Full Text of HB5152 96th General Assembly
HB5152ham002 96TH GENERAL ASSEMBLY
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Rep. Elaine Nekritz
Filed: 3/22/2010
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| AMENDMENT TO HOUSE BILL 5152
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| AMENDMENT NO. ______. Amend House Bill 5152, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Developmental Disability and Mental Health Safety Act or | 7 |
| Brian's Law. | 8 |
| Section 5. Legislative Findings. The General Assembly | 9 |
| finds all of the following: | 10 |
| (a) As a result of decades of significant under-funding of | 11 |
| Illinois' developmental disabilities and mental health service | 12 |
| delivery system, the quality of life of individuals with | 13 |
| disabilities has been negatively impacted and, in an | 14 |
| unacceptable number of instances, has resulted in serious | 15 |
| health consequences and even death. | 16 |
| (b) In response to growing concern over the safety of the |
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| State-operated developmental disability facilities, following | 2 |
| a series of resident deaths, the agency designated by the | 3 |
| Governor pursuant to the Protection and Advocacy for | 4 |
| Developmentally Disabled Persons Act opened a systemic | 5 |
| investigation to examine all such deaths for a period of time, | 6 |
| including the death of a young man in his twenties, Brian Kent, | 7 |
| on October 30, 2002, and released a public report, "Life and | 8 |
| Death in State-Operated Developmental Disability | 9 |
| Institutions," which included findings and recommendations | 10 |
| aimed at preventing such tragedies in the future. | 11 |
| (c) The documentation of substandard medical care and | 12 |
| treatment of individual residents living in the State-operated | 13 |
| facilities cited in that report necessitate that the State of | 14 |
| Illinois take immediate action to prevent further injuries and | 15 |
| deaths. | 16 |
| (d) The agency designated by the Governor pursuant to the | 17 |
| Protection and Advocacy for Developmentally Disabled Persons | 18 |
| Act has also reviewed conditions and deaths of individuals with | 19 |
| disabilities living in or transferred to community-based | 20 |
| facilities and found similar problems in some of those | 21 |
| settings. | 22 |
| (e) The circumstances associated with deaths in both | 23 |
| State-operated facilities and community-based facilities, and | 24 |
| review of the State's investigations and findings regarding | 25 |
| these incidents, demonstrate that the current federal and State | 26 |
| oversight and investigatory systems are seriously |
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| under-funded. | 2 |
| (f) An effective mortality review process enables state | 3 |
| service systems to focus on individual deaths and consider the | 4 |
| broader issues, policies, and practices that may contribute to | 5 |
| these tragedies. This critical information, when shared with | 6 |
| public and private facilities, can help to reduce circumstances | 7 |
| that place individuals at high risk of serious harm and even | 8 |
| death. | 9 |
| (g) The purpose of this Act is to establish within the | 10 |
| Department of Human Services a low-cost, volunteer-based | 11 |
| mortality review process conducted by an independent team of | 12 |
| experts that will enhance the health and safety of the | 13 |
| individuals served by Illinois' developmental disability and | 14 |
| mental health service delivery systems. | 15 |
| (h) This independent team of experts will be comparable to | 16 |
| 2 existing types of oversight teams: the Abuse Prevention | 17 |
| Review Team created under the jurisdiction of the Department of | 18 |
| Public Health, which examines deaths of individuals living in | 19 |
| long-term care facilities, and Child Death Review Teams created | 20 |
| under the jurisdiction of the Department of Children and Family | 21 |
| Services, which reviews the deaths of children. | 22 |
| Section 10. Definitions. As used in this Act: | 23 |
| "Community agency" means (i) a community agency licensed, | 24 |
| funded, or certified by the Department of Human Services, but | 25 |
| not licensed or certified by any other human services agency of |
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| the State, to provide developmental disabilities service or | 2 |
| mental health service or (ii) a program licensed, funded, or | 3 |
| certified by the Department of Human Services, but not licensed | 4 |
| or certified by any other human services agency of the State, | 5 |
| to provide developmental disabilities service or mental health | 6 |
| service. | 7 |
| "Facility" means a developmental disabilities facility or | 8 |
| mental health facility operated by the Department of Human | 9 |
| Services. | 10 |
| Section 15. Mortality Review Process. | 11 |
| (a) The Department of Human Services shall develop an | 12 |
| independent team of experts from the academic, private, and | 13 |
| public sectors to examine all deaths at facilities and | 14 |
| community agencies. | 15 |
| (b) The Secretary of Human Services, in consultation with | 16 |
| the Director of Public Health, shall appoint members to the | 17 |
| independent team of experts, which shall consist of at least | 18 |
| one member from each of the following categories: | 19 |
| 1. Physicians experienced in providing medical care to | 20 |
| individuals with developmental disabilities. | 21 |
| 2. Physicians experienced in providing medical care to | 22 |
| individuals with mental illness. | 23 |
| 3. Registered nurses experienced in providing medical | 24 |
| care to individuals with developmental disabilities. | 25 |
| 4. Registered nurses experienced in providing medical |
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| care to individuals with mental illness. | 2 |
| 5. Psychiatrists. | 3 |
| 6. Psychologists. | 4 |
| 7. Representatives of the Department of Human Services | 5 |
| who are not employed at the facility at which the death | 6 |
| occurred. | 7 |
| 8. Representatives of the Department of Public Health. | 8 |
| 9. Representatives of the agency designated by the | 9 |
| Governor pursuant to the Protection and Advocacy for | 10 |
| Developmentally Disabled Persons Act. | 11 |
| 10. State's Attorneys or State's Attorneys' | 12 |
| representatives. | 13 |
| 11. Coroners or forensic pathologists. | 14 |
| 12. Representatives of local hospitals, trauma | 15 |
| centers, or providers of emergency medical services. | 16 |
| 13. Other categories of persons, as the Secretary of | 17 |
| Human Services may see fit. | 18 |
| The independent team of experts may make recommendations to | 19 |
| the Secretary of Human Services concerning additional | 20 |
| appointments. Each team member must have demonstrated | 21 |
| experience and an interest in investigating, treating, or | 22 |
| preventing the deaths of individuals with disabilities. The | 23 |
| Secretary of Human Services shall appoint additional teams if | 24 |
| the Secretary or the existing team determines that more teams | 25 |
| are necessary to accomplish the purposes of this Act. The | 26 |
| members of a team shall be appointed for 2-year staggered terms |
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| and shall be eligible for reappointment upon the expiration of | 2 |
| their terms. Each independent team shall select a Chairperson | 3 |
| from among its members. | 4 |
| (c) The independent team of experts shall examine the | 5 |
| deaths of all individuals who have died while under the care of | 6 |
| a facility or community agency. | 7 |
| (d) The purpose of the independent team of experts' | 8 |
| examination of such deaths is to do the following: | 9 |
| 1. Review the cause and manner of the individual's | 10 |
| death. | 11 |
| 2. Review all actions taken by the facility, State | 12 |
| agencies, or other entities to address the cause or causes | 13 |
| of death and the adequacy of medical care and treatment. | 14 |
| 3. Evaluate the means, if any, by which the death might | 15 |
| have been prevented. | 16 |
| 4. Report its observations and conclusions to the | 17 |
| Secretary of Human Services and make recommendations that | 18 |
| may help to reduce the number of unnecessary deaths. | 19 |
| 5. Promote continuing education for professionals | 20 |
| involved in investigating and preventing the unnecessary | 21 |
| deaths of individuals under the care of a facility or | 22 |
| community agency. | 23 |
| 6. Make specific recommendations to the Secretary of | 24 |
| Human Services concerning the prevention of unnecessary | 25 |
| deaths of individuals under the care of facilities and | 26 |
| community agencies, including changes in policies and |
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| practices that will prevent harm to individuals with | 2 |
| disabilities, and the establishment of protocols for | 3 |
| investigating the deaths of these individuals. | 4 |
| (e) The independent team of experts must examine the cases | 5 |
| submitted to it on a quarterly basis. The team shall meet at | 6 |
| least once in each calendar quarter if there are cases to be | 7 |
| examined. The Department of Human Services shall forward cases | 8 |
| within 90 days after completion of a review or an investigation | 9 |
| into the death of an individual residing at a facility or | 10 |
| community agency. | 11 |
| (f) Within 90 days after receiving recommendations made by | 12 |
| the independent team of experts under subsection (d) of this | 13 |
| Section, the Secretary of Human Services must review those | 14 |
| recommendations, as feasible and appropriate, and shall | 15 |
| respond to the team in writing to explain the implementation of | 16 |
| those recommendations. | 17 |
| (g) The Secretary of Human Services shall establish | 18 |
| protocols governing the operation of the independent team. | 19 |
| Those protocols shall include the creation of sub-teams to | 20 |
| review the case records or portions of the case records and | 21 |
| report to the full team. The members of a sub-team shall be | 22 |
| composed of team members specially qualified to examine those | 23 |
| records. In any instance in which the independent team does not | 24 |
| operate in accordance with established protocol, the Secretary | 25 |
| of Human Services shall take any necessary actions to bring the | 26 |
| team into compliance with the protocol. |
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| Section 20. Independent team of experts' access to | 2 |
| information. | 3 |
| (a) The Secretary of Human Services shall provide to the | 4 |
| independent team of experts, on the request of the team | 5 |
| Chairperson, all records and information in the Department's | 6 |
| possession that are relevant to the team's examination of a | 7 |
| death of the sort described in subsection (c) of Section 10, | 8 |
| including records and information concerning previous reports | 9 |
| or investigations of any matter, as determined by the team. | 10 |
| (b) The independent team shall have access to all records | 11 |
| and information that are relevant to its review of a death and | 12 |
| in the possession of a State or local governmental agency or | 13 |
| other entity. These records and information shall include, | 14 |
| without limitation, death certificates, all relevant medical | 15 |
| and mental health records, records of law enforcement agency | 16 |
| investigations, records of coroner or medical examiner | 17 |
| investigations, records of the Department of Corrections | 18 |
| concerning a person's parole, records of a probation and court | 19 |
| services department, and records of a social services agency | 20 |
| that provided services to the person who died. | 21 |
| Section 25. Public access to and confidentiality of | 22 |
| information. | 23 |
| (a) Meetings of the independent team of experts shall be | 24 |
| closed to the public. |
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| (b) Records and information provided to the independent | 2 |
| team of experts are confidential. Nothing contained in this | 3 |
| subsection (b) prevents the sharing or disclosure of records, | 4 |
| other than those produced by the independent team, relating or | 5 |
| pertaining to the death of an individual. | 6 |
| (c) Members of the independent team of experts are not | 7 |
| subject to examination, in any civil or criminal proceeding, | 8 |
| concerning information presented to members of the team or | 9 |
| opinions formed by members of the team based on that | 10 |
| information. A person may, however, be examined concerning | 11 |
| information provided to the team that is otherwise available to | 12 |
| the public. | 13 |
| (d) Records and information produced by the team are not | 14 |
| subject to discovery or subpoena and are not admissible as | 15 |
| evidence in any civil or criminal proceeding. Those records and | 16 |
| information are, however, subject to discovery or a subpoena, | 17 |
| and are admissible as evidence to the extent they are otherwise | 18 |
| available to the public. | 19 |
| Section 30. Indemnification. The State shall indemnify and | 20 |
| hold harmless members of the independent team for all their | 21 |
| acts, omissions, decisions, or other conduct arising out of the | 22 |
| scope of their service on the team, except those involving | 23 |
| willful or wanton misconduct. The method of providing | 24 |
| indemnification shall be as provided in the State Employee | 25 |
| Indemnification Act. |
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| Section 35. Department's annual report. The Department of | 2 |
| Human Services shall include in its annual report to the | 3 |
| General Assembly a report of the activities of the independent | 4 |
| team of experts, the results of the team's observations and | 5 |
| conclusions, categories of members of the team as prescribed in | 6 |
| Section 10 of this Act which are currently vacant, | 7 |
| recommendations made by the team to the Governor, State | 8 |
| agencies, or other entities, and, as applicable, either (i) the | 9 |
| implementation of the recommendations or (ii) the reasons the | 10 |
| recommendations were not implemented. | 11 |
| Section 40. Rights information. The Department of Human | 12 |
| Services shall ensure that individuals with disabilities and | 13 |
| their guardians and families receive sufficient information | 14 |
| regarding their rights, including the right to be safe, the | 15 |
| right to be free from abuse and neglect, the right to receive | 16 |
| quality services, and the right to an adequate discharge plan | 17 |
| and timely transition to the least restrictive setting to meet | 18 |
| their individual needs and desires. The Department shall | 19 |
| provide this information, which shall be developed in | 20 |
| collaboration with the agency designated by the Governor | 21 |
| pursuant to the Protection and Advocacy for Developmentally | 22 |
| Disabled Persons Act, in order to allow individuals with | 23 |
| disabilities and their guardians and families to make informed | 24 |
| decisions regarding the provision of services that can meet the |
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| individual's needs and desires. The Department shall provide | 2 |
| this information to all facilities and community agencies to be | 3 |
| made available upon admission and at least annually thereafter | 4 |
| for as long as the individual remains in the facility. | 5 |
| Section 90. The Open Meetings Act is amended by changing | 6 |
| Section 2 as follows:
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| (5 ILCS 120/2) (from Ch. 102, par. 42)
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| Sec. 2. Open meetings.
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| (a) Openness required. All meetings of public
bodies shall | 10 |
| be open to the public unless excepted in subsection (c)
and | 11 |
| closed in accordance with Section 2a.
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| (b) Construction of exceptions. The exceptions contained | 13 |
| in subsection
(c) are in derogation of the requirement that | 14 |
| public bodies
meet in the open, and therefore, the exceptions | 15 |
| are to be strictly
construed, extending only to subjects | 16 |
| clearly within their scope.
The exceptions authorize but do not | 17 |
| require the holding of
a closed meeting to discuss a subject | 18 |
| included within an enumerated exception.
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| (c) Exceptions. A public body may hold closed meetings to | 20 |
| consider the
following subjects:
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| (1) The appointment, employment, compensation, | 22 |
| discipline, performance,
or dismissal of specific | 23 |
| employees of the public body or legal counsel for
the | 24 |
| public body, including hearing
testimony on a complaint |
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| lodged against an employee of the public body or
against | 2 |
| legal counsel for the public body to determine its | 3 |
| validity.
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| (2) Collective negotiating matters between the public | 5 |
| body and its
employees or their representatives, or | 6 |
| deliberations concerning salary
schedules for one or more | 7 |
| classes of employees.
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| (3) The selection of a person to fill a public office,
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| as defined in this Act, including a vacancy in a public | 10 |
| office, when the public
body is given power to appoint | 11 |
| under law or ordinance, or the discipline,
performance or | 12 |
| removal of the occupant of a public office, when the public | 13 |
| body
is given power to remove the occupant under law or | 14 |
| ordinance.
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| (4) Evidence or testimony presented in open hearing, or | 16 |
| in closed
hearing where specifically authorized by law, to
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| a quasi-adjudicative body, as defined in this Act, provided | 18 |
| that the body
prepares and makes available for public | 19 |
| inspection a written decision
setting forth its | 20 |
| determinative reasoning.
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| (5) The purchase or lease of real property for the use | 22 |
| of
the public body, including meetings held for the purpose | 23 |
| of discussing
whether a particular parcel should be | 24 |
| acquired.
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| (6) The setting of a price for sale or lease of | 26 |
| property owned
by the public body.
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| (7) The sale or purchase of securities, investments, or | 2 |
| investment
contracts.
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| (8) Security procedures and the use of personnel and
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| equipment to respond to an actual, a threatened, or a | 5 |
| reasonably
potential danger to the safety of employees, | 6 |
| students, staff, the public, or
public
property.
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| (9) Student disciplinary cases.
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| (10) The placement of individual students in special | 9 |
| education
programs and other matters relating to | 10 |
| individual students.
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| (11) Litigation, when an action against, affecting or | 12 |
| on behalf of the
particular public body has been filed and | 13 |
| is pending before a court or
administrative tribunal, or | 14 |
| when the public body finds that an action is
probable or | 15 |
| imminent, in which case the basis for the finding shall be
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| recorded and entered into the minutes of the closed | 17 |
| meeting.
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| (12) The establishment of reserves or settlement of | 19 |
| claims as provided
in the Local Governmental and | 20 |
| Governmental Employees Tort Immunity Act, if
otherwise the | 21 |
| disposition of a claim or potential claim might be
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| prejudiced, or the review or discussion of claims, loss or | 23 |
| risk management
information, records, data, advice or | 24 |
| communications from or with respect
to any insurer of the | 25 |
| public body or any intergovernmental risk management
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| association or self insurance pool of which the public body |
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| is a member.
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| (13) Conciliation of complaints of discrimination in | 3 |
| the sale or rental
of housing, when closed meetings are | 4 |
| authorized by the law or ordinance
prescribing fair housing | 5 |
| practices and creating a commission or
administrative | 6 |
| agency for their enforcement.
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| (14) Informant sources, the hiring or assignment of | 8 |
| undercover personnel
or equipment, or ongoing, prior or | 9 |
| future criminal investigations, when
discussed by a public | 10 |
| body with criminal investigatory responsibilities.
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| (15) Professional ethics or performance when | 12 |
| considered by an advisory
body appointed to advise a | 13 |
| licensing or regulatory agency on matters
germane to the | 14 |
| advisory body's field of competence.
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| (16) Self evaluation, practices and procedures or | 16 |
| professional ethics,
when meeting with a representative of | 17 |
| a statewide association of which the
public body is a | 18 |
| member.
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| (17) The recruitment, credentialing, discipline or | 20 |
| formal peer review
of physicians or other
health care | 21 |
| professionals for a hospital, or
other institution | 22 |
| providing medical care, that is operated by the public | 23 |
| body.
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| (18) Deliberations for decisions of the Prisoner | 25 |
| Review Board.
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| (19) Review or discussion of applications received |
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| under the
Experimental Organ Transplantation Procedures | 2 |
| Act.
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| (20) The classification and discussion of matters | 4 |
| classified as
confidential or continued confidential by | 5 |
| the State Government Suggestion Award
Board.
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| (21) Discussion of minutes of meetings lawfully closed | 7 |
| under this Act,
whether for purposes of approval by the | 8 |
| body of the minutes or semi-annual
review of the minutes as | 9 |
| mandated by Section 2.06.
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| (22) Deliberations for decisions of the State
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| Emergency Medical Services Disciplinary
Review Board.
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| (23) The operation by a municipality of a municipal | 13 |
| utility or the
operation of a
municipal power agency or | 14 |
| municipal natural gas agency when the
discussion involves | 15 |
| (i) contracts relating to the
purchase, sale, or delivery | 16 |
| of electricity or natural gas or (ii) the results
or | 17 |
| conclusions of load forecast studies.
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| (24) Meetings of a residential health care facility | 19 |
| resident sexual
assault and death review
team or
the | 20 |
| Executive
Council under the Abuse Prevention Review
Team | 21 |
| Act.
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| (25) Meetings of an independent team of experts under | 23 |
| Brian's Law. | 24 |
| (d) Definitions. For purposes of this Section:
| 25 |
| "Employee" means a person employed by a public body whose | 26 |
| relationship
with the public body constitutes an |
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| employer-employee relationship under
the usual common law | 2 |
| rules, and who is not an independent contractor.
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| "Public office" means a position created by or under the
| 4 |
| Constitution or laws of this State, the occupant of which is | 5 |
| charged with
the exercise of some portion of the sovereign | 6 |
| power of this State. The term
"public office" shall include | 7 |
| members of the public body, but it shall not
include | 8 |
| organizational positions filled by members thereof, whether
| 9 |
| established by law or by a public body itself, that exist to | 10 |
| assist the
body in the conduct of its business.
| 11 |
| "Quasi-adjudicative body" means an administrative body | 12 |
| charged by law or
ordinance with the responsibility to conduct | 13 |
| hearings, receive evidence or
testimony and make | 14 |
| determinations based
thereon, but does not include
local | 15 |
| electoral boards when such bodies are considering petition | 16 |
| challenges.
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| (e) Final action. No final action may be taken at a closed | 18 |
| meeting.
Final action shall be preceded by a public recital of | 19 |
| the nature of the
matter being considered and other information | 20 |
| that will inform the
public of the business being conducted.
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| (Source: P.A. 94-931, eff. 6-26-06; 95-185, eff. 1-1-08.)
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| Section 95. The Freedom of Information Act is amended by | 23 |
| changing Section 7.5 as follows: | 24 |
| (5 ILCS 140/7.5) |
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| Sec. 7.5. Statutory Exemptions. To the extent provided for | 2 |
| by the statutes referenced below, the following shall be exempt | 3 |
| from inspection and copying: | 4 |
| (a) All information determined to be confidential under | 5 |
| Section 4002 of the Technology Advancement and Development Act. | 6 |
| (b) Library circulation and order records identifying | 7 |
| library users with specific materials under the Library Records | 8 |
| Confidentiality Act. | 9 |
| (c) Applications, related documents, and medical records | 10 |
| received by the Experimental Organ Transplantation Procedures | 11 |
| Board and any and all documents or other records prepared by | 12 |
| the Experimental Organ Transplantation Procedures Board or its | 13 |
| staff relating to applications it has received. | 14 |
| (d) Information and records held by the Department of | 15 |
| Public Health and its authorized representatives relating to | 16 |
| known or suspected cases of sexually transmissible disease or | 17 |
| any information the disclosure of which is restricted under the | 18 |
| Illinois Sexually Transmissible Disease Control Act. | 19 |
| (e) Information the disclosure of which is exempted under | 20 |
| Section 30 of the Radon Industry Licensing Act. | 21 |
| (f) Firm performance evaluations under Section 55 of the | 22 |
| Architectural, Engineering, and Land Surveying Qualifications | 23 |
| Based Selection Act. | 24 |
| (g) Information the disclosure of which is restricted and | 25 |
| exempted under Section 50 of the Illinois Prepaid Tuition Act. | 26 |
| (h) Information the disclosure of which is exempted under |
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| the State Officials and Employees Ethics Act, and records of | 2 |
| any lawfully created State or local inspector general's office | 3 |
| that would be exempt if created or obtained by an Executive | 4 |
| Inspector General's office under that Act. | 5 |
| (i) Information contained in a local emergency energy plan | 6 |
| submitted to a municipality in accordance with a local | 7 |
| emergency energy plan ordinance that is adopted under Section | 8 |
| 11-21.5-5 of the Illinois Municipal Code. | 9 |
| (j) Information and data concerning the distribution of | 10 |
| surcharge moneys collected and remitted by wireless carriers | 11 |
| under the Wireless Emergency Telephone Safety Act. | 12 |
| (k) Law enforcement officer identification information or | 13 |
| driver identification information compiled by a law | 14 |
| enforcement agency or the Department of Transportation under | 15 |
| Section 11-212 of the Illinois Vehicle Code. | 16 |
| (l) Records and information provided to a residential | 17 |
| health care facility resident sexual assault and death review | 18 |
| team or the Executive Council under the Abuse Prevention Review | 19 |
| Team Act. | 20 |
| (m) Information provided to the predatory lending database | 21 |
| created pursuant to Article 3 of the Residential Real Property | 22 |
| Disclosure Act, except to the extent authorized under that | 23 |
| Article. | 24 |
| (n) Defense budgets and petitions for certification of | 25 |
| compensation and expenses for court appointed trial counsel as | 26 |
| provided under Sections 10 and 15 of the Capital Crimes |
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| Litigation Act. This subsection (n) shall apply until the | 2 |
| conclusion of the trial of the case, even if the prosecution | 3 |
| chooses not to pursue the death penalty prior to trial or | 4 |
| sentencing. | 5 |
| (o) Information that is prohibited from being disclosed | 6 |
| under Section 4 of the Illinois Health and Hazardous Substances | 7 |
| Registry Act. | 8 |
| (p) Security portions of system safety program plans, | 9 |
| investigation reports, surveys, schedules, lists, data, or | 10 |
| information compiled, collected, or prepared by or for the | 11 |
| Regional Transportation Authority under Section 2.11 of the | 12 |
| Regional Transportation Authority Act or the St. Clair County | 13 |
| Transit District under the Bi-State Transit Safety Act. | 14 |
| (q) Information prohibited from being disclosed by the | 15 |
| Personnel Records Review Act. | 16 |
| (r) Information prohibited from being disclosed by the | 17 |
| Illinois School Student Records Act. | 18 |
| (s) Information the disclosure of which is restricted under | 19 |
| Section 5-108 of the Public Utilities Act.
| 20 |
| (t) Records and information provided to an independent team | 21 |
| of experts under Brian's Law. | 22 |
| (Source: P.A. 96-542, eff. 1-1-10.) | 23 |
| Section 100. The State Employee Indemnification Act is | 24 |
| amended by changing Section 1 as follows: |
|
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LRB096 19040 JDS 39432 a |
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| 1 |
| (5 ILCS 350/1) (from Ch. 127, par. 1301)
| 2 |
| Sec. 1. Definitions. For the purpose of this Act:
| 3 |
| (a) The term "State" means the State of Illinois, the | 4 |
| General
Assembly, the court, or any State office, department, | 5 |
| division, bureau,
board, commission, or committee, the | 6 |
| governing boards of the public
institutions of higher education | 7 |
| created by the State, the Illinois
National Guard, the | 8 |
| Comprehensive Health Insurance Board, any poison control
| 9 |
| center designated under the Poison Control System Act that | 10 |
| receives State
funding, or any other agency or instrumentality | 11 |
| of the State. It
does not mean any local public entity as that | 12 |
| term is defined in Section
1-206 of the Local Governmental and | 13 |
| Governmental Employees Tort Immunity
Act or a pension fund.
| 14 |
| (b) The term "employee" means any present or former elected | 15 |
| or
appointed officer, trustee or employee of the State, or of a | 16 |
| pension
fund,
any present or former commissioner or employee of | 17 |
| the Executive Ethics
Commission or of the Legislative Ethics | 18 |
| Commission, any present or former
Executive, Legislative, or | 19 |
| Auditor General's Inspector General, any present or
former | 20 |
| employee of an Office of an Executive, Legislative, or Auditor | 21 |
| General's
Inspector General, any present or former member of | 22 |
| the Illinois National
Guard
while on active duty, individuals | 23 |
| or organizations who contract with the
Department of | 24 |
| Corrections, the Comprehensive Health Insurance Board, or the
| 25 |
| Department of Veterans' Affairs to provide services, | 26 |
| individuals or
organizations who contract with the Department |
|
|
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LRB096 19040 JDS 39432 a |
|
| 1 |
| of Human Services (as
successor to the Department of Mental | 2 |
| Health and Developmental
Disabilities) to provide services | 3 |
| including but not limited to treatment and
other services for | 4 |
| sexually violent persons, individuals or organizations who
| 5 |
| contract with the Department of
Military
Affairs for youth | 6 |
| programs, individuals or
organizations who contract to perform | 7 |
| carnival and amusement ride safety
inspections for the | 8 |
| Department of Labor, individual representatives of or
| 9 |
| designated organizations authorized to represent the Office of | 10 |
| State Long-Term
Ombudsman for the Department on Aging, | 11 |
| individual representatives of or
organizations designated by | 12 |
| the Department on Aging in the performance of their
duties as | 13 |
| elder abuse provider agencies or regional administrative | 14 |
| agencies
under the Elder Abuse and Neglect Act, individuals or | 15 |
| organizations who perform
volunteer services for the State | 16 |
| where such volunteer relationship is reduced
to writing, | 17 |
| individuals who serve on any public entity (whether created by | 18 |
| law
or administrative action) described in paragraph (a) of | 19 |
| this Section,
individuals or not for profit organizations who, | 20 |
| either as volunteers, where
such volunteer relationship is | 21 |
| reduced to writing, or pursuant to contract,
furnish | 22 |
| professional advice or consultation to any agency or | 23 |
| instrumentality of
the State, individuals who serve as foster | 24 |
| parents for the Department of
Children and Family Services when | 25 |
| caring for a Department ward, individuals who serve as members | 26 |
| of an independent team of experts under Brian's Law, and |
|
|
|
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LRB096 19040 JDS 39432 a |
|
| 1 |
| individuals
who serve as arbitrators pursuant to Part 10A of
| 2 |
| Article II of the Code of Civil Procedure and the rules of the | 3 |
| Supreme Court
implementing Part 10A, each as now or hereafter | 4 |
| amended, but does not mean an
independent contractor except as | 5 |
| provided in this Section. The term includes an
individual | 6 |
| appointed as an inspector by the Director of State Police when
| 7 |
| performing duties within the scope of the activities of a | 8 |
| Metropolitan
Enforcement Group or a law enforcement | 9 |
| organization established under the
Intergovernmental | 10 |
| Cooperation Act. An individual who renders professional
advice | 11 |
| and consultation to the State through an organization which | 12 |
| qualifies as
an "employee" under the Act is also an employee. | 13 |
| The term includes the estate
or personal representative of an | 14 |
| employee.
| 15 |
| (c) The term "pension fund" means a retirement system or | 16 |
| pension
fund created under the Illinois Pension Code.
| 17 |
| (Source: P.A. 93-617, eff. 12-9-03.)
| 18 |
| (405 ILCS 5/5-100A rep.) | 19 |
| Section 105. The Mental Health and Developmental | 20 |
| Disabilities Code is amended by repealing Section 5-100A. | 21 |
| Section 110. The Mental Health and Developmental | 22 |
| Disabilities Confidentiality Act is amended by changing | 23 |
| Section 7 as follows:
|
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|
09600HB5152ham002 |
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LRB096 19040 JDS 39432 a |
|
| 1 |
| (740 ILCS 110/7) (from Ch. 91 1/2, par. 807)
| 2 |
| Sec. 7. Review of therapist or agency; use of recipient's | 3 |
| record.
| 4 |
| (a) When a therapist or agency which provides services is | 5 |
| being
reviewed for purposes of licensure, statistical | 6 |
| compilation, research,
evaluation, or other similar purpose, a | 7 |
| recipient's record may be used by
the person conducting the | 8 |
| review to the extent that this is necessary to
accomplish the | 9 |
| purpose of the review, provided that personally identifiable
| 10 |
| data is removed from the record before use. Personally | 11 |
| identifiable
data may be disclosed only with the consent | 12 |
| obtained under Section 5
of this Act. Licensure and the like | 13 |
| may not be withheld or withdrawn for
failure to disclose | 14 |
| personally identifiable data if consent is not obtained.
| 15 |
| (b) When an agency which provides services is being | 16 |
| reviewed for
purposes of funding, accreditation, reimbursement | 17 |
| or audit by a State or
federal agency or accrediting body, a | 18 |
| recipient's record may be used by
the person conducting the | 19 |
| review and personally identifiable information
may be | 20 |
| disclosed without consent, provided that the personally | 21 |
| identifiable
information is necessary to accomplish the | 22 |
| purpose of the review.
| 23 |
| For the purpose of this subsection, an inspection
| 24 |
| investigation or site visit by the United States Department of | 25 |
| Justice
regarding compliance with a pending consent decree is | 26 |
| considered an audit
by a federal agency.
|
|
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LRB096 19040 JDS 39432 a |
|
| 1 |
| (c) An independent team of experts under Brian's Law The | 2 |
| Mental Health and Developmental Disabilities Medical Review
| 3 |
| Board shall be entitled to inspect and copy the records of any | 4 |
| recipient whose death is being examined by such a team pursuant | 5 |
| to the mortality review process authorized by Brian's Law .
| 6 |
| Information disclosed under this subsection may not be | 7 |
| redisclosed without
the written consent of one of the persons | 8 |
| identified in Section 4 of this Act.
| 9 |
| (Source: P.A. 88-484.)".
|
|