows:
 
3    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
4    Sec. 5. An officer of a local law enforcement agency,
5designated employee of the Department, or a physician treating
6a child may take or retain temporary protective custody of the
7child without the consent of the person responsible for the
8child's welfare, if (1) the officer of a local law enforcement
9agency, designated employee of the Department, or a physician
10treating a child has reason to believe that the child cannot be
11cared for at home or in the custody of the person responsible
12for the child's welfare without endangering the child's health
13or safety; and (2) there is not time to apply for a court order
14under the Juvenile Court Act of 1987 for temporary custody of
15the child. The person taking or retaining a child in temporary
16protective custody shall immediately make every reasonable
17effort to notify the person responsible for the child's
18welfare and shall immediately notify the Department. The
19Department shall provide to the temporary caretaker of a child
20any information in the Department's possession concerning the
21positive results of a test performed on the child to determine
22the presence of the antibody or antigen to Human
23Immunodeficiency Virus (HIV), or of HIV infection, as well as
24any communicable diseases or communicable infections that the
25child has. The temporary caretaker of a child shall not

 

 

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1disclose to another person any information received by the
2temporary caretaker from the Department concerning the results
3of a test performed on the child to determine the presence of
4the antibody or antigen to HIV, or of HIV infection, except
5pursuant to Section 9 of the AIDS Confidentiality Act, as now
6or hereafter amended. The Department shall promptly initiate
7proceedings under the Juvenile Court Act of 1987 for the
8continued temporary custody of the child.
9    Where the physician keeping a child in the physician's
10custody does so in the physician's capacity as a member of the
11staff of a hospital or similar institution, the physician
12shall notify the person in charge of the institution or the
13designated agent of the person in charge, who shall then
14become responsible for the further care of such child in the
15hospital or similar institution under the direction of the
16Department.
17    Said care includes, but is not limited to the granting of
18permission to perform emergency medical treatment to a minor
19where the treatment itself does not involve a substantial risk
20of harm to the minor and the failure to render such treatment
21will likely result in death or permanent harm to the minor, and
22there is not time to apply for a court order under the Juvenile
23Court Act of 1987.
24    Any person authorized and acting in good faith in the
25removal of a child under this Section shall have immunity from
26any liability, civil or criminal, that might otherwise be

 

 

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1incurred or imposed as a result of such removal. Any physician
2authorized and acting in good faith and in accordance with
3acceptable medical practice in the treatment of a child under
4this Section shall have immunity from any liability, civil or
5criminal, that might otherwise be incurred or imposed as a
6result of granting permission for emergency treatment.
7    With respect to any child taken into temporary protective
8custody pursuant to this Section, the Department of Children
9and Family Services Guardianship Administrator or the
10Guardianship Administrator's designee shall be deemed the
11child's legally authorized representative for purposes of
12consenting to an HIV test if deemed necessary and appropriate
13by the Department's Guardianship Administrator or the
14Guardianship Administrator's designee and obtaining and
15disclosing information concerning such test pursuant to the
16AIDS Confidentiality Act if deemed necessary and appropriate
17by the Department's Guardianship Administrator or the
18Guardianship Administrator's designee and for purposes of
19consenting to the release of information pursuant to the
20Illinois Sexually Transmitted Infection Transmissible Disease
21Control Act if deemed necessary and appropriate by the
22Department's Guardianship Administrator or designee.
23    Any person who administers an HIV test upon the consent of
24the Department of Children and Family Services Guardianship
25Administrator or the Guardianship Administrator's designee, or
26who discloses the results of such tests to the Department's

 

 

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1Guardianship Administrator or the Guardianship Administrator's
2designee, shall have immunity from any liability, civil,
3criminal or otherwise, that might result by reason of such
4actions. For the purpose of any proceedings, civil or
5criminal, the good faith of any persons required to administer
6or disclose the results of tests, or permitted to take such
7actions, shall be presumed.
8(Source: P.A. 103-22, eff. 8-8-23.)
 
9    Section 50. The Perinatal HIV Prevention Act is amended by
10changing Section 15 as follows:
 
11    (410 ILCS 335/15)
12    Sec. 15. Reporting.
13    (a) Health care facilities shall adopt a policy that
14provides that a report of a preliminarily HIV-positive woman
15identified by a rapid HIV test or a report of a preliminarily
16HIV-exposed newborn infant identified by a rapid HIV test
17shall be made to the Department's Perinatal HIV Hotline within
1812 hours but not later than 24 hours of the test result.
19Section 15 of the AIDS Confidentiality Act applies to
20reporting under this Act, except that the immunities set forth
21in that Section do not apply in cases of willful or wanton
22misconduct.
23    (b) The Department shall adopt rules specifying the
24information required in reporting the preliminarily

 

 

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1HIV-positive pregnant or post-partum woman and preliminarily
2HIV-exposed newborn infant and the method of reporting. In
3adopting the rules, the Department shall consider the need for
4information, protections for the privacy and confidentiality
5of the infant and parents, the need to provide access to care
6and follow-up services to the infant, and procedures for
7destruction of records maintained by the Department if,
8through subsequent HIV testing, the pregnant or post-partum
9woman or newborn infant is found to be HIV-negative.
10    (c) The confidentiality provisions of the AIDS
11Confidentiality Act shall apply to the reports of cases of
12perinatal HIV made pursuant to this Section.
13    (d) Health care facilities shall monthly report aggregate
14statistics to the Department that include the number of
15pregnant or delivering women who presented with known HIV
16status; the number of pregnant women rapidly tested for HIV in
17labor and delivery as either a first HIV test or a repeat third
18trimester HIV test; the number of newborn infants rapidly
19tested for HIV-exposure because the HIV status of the
20delivering woman was unknown in the third trimester, or the
21delivering woman refused testing; the number of preliminarily
22HIV-positive pregnant or delivering women and preliminarily
23HIV-exposed newborn infants identified; the number of families
24referred to case management; and other information the
25Department determines is necessary to measure progress under
26the provisions of this Act. Health care facilities must report

 

 

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1the confirmatory test result when it becomes available for
2each preliminarily positive rapid HIV test performed on the
3pregnant or delivering woman and on a newborn.
4    (e) The Department or its authorized representative shall
5provide case management services to the preliminarily positive
6pregnant or post-partum woman or the parent or guardian of the
7preliminarily positive newborn infant to ensure access to
8treatment and care and other services where the pregnant or
9post-partum woman or the parent or guardian of the newborn
10infant has consented to the services.
11    (f) Every health care facility caring for a newborn infant
12whose mother had been diagnosed HIV positive prior to labor
13and delivery shall report a case of perinatal HIV exposure in
14accordance with the HIV/AIDS Registry Act, the Illinois
15Sexually Transmitted Infection
Transmissible Disease Control
16Act, and rules to be developed by the Department. If after 18
17months from the date that the report was submitted, a newborn
18infant is determined to not have HIV or AIDS, the Department
19shall remove the newborn infant's name from all reports,
20records, and files collected or created under this subsection
21(f).
22(Source: P.A. 100-265, eff. 8-22-17.)
 
23    Section 55
. The Juvenile Court Act of 1987 is amended by
24changing Section 2-11 as follows:
 

 

 

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1    (705 ILCS 405/2-11)  (from Ch. 37, par. 802-11)
2    Sec. 2-11. Medical and dental treatment and care. At all
3times during temporary custody or shelter care, the court may
4authorize a physician, a hospital or any other appropriate
5health care provider to provide medical, dental or surgical
6procedures if such procedures are necessary to safeguard the
7minor's life or health.
8    With respect to any minor for whom the Department of
9Children and Family Services Guardianship Administrator is
10appointed the temporary custodian, the Guardianship
11Administrator or the Guardianship Administrator's designee
12shall be deemed the minor's legally authorized representative
13for purposes of consenting to an HIV test and obtaining and
14disclosing information concerning such test pursuant to the
15AIDS Confidentiality Act and for purposes of consenting to the
16release of information pursuant to the Illinois Sexually
17Transmitted Infection Transmissible Disease Control Act.
18    Any person who administers an HIV test upon the consent of
19the Department of Children and Family Services Guardianship
20Administrator or the Guardianship Administrator's designee, or
21who discloses the results of such tests to the Department's
22Guardianship Administrator or the Guardianship Administrator's
23designee, shall have immunity from any liability, civil,
24criminal or otherwise, that might result by reason of such
25actions. For the purpose of any proceedings, civil or
26criminal, the good faith of any persons required to administer

 

 

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1or disclose the results of tests, or permitted to take such
2actions, shall be presumed.
3(Source: P.A. 103-22, eff. 8-8-23.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.