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Public Act 101-0013 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Article 1. REPRODUCTIVE HEALTH ACT | ||||
Section 1-1. Short title. This Act may be cited as the | ||||
Reproductive Health Act. | ||||
Section 1-5. Scope. This Act sets forth the fundamental | ||||
rights of individuals to make autonomous decisions about one's | ||||
own reproductive health, including the fundamental right to use | ||||
or refuse reproductive health care. This includes the | ||||
fundamental right of an individual to use or refuse | ||||
contraception or sterilization, and to make autonomous | ||||
decisions about how to exercise that right; and the fundamental | ||||
right of an individual who becomes pregnant to continue the | ||||
pregnancy and give birth to a child, or to have an abortion, | ||||
and to make autonomous decisions about how to exercise that | ||||
right. This Act restricts the ability of the State to deny, | ||||
interfere with, or discriminate against these fundamental | ||||
rights. | ||||
The purposes of this Act are: | ||||
(1) To establish laws and policies that protect | ||||
individual decision-making in the area of reproductive |
health and that support access to the full scope of quality | ||
reproductive health care for all in our State; and | ||
(2) To permit regulation of reproductive health care, | ||
including contraception, abortion, and maternity care, | ||
only to the extent that such regulation is narrowly | ||
tailored to protect a compelling State interest, which for | ||
the purposes of this Act means: consistent with accepted | ||
standards of clinical practice, evidence based, and | ||
narrowly tailored for the limited purpose of protecting the | ||
health of people seeking such care and in the manner that | ||
least restricts a person's autonomous decision-making. | ||
Section 1-10. Definitions. As used in this Act: | ||
"Abortion" means the use of any instrument, medicine, drug, | ||
or any other substance or device to terminate the pregnancy of | ||
an individual known to be pregnant with an intention other than | ||
to increase the probability of a live birth, to preserve the | ||
life or health of the child after live birth, or to remove a | ||
dead fetus. | ||
"Advanced practice registered nurse" has the same meaning | ||
as it does in Section 50-10 of the Nurse Practice Act. | ||
"Department" means the Illinois Department of Public | ||
Health. | ||
"Fetal viability" means that, in the professional judgment | ||
of the attending health care professional, based on the | ||
particular facts of the case, there is a significant likelihood |
of a fetus' sustained survival outside the uterus without the | ||
application of extraordinary medical measures. | ||
"Health care professional" means a person who is licensed | ||
as a physician, advanced practice registered nurse, or | ||
physician assistant. | ||
"Health of the patient" means all factors that are relevant | ||
to the patient's health and well-being, including, but not | ||
limited to, physical, emotional, psychological, and familial | ||
health and age. | ||
"Maternity care" means the health care provided in relation | ||
to pregnancy, labor and childbirth, and the postpartum period, | ||
and includes prenatal care, care during labor and birthing, and | ||
postpartum care extending through one-year postpartum. | ||
Maternity care shall, seek to optimize positive outcomes for | ||
the patient, and be provided on the basis of the physical and | ||
psychosocial needs of the patient. Notwithstanding any of the | ||
above, all care shall be subject to the informed and voluntary | ||
consent of the patient, or the patient's legal proxy, when the | ||
patient is unable to give consent. | ||
"Physician" means any person licensed to practice medicine | ||
in all its branches under the Medical Practice Act of 1987. | ||
"Physician assistant" has the same meaning as it does in | ||
Section 4 of the Physician Assistant Practice Act of 1987. | ||
"Pregnancy" means the human reproductive process, | ||
beginning with the implantation of an embryo. | ||
"Prevailing party" has the same meaning as in the Illinois |
Civil Rights Act of 2003. | ||
"Reproductive health care" means health care offered, | ||
arranged, or furnished for the purpose of preventing pregnancy, | ||
terminating a pregnancy, managing pregnancy loss, or improving | ||
maternal health and birth outcomes. Reproductive health care | ||
includes, but is not limited to: contraception; sterilization; | ||
preconception care; maternity care; abortion care; and | ||
counseling regarding reproductive health care. | ||
"State" includes any branch, department, agency, | ||
instrumentality, and official or other person acting under | ||
color of law of this State or a political subdivision of the | ||
State, including any unit of local government (including a home | ||
rule unit), school district, instrumentality, or public | ||
subdivision. | ||
Section 1-15. Fundamental reproductive health rights. | ||
(a) Every individual has a fundamental right to make | ||
autonomous decisions about the individual's own reproductive | ||
health, including the fundamental right to use or refuse | ||
reproductive health care. | ||
(b) Every individual who becomes pregnant has a fundamental | ||
right to continue the pregnancy and give birth or to have an | ||
abortion, and to make autonomous decisions about how to | ||
exercise that right. | ||
(c) A fertilized egg, embryo, or fetus does not have | ||
independent rights under the laws of this State. |
Section 1-20. Prohibited State actions; causes of action. | ||
(a)The State shall not: | ||
(1) deny, restrict, interfere with, or discriminate | ||
against an individual's exercise of the fundamental rights | ||
set forth in this Act, including individuals under State | ||
custody, control, or supervision; or | ||
(2) prosecute, punish, or otherwise deprive any | ||
individual of the individual's rights for any act or | ||
failure to act during the individual's own pregnancy, if | ||
the predominant basis for such prosecution, punishment, or | ||
deprivation of rights is the potential, actual, or | ||
perceived impact on the pregnancy or its outcomes or on the | ||
pregnant individual's own health. | ||
(b) Any party aggrieved by conduct or regulation in | ||
violation of this Act may bring a civil lawsuit, in a federal | ||
district court or State circuit court, against the offending | ||
unit of government. Any State claim brought in federal district | ||
court shall be a supplemental claim to a federal claim. | ||
(c) Upon motion, a court shall award reasonable attorney's | ||
fees and costs, including expert witness fees and other | ||
litigation expenses, to a plaintiff who is a prevailing party | ||
in any action brought pursuant to this Section. In awarding | ||
reasonable attorney's fees, the court shall consider the degree | ||
to which the relief obtained relates to the relief sought. |
Section 1-25. Reporting of abortions performed by health | ||
care professionals. | ||
(a) A health care professional may provide abortion care in | ||
accordance with the health care professional's professional | ||
judgment and training and based on accepted standards of | ||
clinical practice consistent with the scope of his or her | ||
practice under the Medical Practice Act of 1987, the Nurse | ||
Practice Act, or the Physician Assistant Practice Act of 1987. | ||
If the health care professional determines that there is fetal | ||
viability, the health care professional may provide abortion | ||
care only if, in the professional judgment of the health care | ||
professional, the abortion is necessary to protect the life or | ||
health of the patient. | ||
(b) A report of each abortion performed by a health care | ||
professional shall be made to the Department on forms | ||
prescribed by it. Such reports shall be transmitted to the | ||
Department not later than 10 days following the end of the | ||
month in which the abortion is performed. | ||
(c) The abortion reporting forms prescribed by the | ||
Department shall not request or require information that | ||
identifies a patient by name or any other identifying | ||
information, and the Department shall secure anonymity of all | ||
patients and health care professionals. | ||
(d) All reports received by the Department pursuant to this | ||
Section shall be treated as confidential and exempt from the | ||
Freedom of Information Act. Access to such reports shall be |
limited to authorized Department staff who shall use the | ||
reports for statistical purposes only. Such reports must be | ||
destroyed within 2 years after date of receipt. | ||
Section 1-30. Application. | ||
(a) This Act applies to all State laws, ordinances, | ||
policies, procedures, practices, and governmental actions and | ||
their implementation, whether statutory or otherwise and | ||
whether adopted before or after the effective date of this Act. | ||
(b) Nothing in this Act shall be construed to authorize the | ||
State to burden any individual's fundamental rights relating to | ||
reproductive health care. | ||
Section 1-35. Home rule powers limitation. A unit of local | ||
government may enact ordinances, standards, rules, or | ||
regulations that protect an individual's ability to freely | ||
exercise the fundamental rights set forth in this Act in a | ||
manner or to an extent equal to or greater than the protection | ||
provided in this Act. A unit of local government may not | ||
regulate an individual's ability to freely exercise the | ||
fundamental rights set forth in this Act in a manner more | ||
restrictive than that set forth in this Act. This Section is a | ||
limitation under subsection
(i) of Section 6 of Article VII of | ||
the Illinois Constitution
on the concurrent exercise by home | ||
rule units of powers and
functions exercised by the State. |
Section 1-97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Article 905. REPEALS | ||
(210 ILCS 5/6.1 rep.) | ||
Section 905-5. The Ambulatory Surgical Treatment Center | ||
Act is amended by repealing Section 6.1.
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(410 ILCS 70/9 rep.)
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Section 905-10. The Sexual Assault Survivors Emergency | ||
Treatment Act is amended by repealing Section 9.
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(720 ILCS 510/Act rep.)
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Section 905-15. The Illinois Abortion Law of 1975 is | ||
repealed.
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(720 ILCS 513/Act rep.)
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Section 905-20. The Partial-birth Abortion Ban Act is | ||
repealed.
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(735 ILCS 5/11-107.1 rep.)
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Section 905-25. The Code of Civil Procedure is amended by | ||
repealing Section 11-107.1.
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(745 ILCS 30/Act rep.)
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Section 905-30. The Abortion Performance Refusal Act is | ||
repealed. | ||
Article 910. AMENDMENTS | ||
Section 910-5. The State Employees Group Insurance Act of | ||
1971 is amended by changing Section 6.11 as follows:
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(5 ILCS 375/6.11)
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(Text of Section before amendment by P.A. 100-1170 ) | ||
Sec. 6.11. Required health benefits; Illinois Insurance | ||
Code
requirements. The program of health
benefits shall provide | ||
the post-mastectomy care benefits required to be covered
by a | ||
policy of accident and health insurance under Section 356t of | ||
the Illinois
Insurance Code. The program of health benefits | ||
shall provide the coverage
required under Sections 356g, | ||
356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, | ||
356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, | ||
356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and | ||
356z.26, and 356z.29 , and 356z.32 of the
Illinois Insurance | ||
Code.
The program of health benefits must comply with Sections | ||
155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the
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Illinois Insurance Code. The Department of Insurance shall | ||
enforce the requirements of this Section.
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Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance |
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; | ||
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. | ||
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised | ||
1-8-19.) | ||
(Text of Section after amendment by P.A. 100-1170 ) | ||
Sec. 6.11. Required health benefits; Illinois Insurance | ||
Code
requirements. The program of health
benefits shall provide | ||
the post-mastectomy care benefits required to be covered
by a | ||
policy of accident and health insurance under Section 356t of | ||
the Illinois
Insurance Code. The program of health benefits | ||
shall provide the coverage
required under Sections 356g, | ||
356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, | ||
356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, | ||
356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26, | ||
356z.29, and 356z.32 of the
Illinois Insurance Code.
The | ||
program of health benefits must comply with Sections 155.22a, | ||
155.37, 355b, 356z.19, 370c, and 370c.1 of the
Illinois | ||
Insurance Code. The Department of Insurance shall enforce the | ||
requirements of this Section with respect to Sections 370c and | ||
370c.1 of the Illinois Insurance Code; all other requirements | ||
of this Section shall be enforced by the Department of Central |
Management Services.
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Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17; | ||
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff. | ||
1-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; | ||
100-1170, eff. 6-1-19.) | ||
Section 910-10. The Children and Family Services Act is | ||
amended by changing Section 5 as follows:
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(20 ILCS 505/5) (from Ch. 23, par. 5005)
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Sec. 5. Direct child welfare services; Department of | ||
Children and Family
Services. To provide direct child welfare | ||
services when not available
through other public or private | ||
child care or program facilities.
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(a) For purposes of this Section:
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(1) "Children" means persons found within the State who | ||
are under the
age of 18 years. The term also includes | ||
persons under age 21 who:
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(A) were committed to the Department pursuant to | ||
the
Juvenile Court Act or the Juvenile Court Act of |
1987, as amended, prior to
the age of 18 and who | ||
continue under the jurisdiction of the court; or
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(B) were accepted for care, service and training by
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the Department prior to the age of 18 and whose best | ||
interest in the
discretion of the Department would be | ||
served by continuing that care,
service and training | ||
because of severe emotional disturbances, physical
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disability, social adjustment or any combination | ||
thereof, or because of the
need to complete an | ||
educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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State who are under the age of 19, are not in a safe and | ||
stable living
situation and cannot be reunited with their | ||
families.
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(3) "Child welfare services" means public social | ||
services which are
directed toward the accomplishment of | ||
the following purposes:
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(A) protecting and promoting the health, safety | ||
and welfare of
children,
including homeless, dependent | ||
or neglected children;
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(B) remedying, or assisting in the solution
of | ||
problems which may result in, the neglect, abuse, | ||
exploitation or
delinquency of children;
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(C) preventing the unnecessary separation of | ||
children
from their families by identifying family | ||
problems, assisting families in
resolving their |
problems, and preventing the breakup of the family
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where the prevention of child removal is desirable and | ||
possible when the
child can be cared for at home | ||
without endangering the child's health and
safety;
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(D) restoring to their families children who have | ||
been
removed, by the provision of services to the child | ||
and the families when the
child can be cared for at | ||
home without endangering the child's health and
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safety;
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(E) placing children in suitable adoptive homes, | ||
in
cases where restoration to the biological family is | ||
not safe, possible or
appropriate;
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(F) assuring safe and adequate care of children | ||
away from their
homes, in cases where the child cannot | ||
be returned home or cannot be placed
for adoption. At | ||
the time of placement, the Department shall consider
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concurrent planning,
as described in subsection (l-1) | ||
of this Section so that permanency may
occur at the | ||
earliest opportunity. Consideration should be given so | ||
that if
reunification fails or is delayed, the | ||
placement made is the best available
placement to | ||
provide permanency for the child;
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(G) (blank);
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(H) (blank); and
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(I) placing and maintaining children in facilities | ||
that provide
separate living quarters for children |
under the age of 18 and for children
18 years of age | ||
and older, unless a child 18 years of age is in the | ||
last
year of high school education or vocational | ||
training, in an approved
individual or group treatment | ||
program, in a licensed shelter facility,
or secure | ||
child care facility.
The Department is not required to | ||
place or maintain children:
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(i) who are in a foster home, or
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(ii) who are persons with a developmental | ||
disability, as defined in
the Mental
Health and | ||
Developmental Disabilities Code, or
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(iii) who are female children who are | ||
pregnant, pregnant and
parenting or parenting, or
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(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18
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years of age and older and for children under 18 | ||
years of age.
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(b) (Blank). Nothing in this Section shall be construed to | ||
authorize the
expenditure of public funds for the purpose of | ||
performing abortions.
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(c) The Department shall establish and maintain | ||
tax-supported child
welfare services and extend and seek to | ||
improve voluntary services
throughout the State, to the end | ||
that services and care shall be available
on an equal basis | ||
throughout the State to children requiring such services.
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(d) The Director may authorize advance disbursements for |
any new program
initiative to any agency contracting with the | ||
Department. As a
prerequisite for an advance disbursement, the | ||
contractor must post a
surety bond in the amount of the advance | ||
disbursement and have a
purchase of service contract approved | ||
by the Department. The Department
may pay up to 2 months | ||
operational expenses in advance. The amount of the
advance | ||
disbursement shall be prorated over the life of the contract
or | ||
the remaining months of the fiscal year, whichever is less, and | ||
the
installment amount shall then be deducted from future | ||
bills. Advance
disbursement authorizations for new initiatives | ||
shall not be made to any
agency after that agency has operated | ||
during 2 consecutive fiscal years.
The requirements of this | ||
Section concerning advance disbursements shall
not apply with | ||
respect to the following: payments to local public agencies
for | ||
child day care services as authorized by Section 5a of this | ||
Act; and
youth service programs receiving grant funds under | ||
Section 17a-4.
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(e) (Blank).
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(f) (Blank).
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(g) The Department shall establish rules and regulations | ||
concerning
its operation of programs designed to meet the goals | ||
of child safety and
protection,
family preservation, family | ||
reunification, and adoption, including but not
limited to:
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(1) adoption;
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(2) foster care;
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(3) family counseling;
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(4) protective services;
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(5) (blank);
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(6) homemaker service;
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(7) return of runaway children;
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(8) (blank);
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(9) placement under Section 5-7 of the Juvenile Court | ||
Act or
Section 2-27, 3-28, 4-25 , or 5-740 of the Juvenile | ||
Court Act of 1987 in
accordance with the federal Adoption | ||
Assistance and Child Welfare Act of
1980; and
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(10) interstate services.
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Rules and regulations established by the Department shall | ||
include
provisions for training Department staff and the staff | ||
of Department
grantees, through contracts with other agencies | ||
or resources, in screening techniques to identify substance use | ||
disorders, as defined in the Substance Use Disorder Act, | ||
approved by the Department of Human
Services, as a successor to | ||
the Department of Alcoholism and Substance Abuse,
for the | ||
purpose of identifying children and adults who
should be | ||
referred for an assessment at an organization appropriately | ||
licensed by the Department of Human Services for substance use | ||
disorder treatment.
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(h) If the Department finds that there is no appropriate | ||
program or
facility within or available to the Department for a | ||
youth in care and that no
licensed private facility has an | ||
adequate and appropriate program or none
agrees to accept the | ||
youth in care, the Department shall create an appropriate
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individualized, program-oriented plan for such youth in care. | ||
The
plan may be developed within the Department or through | ||
purchase of services
by the Department to the extent that it is | ||
within its statutory authority
to do.
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(i) Service programs shall be available throughout the | ||
State and shall
include but not be limited to the following | ||
services:
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(1) case management;
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(2) homemakers;
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(3) counseling;
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(4) parent education;
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(5) day care; and
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(6) emergency assistance and advocacy.
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In addition, the following services may be made available | ||
to assess and
meet the needs of children and families:
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(1) comprehensive family-based services;
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(2) assessments;
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(3) respite care; and
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(4) in-home health services.
| ||
The Department shall provide transportation for any of the | ||
services it
makes available to children or families or for | ||
which it refers children
or families.
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(j) The Department may provide categories of financial | ||
assistance and
education assistance grants, and shall
| ||
establish rules and regulations concerning the assistance and | ||
grants, to
persons who
adopt children with physical or mental |
disabilities, children who are older, or other hard-to-place
| ||
children who (i) immediately prior to their adoption were youth | ||
in care or (ii) were determined eligible for financial | ||
assistance with respect to a
prior adoption and who become | ||
available for adoption because the
prior adoption has been | ||
dissolved and the parental rights of the adoptive
parents have | ||
been
terminated or because the child's adoptive parents have | ||
died.
The Department may continue to provide financial | ||
assistance and education assistance grants for a child who was | ||
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the child's | ||
adoptive parents died and ending with the finalization of the | ||
new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial
assistance and education assistance grants, and
| ||
shall establish rules and regulations for the assistance and | ||
grants, to persons
appointed guardian of the person under | ||
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||
4-25 , or 5-740 of the Juvenile Court Act of 1987
for children | ||
who were youth in care for 12 months immediately
prior to the | ||
appointment of the guardian.
| ||
The amount of assistance may vary, depending upon the needs | ||
of the child
and the adoptive parents,
as set forth in the | ||
annual
assistance agreement. Special purpose grants are | ||
allowed where the child
requires special service but such costs | ||
may not exceed the amounts
which similar services would cost |
the Department if it were to provide or
secure them as guardian | ||
of the child.
| ||
Any financial assistance provided under this subsection is
| ||
inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any
other remedy for recovery or collection of | ||
a judgment or debt.
| ||
(j-5) The Department shall not deny or delay the placement | ||
of a child for
adoption
if an approved family is available | ||
either outside of the Department region
handling the case,
or | ||
outside of the State of Illinois.
| ||
(k) The Department shall accept for care and training any | ||
child who has
been adjudicated neglected or abused, or | ||
dependent committed to it pursuant
to the Juvenile Court Act or | ||
the Juvenile Court Act of 1987.
| ||
(l) The Department shall
offer family preservation | ||
services, as defined in Section 8.2 of the Abused
and
Neglected | ||
Child
Reporting Act, to help families, including adoptive and | ||
extended families.
Family preservation
services shall be | ||
offered (i) to prevent the
placement
of children in
substitute | ||
care when the children can be cared for at home or in the | ||
custody of
the person
responsible for the children's welfare,
| ||
(ii) to
reunite children with their families, or (iii) to
| ||
maintain an adoptive placement. Family preservation services | ||
shall only be
offered when doing so will not endanger the | ||
children's health or safety. With
respect to children who are | ||
in substitute care pursuant to the Juvenile Court
Act of 1987, |
family preservation services shall not be offered if a goal | ||
other
than those of subdivisions (A), (B), or (B-1) of | ||
subsection (2) of Section 2-28
of
that Act has been set, except | ||
that reunification services may be offered as provided in | ||
paragraph (F) of subsection (2) of Section 2-28 of that Act.
| ||
Nothing in this paragraph shall be construed to create a | ||
private right of
action or claim on the part of any individual | ||
or child welfare agency, except that when a child is the | ||
subject of an action under Article II of the Juvenile Court Act | ||
of 1987 and the child's service plan calls for services to | ||
facilitate achievement of the permanency goal, the court | ||
hearing the action under Article II of the Juvenile Court Act | ||
of 1987 may order the Department to provide the services set | ||
out in the plan, if those services are not provided with | ||
reasonable promptness and if those services are available.
| ||
The Department shall notify the child and his family of the
| ||
Department's
responsibility to offer and provide family | ||
preservation services as
identified in the service plan. The | ||
child and his family shall be eligible
for services as soon as | ||
the report is determined to be "indicated". The
Department may | ||
offer services to any child or family with respect to whom a
| ||
report of suspected child abuse or neglect has been filed, | ||
prior to
concluding its investigation under Section 7.12 of the | ||
Abused and Neglected
Child Reporting Act. However, the child's | ||
or family's willingness to
accept services shall not be | ||
considered in the investigation. The
Department may also |
provide services to any child or family who is the
subject of | ||
any report of suspected child abuse or neglect or may refer | ||
such
child or family to services available from other agencies | ||
in the community,
even if the report is determined to be | ||
unfounded, if the conditions in the
child's or family's home | ||
are reasonably likely to subject the child or
family to future | ||
reports of suspected child abuse or neglect. Acceptance
of such | ||
services shall be voluntary. The Department may also provide | ||
services to any child or family after completion of a family | ||
assessment, as an alternative to an investigation, as provided | ||
under the "differential response program" provided for in | ||
subsection (a-5) of Section 7.4 of the Abused and Neglected | ||
Child Reporting Act.
| ||
The Department may, at its discretion except for those | ||
children also
adjudicated neglected or dependent, accept for | ||
care and training any child
who has been adjudicated addicted, | ||
as a truant minor in need of
supervision or as a minor | ||
requiring authoritative intervention, under the
Juvenile Court | ||
Act or the Juvenile Court Act of 1987, but no such child
shall | ||
be committed to the Department by any court without the | ||
approval of
the Department. On and after January 1, 2015 (the | ||
effective date of Public Act 98-803) and before January 1, | ||
2017, a minor charged with a criminal offense under the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 or | ||
adjudicated delinquent shall not be placed in the custody of or
| ||
committed to the Department by any court, except (i) a minor |
less than 16 years
of age committed to the Department under | ||
Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||
for whom an independent basis of abuse, neglect, or dependency | ||
exists, which must be defined by departmental rule, or (iii) a | ||
minor for whom the court has granted a supplemental petition to | ||
reinstate wardship pursuant to subsection (2) of Section 2-33 | ||
of the Juvenile Court Act of 1987. On and after January 1, | ||
2017, a minor charged with a criminal offense under the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 or | ||
adjudicated delinquent shall not be placed in the custody of or
| ||
committed to the Department by any court, except (i) a minor | ||
less than 15 years
of age committed to the Department under | ||
Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||
for whom an independent basis of abuse, neglect, or dependency | ||
exists, which must be defined by departmental rule, or (iii) a | ||
minor for whom the court has granted a supplemental petition to | ||
reinstate wardship pursuant to subsection (2) of Section 2-33 | ||
of the Juvenile Court Act of 1987. An independent basis exists | ||
when the allegations or adjudication of abuse, neglect, or | ||
dependency do not arise from the same facts, incident, or | ||
circumstances which give rise to a charge or adjudication of | ||
delinquency. The Department shall
assign a caseworker to attend | ||
any hearing involving a youth in
the care and custody of the | ||
Department who is placed on aftercare release, including | ||
hearings
involving sanctions for violation of aftercare | ||
release
conditions and aftercare release revocation hearings.
|
As soon as is possible after August 7, 2009 (the effective | ||
date of Public Act 96-134), the Department shall develop and | ||
implement a special program of family preservation services to | ||
support intact, foster, and adoptive families who are | ||
experiencing extreme hardships due to the difficulty and stress | ||
of caring for a child who has been diagnosed with a pervasive | ||
developmental disorder if the Department determines that those | ||
services are necessary to ensure the health and safety of the | ||
child. The Department may offer services to any family whether | ||
or not a report has been filed under the Abused and Neglected | ||
Child Reporting Act. The Department may refer the child or | ||
family to services available from other agencies in the | ||
community if the conditions in the child's or family's home are | ||
reasonably likely to subject the child or family to future | ||
reports of suspected child abuse or neglect. Acceptance of | ||
these services shall be voluntary. The Department shall develop | ||
and implement a public information campaign to alert health and | ||
social service providers and the general public about these | ||
special family preservation services. The nature and scope of | ||
the services offered and the number of families served under | ||
the special program implemented under this paragraph shall be | ||
determined by the level of funding that the Department annually | ||
allocates for this purpose. The term "pervasive developmental | ||
disorder" under this paragraph means a neurological condition, | ||
including but not limited to, Asperger's Syndrome and autism, | ||
as defined in the most recent edition of the Diagnostic and |
Statistical Manual of Mental Disorders of the American | ||
Psychiatric Association. | ||
(l-1) The legislature recognizes that the best interests of | ||
the child
require that
the child be placed in the most | ||
permanent living arrangement as soon as is
practically
| ||
possible. To achieve this goal, the legislature directs the | ||
Department of
Children and
Family Services to conduct | ||
concurrent planning so that permanency may occur at
the
| ||
earliest opportunity. Permanent living arrangements may | ||
include prevention of
placement of a child outside the home of | ||
the family when the child can be cared
for at
home without | ||
endangering the child's health or safety; reunification with | ||
the
family,
when safe and appropriate, if temporary placement | ||
is necessary; or movement of
the child
toward the most | ||
permanent living arrangement and permanent legal status.
| ||
When determining reasonable efforts to be made with respect | ||
to a child, as
described in this
subsection, and in making such | ||
reasonable efforts, the child's health and
safety shall be the
| ||
paramount concern.
| ||
When a child is placed in foster care, the Department shall | ||
ensure and
document that reasonable efforts were made to | ||
prevent or eliminate the need to
remove the child from the | ||
child's home. The Department must make
reasonable efforts to | ||
reunify the family when temporary placement of the child
occurs
| ||
unless otherwise required, pursuant to the Juvenile Court Act | ||
of 1987.
At any time after the dispositional hearing where the |
Department believes
that further reunification services would | ||
be ineffective, it may request a
finding from the court that | ||
reasonable efforts are no longer appropriate. The
Department is | ||
not required to provide further reunification services after | ||
such
a
finding.
| ||
A decision to place a child in substitute care shall be | ||
made with
considerations of the child's health, safety, and | ||
best interests. At the
time of placement, consideration should | ||
also be given so that if reunification
fails or is delayed, the | ||
placement made is the best available placement to
provide | ||
permanency for the child.
| ||
The Department shall adopt rules addressing concurrent | ||
planning for
reunification and permanency. The Department | ||
shall consider the following
factors when determining | ||
appropriateness of concurrent planning:
| ||
(1) the likelihood of prompt reunification;
| ||
(2) the past history of the family;
| ||
(3) the barriers to reunification being addressed by | ||
the family;
| ||
(4) the level of cooperation of the family;
| ||
(5) the foster parents' willingness to work with the | ||
family to reunite;
| ||
(6) the willingness and ability of the foster family to | ||
provide an
adoptive
home or long-term placement;
| ||
(7) the age of the child;
| ||
(8) placement of siblings.
|
(m) The Department may assume temporary custody of any | ||
child if:
| ||
(1) it has received a written consent to such temporary | ||
custody
signed by the parents of the child or by the parent | ||
having custody of the
child if the parents are not living | ||
together or by the guardian or
custodian of the child if | ||
the child is not in the custody of either
parent, or
| ||
(2) the child is found in the State and neither a | ||
parent,
guardian nor custodian of the child can be located.
| ||
If the child is found in his or her residence without a parent, | ||
guardian,
custodian or responsible caretaker, the Department | ||
may, instead of removing
the child and assuming temporary | ||
custody, place an authorized
representative of the Department | ||
in that residence until such time as a
parent, guardian or | ||
custodian enters the home and expresses a willingness
and | ||
apparent ability to ensure the child's health and safety and | ||
resume
permanent
charge of the child, or until a
relative | ||
enters the home and is willing and able to ensure the child's | ||
health
and
safety and assume charge of the
child until a | ||
parent, guardian or custodian enters the home and expresses
| ||
such willingness and ability to ensure the child's safety and | ||
resume
permanent charge. After a caretaker has remained in the | ||
home for a period not
to exceed 12 hours, the Department must | ||
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||
5-415 of the Juvenile Court Act
of 1987.
| ||
The Department shall have the authority, responsibilities |
and duties that
a legal custodian of the child would have | ||
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||
Act of 1987. Whenever a child is taken
into temporary custody | ||
pursuant to an investigation under the Abused and
Neglected | ||
Child Reporting Act, or pursuant to a referral and acceptance
| ||
under the Juvenile Court Act of 1987 of a minor in limited | ||
custody, the
Department, during the period of temporary custody | ||
and before the child
is brought before a judicial officer as | ||
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||
Court Act of 1987, shall have
the authority, responsibilities | ||
and duties that a legal custodian of the child
would have under | ||
subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||
1987.
| ||
The Department shall ensure that any child taken into | ||
custody
is scheduled for an appointment for a medical | ||
examination.
| ||
A parent, guardian or custodian of a child in the temporary | ||
custody of the
Department who would have custody of the child | ||
if he were not in the
temporary custody of the Department may | ||
deliver to the Department a signed
request that the Department | ||
surrender the temporary custody of the child.
The Department | ||
may retain temporary custody of the child for 10 days after
the | ||
receipt of the request, during which period the Department may | ||
cause to
be filed a petition pursuant to the Juvenile Court Act | ||
of 1987. If a
petition is so filed, the Department shall retain | ||
temporary custody of the
child until the court orders |
otherwise. If a petition is not filed within
the 10-day period, | ||
the child shall be surrendered to the custody of the
requesting | ||
parent, guardian or custodian not later than the expiration of
| ||
the 10-day period, at which time the authority and duties of | ||
the Department
with respect to the temporary custody of the | ||
child shall terminate.
| ||
(m-1) The Department may place children under 18 years of | ||
age in a secure
child care facility licensed by the Department | ||
that cares for children who are
in need of secure living | ||
arrangements for their health, safety, and well-being
after a | ||
determination is made by the facility director and the Director | ||
or the
Director's designate prior to admission to the facility | ||
subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||
This subsection (m-1) does not apply
to a child who is subject | ||
to placement in a correctional facility operated
pursuant to | ||
Section 3-15-2 of the Unified Code of Corrections, unless the
| ||
child is a youth in care who was placed in the care of the | ||
Department before being
subject to placement in a correctional | ||
facility and a court of competent
jurisdiction has ordered | ||
placement of the child in a secure care facility.
| ||
(n) The Department may place children under 18 years of age | ||
in
licensed child care facilities when in the opinion of the | ||
Department,
appropriate services aimed at family preservation | ||
have been unsuccessful and
cannot ensure the child's health and | ||
safety or are unavailable and such
placement would be for their | ||
best interest. Payment
for board, clothing, care, training and |
supervision of any child placed in
a licensed child care | ||
facility may be made by the Department, by the
parents or | ||
guardians of the estates of those children, or by both the
| ||
Department and the parents or guardians, except that no | ||
payments shall be
made by the Department for any child placed | ||
in a licensed child care
facility for board, clothing, care, | ||
training and supervision of such a
child that exceed the | ||
average per capita cost of maintaining and of caring
for a | ||
child in institutions for dependent or neglected children | ||
operated by
the Department. However, such restriction on | ||
payments does not apply in
cases where children require | ||
specialized care and treatment for problems of
severe emotional | ||
disturbance, physical disability, social adjustment, or
any | ||
combination thereof and suitable facilities for the placement | ||
of such
children are not available at payment rates within the | ||
limitations set
forth in this Section. All reimbursements for | ||
services delivered shall be
absolutely inalienable by | ||
assignment, sale, attachment, garnishment or
otherwise.
| ||
(n-1) The Department shall provide or authorize child | ||
welfare services, aimed at assisting minors to achieve | ||
sustainable self-sufficiency as independent adults, for any | ||
minor eligible for the reinstatement of wardship pursuant to | ||
subsection (2) of Section 2-33 of the Juvenile Court Act of | ||
1987, whether or not such reinstatement is sought or allowed, | ||
provided that the minor consents to such services and has not | ||
yet attained the age of 21. The Department shall have |
responsibility for the development and delivery of services | ||
under this Section. An eligible youth may access services under | ||
this Section through the Department of Children and Family | ||
Services or by referral from the Department of Human Services. | ||
Youth participating in services under this Section shall | ||
cooperate with the assigned case manager in developing an | ||
agreement identifying the services to be provided and how the | ||
youth will increase skills to achieve self-sufficiency. A | ||
homeless shelter is not considered appropriate housing for any | ||
youth receiving child welfare services under this Section. The | ||
Department shall continue child welfare services under this | ||
Section to any eligible minor until the minor becomes 21 years | ||
of age, no longer consents to participate, or achieves | ||
self-sufficiency as identified in the minor's service plan. The | ||
Department of Children and Family Services shall create clear, | ||
readable notice of the rights of former foster youth to child | ||
welfare services under this Section and how such services may | ||
be obtained. The Department of Children and Family Services and | ||
the Department of Human Services shall disseminate this | ||
information statewide. The Department shall adopt regulations | ||
describing services intended to assist minors in achieving | ||
sustainable self-sufficiency as independent adults. | ||
(o) The Department shall establish an administrative | ||
review and appeal
process for children and families who request | ||
or receive child welfare
services from the Department. Youth in | ||
care who are placed by private child welfare agencies, and |
foster families with whom
those youth are placed, shall be | ||
afforded the same procedural and appeal
rights as children and | ||
families in the case of placement by the Department,
including | ||
the right to an initial review of a private agency decision by
| ||
that agency. The Department shall ensure that any private child | ||
welfare
agency, which accepts youth in care for placement, | ||
affords those
rights to children and foster families. The | ||
Department shall accept for
administrative review and an appeal | ||
hearing a complaint made by (i) a child
or foster family | ||
concerning a decision following an initial review by a
private | ||
child welfare agency or (ii) a prospective adoptive parent who | ||
alleges
a violation of subsection (j-5) of this Section. An | ||
appeal of a decision
concerning a change in the placement of a | ||
child shall be conducted in an
expedited manner. A court | ||
determination that a current foster home placement is necessary | ||
and appropriate under Section 2-28 of the Juvenile Court Act of | ||
1987 does not constitute a judicial determination on the merits | ||
of an administrative appeal, filed by a former foster parent, | ||
involving a change of placement decision.
| ||
(p) (Blank).
| ||
(q) The Department may receive and use, in their entirety, | ||
for the
benefit of children any gift, donation or bequest of | ||
money or other
property which is received on behalf of such | ||
children, or any financial
benefits to which such children are | ||
or may become entitled while under
the jurisdiction or care of | ||
the Department.
|
The Department shall set up and administer no-cost, | ||
interest-bearing accounts in appropriate financial | ||
institutions
for children for whom the Department is legally | ||
responsible and who have been
determined eligible for Veterans' | ||
Benefits, Social Security benefits,
assistance allotments from | ||
the armed forces, court ordered payments, parental
voluntary | ||
payments, Supplemental Security Income, Railroad Retirement
| ||
payments, Black Lung benefits, or other miscellaneous | ||
payments. Interest
earned by each account shall be credited to | ||
the account, unless
disbursed in accordance with this | ||
subsection.
| ||
In disbursing funds from children's accounts, the | ||
Department
shall:
| ||
(1) Establish standards in accordance with State and | ||
federal laws for
disbursing money from children's | ||
accounts. In all
circumstances,
the Department's | ||
"Guardianship Administrator" or his or her designee must
| ||
approve disbursements from children's accounts. The | ||
Department
shall be responsible for keeping complete | ||
records of all disbursements for each account for any | ||
purpose.
| ||
(2) Calculate on a monthly basis the amounts paid from | ||
State funds for the
child's board and care, medical care | ||
not covered under Medicaid, and social
services; and | ||
utilize funds from the child's account, as
covered by | ||
regulation, to reimburse those costs. Monthly, |
disbursements from
all children's accounts, up to 1/12 of | ||
$13,000,000, shall be
deposited by the Department into the | ||
General Revenue Fund and the balance over
1/12 of | ||
$13,000,000 into the DCFS Children's Services Fund.
| ||
(3) Maintain any balance remaining after reimbursing | ||
for the child's costs
of care, as specified in item (2). | ||
The balance shall accumulate in accordance
with relevant | ||
State and federal laws and shall be disbursed to the child | ||
or his
or her guardian, or to the issuing agency.
| ||
(r) The Department shall promulgate regulations | ||
encouraging all adoption
agencies to voluntarily forward to the | ||
Department or its agent names and
addresses of all persons who | ||
have applied for and have been approved for
adoption of a | ||
hard-to-place child or child with a disability and the names of | ||
such
children who have not been placed for adoption. A list of | ||
such names and
addresses shall be maintained by the Department | ||
or its agent, and coded
lists which maintain the | ||
confidentiality of the person seeking to adopt the
child and of | ||
the child shall be made available, without charge, to every
| ||
adoption agency in the State to assist the agencies in placing | ||
such
children for adoption. The Department may delegate to an | ||
agent its duty to
maintain and make available such lists. The | ||
Department shall ensure that
such agent maintains the | ||
confidentiality of the person seeking to adopt the
child and of | ||
the child.
| ||
(s) The Department of Children and Family Services may |
establish and
implement a program to reimburse Department and | ||
private child welfare
agency foster parents licensed by the | ||
Department of Children and Family
Services for damages | ||
sustained by the foster parents as a result of the
malicious or | ||
negligent acts of foster children, as well as providing third
| ||
party coverage for such foster parents with regard to actions | ||
of foster
children to other individuals. Such coverage will be | ||
secondary to the
foster parent liability insurance policy, if | ||
applicable. The program shall
be funded through appropriations | ||
from the General Revenue Fund,
specifically designated for such | ||
purposes.
| ||
(t) The Department shall perform home studies and | ||
investigations and
shall exercise supervision over visitation | ||
as ordered by a court pursuant
to the Illinois Marriage and | ||
Dissolution of Marriage Act or the Adoption
Act only if:
| ||
(1) an order entered by an Illinois court specifically
| ||
directs the Department to perform such services; and
| ||
(2) the court has ordered one or both of the parties to
| ||
the proceeding to reimburse the Department for its | ||
reasonable costs for
providing such services in accordance | ||
with Department rules, or has
determined that neither party | ||
is financially able to pay.
| ||
The Department shall provide written notification to the | ||
court of the
specific arrangements for supervised visitation | ||
and projected monthly costs
within 60 days of the court order. | ||
The Department shall send to the court
information related to |
the costs incurred except in cases where the court
has | ||
determined the parties are financially unable to pay. The court | ||
may
order additional periodic reports as appropriate.
| ||
(u) In addition to other information that must be provided, | ||
whenever the Department places a child with a prospective | ||
adoptive parent or parents or in a licensed foster home,
group | ||
home, child care institution, or in a relative home, the | ||
Department
shall provide to the prospective adoptive parent or | ||
parents or other caretaker:
| ||
(1) available detailed information concerning the | ||
child's educational
and health history, copies of | ||
immunization records (including insurance
and medical card | ||
information), a history of the child's previous | ||
placements,
if any, and reasons for placement changes | ||
excluding any information that
identifies or reveals the | ||
location of any previous caretaker;
| ||
(2) a copy of the child's portion of the client service | ||
plan, including
any visitation arrangement, and all | ||
amendments or revisions to it as
related to the child; and
| ||
(3) information containing details of the child's | ||
individualized
educational plan when the child is | ||
receiving special education services.
| ||
The caretaker shall be informed of any known social or | ||
behavioral
information (including, but not limited to, | ||
criminal background, fire
setting, perpetuation of
sexual | ||
abuse, destructive behavior, and substance abuse) necessary to |
care
for and safeguard the children to be placed or currently | ||
in the home. The Department may prepare a written summary of | ||
the information required by this paragraph, which may be | ||
provided to the foster or prospective adoptive parent in | ||
advance of a placement. The foster or prospective adoptive | ||
parent may review the supporting documents in the child's file | ||
in the presence of casework staff. In the case of an emergency | ||
placement, casework staff shall at least provide known | ||
information verbally, if necessary, and must subsequently | ||
provide the information in writing as required by this | ||
subsection.
| ||
The information described in this subsection shall be | ||
provided in writing. In the case of emergency placements when | ||
time does not allow prior review, preparation, and collection | ||
of written information, the Department shall provide such | ||
information as it becomes available. Within 10 business days | ||
after placement, the Department shall obtain from the | ||
prospective adoptive parent or parents or other caretaker a | ||
signed verification of receipt of the information provided. | ||
Within 10 business days after placement, the Department shall | ||
provide to the child's guardian ad litem a copy of the | ||
information provided to the prospective adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective adoptive parent or parents or other caretaker shall | ||
be reviewed and approved regarding accuracy at the supervisory | ||
level.
|
(u-5) Effective July 1, 1995, only foster care placements | ||
licensed as
foster family homes pursuant to the Child Care Act | ||
of 1969 shall be eligible to
receive foster care payments from | ||
the Department.
Relative caregivers who, as of July 1, 1995, | ||
were approved pursuant to approved
relative placement rules | ||
previously promulgated by the Department at 89 Ill.
Adm. Code | ||
335 and had submitted an application for licensure as a foster | ||
family
home may continue to receive foster care payments only | ||
until the Department
determines that they may be licensed as a | ||
foster family home or that their
application for licensure is | ||
denied or until September 30, 1995, whichever
occurs first.
| ||
(v) The Department shall access criminal history record | ||
information
as defined in the Illinois Uniform Conviction | ||
Information Act and information
maintained in the adjudicatory | ||
and dispositional record system as defined in
Section 2605-355 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||
if the Department determines the information is necessary to | ||
perform its duties
under the Abused and Neglected Child | ||
Reporting Act, the Child Care Act of 1969,
and the Children and | ||
Family Services Act. The Department shall provide for
| ||
interactive computerized communication and processing | ||
equipment that permits
direct on-line communication with the | ||
Department of State Police's central
criminal history data | ||
repository. The Department shall comply with all
certification | ||
requirements and provide certified operators who have been
| ||
trained by personnel from the Department of State Police. In |
addition, one
Office of the Inspector General investigator | ||
shall have training in the use of
the criminal history | ||
information access system and have
access to the terminal. The | ||
Department of Children and Family Services and its
employees | ||
shall abide by rules and regulations established by the | ||
Department of
State Police relating to the access and | ||
dissemination of
this information.
| ||
(v-1) Prior to final approval for placement of a child, the | ||
Department shall conduct a criminal records background check of | ||
the prospective foster or adoptive parent, including | ||
fingerprint-based checks of national crime information | ||
databases. Final approval for placement shall not be granted if | ||
the record check reveals a felony conviction for child abuse or | ||
neglect, for spousal abuse, for a crime against children, or | ||
for a crime involving violence, including rape, sexual assault, | ||
or homicide, but not including other physical assault or | ||
battery, or if there is a felony conviction for physical | ||
assault, battery, or a drug-related offense committed within | ||
the past 5 years. | ||
(v-2) Prior to final approval for placement of a child, the | ||
Department shall check its child abuse and neglect registry for | ||
information concerning prospective foster and adoptive | ||
parents, and any adult living in the home. If any prospective | ||
foster or adoptive parent or other adult living in the home has | ||
resided in another state in the preceding 5 years, the | ||
Department shall request a check of that other state's child |
abuse and neglect registry.
| ||
(w) Within 120 days of August 20, 1995 (the effective date | ||
of Public Act
89-392), the Department shall prepare and submit | ||
to the Governor and the
General Assembly, a written plan for | ||
the development of in-state licensed
secure child care | ||
facilities that care for children who are in need of secure
| ||
living
arrangements for their health, safety, and well-being. | ||
For purposes of this
subsection, secure care facility shall | ||
mean a facility that is designed and
operated to ensure that | ||
all entrances and exits from the facility, a building
or a | ||
distinct part of the building, are under the exclusive control | ||
of the
staff of the facility, whether or not the child has the | ||
freedom of movement
within the perimeter of the facility, | ||
building, or distinct part of the
building. The plan shall | ||
include descriptions of the types of facilities that
are needed | ||
in Illinois; the cost of developing these secure care | ||
facilities;
the estimated number of placements; the potential | ||
cost savings resulting from
the movement of children currently | ||
out-of-state who are projected to be
returned to Illinois; the | ||
necessary geographic distribution of these
facilities in | ||
Illinois; and a proposed timetable for development of such
| ||
facilities. | ||
(x) The Department shall conduct annual credit history | ||
checks to determine the financial history of children placed | ||
under its guardianship pursuant to the Juvenile Court Act of | ||
1987. The Department shall conduct such credit checks starting |
when a youth in care turns 12 years old and each year | ||
thereafter for the duration of the guardianship as terminated | ||
pursuant to the Juvenile Court Act of 1987. The Department | ||
shall determine if financial exploitation of the child's | ||
personal information has occurred. If financial exploitation | ||
appears to have taken place or is presently ongoing, the | ||
Department shall notify the proper law enforcement agency, the | ||
proper State's Attorney, or the Attorney General. | ||
(y) Beginning on July 22, 2010 (the effective date of | ||
Public Act 96-1189), a child with a disability who receives | ||
residential and educational services from the Department shall | ||
be eligible to receive transition services in accordance with | ||
Article 14 of the School Code from the age of 14.5 through age | ||
21, inclusive, notwithstanding the child's residential | ||
services arrangement. For purposes of this subsection, "child | ||
with a disability" means a child with a disability as defined | ||
by the federal Individuals with Disabilities Education | ||
Improvement Act of 2004. | ||
(z) The Department shall access criminal history record | ||
information as defined as "background information" in this | ||
subsection and criminal history record information as defined | ||
in the Illinois Uniform Conviction Information Act for each | ||
Department employee or Department applicant. Each Department | ||
employee or Department applicant shall submit his or her | ||
fingerprints to the Department of State Police in the form and | ||
manner prescribed by the Department of State Police. These |
fingerprints shall be checked against the fingerprint records | ||
now and hereafter filed in the Department of State Police and | ||
the Federal Bureau of Investigation criminal history records | ||
databases. The Department of State Police shall charge a fee | ||
for conducting the criminal history record check, which shall | ||
be deposited into the State Police Services Fund and shall not | ||
exceed the actual cost of the record check. The Department of | ||
State Police shall furnish, pursuant to positive | ||
identification, all Illinois conviction information to the | ||
Department of Children and Family Services. | ||
For purposes of this subsection: | ||
"Background information" means all of the following: | ||
(i) Upon the request of the Department of Children and | ||
Family Services, conviction information obtained from the | ||
Department of State Police as a result of a | ||
fingerprint-based criminal history records check of the | ||
Illinois criminal history records database and the Federal | ||
Bureau of Investigation criminal history records database | ||
concerning a Department employee or Department applicant. | ||
(ii) Information obtained by the Department of | ||
Children and Family Services after performing a check of | ||
the Department of State Police's Sex Offender Database, as | ||
authorized by Section 120 of the Sex Offender Community | ||
Notification Law, concerning a Department employee or | ||
Department applicant. | ||
(iii) Information obtained by the Department of |
Children and Family Services after performing a check of | ||
the Child Abuse and Neglect Tracking System (CANTS) | ||
operated and maintained by the Department. | ||
"Department employee" means a full-time or temporary | ||
employee coded or certified within the State of Illinois | ||
Personnel System. | ||
"Department applicant" means an individual who has | ||
conditional Department full-time or part-time work, a | ||
contractor, an individual used to replace or supplement staff, | ||
an academic intern, a volunteer in Department offices or on | ||
Department contracts, a work-study student, an individual or | ||
entity licensed by the Department, or an unlicensed service | ||
provider who works as a condition of a contract or an agreement | ||
and whose work may bring the unlicensed service provider into | ||
contact with Department clients or client records. | ||
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; | ||
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff. | ||
1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised | ||
10-3-18.) | ||
Section 910-15. The Freedom of Information Act is amended | ||
by changing Section 7.5 as follows: | ||
(5 ILCS 140/7.5) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be exempt |
from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. |
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from |
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law ) . | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day and | ||
temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) (ll) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) (ll) Information that is exempt from disclosure | ||
under Section 70 of the Higher Education Student Assistance |
Act. | ||
(oo) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||
10-12-18.) | ||
Section 910-20. The Counties Code is amended by changing | ||
Section 3-3013 as follows:
| ||
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
| ||
Sec. 3-3013. Preliminary investigations; blood and urine | ||
analysis;
summoning jury; reports. Every coroner, whenever, as | ||
soon as he knows or is
informed that the dead body of any | ||
person is found, or lying within his
county, whose death is | ||
suspected of being:
| ||
(a) A sudden or violent death, whether apparently | ||
suicidal,
homicidal or accidental, including but not | ||
limited to deaths apparently
caused or contributed to by | ||
thermal, traumatic, chemical, electrical or
radiational |
injury, or a complication of any of them, or by drowning or
| ||
suffocation, or as a result of domestic violence as defined | ||
in the Illinois
Domestic
Violence Act of 1986;
| ||
(b) A maternal or fetal death due to abortion, or any | ||
death due to a
sex crime or a crime against nature ;
| ||
(c) A death where the circumstances are suspicious, | ||
obscure,
mysterious or otherwise unexplained or where, in | ||
the written opinion of
the attending physician, the cause | ||
of death is not determined;
| ||
(d) A death where addiction to alcohol or to any drug | ||
may have been
a contributory cause; or
| ||
(e) A death where the decedent was not attended by a | ||
licensed
physician;
| ||
shall go to the place where the dead body is, and take charge | ||
of the
same and shall make a preliminary investigation into the | ||
circumstances
of the death. In the case of death without | ||
attendance by a licensed
physician the body may be moved with | ||
the coroner's consent from the
place of death to a mortuary in | ||
the same county. Coroners in their
discretion shall notify such | ||
physician as is designated in accordance
with Section 3-3014 to | ||
attempt to ascertain the cause of death, either by
autopsy or | ||
otherwise.
| ||
In cases of accidental death involving a motor vehicle in | ||
which the
decedent was (1) the operator or a suspected operator | ||
of a motor
vehicle, or (2) a pedestrian 16 years of age or | ||
older, the coroner shall
require that a blood specimen of at |
least 30 cc., and if medically
possible a urine specimen of at | ||
least 30 cc. or as much as possible up
to 30 cc., be withdrawn | ||
from the body of the decedent in a timely fashion after
the | ||
accident causing his death, by such physician as has been | ||
designated
in accordance with Section 3-3014, or by the coroner | ||
or deputy coroner or
a qualified person designated by such | ||
physician, coroner, or deputy coroner. If the county
does not | ||
maintain laboratory facilities for making such analysis, the
| ||
blood and urine so drawn shall be sent to the Department of | ||
State Police or any other accredited or State-certified | ||
laboratory
for analysis of the alcohol, carbon monoxide, and | ||
dangerous or
narcotic drug content of such blood and urine | ||
specimens. Each specimen
submitted shall be accompanied by | ||
pertinent information concerning the
decedent upon a form | ||
prescribed by such laboratory. Any
person drawing blood and | ||
urine and any person making any examination of
the blood and | ||
urine under the terms of this Division shall be immune from all
| ||
liability, civil or criminal, that might otherwise be incurred | ||
or
imposed.
| ||
In all other cases coming within the jurisdiction of the | ||
coroner and
referred to in subparagraphs (a) through (e) above, | ||
blood, and whenever
possible, urine samples shall be analyzed | ||
for the presence of alcohol
and other drugs. When the coroner | ||
suspects that drugs may have been
involved in the death, either | ||
directly or indirectly, a toxicological
examination shall be | ||
performed which may include analyses of blood, urine,
bile, |
gastric contents and other tissues. When the coroner suspects
a | ||
death is due to toxic substances, other than drugs, the coroner | ||
shall
consult with the toxicologist prior to collection of | ||
samples. Information
submitted to the toxicologist shall | ||
include information as to height,
weight, age, sex and race of | ||
the decedent as well as medical history,
medications used by | ||
and the manner of death of decedent.
| ||
When the coroner or medical examiner finds that the cause | ||
of death is due to homicidal means, the coroner or medical | ||
examiner shall cause blood and buccal specimens (tissue may be | ||
submitted if no uncontaminated blood or buccal specimen can be | ||
obtained), whenever possible, to be withdrawn from the body of | ||
the decedent in a timely fashion. For proper preservation of | ||
the specimens, collected blood and buccal specimens shall be | ||
dried and tissue specimens shall be frozen if available | ||
equipment exists. As soon as possible, but no later than 30 | ||
days after the collection of the specimens, the coroner or | ||
medical examiner shall release those specimens to the police | ||
agency responsible for investigating the death. As soon as | ||
possible, but no later than 30 days after the receipt from the | ||
coroner or medical examiner, the police agency shall submit the | ||
specimens using the agency case number to a National DNA Index | ||
System (NDIS) participating laboratory within this State, such | ||
as the Illinois Department of State Police, Division of | ||
Forensic Services, for analysis and categorizing into genetic | ||
marker groupings. The results of the analysis and categorizing |
into genetic marker groupings shall be provided to the Illinois | ||
Department of State Police and shall be maintained by the | ||
Illinois Department of State Police in the State central | ||
repository in the same manner, and subject to the same | ||
conditions, as provided in Section 5-4-3 of the Unified Code of | ||
Corrections. The requirements of this paragraph are in addition | ||
to any other findings, specimens, or information that the | ||
coroner or medical examiner is required to provide during the | ||
conduct of a criminal investigation.
| ||
In all counties, in cases of apparent
suicide, homicide, or | ||
accidental death or in other cases, within the
discretion of | ||
the coroner, the coroner may summon 8 persons of lawful age
| ||
from those persons drawn for petit jurors in the county. The | ||
summons shall
command these persons to present themselves | ||
personally at such a place and
time as the coroner shall | ||
determine, and may be in any form which the
coroner shall | ||
determine and may incorporate any reasonable form of request
| ||
for acknowledgement which the coroner deems practical and | ||
provides a
reliable proof of service. The summons may be served | ||
by first class mail.
From the 8 persons so summoned, the | ||
coroner shall select 6 to serve as the
jury for the inquest. | ||
Inquests may be continued from time
to time, as the coroner may | ||
deem necessary. The 6 jurors selected in
a given case may view | ||
the body of the deceased.
If at any continuation of an inquest | ||
one or more of the original jurors
shall be unable to continue | ||
to serve, the coroner shall fill the vacancy or
vacancies. A |
juror serving pursuant to this paragraph shall receive
| ||
compensation from the county at the same rate as the rate of | ||
compensation
that is paid to petit or grand jurors in the | ||
county. The coroner shall
furnish to each juror without fee at | ||
the time of his discharge a
certificate of the number of days | ||
in attendance at an inquest, and, upon
being presented with | ||
such certificate, the county treasurer shall pay to
the juror | ||
the sum provided for his services.
| ||
In counties which have a jury commission, in cases of | ||
apparent suicide or
homicide or of accidental death, the | ||
coroner may conduct an inquest. The jury commission shall | ||
provide
at least 8 jurors to the coroner, from whom the coroner | ||
shall select any 6
to serve as the jury for the inquest. | ||
Inquests may be continued from time
to time as the coroner may | ||
deem necessary. The 6 jurors originally chosen
in a given case | ||
may view the body of the deceased. If at any continuation
of an | ||
inquest one or more of the 6 jurors originally chosen shall be | ||
unable
to continue to serve, the coroner shall fill the vacancy | ||
or vacancies. At
the coroner's discretion, additional jurors to | ||
fill such vacancies shall be
supplied by the jury commission. A | ||
juror serving pursuant to this
paragraph in such county shall | ||
receive compensation from the county at the
same rate as the | ||
rate of compensation that is paid to petit or grand jurors
in | ||
the county.
| ||
In every case in which a fire is determined to be
a
| ||
contributing factor in a death, the coroner shall report the |
death to the
Office of the State Fire Marshal. The coroner | ||
shall provide a copy of the death certificate (i) within 30 | ||
days after filing the permanent death certificate and (ii) in a | ||
manner that is agreed upon by the coroner and the State Fire | ||
Marshal. | ||
In every case in which a drug overdose is determined to be | ||
the cause or a contributing factor in the death, the coroner or | ||
medical examiner shall report the death to the Department of | ||
Public Health. The Department of Public Health shall adopt | ||
rules regarding specific information that must be reported in | ||
the event of such a death. If possible, the coroner shall | ||
report the cause of the overdose. As used in this Section, | ||
"overdose" has the same meaning as it does in Section 414 of | ||
the Illinois Controlled Substances Act. The Department of | ||
Public Health shall issue a semiannual report to the General | ||
Assembly summarizing the reports received. The Department | ||
shall also provide on its website a monthly report of overdose | ||
death figures organized by location, age, and any other | ||
factors, the Department deems appropriate. | ||
In addition, in every case in which domestic violence is | ||
determined to be
a
contributing factor in a death, the coroner | ||
shall report the death to the
Department of State Police.
| ||
All deaths in State institutions and all deaths of wards of | ||
the State or youth in care as defined in Section 4d of the | ||
Children and Family Services Act in
private care facilities or | ||
in programs funded by the Department of Human
Services under |
its powers relating to mental health and developmental
| ||
disabilities or alcoholism and substance
abuse or funded by the | ||
Department of Children and Family Services shall
be reported to | ||
the coroner of the county in which the facility is
located. If | ||
the coroner has reason to believe that an investigation is
| ||
needed to determine whether the death was caused by | ||
maltreatment or
negligent care of the ward of the State or | ||
youth in care as defined in Section 4d of the Children and | ||
Family Services Act, the coroner may conduct a
preliminary | ||
investigation of the circumstances of such death as in cases of
| ||
death under circumstances set forth in paragraphs (a) through | ||
(e) of this
Section.
| ||
(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||
eff. 7-28-16; 100-159, eff. 8-18-17.)
| ||
Section 910-25. The Ambulatory Surgical Treatment Center | ||
Act is amended by changing Section 2, and 3 as follows:
| ||
(210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
| ||
Sec. 2.
It is declared to be the public policy that the | ||
State has a legitimate
interest in assuring that all medical | ||
procedures , including abortions, are
performed under | ||
circumstances that insure maximum safety. Therefore, the
| ||
purpose of this Act is to provide for the better protection of | ||
the public
health through the development, establishment, and | ||
enforcement of standards
(1) for the care of individuals in |
ambulatory surgical treatment centers,
and (2) for the | ||
construction, maintenance and operation of ambulatory
surgical | ||
treatment centers, which, in light of advancing knowledge, will
| ||
promote safe and adequate treatment of such individuals in | ||
ambulatory
surgical treatment centers.
| ||
(Source: P.A. 78-227 .)
| ||
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
| ||
Sec. 3.
As used in this Act, unless the context otherwise | ||
requires, the
following words and phrases shall have the | ||
meanings ascribed to them:
| ||
(A) "Ambulatory surgical treatment center" means any | ||
institution, place
or building devoted primarily to the | ||
maintenance and operation of
facilities for the performance of | ||
surgical procedures. "Ambulatory surgical treatment center" | ||
includes any place that meets and complies with the definition | ||
of an ambulatory surgical treatment center under the rules | ||
adopted by the Department or any facility in
which a medical or | ||
surgical procedure is utilized to terminate a pregnancy,
| ||
irrespective of whether the facility is devoted primarily to | ||
this purpose .
Such facility shall not provide beds or other | ||
accommodations for the
overnight stay of patients; however, | ||
facilities devoted exclusively to the
treatment of children may | ||
provide accommodations and beds for their patients
for up to 23 | ||
hours following admission. Individual patients shall be
| ||
discharged in an ambulatory condition without danger to the |
continued well
being of the patients or shall be transferred to | ||
a hospital.
| ||
The term "ambulatory surgical treatment center" does not | ||
include any of the
following:
| ||
(1) Any institution, place, building or agency | ||
required to be licensed
pursuant to the "Hospital Licensing | ||
Act", approved July 1, 1953, as amended.
| ||
(2) Any person or institution required to be licensed | ||
pursuant to the
Nursing Home Care Act, the Specialized | ||
Mental Health Rehabilitation Act of 2013, the ID/DD | ||
Community Care Act, or the MC/DD Act.
| ||
(3) Hospitals or ambulatory surgical treatment centers | ||
maintained by the
State or any department or agency | ||
thereof, where such department or agency
has authority | ||
under law to establish and enforce standards for the
| ||
hospitals or ambulatory surgical treatment centers under | ||
its management and
control.
| ||
(4) Hospitals or ambulatory surgical treatment centers | ||
maintained by the
Federal Government or agencies thereof.
| ||
(5) Any place, agency, clinic, or practice, public or | ||
private, whether
organized for profit or not, devoted | ||
exclusively to the performance of
dental or oral surgical | ||
procedures.
| ||
(6) Any facility in which the performance of abortion | ||
procedures, including procedures to terminate a pregnancy | ||
or to manage pregnancy loss, is limited to those performed |
without general, epidural, or spinal anesthesia, and which | ||
is not otherwise required to be an ambulatory surgical | ||
treatment center. For purposes of this paragraph, | ||
"general, epidural, or spinal anesthesia" does not include | ||
local anesthesia or intravenous sedation. Nothing in this | ||
paragraph shall be construed to limit any such facility | ||
from voluntarily electing to apply for licensure as an | ||
ambulatory surgical treatment center. | ||
(B) "Person" means any individual, firm, partnership, | ||
corporation,
company, association, or joint stock association, | ||
or the legal successor
thereof.
| ||
(C) "Department" means the Department of Public Health of | ||
the State of
Illinois.
| ||
(D) "Director" means the Director of the Department of | ||
Public Health of
the State of Illinois.
| ||
(E) "Physician" means a person licensed to practice | ||
medicine in all of
its branches in the State of Illinois.
| ||
(F) "Dentist" means a person licensed to practice dentistry | ||
under the
Illinois Dental Practice Act.
| ||
(G) "Podiatric physician" means a person licensed to | ||
practice podiatry under
the Podiatric Medical Practice Act of | ||
1987.
| ||
(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15; | ||
99-180, eff. 7-29-15.)
| ||
Section 910-30. The Illinois Insurance Code is amended by |
changing Section 356z.4 and adding 356z.4a as follows:
| ||
(215 ILCS 5/356z.4)
| ||
Sec. 356z.4. Coverage for contraceptives. | ||
(a)(1) The General Assembly hereby finds and declares all | ||
of the following: | ||
(A) Illinois has a long history of expanding timely | ||
access to birth control to prevent unintended pregnancy. | ||
(B) The federal Patient Protection and Affordable Care | ||
Act includes a contraceptive coverage guarantee as part of | ||
a broader requirement for health insurance to cover key | ||
preventive care services without out-of-pocket costs for | ||
patients. | ||
(C) The General Assembly intends to build on existing | ||
State and federal law to promote gender equity and women's | ||
health and to ensure greater contraceptive coverage equity | ||
and timely access to all federal Food and Drug | ||
Administration approved methods of birth control for all | ||
individuals covered by an individual or group health | ||
insurance policy in Illinois. | ||
(D) Medical management techniques such as denials, | ||
step therapy, or prior authorization in public and private | ||
health care coverage can impede access to the most | ||
effective contraceptive methods. | ||
(2) As used in this subsection (a): | ||
"Contraceptive services" includes consultations, |
examinations, procedures, and medical services related to the | ||
use of contraceptive methods (including natural family | ||
planning) to prevent an unintended pregnancy. | ||
"Medical necessity", for the purposes of this subsection | ||
(a), includes, but is not limited to, considerations such as | ||
severity of side effects, differences in permanence and | ||
reversibility of contraceptive, and ability to adhere to the | ||
appropriate use of the item or service, as determined by the | ||
attending provider. | ||
"Therapeutic equivalent version" means drugs, devices, or | ||
products that can be expected to have the same clinical effect | ||
and safety profile when administered to patients under the | ||
conditions specified in the labeling and satisfy the following | ||
general criteria: | ||
(i) they are approved as safe and effective; | ||
(ii) they are pharmaceutical equivalents in that they | ||
(A) contain identical amounts of the same active drug | ||
ingredient in the same dosage form and route of | ||
administration and (B) meet compendial or other applicable | ||
standards of strength, quality, purity, and identity; | ||
(iii) they are bioequivalent in that (A) they do not | ||
present a known or potential bioequivalence problem and | ||
they meet an acceptable in vitro standard or (B) if they do | ||
present such a known or potential problem, they are shown | ||
to meet an appropriate bioequivalence standard; | ||
(iv) they are adequately labeled; and |
(v) they are manufactured in compliance with Current | ||
Good Manufacturing Practice regulations. | ||
(3) An individual or group policy of accident and health | ||
insurance amended,
delivered, issued, or renewed in this State | ||
after the effective date of this amendatory Act of the 99th | ||
General Assembly shall provide coverage for all of the | ||
following services and contraceptive methods: | ||
(A) All contraceptive drugs, devices, and other | ||
products approved by the United States Food and Drug | ||
Administration. This includes all over-the-counter | ||
contraceptive drugs, devices, and products approved by the | ||
United States Food and Drug Administration, excluding male | ||
condoms. The following apply: | ||
(i) If the United States Food and Drug | ||
Administration has approved one or more therapeutic | ||
equivalent versions of a contraceptive drug, device, | ||
or product, a policy is not required to include all | ||
such therapeutic equivalent versions in its formulary, | ||
so long as at least one is included and covered without | ||
cost-sharing and in accordance with this Section. | ||
(ii) If an individual's attending provider | ||
recommends a particular service or item approved by the | ||
United States Food and Drug Administration based on a | ||
determination of medical necessity with respect to | ||
that individual, the plan or issuer must cover that | ||
service or item without cost sharing. The plan or |
issuer must defer to the determination of the attending | ||
provider. | ||
(iii) If a drug, device, or product is not covered, | ||
plans and issuers must have an easily accessible, | ||
transparent, and sufficiently expedient process that | ||
is not unduly burdensome on the individual or a | ||
provider or other individual acting as a patient's | ||
authorized representative to ensure coverage without | ||
cost sharing. | ||
(iv) This coverage must provide for the dispensing | ||
of 12 months' worth of contraception at one time. | ||
(B) Voluntary sterilization procedures. | ||
(C) Contraceptive services, patient education, and | ||
counseling on contraception. | ||
(D) Follow-up services related to the drugs, devices, | ||
products, and procedures covered under this Section, | ||
including, but not limited to, management of side effects, | ||
counseling for continued adherence, and device insertion | ||
and removal. | ||
(4) Except as otherwise provided in this subsection (a), a | ||
policy subject to this subsection (a) shall not impose a | ||
deductible, coinsurance, copayment, or any other cost-sharing | ||
requirement on the coverage provided. The provisions of this | ||
paragraph do not apply to coverage of voluntary male | ||
sterilization procedures to the extent such coverage would | ||
disqualify a high-deductible health plan from eligibility for a |
health savings account pursuant to the federal Internal Revenue | ||
Code, 26 U.S.C. 223. | ||
(5) Except as otherwise authorized under this subsection | ||
(a), a policy shall not impose any restrictions or delays on | ||
the coverage required under this subsection (a). | ||
(6) If, at any time, the Secretary of the United States | ||
Department of Health and Human Services, or its successor | ||
agency, promulgates rules or regulations to be published in the | ||
Federal Register or publishes a comment in the Federal Register | ||
or issues an opinion, guidance, or other action that would | ||
require the State, pursuant to any provision of the Patient | ||
Protection and Affordable Care Act (Public Law 111-148), | ||
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any | ||
successor provision, to defray the cost of any coverage | ||
outlined in this subsection (a), then this subsection (a) is | ||
inoperative with respect to all coverage outlined in this | ||
subsection (a) other than that authorized under Section 1902 of | ||
the Social Security Act, 42 U.S.C. 1396a, and the State shall | ||
not assume any obligation for the cost of the coverage set | ||
forth in this subsection (a). | ||
(b) This subsection (b) shall become operative if and only | ||
if subsection (a) becomes inoperative. | ||
An individual or group policy of accident and health | ||
insurance amended,
delivered, issued, or renewed in this State | ||
after the date this subsection (b) becomes operative that | ||
provides coverage for
outpatient services and outpatient |
prescription drugs or devices must provide
coverage for the | ||
insured and any
dependent of the
insured covered by the policy | ||
for all outpatient contraceptive services and
all outpatient | ||
contraceptive drugs and devices approved by the Food and
Drug | ||
Administration. Coverage required under this Section may not | ||
impose any
deductible, coinsurance, waiting period, or other | ||
cost-sharing or limitation
that is greater than that required | ||
for any outpatient service or outpatient
prescription drug or | ||
device otherwise covered by the policy.
| ||
Nothing in this subsection (b) shall be construed to | ||
require an insurance
company to cover services related to | ||
permanent sterilization that requires a
surgical procedure. | ||
As used in this subsection (b), "outpatient contraceptive | ||
service" means
consultations, examinations, procedures, and | ||
medical services, provided on an
outpatient basis and related | ||
to the use of contraceptive methods (including
natural family | ||
planning) to prevent an unintended pregnancy.
| ||
(c) (Blank). Nothing in this Section shall be construed to | ||
require an insurance
company to cover services related to an | ||
abortion as the term "abortion" is
defined in the Illinois | ||
Abortion Law of 1975.
| ||
(d) If a plan or issuer utilizes a network of providers, | ||
nothing in this Section shall be construed to require coverage | ||
or to prohibit the plan or issuer from imposing cost-sharing | ||
for items or services described in this Section that are | ||
provided or delivered by an out-of-network provider, unless the |
plan or issuer does not have in its network a provider who is | ||
able to or is willing to provide the applicable items or | ||
services.
| ||
(Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19 .)
| ||
(215 ILCS 5/356z.4a new) | ||
Sec. 356z.4a. Coverage for abortion. | ||
(a) Except as otherwise provided in this Section, no | ||
individual or group policy of accident and health insurance | ||
that provides pregnancy-related benefits may be issued, | ||
amended, delivered, or renewed in this State after the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly unless the policy provides a covered person with | ||
coverage for abortion care. | ||
(b) Coverage for abortion care may not impose any | ||
deductible, coinsurance, waiting period, or other cost-sharing | ||
limitation that is greater than that required for other | ||
pregnancy-related benefits covered by the policy. | ||
(c) Except as otherwise authorized under this Section, a | ||
policy shall not impose any restrictions or delays on the | ||
coverage required under this Section. | ||
(d) This Section does not, pursuant to 42 U.S.C. | ||
18054(a)(6), apply to a multistate plan that does not provide | ||
coverage for abortion. | ||
(e) If the Department concludes that enforcement of this | ||
Section may adversely affect the allocation of federal funds to |
this State, the Department may grant an exemption to the | ||
requirements, but only to the minimum extent necessary to | ||
ensure the continued receipt of federal funds. | ||
Section 910-35. The Health Maintenance Organization Act is | ||
amended by changing Section 5-3 as follows:
| ||
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
| ||
Sec. 5-3. Insurance Code provisions.
| ||
(a) Health Maintenance Organizations
shall be subject to | ||
the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
| ||
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, | ||
154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, 355.3, | ||
355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y,
356z.2, 356z.4, | ||
356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, | ||
356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, | ||
356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, | ||
364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, | ||
368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, 408.2, | ||
409, 412, 444,
and
444.1,
paragraph (c) of subsection (2) of | ||
Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, XIII, | ||
XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
| ||
(b) For purposes of the Illinois Insurance Code, except for | ||
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health | ||
Maintenance Organizations in
the following categories are | ||
deemed to be "domestic companies":
|
(1) a corporation authorized under the
Dental Service | ||
Plan Act or the Voluntary Health Services Plans Act;
| ||
(2) a corporation organized under the laws of this | ||
State; or
| ||
(3) a corporation organized under the laws of another | ||
state, 30% or more
of the enrollees of which are residents | ||
of this State, except a
corporation subject to | ||
substantially the same requirements in its state of
| ||
organization as is a "domestic company" under Article VIII | ||
1/2 of the
Illinois Insurance Code.
| ||
(c) In considering the merger, consolidation, or other | ||
acquisition of
control of a Health Maintenance Organization | ||
pursuant to Article VIII 1/2
of the Illinois Insurance Code,
| ||
(1) the Director shall give primary consideration to | ||
the continuation of
benefits to enrollees and the financial | ||
conditions of the acquired Health
Maintenance Organization | ||
after the merger, consolidation, or other
acquisition of | ||
control takes effect;
| ||
(2)(i) the criteria specified in subsection (1)(b) of | ||
Section 131.8 of
the Illinois Insurance Code shall not | ||
apply and (ii) the Director, in making
his determination | ||
with respect to the merger, consolidation, or other
| ||
acquisition of control, need not take into account the | ||
effect on
competition of the merger, consolidation, or | ||
other acquisition of control;
| ||
(3) the Director shall have the power to require the |
following
information:
| ||
(A) certification by an independent actuary of the | ||
adequacy
of the reserves of the Health Maintenance | ||
Organization sought to be acquired;
| ||
(B) pro forma financial statements reflecting the | ||
combined balance
sheets of the acquiring company and | ||
the Health Maintenance Organization sought
to be | ||
acquired as of the end of the preceding year and as of | ||
a date 90 days
prior to the acquisition, as well as pro | ||
forma financial statements
reflecting projected | ||
combined operation for a period of 2 years;
| ||
(C) a pro forma business plan detailing an | ||
acquiring party's plans with
respect to the operation | ||
of the Health Maintenance Organization sought to
be | ||
acquired for a period of not less than 3 years; and
| ||
(D) such other information as the Director shall | ||
require.
| ||
(d) The provisions of Article VIII 1/2 of the Illinois | ||
Insurance Code
and this Section 5-3 shall apply to the sale by | ||
any health maintenance
organization of greater than 10% of its
| ||
enrollee population (including without limitation the health | ||
maintenance
organization's right, title, and interest in and to | ||
its health care
certificates).
| ||
(e) In considering any management contract or service | ||
agreement subject
to Section 141.1 of the Illinois Insurance | ||
Code, the Director (i) shall, in
addition to the criteria |
specified in Section 141.2 of the Illinois
Insurance Code, take | ||
into account the effect of the management contract or
service | ||
agreement on the continuation of benefits to enrollees and the
| ||
financial condition of the health maintenance organization to | ||
be managed or
serviced, and (ii) need not take into account the | ||
effect of the management
contract or service agreement on | ||
competition.
| ||
(f) Except for small employer groups as defined in the | ||
Small Employer
Rating, Renewability and Portability Health | ||
Insurance Act and except for
medicare supplement policies as | ||
defined in Section 363 of the Illinois
Insurance Code, a Health | ||
Maintenance Organization may by contract agree with a
group or | ||
other enrollment unit to effect refunds or charge additional | ||
premiums
under the following terms and conditions:
| ||
(i) the amount of, and other terms and conditions with | ||
respect to, the
refund or additional premium are set forth | ||
in the group or enrollment unit
contract agreed in advance | ||
of the period for which a refund is to be paid or
| ||
additional premium is to be charged (which period shall not | ||
be less than one
year); and
| ||
(ii) the amount of the refund or additional premium | ||
shall not exceed 20%
of the Health Maintenance | ||
Organization's profitable or unprofitable experience
with | ||
respect to the group or other enrollment unit for the | ||
period (and, for
purposes of a refund or additional | ||
premium, the profitable or unprofitable
experience shall |
be calculated taking into account a pro rata share of the
| ||
Health Maintenance Organization's administrative and | ||
marketing expenses, but
shall not include any refund to be | ||
made or additional premium to be paid
pursuant to this | ||
subsection (f)). The Health Maintenance Organization and | ||
the
group or enrollment unit may agree that the profitable | ||
or unprofitable
experience may be calculated taking into | ||
account the refund period and the
immediately preceding 2 | ||
plan years.
| ||
The Health Maintenance Organization shall include a | ||
statement in the
evidence of coverage issued to each enrollee | ||
describing the possibility of a
refund or additional premium, | ||
and upon request of any group or enrollment unit,
provide to | ||
the group or enrollment unit a description of the method used | ||
to
calculate (1) the Health Maintenance Organization's | ||
profitable experience with
respect to the group or enrollment | ||
unit and the resulting refund to the group
or enrollment unit | ||
or (2) the Health Maintenance Organization's unprofitable
| ||
experience with respect to the group or enrollment unit and the | ||
resulting
additional premium to be paid by the group or | ||
enrollment unit.
| ||
In no event shall the Illinois Health Maintenance | ||
Organization
Guaranty Association be liable to pay any | ||
contractual obligation of an
insolvent organization to pay any | ||
refund authorized under this Section.
| ||
(g) Rulemaking authority to implement Public Act 95-1045, |
if any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17; | ||
100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff. | ||
8-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised | ||
10-4-18.) | ||
Section 910-40. The Voluntary Health Services Plans Act is | ||
amended by changing Section 10 as follows:
| ||
(215 ILCS 165/10) (from Ch. 32, par. 604)
| ||
Sec. 10. Application of Insurance Code provisions. Health | ||
services
plan corporations and all persons interested therein | ||
or dealing therewith
shall be subject to the provisions of | ||
Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, | ||
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g, | ||
356g.5, 356g.5-1, 356r, 356t, 356u, 356v,
356w, 356x, 356y, | ||
356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, | ||
356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, | ||
356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, | ||
356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1,
402,
403, | ||
403A, 408,
408.2, and 412, and paragraphs (7) and (15) of | ||
Section 367 of the Illinois
Insurance Code.
|
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; | ||
100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff. | ||
1-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.) | ||
Section 910-45. The Medical Practice Act of 1987 is amended | ||
by changing Section 22 and 36 as follows:
| ||
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||
(Section scheduled to be repealed on December 31, 2019)
| ||
Sec. 22. Disciplinary action.
| ||
(A) The Department may revoke, suspend, place on probation, | ||
reprimand, refuse to issue or renew, or take any other | ||
disciplinary or non-disciplinary action as the Department may | ||
deem proper
with regard to the license or permit of any person | ||
issued
under this Act, including imposing fines not to exceed | ||
$10,000 for each violation, upon any of the following grounds:
| ||
(1) (Blank). Performance of an elective abortion in any | ||
place, locale,
facility, or
institution other than:
| ||
(a) a facility licensed pursuant to the Ambulatory | ||
Surgical Treatment
Center Act;
|
(b) an institution licensed under the Hospital | ||
Licensing Act;
| ||
(c) an ambulatory surgical treatment center or | ||
hospitalization or care
facility maintained by the | ||
State or any agency thereof, where such department
or | ||
agency has authority under law to establish and enforce | ||
standards for the
ambulatory surgical treatment | ||
centers, hospitalization, or care facilities
under its | ||
management and control;
| ||
(d) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by the | ||
Federal Government; or
| ||
(e) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by any | ||
university or college established under the laws
of | ||
this State and supported principally by public funds | ||
raised by
taxation.
| ||
(2) (Blank). Performance of an abortion procedure in a | ||
willful and wanton
manner on a
woman who was not pregnant | ||
at the time the abortion procedure was
performed.
| ||
(3) A plea of guilty or nolo contendere, finding of | ||
guilt, jury verdict, or entry of judgment or sentencing, | ||
including, but not limited to, convictions, preceding | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, under the laws of any jurisdiction of | ||
the United States of any crime that is a felony.
|
(4) Gross negligence in practice under this Act.
| ||
(5) Engaging in dishonorable, unethical or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud or harm the public.
| ||
(6) Obtaining any fee by fraud, deceit, or
| ||
misrepresentation.
| ||
(7) Habitual or excessive use or abuse of drugs defined | ||
in law
as
controlled substances, of alcohol, or of any | ||
other substances which results in
the inability to practice | ||
with reasonable judgment, skill or safety.
| ||
(8) Practicing under a false or, except as provided by | ||
law, an
assumed
name.
| ||
(9) Fraud or misrepresentation in applying for, or | ||
procuring, a
license
under this Act or in connection with | ||
applying for renewal of a license under
this Act.
| ||
(10) Making a false or misleading statement regarding | ||
their
skill or the
efficacy or value of the medicine, | ||
treatment, or remedy prescribed by them at
their direction | ||
in the treatment of any disease or other condition of the | ||
body
or mind.
| ||
(11) Allowing another person or organization to use | ||
their
license, procured
under this Act, to practice.
| ||
(12) Adverse action taken by another state or | ||
jurisdiction
against a license
or other authorization to | ||
practice as a medical doctor, doctor of osteopathy,
doctor | ||
of osteopathic medicine or
doctor of chiropractic, a |
certified copy of the record of the action taken by
the | ||
other state or jurisdiction being prima facie evidence | ||
thereof. This includes any adverse action taken by a State | ||
or federal agency that prohibits a medical doctor, doctor | ||
of osteopathy, doctor of osteopathic medicine, or doctor of | ||
chiropractic from providing services to the agency's | ||
participants.
| ||
(13) Violation of any provision of this Act or of the | ||
Medical
Practice Act
prior to the repeal of that Act, or | ||
violation of the rules, or a final
administrative action of | ||
the Secretary, after consideration of the
recommendation | ||
of the Disciplinary Board.
| ||
(14) Violation of the prohibition against fee | ||
splitting in Section 22.2 of this Act.
| ||
(15) A finding by the Disciplinary Board that the
| ||
registrant after
having his or her license placed on | ||
probationary status or subjected to
conditions or | ||
restrictions violated the terms of the probation or failed | ||
to
comply with such terms or conditions.
| ||
(16) Abandonment of a patient.
| ||
(17) Prescribing, selling, administering, | ||
distributing, giving
or
self-administering any drug | ||
classified as a controlled substance (designated
product) | ||
or narcotic for other than medically accepted therapeutic
| ||
purposes.
| ||
(18) Promotion of the sale of drugs, devices, |
appliances or
goods provided
for a patient in such manner | ||
as to exploit the patient for financial gain of
the | ||
physician.
| ||
(19) Offering, undertaking or agreeing to cure or treat
| ||
disease by a secret
method, procedure, treatment or | ||
medicine, or the treating, operating or
prescribing for any | ||
human condition by a method, means or procedure which the
| ||
licensee refuses to divulge upon demand of the Department.
| ||
(20) Immoral conduct in the commission of any act | ||
including,
but not limited to, commission of an act of | ||
sexual misconduct related to the
licensee's
practice.
| ||
(21) Willfully making or filing false records or | ||
reports in his
or her
practice as a physician, including, | ||
but not limited to, false records to
support claims against | ||
the medical assistance program of the Department of | ||
Healthcare and Family Services (formerly Department of
| ||
Public Aid)
under the Illinois Public Aid Code.
| ||
(22) Willful omission to file or record, or willfully | ||
impeding
the filing or
recording, or inducing another | ||
person to omit to file or record, medical
reports as | ||
required by law, or willfully failing to report an instance | ||
of
suspected abuse or neglect as required by law.
| ||
(23) Being named as a perpetrator in an indicated | ||
report by
the Department
of Children and Family Services | ||
under the Abused and Neglected Child Reporting
Act, and | ||
upon proof by clear and convincing evidence that the |
licensee has
caused a child to be an abused child or | ||
neglected child as defined in the
Abused and Neglected | ||
Child Reporting Act.
| ||
(24) Solicitation of professional patronage by any
| ||
corporation, agents or
persons, or profiting from those | ||
representing themselves to be agents of the
licensee.
| ||
(25) Gross and willful and continued overcharging for
| ||
professional services,
including filing false statements | ||
for collection of fees for which services are
not rendered, | ||
including, but not limited to, filing such false statements | ||
for
collection of monies for services not rendered from the | ||
medical assistance
program of the Department of Healthcare | ||
and Family Services (formerly Department of Public Aid)
| ||
under the Illinois Public Aid
Code.
| ||
(26) A pattern of practice or other behavior which
| ||
demonstrates
incapacity
or incompetence to practice under | ||
this Act.
| ||
(27) Mental illness or disability which results in the
| ||
inability to
practice under this Act with reasonable | ||
judgment, skill or safety.
| ||
(28) Physical illness, including, but not limited to,
| ||
deterioration through
the aging process, or loss of motor | ||
skill which results in a physician's
inability to practice | ||
under this Act with reasonable judgment, skill or
safety.
| ||
(29) Cheating on or attempt to subvert the licensing
| ||
examinations
administered under this Act.
|
(30) Willfully or negligently violating the | ||
confidentiality
between
physician and patient except as | ||
required by law.
| ||
(31) The use of any false, fraudulent, or deceptive | ||
statement
in any
document connected with practice under | ||
this Act.
| ||
(32) Aiding and abetting an individual not licensed | ||
under this
Act in the
practice of a profession licensed | ||
under this Act.
| ||
(33) Violating state or federal laws or regulations | ||
relating
to controlled
substances, legend
drugs, or | ||
ephedra as defined in the Ephedra Prohibition Act.
| ||
(34) Failure to report to the Department any adverse | ||
final
action taken
against them by another licensing | ||
jurisdiction (any other state or any
territory of the | ||
United States or any foreign state or country), by any peer
| ||
review body, by any health care institution, by any | ||
professional society or
association related to practice | ||
under this Act, by any governmental agency, by
any law | ||
enforcement agency, or by any court for acts or conduct | ||
similar to acts
or conduct which would constitute grounds | ||
for action as defined in this
Section.
| ||
(35) Failure to report to the Department surrender of a
| ||
license or
authorization to practice as a medical doctor, a | ||
doctor of osteopathy, a
doctor of osteopathic medicine, or | ||
doctor
of chiropractic in another state or jurisdiction, or |
surrender of membership on
any medical staff or in any | ||
medical or professional association or society,
while | ||
under disciplinary investigation by any of those | ||
authorities or bodies,
for acts or conduct similar to acts | ||
or conduct which would constitute grounds
for action as | ||
defined in this Section.
| ||
(36) Failure to report to the Department any adverse | ||
judgment,
settlement,
or award arising from a liability | ||
claim related to acts or conduct similar to
acts or conduct | ||
which would constitute grounds for action as defined in | ||
this
Section.
| ||
(37) Failure to provide copies of medical records as | ||
required
by law.
| ||
(38) Failure to furnish the Department, its | ||
investigators or
representatives, relevant information, | ||
legally requested by the Department
after consultation | ||
with the Chief Medical Coordinator or the Deputy Medical
| ||
Coordinator.
| ||
(39) Violating the Health Care Worker Self-Referral
| ||
Act.
| ||
(40) Willful failure to provide notice when notice is | ||
required
under the
Parental Notice of Abortion Act of 1995.
| ||
(41) Failure to establish and maintain records of | ||
patient care and
treatment as required by this law.
| ||
(42) Entering into an excessive number of written | ||
collaborative
agreements with licensed advanced practice |
registered nurses resulting in an inability to
adequately | ||
collaborate.
| ||
(43) Repeated failure to adequately collaborate with a | ||
licensed advanced practice registered nurse. | ||
(44) Violating the Compassionate Use of Medical | ||
Cannabis Pilot Program Act.
| ||
(45) Entering into an excessive number of written | ||
collaborative agreements with licensed prescribing | ||
psychologists resulting in an inability to adequately | ||
collaborate. | ||
(46) Repeated failure to adequately collaborate with a | ||
licensed prescribing psychologist. | ||
(47) Willfully failing to report an instance of | ||
suspected abuse, neglect, financial exploitation, or | ||
self-neglect of an eligible adult as defined in and | ||
required by the Adult Protective Services Act. | ||
(48) Being named as an abuser in a verified report by | ||
the Department on Aging under the Adult Protective Services | ||
Act, and upon proof by clear and convincing evidence that | ||
the licensee abused, neglected, or financially exploited | ||
an eligible adult as defined in the Adult Protective | ||
Services Act. | ||
(49) Entering into an excessive number of written | ||
collaborative agreements with licensed physician | ||
assistants resulting in an inability to adequately | ||
collaborate. |
(50) Repeated failure to adequately collaborate with a | ||
physician assistant. | ||
Except
for actions involving the ground numbered (26), all | ||
proceedings to suspend,
revoke, place on probationary status, | ||
or take any
other disciplinary action as the Department may | ||
deem proper, with regard to a
license on any of the foregoing | ||
grounds, must be commenced within 5 years next
after receipt by | ||
the Department of a complaint alleging the commission of or
| ||
notice of the conviction order for any of the acts described | ||
herein. Except
for the grounds numbered (8), (9), (26), and | ||
(29), no action shall be commenced more
than 10 years after the | ||
date of the incident or act alleged to have violated
this | ||
Section. For actions involving the ground numbered (26), a | ||
pattern of practice or other behavior includes all incidents | ||
alleged to be part of the pattern of practice or other behavior | ||
that occurred, or a report pursuant to Section 23 of this Act | ||
received, within the 10-year period preceding the filing of the | ||
complaint. In the event of the settlement of any claim or cause | ||
of action
in favor of the claimant or the reduction to final | ||
judgment of any civil action
in favor of the plaintiff, such | ||
claim, cause of action or civil action being
grounded on the | ||
allegation that a person licensed under this Act was negligent
| ||
in providing care, the Department shall have an additional | ||
period of 2 years
from the date of notification to the | ||
Department under Section 23 of this Act
of such settlement or | ||
final judgment in which to investigate and
commence formal |
disciplinary proceedings under Section 36 of this Act, except
| ||
as otherwise provided by law. The time during which the holder | ||
of the license
was outside the State of Illinois shall not be | ||
included within any period of
time limiting the commencement of | ||
disciplinary action by the Department.
| ||
The entry of an order or judgment by any circuit court | ||
establishing that any
person holding a license under this Act | ||
is a person in need of mental treatment
operates as a | ||
suspension of that license. That person may resume their
| ||
practice only upon the entry of a Departmental order based upon | ||
a finding by
the Disciplinary Board that they have been | ||
determined to be recovered
from mental illness by the court and | ||
upon the Disciplinary Board's
recommendation that they be | ||
permitted to resume their practice.
| ||
The Department may refuse to issue or take disciplinary | ||
action concerning the license of any person
who fails to file a | ||
return, or to pay the tax, penalty or interest shown in a
filed | ||
return, or to pay any final assessment of tax, penalty or | ||
interest, as
required by any tax Act administered by the | ||
Illinois Department of Revenue,
until such time as the | ||
requirements of any such tax Act are satisfied as
determined by | ||
the Illinois Department of Revenue.
| ||
The Department, upon the recommendation of the | ||
Disciplinary Board, shall
adopt rules which set forth standards | ||
to be used in determining:
| ||
(a) when a person will be deemed sufficiently |
rehabilitated to warrant the
public trust;
| ||
(b) what constitutes dishonorable, unethical or | ||
unprofessional conduct of
a character likely to deceive, | ||
defraud, or harm the public;
| ||
(c) what constitutes immoral conduct in the commission | ||
of any act,
including, but not limited to, commission of an | ||
act of sexual misconduct
related
to the licensee's | ||
practice; and
| ||
(d) what constitutes gross negligence in the practice | ||
of medicine.
| ||
However, no such rule shall be admissible into evidence in | ||
any civil action
except for review of a licensing or other | ||
disciplinary action under this Act.
| ||
In enforcing this Section, the Disciplinary Board or the | ||
Licensing Board,
upon a showing of a possible violation, may | ||
compel, in the case of the Disciplinary Board, any individual | ||
who is licensed to
practice under this Act or holds a permit to | ||
practice under this Act, or, in the case of the Licensing | ||
Board, any individual who has applied for licensure or a permit
| ||
pursuant to this Act, to submit to a mental or physical | ||
examination and evaluation, or both,
which may include a | ||
substance abuse or sexual offender evaluation, as required by | ||
the Licensing Board or Disciplinary Board and at the expense of | ||
the Department. The Disciplinary Board or Licensing Board shall | ||
specifically designate the examining physician licensed to | ||
practice medicine in all of its branches or, if applicable, the |
multidisciplinary team involved in providing the mental or | ||
physical examination and evaluation, or both. The | ||
multidisciplinary team shall be led by a physician licensed to | ||
practice medicine in all of its branches and may consist of one | ||
or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed chiropractic | ||
physicians, licensed clinical psychologists, licensed clinical | ||
social workers, licensed clinical professional counselors, and | ||
other professional and administrative staff. Any examining | ||
physician or member of the multidisciplinary team may require | ||
any person ordered to submit to an examination and evaluation | ||
pursuant to this Section to submit to any additional | ||
supplemental testing deemed necessary to complete any | ||
examination or evaluation process, including, but not limited | ||
to, blood testing, urinalysis, psychological testing, or | ||
neuropsychological testing.
The Disciplinary Board, the | ||
Licensing Board, or the Department may order the examining
| ||
physician or any member of the multidisciplinary team to | ||
provide to the Department, the Disciplinary Board, or the | ||
Licensing Board any and all records, including business | ||
records, that relate to the examination and evaluation, | ||
including any supplemental testing performed. The Disciplinary | ||
Board, the Licensing Board, or the Department may order the | ||
examining physician or any member of the multidisciplinary team | ||
to present testimony concerning this examination
and | ||
evaluation of the licensee, permit holder, or applicant, |
including testimony concerning any supplemental testing or | ||
documents relating to the examination and evaluation. No | ||
information, report, record, or other documents in any way | ||
related to the examination and evaluation shall be excluded by | ||
reason of
any common
law or statutory privilege relating to | ||
communication between the licensee, permit holder, or
| ||
applicant and
the examining physician or any member of the | ||
multidisciplinary team.
No authorization is necessary from the | ||
licensee, permit holder, or applicant ordered to undergo an | ||
evaluation and examination for the examining physician or any | ||
member of the multidisciplinary team to provide information, | ||
reports, records, or other documents or to provide any | ||
testimony regarding the examination and evaluation. The | ||
individual to be examined may have, at his or her own expense, | ||
another
physician of his or her choice present during all | ||
aspects of the examination.
Failure of any individual to submit | ||
to mental or physical examination and evaluation, or both, when
| ||
directed, shall result in an automatic suspension, without | ||
hearing, until such time
as the individual submits to the | ||
examination. If the Disciplinary Board or Licensing Board finds | ||
a physician unable
to practice following an examination and | ||
evaluation because of the reasons set forth in this Section, | ||
the Disciplinary
Board or Licensing Board shall require such | ||
physician to submit to care, counseling, or treatment
by | ||
physicians, or other health care professionals, approved or | ||
designated by the Disciplinary Board, as a condition
for |
issued, continued, reinstated, or renewed licensure to | ||
practice. Any physician,
whose license was granted pursuant to | ||
Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||
renewed, disciplined or supervised, subject to such
terms, | ||
conditions or restrictions who shall fail to comply with such | ||
terms,
conditions or restrictions, or to complete a required | ||
program of care,
counseling, or treatment, as determined by the | ||
Chief Medical Coordinator or
Deputy Medical Coordinators, | ||
shall be referred to the Secretary for a
determination as to | ||
whether the licensee shall have their license suspended
| ||
immediately, pending a hearing by the Disciplinary Board. In | ||
instances in
which the Secretary immediately suspends a license | ||
under this Section, a hearing
upon such person's license must | ||
be convened by the Disciplinary Board within 15
days after such | ||
suspension and completed without appreciable delay. The
| ||
Disciplinary Board shall have the authority to review the | ||
subject physician's
record of treatment and counseling | ||
regarding the impairment, to the extent
permitted by applicable | ||
federal statutes and regulations safeguarding the
| ||
confidentiality of medical records.
| ||
An individual licensed under this Act, affected under this | ||
Section, shall be
afforded an opportunity to demonstrate to the | ||
Disciplinary Board that they can
resume practice in compliance | ||
with acceptable and prevailing standards under
the provisions | ||
of their license.
| ||
The Department may promulgate rules for the imposition of |
fines in
disciplinary cases, not to exceed
$10,000 for each | ||
violation of this Act. Fines
may be imposed in conjunction with | ||
other forms of disciplinary action, but
shall not be the | ||
exclusive disposition of any disciplinary action arising out
of | ||
conduct resulting in death or injury to a patient. Any funds | ||
collected from
such fines shall be deposited in the Illinois | ||
State Medical Disciplinary Fund.
| ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the fine | ||
or in accordance with the terms set forth in the order imposing | ||
the fine. | ||
(B) The Department shall revoke the license or
permit | ||
issued under this Act to practice medicine or a chiropractic | ||
physician who
has been convicted a second time of committing | ||
any felony under the
Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act, or who | ||
has been convicted a second time of
committing a Class 1 felony | ||
under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||
person whose license or permit is revoked
under
this subsection | ||
B shall be prohibited from practicing
medicine or treating | ||
human ailments without the use of drugs and without
operative | ||
surgery.
| ||
(C) The Department shall not revoke, suspend, place on | ||
probation, reprimand, refuse to issue or renew, or take any | ||
other disciplinary or non-disciplinary action against the | ||
license or permit issued under this Act to practice medicine to |
a physician: | ||
(1) based solely upon the recommendation of the | ||
physician to an eligible patient regarding, or | ||
prescription for, or treatment with, an investigational | ||
drug, biological product, or device; or | ||
(2) for experimental treatment for Lyme disease or | ||
other tick-borne diseases, including, but not limited to, | ||
the prescription of or treatment with long-term | ||
antibiotics. | ||
(D) The Disciplinary Board shall recommend to the
| ||
Department civil
penalties and any other appropriate | ||
discipline in disciplinary cases when the
Board finds that a | ||
physician willfully performed an abortion with actual
| ||
knowledge that the person upon whom the abortion has been | ||
performed is a minor
or an incompetent person without notice as | ||
required under the Parental Notice
of Abortion Act of 1995. | ||
Upon the Board's recommendation, the Department shall
impose, | ||
for the first violation, a civil penalty of $1,000 and for a | ||
second or
subsequent violation, a civil penalty of $5,000.
| ||
(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17; | ||
100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff. | ||
1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised | ||
12-19-18.)
| ||
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||
(Section scheduled to be repealed on December 31, 2019)
|
Sec. 36. Investigation; notice. | ||
(a) Upon the motion of either the Department
or the | ||
Disciplinary Board or upon the verified complaint in
writing of | ||
any person setting forth facts which, if proven,
would | ||
constitute grounds for suspension or revocation under
Section | ||
22 of this Act, the Department shall investigate the
actions of | ||
any person, so accused, who holds or represents
that they hold | ||
a license. Such person is hereinafter called
the accused.
| ||
(b) The Department shall, before suspending, revoking,
| ||
placing on probationary status, or taking any other
| ||
disciplinary action as the Department may deem proper with
| ||
regard to any license at least 30 days prior to the date set
| ||
for the hearing, notify the accused in writing of any
charges | ||
made and the time and place for a hearing of the
charges before | ||
the Disciplinary Board, direct them to file
their written | ||
answer thereto to the Disciplinary Board under
oath within 20 | ||
days after the service on them of such notice
and inform them | ||
that if they fail to file such answer
default will be taken | ||
against them and their license may be
suspended, revoked, | ||
placed on probationary status, or have
other disciplinary | ||
action, including limiting the scope,
nature or extent of their | ||
practice, as the Department may
deem proper taken with regard | ||
thereto. The Department shall, at least 14 days prior to the | ||
date set for the hearing, notify in writing any person who | ||
filed a complaint against the accused of the time and place for | ||
the hearing of the charges against the accused before the |
Disciplinary Board and inform such person whether he or she may | ||
provide testimony at the hearing.
| ||
(c) (Blank). Where a physician has been found, upon | ||
complaint and
investigation of the Department, and after | ||
hearing, to have
performed an abortion procedure in a wilful | ||
and wanton
manner upon a woman who was not pregnant at the time | ||
such
abortion procedure was performed, the Department shall
| ||
automatically revoke the license of such physician to
practice | ||
medicine in Illinois.
| ||
(d) Such written notice and any notice in such proceedings
| ||
thereafter may be served by delivery of the same,
personally, | ||
to the accused person, or by mailing the same by
registered or | ||
certified mail to the accused person's address of record.
| ||
(e) All information gathered by the Department during its | ||
investigation
including information subpoenaed
under Section | ||
23 or 38 of this Act and the investigative file shall be kept | ||
for
the confidential use of the Secretary, Disciplinary Board, | ||
the Medical
Coordinators, persons employed by contract to | ||
advise the Medical Coordinator or
the Department, the
| ||
Disciplinary Board's attorneys, the medical investigative | ||
staff, and authorized
clerical staff, as provided in this Act | ||
and shall be afforded the same status
as is provided | ||
information concerning medical studies in Part 21 of Article
| ||
VIII of the Code of Civil Procedure, except that the Department | ||
may disclose information and documents to a federal, State, or | ||
local law enforcement agency pursuant to a subpoena in an |
ongoing criminal investigation to a health care licensing body | ||
of this State or another state or jurisdiction pursuant to an | ||
official request made by that licensing body. Furthermore, | ||
information and documents disclosed to a federal, State, or | ||
local law enforcement agency may be used by that agency only | ||
for the investigation and prosecution of a criminal offense or, | ||
in the case of disclosure to a health care licensing body, only | ||
for investigations and disciplinary action proceedings with | ||
regard to a license issued by that licensing body.
| ||
(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11; | ||
98-1140, eff. 12-30-14 .)
| ||
Section 910-50. The Nurse Practice Act is amended by | ||
changing Section 65-35 and 65-43 as follows:
| ||
(225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| ||
(Section scheduled to be repealed on January 1, 2028)
| ||
Sec. 65-35. Written collaborative
agreements. | ||
(a) A written collaborative agreement is required for all | ||
advanced practice registered nurses engaged in clinical | ||
practice prior to meeting the requirements of Section 65-43, | ||
except for advanced practice registered nurses who are | ||
privileged to practice in a hospital, hospital affiliate, or | ||
ambulatory surgical treatment center. | ||
(a-5) If an advanced practice registered nurse engages in | ||
clinical practice outside of a hospital, hospital affiliate, or |
ambulatory surgical treatment center in which he or she is | ||
privileged to practice, the advanced practice registered nurse | ||
must have a written collaborative agreement, except as set | ||
forth in Section 65-43.
| ||
(b) A written collaborative
agreement shall describe the | ||
relationship of the
advanced practice registered nurse with the | ||
collaborating
physician and shall describe the categories of
| ||
care, treatment, or procedures to be provided by the advanced
| ||
practice registered nurse. A collaborative agreement with a | ||
podiatric physician must be in accordance with subsection (c-5) | ||
or (c-15) of this Section. A collaborative agreement with a | ||
dentist must be in accordance with subsection (c-10) of this | ||
Section. A collaborative agreement with a podiatric physician | ||
must be in accordance with subsection (c-5) of this Section. | ||
Collaboration does not require an
employment relationship | ||
between the collaborating physician
and the advanced practice | ||
registered nurse.
| ||
The collaborative
relationship under an agreement shall | ||
not be
construed to require the personal presence of a | ||
collaborating physician at the place where services are | ||
rendered.
Methods of communication shall
be available for | ||
consultation with the collaborating
physician in person or by | ||
telecommunications or electronic communications as set forth | ||
in the written
agreement.
| ||
(b-5) Absent an employment relationship, a written | ||
collaborative agreement may not (1) restrict the categories of |
patients of an advanced practice registered nurse within the | ||
scope of the advanced practice registered nurses training and | ||
experience, (2) limit third party payors or government health | ||
programs, such as the medical assistance program or Medicare | ||
with which the advanced practice registered nurse contracts, or | ||
(3) limit the geographic area or practice location of the | ||
advanced practice registered nurse in this State. | ||
(c)
In the case of anesthesia services provided by a | ||
certified registered nurse anesthetist, an anesthesiologist, a | ||
physician, a dentist, or a podiatric physician must participate | ||
through discussion of and agreement with the anesthesia plan | ||
and remain physically present and available on the premises | ||
during the delivery of anesthesia services for diagnosis, | ||
consultation, and treatment of emergency medical conditions.
| ||
(c-5) A certified registered nurse anesthetist, who | ||
provides anesthesia services outside of a hospital or | ||
ambulatory surgical treatment center shall enter into a written | ||
collaborative agreement with an anesthesiologist or the | ||
physician licensed to practice medicine in all its branches or | ||
the podiatric physician performing the procedure. Outside of a | ||
hospital or ambulatory surgical treatment center, the | ||
certified registered nurse anesthetist may provide only those | ||
services that the collaborating podiatric physician is | ||
authorized to provide pursuant to the Podiatric Medical | ||
Practice Act of 1987 and rules adopted thereunder. A certified | ||
registered nurse anesthetist may select, order, and administer |
medication, including controlled substances, and apply | ||
appropriate medical devices for delivery of anesthesia | ||
services under the anesthesia plan agreed with by the | ||
anesthesiologist or the operating physician or operating | ||
podiatric physician. | ||
(c-10) A certified registered nurse anesthetist who | ||
provides anesthesia services in a dental office shall enter | ||
into a written collaborative agreement with an | ||
anesthesiologist or the physician licensed to practice | ||
medicine in all its branches or the operating dentist | ||
performing the procedure. The agreement shall describe the | ||
working relationship of the certified registered nurse | ||
anesthetist and dentist and shall authorize the categories of | ||
care, treatment, or procedures to be performed by the certified | ||
registered nurse anesthetist. In a collaborating dentist's | ||
office, the certified registered nurse anesthetist may only | ||
provide those services that the operating dentist with the | ||
appropriate permit is authorized to provide pursuant to the | ||
Illinois Dental Practice Act and rules adopted thereunder. For | ||
anesthesia services, an anesthesiologist, physician, or | ||
operating dentist shall participate through discussion of and | ||
agreement with the anesthesia plan and shall remain physically | ||
present and be available on the premises during the delivery of | ||
anesthesia services for diagnosis, consultation, and treatment | ||
of emergency medical conditions. A certified registered nurse | ||
anesthetist may select, order, and administer medication, |
including controlled substances, and apply appropriate medical | ||
devices for delivery of anesthesia services under the | ||
anesthesia plan agreed with by the operating dentist. | ||
(c-15) An advanced practice registered nurse who had a | ||
written collaborative agreement with a podiatric physician | ||
immediately before the effective date of Public Act 100-513 may | ||
continue in that collaborative relationship or enter into a new | ||
written collaborative relationship with a podiatric physician | ||
under the requirements of this Section and Section 65-40, as | ||
those Sections existed immediately before the amendment of | ||
those Sections by Public Act 100-513 with regard to a written | ||
collaborative agreement between an advanced practice | ||
registered nurse and a podiatric physician. | ||
(d) A copy of the signed, written collaborative agreement | ||
must be available
to the Department upon request from both the | ||
advanced practice registered nurse
and the collaborating | ||
physician, dentist, or podiatric physician. | ||
(e) Nothing in this Act shall be construed to limit the | ||
delegation of tasks or duties by a physician to a licensed | ||
practical nurse, a registered professional nurse, or other | ||
persons in accordance with Section 54.2 of the Medical Practice | ||
Act of 1987. Nothing in this Act shall be construed to limit | ||
the method of delegation that may be authorized by any means, | ||
including, but not limited to, oral, written, electronic, | ||
standing orders, protocols, guidelines, or verbal orders. | ||
(e-5) Nothing in this Act shall be construed to authorize |
an advanced practice registered nurse to provide health care | ||
services required by law or rule to be performed by a | ||
physician . The scope of practice of an advanced practice | ||
registered nurse does not include operative surgery. Nothing in | ||
this Section shall be construed to preclude an advanced | ||
practice registered nurse from assisting in surgery , including | ||
those acts to be performed by a physician in Section 3.1 of the | ||
Illinois Abortion Law of 1975 . | ||
(f) An advanced
practice registered nurse shall inform each | ||
collaborating physician, dentist, or podiatric physician of | ||
all collaborative
agreements he or she
has signed and provide a | ||
copy of these to any collaborating physician, dentist, or | ||
podiatric physician upon
request.
| ||
(g) (Blank). | ||
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18; | ||
100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)
| ||
(225 ILCS 65/65-43) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 65-43. Full practice authority. | ||
(a) An Illinois-licensed advanced practice registered | ||
nurse certified as a nurse practitioner, nurse midwife, or | ||
clinical nurse specialist shall be deemed by law to possess the | ||
ability to practice without a written collaborative agreement | ||
as set forth in this Section. | ||
(b) An advanced practice registered nurse certified as a |
nurse midwife, clinical nurse specialist, or nurse | ||
practitioner who files with the Department a notarized | ||
attestation of completion of at least 250 hours of continuing | ||
education or training and at least 4,000 hours of clinical | ||
experience after first attaining national certification shall | ||
not require a written collaborative agreement, except as | ||
specified in subsection (c). Documentation of successful | ||
completion shall be provided to the Department upon request. | ||
Continuing education or training hours required by | ||
subsection (b) shall be in the advanced practice registered | ||
nurse's area of certification as set forth by Department rule. | ||
The clinical experience must be in the advanced practice | ||
registered nurse's area of certification. The clinical | ||
experience shall be in collaboration with a physician or | ||
physicians. Completion of the clinical experience must be | ||
attested to by the collaborating physician or physicians and | ||
the advanced practice registered nurse. | ||
(c) The scope of practice of an advanced practice | ||
registered nurse with full practice authority includes: | ||
(1) all matters included in subsection (c) of Section | ||
65-30 of this Act; | ||
(2) practicing without a written collaborative | ||
agreement in all practice settings consistent with | ||
national certification; | ||
(3) authority to prescribe both legend drugs and | ||
Schedule II through V controlled substances; this |
authority includes prescription of, selection of, orders | ||
for, administration of, storage of, acceptance of samples | ||
of, and dispensing over the counter medications, legend | ||
drugs, and controlled substances categorized as any | ||
Schedule II through V controlled substances, as defined in | ||
Article II of the Illinois Controlled Substances Act, and | ||
other preparations, including, but not limited to, | ||
botanical and herbal remedies; | ||
(4) prescribing benzodiazepines or Schedule II | ||
narcotic drugs, such as opioids, only in a consultation | ||
relationship with a physician; this consultation | ||
relationship shall be recorded in the Prescription | ||
Monitoring Program website, pursuant to Section 316 of the | ||
Illinois Controlled Substances Act, by the physician and | ||
advanced practice registered nurse with full practice | ||
authority and is not required to be filed with the | ||
Department; the specific Schedule II narcotic drug must be | ||
identified by either brand name or generic name; the | ||
specific Schedule II narcotic drug, such as an opioid, may | ||
be administered by oral dosage or topical or transdermal | ||
application; delivery by injection or other route of | ||
administration is not permitted; at least monthly, the | ||
advanced practice registered nurse and the physician must | ||
discuss the condition of any patients for whom a | ||
benzodiazepine or opioid is prescribed; nothing in this | ||
subsection shall be construed to require a prescription by |
an advanced practice registered nurse with full practice | ||
authority to require a physician name; | ||
(5) authority to obtain an Illinois controlled | ||
substance license and a federal Drug Enforcement | ||
Administration number; and | ||
(6) use of only local anesthetic. | ||
The scope of practice of an advanced practice registered | ||
nurse does not include operative surgery. Nothing in this | ||
Section shall be construed to preclude an advanced practice | ||
registered nurse from assisting in surgery. | ||
(d) The Department may adopt rules necessary to administer | ||
this Section, including, but not limited to, requiring the | ||
completion of forms and the payment of fees. | ||
(e) Nothing in this Act shall be construed to authorize an | ||
advanced practice registered nurse with full practice | ||
authority to provide health care services required by law or | ||
rule to be performed by a physician , including, but not limited | ||
to, those acts to be performed by a physician in Section 3.1 of | ||
the Illinois Abortion Law of 1975 .
| ||
(Source: P.A. 100-513, eff. 1-1-18 .) | ||
Section 910-53. The Physician Assistant Practice Act of | ||
1987 is amended by changing Section 7.5 as follows:
| ||
(225 ILCS 95/7.5)
| ||
(Section scheduled to be repealed on January 1, 2028)
|
Sec. 7.5. Written collaborative agreements; prescriptive | ||
authority. | ||
(a) A written collaborative agreement is required for all | ||
physician assistants to practice in the State, except as | ||
provided in Section 7.7 of this Act. | ||
(1) A written collaborative agreement shall describe | ||
the working relationship of the physician assistant with | ||
the collaborating physician and shall describe the | ||
categories of care, treatment, or procedures to be provided | ||
by the physician assistant.
The written collaborative | ||
agreement shall promote the exercise of professional | ||
judgment by the physician assistant commensurate with his | ||
or her education and experience. The services to be | ||
provided by the physician assistant shall be services that | ||
the collaborating physician is authorized to and generally | ||
provides to his or her patients in the normal course of his | ||
or her clinical medical practice. The written | ||
collaborative agreement need not describe the exact steps | ||
that a physician assistant must take with respect to each | ||
specific condition, disease, or symptom but must specify | ||
which authorized procedures require the presence of the | ||
collaborating physician as the procedures are being | ||
performed. The relationship under a written collaborative | ||
agreement shall not be construed to require the personal | ||
presence of a physician at the place where services are | ||
rendered. Methods of communication shall be available for |
consultation with the collaborating physician in person or | ||
by telecommunications or electronic communications as set | ||
forth in the written collaborative agreement. For the | ||
purposes of this Act, "generally provides to his or her | ||
patients in the normal course of his or her clinical | ||
medical practice" means services, not specific tasks or | ||
duties, the collaborating physician routinely provides | ||
individually or through delegation to other persons so that | ||
the physician has the experience and ability to collaborate | ||
and provide consultation. | ||
(2) The written collaborative agreement shall be | ||
adequate if a physician does each of the following: | ||
(A) Participates in the joint formulation and | ||
joint approval of orders or guidelines with the | ||
physician assistant and he or she periodically reviews | ||
such orders and the services provided patients under | ||
such orders in accordance with accepted standards of | ||
medical practice and physician assistant practice. | ||
(B) Provides consultation at least once a month. | ||
(3) A copy of the signed, written collaborative | ||
agreement must be available to the Department upon request | ||
from both the physician assistant and the collaborating | ||
physician. | ||
(4) A physician assistant shall inform each | ||
collaborating physician of all written collaborative | ||
agreements he or she has signed and provide a copy of these |
to any collaborating physician upon request. | ||
(b) A collaborating physician may, but is not required to, | ||
delegate prescriptive authority to a physician assistant as | ||
part of a written collaborative agreement. This authority may, | ||
but is not required to, include prescription of, selection of, | ||
orders for, administration of, storage of, acceptance of | ||
samples of, and dispensing medical devices, over the counter | ||
medications, legend drugs, medical gases, and controlled | ||
substances categorized as Schedule II through V controlled | ||
substances, as defined in Article II of the Illinois Controlled | ||
Substances Act, and other preparations, including, but not | ||
limited to, botanical and herbal remedies. The collaborating | ||
physician must have a valid, current Illinois controlled | ||
substance license and federal registration with the Drug | ||
Enforcement Agency to delegate the authority to prescribe | ||
controlled substances. | ||
(1) To prescribe Schedule II, III, IV, or V controlled | ||
substances under this
Section, a physician assistant must | ||
obtain a mid-level practitioner
controlled substances | ||
license. Medication orders issued by a
physician
assistant | ||
shall be reviewed
periodically by the collaborating | ||
physician. | ||
(2) The collaborating physician shall file
with the | ||
Department notice of delegation of prescriptive authority | ||
to a
physician assistant and
termination of delegation, | ||
specifying the authority delegated or terminated.
Upon |
receipt of this notice delegating authority to prescribe | ||
controlled substances, the physician assistant shall be | ||
eligible to
register for a mid-level practitioner | ||
controlled substances license under
Section 303.05 of the | ||
Illinois Controlled Substances Act.
Nothing in this Act | ||
shall be construed to limit the delegation of tasks or
| ||
duties by the collaborating physician to a nurse or other | ||
appropriately trained
persons in accordance with Section | ||
54.2 of the Medical Practice Act of 1987.
| ||
(3) In addition to the requirements of this subsection | ||
(b), a collaborating physician may, but is not required to, | ||
delegate authority to a physician assistant to prescribe | ||
Schedule II controlled substances, if all of the following | ||
conditions apply: | ||
(A) Specific Schedule II controlled substances by | ||
oral dosage or topical or transdermal application may | ||
be delegated, provided that the delegated Schedule II | ||
controlled substances are routinely prescribed by the | ||
collaborating physician. This delegation must identify | ||
the specific Schedule II controlled substances by | ||
either brand name or generic name. Schedule II | ||
controlled substances to be delivered by injection or | ||
other route of administration may not be delegated. | ||
(B) (Blank). | ||
(C) Any prescription must be limited to no more | ||
than a 30-day supply, with any continuation authorized |
only after prior approval of the collaborating | ||
physician. | ||
(D) The physician assistant must discuss the | ||
condition of any patients for whom a controlled | ||
substance is prescribed monthly with the collaborating | ||
physician. | ||
(E) The physician assistant meets the education | ||
requirements of Section 303.05 of the Illinois | ||
Controlled Substances Act. | ||
(c) Nothing in this Act shall be construed to limit the | ||
delegation of tasks or duties by a physician to a licensed | ||
practical nurse, a registered professional nurse, or other | ||
persons. Nothing in this Act shall be construed to limit the | ||
method of delegation that may be authorized by any means, | ||
including, but not limited to, oral, written, electronic, | ||
standing orders, protocols, guidelines, or verbal orders. | ||
Nothing in this Act shall be construed to authorize a physician | ||
assistant to provide health care services required by law or | ||
rule to be performed by a physician. Nothing in this Act shall | ||
be construed to authorize the delegation or performance of | ||
operative surgery. Nothing in this Section shall be construed | ||
to preclude a physician assistant from assisting in surgery. | ||
(c-5) Nothing in this Section shall be construed to apply
| ||
to any medication authority, including Schedule II controlled
| ||
substances of a licensed physician assistant for care provided
| ||
in a hospital, hospital affiliate, or ambulatory surgical
|
treatment center pursuant to Section 7.7 of this Act.
| ||
(d) (Blank). | ||
(e) Nothing in this Section shall be construed to prohibit | ||
generic substitution. | ||
(Source: P.A. 100-453, eff. 8-25-17.)
| ||
Section 910-55. The Vital Records Act is amended by | ||
changing Section 1 as follows:
| ||
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
| ||
Sec. 1. As used in this Act, unless the context otherwise | ||
requires:
| ||
(1) "Vital records" means records of births, deaths, fetal | ||
deaths,
marriages, dissolution of marriages, and data related | ||
thereto.
| ||
(2) "System of vital records" includes the registration, | ||
collection,
preservation, amendment, and certification of | ||
vital records, and
activities related thereto.
| ||
(3) "Filing" means the presentation of a certificate, | ||
report, or
other record provided for in this Act, of a birth, | ||
death, fetal death,
adoption, marriage, or dissolution of | ||
marriage, for registration by the Office of Vital
Records.
| ||
(4) "Registration" means the acceptance by the Office of | ||
Vital
Records and the incorporation in its official records of | ||
certificates,
reports, or other records provided for in this | ||
Act, of births, deaths,
fetal deaths, adoptions, marriages, or |
dissolution of marriages.
| ||
(5) "Live birth" means the complete expulsion or extraction | ||
from its
mother of a product of human conception, irrespective | ||
of the duration of
pregnancy, which after such separation | ||
breathes or shows any other
evidence of life such as beating of | ||
the heart, pulsation of the
umbilical cord, or definite | ||
movement of voluntary muscles, whether or
not the umbilical | ||
cord has been cut or the placenta is attached.
| ||
(6) "Fetal death" means death prior to the complete | ||
expulsion or
extraction from the uterus its mother of a product | ||
of human conception,
irrespective of the duration of pregnancy , | ||
and which is not due to an abortion as defined in Section 1-10 | ||
of the Reproductive Health Act. ; The the death is indicated by | ||
the
fact that after such separation the fetus does not breathe | ||
or show any
other evidence of life such as beating of the | ||
heart, pulsation of the
umbilical cord, or definite movement of | ||
voluntary muscles.
| ||
(7) "Dead body" means a lifeless human body or parts of | ||
such body or
bones thereof from the state of which it may | ||
reasonably be concluded
that death has occurred.
| ||
(8) "Final disposition" means the burial, cremation, or | ||
other
disposition of a dead human body or fetus or parts | ||
thereof.
| ||
(9) "Physician" means a person licensed to practice | ||
medicine in
Illinois or any other state.
| ||
(10) "Institution" means any establishment, public or |
private, which
provides in-patient medical, surgical, or | ||
diagnostic care or treatment,
or nursing, custodial, or | ||
domiciliary care to 2 or more unrelated
individuals, or to | ||
which persons are committed by law.
| ||
(11) "Department" means the Department of Public Health of | ||
the State
of Illinois.
| ||
(12) "Director" means the Director of the Illinois | ||
Department of
Public Health.
| ||
(13) "Licensed health care professional" means a person | ||
licensed to practice as a physician, advanced practice | ||
registered nurse, or physician assistant in Illinois or any | ||
other state. | ||
(14) "Licensed mental health professional" means a person | ||
who is licensed or registered to provide mental health services | ||
by the Department of Financial and Professional Regulation or a | ||
board of registration duly authorized to register or grant | ||
licenses to persons engaged in the practice of providing mental | ||
health services in Illinois or any other state. | ||
(15) "Intersex condition" means a condition in which a | ||
person is born with a reproductive or sexual anatomy or | ||
chromosome pattern that does not fit typical definitions of | ||
male or female. | ||
(16) "Homeless person" means an individual who meets the | ||
definition of "homeless" under Section 103 of the federal | ||
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an | ||
individual residing in any of the living situations described |
in 42 U.S.C. 11434a(2). | ||
(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18; | ||
100-863, eff. 8-14-18.)
| ||
Section 910-60. The Environmental Protection Act is | ||
amended by changing Section 56.1 as follows: | ||
(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
| ||
Sec. 56.1. Acts prohibited.
| ||
(A) No person shall:
| ||
(a) Cause or allow the disposal of any potentially | ||
infectious medical
waste. Sharps may be disposed in any | ||
landfill permitted by the Agency under
Section 21 of this | ||
Act to accept municipal waste for disposal, if both:
| ||
(1) the infectious potential has been eliminated | ||
from the sharps by
treatment; and
| ||
(2) the sharps are packaged in accordance with | ||
Board regulations.
| ||
(b) Cause or allow the delivery of any potentially | ||
infectious medical
waste for transport, storage, | ||
treatment, or transfer except in accordance
with Board | ||
regulations.
| ||
(c) Beginning July 1, 1992, cause or allow the delivery | ||
of any
potentially infectious medical waste to a person or | ||
facility for storage,
treatment, or transfer that does not | ||
have a permit issued by the agency to
receive potentially |
infectious medical waste, unless no permit is required
| ||
under subsection (g)(1).
| ||
(d) Beginning July 1, 1992, cause or allow the delivery | ||
or transfer of
any potentially infectious medical waste for | ||
transport unless:
| ||
(1) the transporter has a permit issued by the | ||
Agency to transport
potentially infectious medical | ||
waste, or the transporter is exempt from the
permit | ||
requirement set forth in subsection (f)(l).
| ||
(2) a potentially infectious medical waste | ||
manifest is completed for
the waste if a manifest is | ||
required under subsection (h).
| ||
(e) Cause or allow the acceptance of any potentially | ||
infectious medical
waste for purposes of transport, | ||
storage, treatment, or transfer except in
accordance with | ||
Board regulations.
| ||
(f) Beginning July 1, 1992, conduct any potentially | ||
infectious medical
waste transportation operation:
| ||
(1) Without a permit issued by the Agency to | ||
transport potentially
infectious medical waste. No | ||
permit is required under this provision (f)(1)
for:
| ||
(A) a person transporting potentially | ||
infectious medical waste
generated solely by that | ||
person's activities;
| ||
(B) noncommercial transportation of less than | ||
50 pounds of potentially
infectious medical waste |
at any one
time; or
| ||
(C) the U.S. Postal Service.
| ||
(2) In violation of any condition of any permit | ||
issued by the Agency
under this Act.
| ||
(3) In violation of any regulation adopted by the | ||
Board.
| ||
(4) In violation of any order adopted by the Board | ||
under this Act.
| ||
(g) Beginning July 1, 1992, conduct any potentially | ||
infectious medical
waste treatment, storage, or transfer | ||
operation:
| ||
(1) without a permit issued by the Agency that | ||
specifically
authorizes the treatment, storage, or | ||
transfer of potentially infectious
medical waste. No | ||
permit is required under this subsection (g) or | ||
subsection (d)(1) of Section 21 for any:
| ||
(A) Person conducting a potentially infectious | ||
medical waste
treatment, storage, or transfer | ||
operation for potentially infectious
medical waste | ||
generated by the person's own activities that are | ||
treated,
stored, or transferred within the site | ||
where the potentially infectious
medical waste is | ||
generated.
| ||
(B) Hospital that treats, stores, or transfers | ||
only potentially
infectious medical waste | ||
generated by its own activities or by members of |
its
medical staff.
| ||
(C) Sharps collection station that is operated | ||
in accordance with
Section 56.7.
| ||
(2) in violation of any condition of any permit | ||
issued by the Agency
under this Act.
| ||
(3) in violation of any regulation adopted by the | ||
Board.
| ||
(4) In violation of any order adopted by the Board | ||
under this Act.
| ||
(h) Transport potentially infectious medical waste | ||
unless the
transporter carries a completed potentially | ||
infectious medical waste
manifest. No manifest is required | ||
for the transportation of:
| ||
(1) potentially infectious medical waste being | ||
transported by
generators who generated the waste by | ||
their own activities, when the
potentially infectious | ||
medical waste is transported within or between sites
or | ||
facilities owned, controlled, or operated by that | ||
person;
| ||
(2) less than 50 pounds of potentially infectious | ||
medical waste at
any one time for a noncommercial
| ||
transportation activity; or
| ||
(3) potentially infectious medical waste by the | ||
U.S. Postal Service.
| ||
(i) Offer for transportation, transport, deliver, | ||
receive or accept
potentially infectious medical waste for |
which a manifest is required,
unless the manifest indicates | ||
that the fee required under Section 56.4 of
this Act has | ||
been paid.
| ||
(j) Beginning January 1, 1994, conduct a potentially | ||
infectious medical
waste treatment operation at an | ||
incinerator in existence on the effective
date of this | ||
Title in violation of emission standards established
for | ||
these incinerators under Section 129 of the Clean Air Act | ||
(42 USC 7429),
as amended.
| ||
(k) Beginning July 1, 2015, knowingly mix household | ||
sharps, including, but not limited to, hypodermic, | ||
intravenous, or other medical needles or syringes or other | ||
medical household waste containing used or unused sharps, | ||
including, but not limited to, hypodermic, intravenous, or | ||
other medical needles or syringes or other sharps, with any | ||
other material intended for collection as a recyclable | ||
material by a residential hauler. | ||
(l) Beginning on July 1, 2015, knowingly place | ||
household sharps into a container intended for collection | ||
by a residential hauler for processing at a recycling | ||
center. | ||
(B) In making its orders and determinations relative to
| ||
penalties, if any, to be imposed for violating subdivision | ||
(A)(a) of
this Section, the Board, in addition to the
factors | ||
in Sections 33(c) and 42(h) of this Act, or the Court shall | ||
take into
consideration whether the owner or operator of the |
landfill reasonably relied
on written statements from the | ||
person generating or treating the waste that
the waste is not | ||
potentially infectious medical waste.
| ||
(C) Notwithstanding subsection (A) or any other provision | ||
of law, including the Vital Records Act, tissue and products | ||
from an abortion, as defined in Section 1-10 of the | ||
Reproductive Health Act, or a miscarriage may be buried, | ||
entombed, or cremated. | ||
(Source: P.A. 99-82, eff. 7-20-15 .)
| ||
Section 910-65. The Criminal Code of 2012 is amended by | ||
changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:
| ||
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
| ||
Sec. 9-1.2. Intentional Homicide of an Unborn Child.
| ||
(a) A person
commits the offense of intentional homicide of | ||
an unborn child if, in
performing acts which cause the death of | ||
an unborn child, he without lawful
justification:
| ||
(1) either intended to cause the death of or do great | ||
bodily harm to the
pregnant individual woman or her unborn | ||
child or knew that such acts would cause death
or great | ||
bodily harm to the pregnant individual woman or her unborn | ||
child; or
| ||
(2) knew that his acts created a strong probability of | ||
death or great
bodily harm to the pregnant individual woman | ||
or her unborn child; and
|
(3) knew that the individual woman was pregnant.
| ||
(b) For purposes of this Section, (1) "unborn child" shall | ||
mean any
individual of the human species from the implantation | ||
of an embryo fertilization until birth, and (2)
"person" shall | ||
not include the pregnant woman whose unborn child is killed.
| ||
(c) This Section shall not apply to acts which cause the | ||
death of an
unborn child if those acts were committed during | ||
any abortion, as defined
in Section 1-10 of the Reproductive | ||
Health Act, Section 2 of the Illinois Abortion Law of 1975, as | ||
amended, to which the
pregnant individual woman has consented. | ||
This Section shall not apply to acts which
were committed | ||
pursuant to usual and customary standards of medical
practice | ||
during diagnostic testing or therapeutic treatment.
| ||
(d) Penalty. The sentence for intentional homicide of an | ||
unborn child
shall be the same as for first degree murder, | ||
except that:
| ||
(1) the death penalty may not be imposed;
| ||
(2) if the person committed the offense while armed | ||
with a firearm, 15
years shall be added to the term of | ||
imprisonment imposed by the court;
| ||
(3) if, during the commission of the offense, the | ||
person personally
discharged a firearm, 20 years shall be | ||
added to the term of imprisonment
imposed by the court;
| ||
(4) if, during the commission of the offense, the | ||
person personally
discharged a firearm that proximately | ||
caused great bodily harm, permanent
disability, permanent |
disfigurement, or death to another person, 25 years or up
| ||
to a term of natural life shall be added to the term of | ||
imprisonment imposed by
the court.
| ||
(e) The provisions of this Act shall not be construed to | ||
prohibit the
prosecution of any person under any other | ||
provision of law.
| ||
(Source: P.A. 96-1000, eff. 7-2-10.)
| ||
(720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
| ||
Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a) | ||
A person
who kills an unborn child without lawful justification | ||
commits voluntary
manslaughter of an unborn child if at the | ||
time of the killing he is acting
under a sudden and
intense | ||
passion resulting from serious provocation by
another whom the | ||
offender endeavors to kill, but he negligently or
accidentally | ||
causes the death of the unborn child.
| ||
Serious provocation is conduct sufficient to excite an | ||
intense passion in
a reasonable person.
| ||
(b) A person who intentionally or knowingly kills an unborn | ||
child
commits voluntary manslaughter of an unborn child if at | ||
the time of the
killing he believes the circumstances to be | ||
such that, if they existed,
would justify or exonerate the | ||
killing under the principles stated in
Article 7 of this Code, | ||
but his belief is unreasonable.
| ||
(c) Sentence.
Voluntary Manslaughter of an unborn child is | ||
a Class 1 felony.
|
(d) For purposes of this Section, (1) "unborn child" shall | ||
mean any
individual of the human species from the implantation | ||
of an embryo fertilization until birth, and (2)
"person" shall | ||
not include the pregnant individual woman whose unborn child is | ||
killed.
| ||
(e) This Section shall not apply to acts which cause the | ||
death of an
unborn child if those acts were committed during | ||
any abortion, as defined
in Section 1-10 of the Reproductive | ||
Health Act, Section 2 of the Illinois Abortion Law of 1975, as | ||
amended, to which the
pregnant individual woman has
consented. | ||
This Section shall not apply to acts which were committed
| ||
pursuant to usual and customary standards of medical practice | ||
during
diagnostic testing or therapeutic treatment.
| ||
(Source: P.A. 84-1414.)
| ||
(720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
| ||
Sec. 9-3.2.
Involuntary Manslaughter and Reckless Homicide | ||
of an
Unborn Child. (a) A person who unintentionally kills an | ||
unborn child
without lawful justification commits involuntary | ||
manslaughter of an unborn
child if his acts whether lawful or | ||
unlawful which cause the death are such
as are likely to cause | ||
death or great bodily harm to some individual, and
he performs | ||
them recklessly, except in cases in which the cause of death
| ||
consists of the driving of a motor vehicle, in which case the | ||
person
commits reckless homicide of an unborn child.
| ||
(b) Sentence.
|
(1) Involuntary manslaughter of an unborn child is a Class | ||
3 felony.
| ||
(2) Reckless homicide of an unborn child is a Class 3 | ||
felony.
| ||
(c) For purposes of this Section, (1) "unborn child" shall | ||
mean any
individual of the human species from the implantation | ||
of an embryo fertilization until birth, and (2)
"person" shall | ||
not include the pregnant individual woman whose unborn child is | ||
killed.
| ||
(d) This Section shall not apply to acts which cause the | ||
death of an
unborn child if those acts were committed during | ||
any abortion, as defined
in Section 1-10 of the Reproductive | ||
Health Act, Section 2 of the Illinois Abortion Law of 1975, as | ||
amended , to which the
pregnant individual woman has
consented. | ||
This Section shall not apply to acts which were committed
| ||
pursuant to usual and customary standards of medical practice | ||
during
diagnostic testing or therapeutic treatment.
| ||
(e) The provisions of this Section shall not be construed | ||
to prohibit
the prosecution of any person under any other | ||
provision of law, nor shall
it be construed to preclude any | ||
civil cause of action.
| ||
(Source: P.A. 84-1414.)
| ||
(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
| ||
Sec. 12-3.1. Battery of an unborn child; aggravated battery | ||
of an unborn child. |
(a) A person commits battery
of an unborn child if he or | ||
she knowingly without legal
justification and by any means | ||
causes bodily harm to an unborn child.
| ||
(a-5) A person commits aggravated battery of an unborn | ||
child when, in committing a battery of an unborn child, he or | ||
she knowingly causes great bodily harm or permanent disability | ||
or disfigurement to an unborn child. | ||
(b) For purposes of this Section, (1) "unborn child" shall | ||
mean any
individual of the human species from the implantation | ||
of an embryo fertilization until birth, and (2)
"person" shall | ||
not include the pregnant individual woman whose unborn child is | ||
harmed.
| ||
(c) Sentence. Battery of an unborn child is a Class A | ||
misdemeanor. Aggravated battery of an unborn child is a Class 2 | ||
felony.
| ||
(d) This Section shall not apply to acts which cause bodily | ||
harm to an
unborn child if those acts were committed during any | ||
abortion, as defined
in Section 1-10 of the Reproductive Health | ||
Act, Section 2 of the Illinois Abortion Law of 1975, as | ||
amended, to which the
pregnant individual woman has
consented. | ||
This Section shall not apply to acts which were committed
| ||
pursuant to usual and customary standards of medical practice | ||
during
diagnostic testing or therapeutic treatment.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 910-70. The Code of Civil Procedure is amended by |
changing Section 8-802 as follows:
| ||
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| ||
Sec. 8-802. Physician and patient. No physician or surgeon | ||
shall be
permitted to disclose any information he or she may | ||
have acquired in
attending any patient in a professional | ||
character, necessary to enable him
or her professionally to | ||
serve the patient, except only (1) in trials for
homicide when | ||
the disclosure relates directly to the fact or immediate
| ||
circumstances of the homicide, (2) in actions, civil or | ||
criminal, against
the physician for malpractice, (3) with the | ||
expressed consent of the
patient, or in case of his or her | ||
death or disability, of his or her
personal representative or | ||
other person authorized to sue for personal
injury or of the | ||
beneficiary of an insurance policy on his or her life,
health, | ||
or physical condition, or as authorized by Section 8-2001.5, | ||
(4) in all actions brought by or against the
patient, his or | ||
her personal representative, a beneficiary under a policy
of | ||
insurance, or the executor or administrator of his or her | ||
estate wherein
the patient's physical or mental condition is an | ||
issue, (5) upon an issue
as to the validity of a document as a | ||
will of the patient, (6) (blank) in any
criminal action where | ||
the charge is either first degree murder by abortion,
attempted | ||
abortion or abortion , (7) in actions, civil or criminal, | ||
arising
from the filing of a report in compliance with the | ||
Abused and Neglected
Child Reporting Act, (8) to any |
department, agency, institution
or facility which has custody | ||
of the patient pursuant to State statute
or any court order of | ||
commitment, (9) in prosecutions where written
results of blood | ||
alcohol tests are admissible pursuant to Section 11-501.4
of | ||
the Illinois Vehicle Code, (10) in prosecutions where written
| ||
results of blood alcohol tests are admissible under Section | ||
5-11a of the
Boat Registration and Safety Act,
(11) in criminal | ||
actions arising from the filing of a report of suspected
| ||
terrorist offense in compliance with Section 29D-10(p)(7) of | ||
the Criminal Code
of 2012, (12) upon the issuance of a subpoena | ||
pursuant to Section 38 of the Medical Practice Act of 1987; the | ||
issuance of a subpoena pursuant to Section 25.1 of the Illinois | ||
Dental Practice Act; the issuance of a subpoena pursuant to | ||
Section 22 of the Nursing Home Administrators Licensing and | ||
Disciplinary Act; or the issuance of a subpoena pursuant to | ||
Section 25.5 of the Workers' Compensation Act, (13) upon the | ||
issuance of a grand jury subpoena pursuant to Article 112 of | ||
the Code of Criminal Procedure of 1963, or (14) to or through a | ||
health information exchange, as that term is defined in Section | ||
2 of the Mental Health and Developmental Disabilities | ||
Confidentiality Act, in accordance with State or federal law. | ||
Upon disclosure under item (13) of this Section, in any | ||
criminal action where the charge is domestic battery, | ||
aggravated domestic battery, or an offense under Article 11 of | ||
the Criminal Code of 2012 or where the patient is under the age | ||
of 18 years or upon the request of the patient, the State's |
Attorney shall petition the court for a protective order | ||
pursuant to Supreme Court Rule 415.
| ||
In the event of a conflict between the application of this | ||
Section
and the Mental Health and Developmental Disabilities | ||
Confidentiality
Act to a specific situation, the provisions of | ||
the Mental Health and
Developmental Disabilities | ||
Confidentiality Act shall control.
| ||
(Source: P.A. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | ||
eff. 7-20-15.)
| ||
Section 910-73. The Health Care Right of Conscience Act is | ||
amended by changing Section 3 as follows:
| ||
(745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
| ||
Sec. 3. Definitions. As used in this Act, unless the | ||
context clearly
otherwise
requires:
| ||
(a) "Health care" means any phase of patient care, | ||
including
but
not limited to, testing; diagnosis; | ||
prognosis; ancillary research;
instructions; family | ||
planning, counselling, referrals, or any other
advice in | ||
connection with the use or procurement of contraceptives | ||
and
sterilization or abortion procedures; medication; or | ||
surgery or other
care or treatment rendered by a physician | ||
or physicians, nurses,
paraprofessionals or health care | ||
facility, intended for the
physical,
emotional, and mental | ||
well-being of persons; or an abortion as defined by the |
Reproductive Health Act;
| ||
(b) "Physician" means any person who is licensed by the | ||
State of Illinois under the
Medical Practice Act of 1987;
| ||
(c) "Health care personnel" means any nurse, nurses'
| ||
aide, medical school
student, professional, | ||
paraprofessional or any other person who
furnishes, or | ||
assists in the furnishing of, health care
services;
| ||
(d) "Health care facility" means any public or private
| ||
hospital, clinic,
center, medical school, medical training | ||
institution, laboratory or
diagnostic
facility, | ||
physician's office, infirmary, dispensary, ambulatory | ||
surgical
treatment center or other institution or location | ||
wherein health care
services are provided to any person, | ||
including physician organizations and
associations, | ||
networks, joint ventures, and all
other combinations of | ||
those organizations;
| ||
(e) "Conscience" means a sincerely held set of moral | ||
convictions
arising from belief in and relation to God, or | ||
which, though not so
derived, arises from a place in the | ||
life of its possessor
parallel to
that filled by God among | ||
adherents to religious faiths;
| ||
(f) "Health care payer" means a health maintenance | ||
organization, insurance
company, management services | ||
organization, or any other entity that pays for
or arranges | ||
for the payment of any health care or medical care service,
| ||
procedure, or product; and
|
(g) "Undue delay" means unreasonable delay that causes | ||
impairment of the patient's health. | ||
The above definitions include not only the traditional | ||
combinations and forms
of these persons and organizations but | ||
also all new and emerging forms and
combinations of these | ||
persons and organizations.
| ||
(Source: P.A. 99-690, eff. 1-1-17 .)
| ||
Section 910-75. The Rights of Married Persons Act is | ||
amended by changing Section 15 as follows:
| ||
(750 ILCS 65/15) (from Ch. 40, par. 1015)
| ||
Sec. 15.
(a)(1) The expenses of the family and of the | ||
education of the children
shall be chargeable upon the property | ||
of both husband and wife, or of
either of them, in favor of | ||
creditors therefor, and in relation thereto
they may be sued | ||
jointly or separately.
| ||
(2) No creditor, who has a claim against a spouse or former | ||
spouse for an expense
incurred by that spouse or former spouse | ||
which is not a family expense, shall maintain an
action against | ||
the other spouse or former spouse for that expense except:
| ||
(A) an expense for which the other spouse or former spouse | ||
agreed, in
writing, to be liable; or
| ||
(B) an expense for goods or merchandise purchased by or in | ||
the
possession of the other spouse or former spouse, or for | ||
services ordered by
the other spouse or former spouse.
|
(3) Any creditor who maintains an action in violation of | ||
this subsection
(a) for an expense other than a family expense | ||
against
a spouse or former spouse other than the
spouse or | ||
former spouse
who incurred the expense, shall be liable to the | ||
other spouse
or former spouse for his or her costs, expenses | ||
and attorney's fees
incurred in defending the action.
| ||
(4) No creditor shall, with respect to any claim against a | ||
spouse or former spouse for
which the creditor is prohibited | ||
under this subsection (a) from maintaining
an action against | ||
the other spouse or former spouse, engage in any collection | ||
efforts
against the other spouse or former spouse, including, | ||
but not limited to,
informal or formal
collection attempts, | ||
referral of the claim to a collector or collection
agency for | ||
collection from the other spouse or former spouse, or making | ||
any
representation to a credit
reporting agency that the other | ||
spouse or former spouse is any way liable
for payment of the | ||
claim.
| ||
(b) (Blank). No spouse shall be liable for any expense | ||
incurred by the other spouse
when an abortion is performed on | ||
such spouse, without the consent of such
other spouse, unless | ||
the physician who performed the abortion certifies
that such | ||
abortion is necessary to preserve the life of the spouse who | ||
obtained
such abortion.
| ||
(c) (Blank). No parent shall be liable for any expense | ||
incurred by his or her minor
child when an abortion is | ||
performed on such minor child without the consent
of both |
parents of such child, if they both have custody, or the parent
| ||
having custody, or legal guardian of such child, unless the | ||
physician who
performed the abortion certifies that such | ||
abortion is necessary to preserve
the life of the minor child | ||
who obtained such abortion.
| ||
(Source: P.A. 86-689.)
| ||
Section 910-995. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by | ||
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that text | ||
does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act. | ||
Article 999. EFFECTIVE DATE | ||
Section 999-999. Effective date. This Act takes effect upon | ||
becoming law. |