Bill Text: IL HB2495 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Reproductive Health Act. Provides that every individual has a fundamental right to make autonomous decisions about one's own reproductive health. Provides that 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. Provides that a fertilized egg, embryo, or fetus does not have independent rights under the law, of this State. Provides prohibited State actions. Provides that a party aggrieved by a violation of the Act may bring a civil lawsuit. Provides that a health care professional shall report each abortion performed to the Department of Public Health. Limits home rule powers. Repeals provisions regarding abortion in the Ambulatory Surgical Treatment Center Act, the Sexual Assault Survivors Emergency Treatment Act, and the Injunction Article of the Code of Civil Procedure. Repeals the Illinois Abortion Law of 1975, the Partial-birth Abortion Ban Act, and the Abortion Performance Refusal Act. Makes corresponding changes in the Children and Family Services Act, the Counties Code, the Medical Practice Act of 1987, the Vital Records Act, the Criminal Code of 2012, and the Rights of Married Persons Act. Amends the Freedom of Information Act. Provides that information and records held by the Department collected under the Reproductive Health Act is exempt from inspection and copying. Amends the Ambulatory Surgical Treatment Center Act. Provides that that term "ambulatory surgical treatment center" does not include any facility in which the performance of abortion procedures is limited to those performed without general, epidural, or spinal anesthesia. Amends the Illinois Insurance Code. Provides insurance requirements for the coverage of abortion. Makes corresponding changes in the State Employees Group Insurance Act, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Amends the Nurse Practice Act. Provides that operative surgery does not include abortions performed without general, epidural, or spinal anesthesia, and other gynecological procedures related to abortions. Amends the Environmental Act. Provides that tissue and products from an abortion or miscarriage may be buried, entombed, or cremated. Effective immediately.

Spectrum: Partisan Bill (Democrat 40-0)

Status: (Introduced) 2019-05-23 - Removed Co-Sponsor Rep. Martin J. Moylan [HB2495 Detail]

Download: Illinois-2019-HB2495-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2495

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:
See Index

Creates the Reproductive Health Act. Provides that every individual has a fundamental right to make autonomous decisions about one's own reproductive health. Provides that 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. Provides that a fertilized egg, embryo, or fetus does not have independent rights under the law, of this State. Provides prohibited State actions. Provides that a party aggrieved by a violation of the Act may bring a civil lawsuit. Provides that a health care professional shall report each abortion performed to the Department of Public Health. Limits home rule powers. Repeals provisions regarding abortion in the Ambulatory Surgical Treatment Center Act, the Sexual Assault Survivors Emergency Treatment Act, and the Injunction Article of the Code of Civil Procedure. Repeals the Illinois Abortion Law of 1975, the Partial-birth Abortion Ban Act, and the Abortion Performance Refusal Act. Makes corresponding changes in the Children and Family Services Act, the Counties Code, the Medical Practice Act of 1987, the Vital Records Act, the Criminal Code of 2012, and the Rights of Married Persons Act. Amends the Freedom of Information Act. Provides that information and records held by the Department collected under the Reproductive Health Act is exempt from inspection and copying. Amends the Ambulatory Surgical Treatment Center Act. Provides that that term "ambulatory surgical treatment center" does not include any facility in which the performance of abortion procedures is limited to those performed without general, epidural, or spinal anesthesia. Amends the Illinois Insurance Code. Provides insurance requirements for the coverage of abortion. Makes corresponding changes in the State Employees Group Insurance Act, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Amends the Nurse Practice Act. Provides that operative surgery does not include abortions performed without general, epidural, or spinal anesthesia, and other gynecological procedures related to abortions. Amends the Environmental Act. Provides that tissue and products from an abortion or miscarriage may be buried, entombed, or cremated. Effective immediately.
LRB101 11034 LNS 56235 b

A BILL FOR

HB2495LRB101 11034 LNS 56235 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
Article 1. REPRODUCTIVE HEALTH ACT
5 Section 1-1. Short title. This Act may be cited as the
6Reproductive Health Act.
7 Section 1-5. Scope. This Act sets forth the fundamental
8rights of individuals to make autonomous decisions about one's
9own reproductive health, including the fundamental right to use
10or refuse reproductive health care. This includes the
11fundamental right of an individual to use or refuse
12contraception or sterilization, and to make autonomous
13decisions about how to exercise that right; and the fundamental
14right of an individual who becomes pregnant to continue the
15pregnancy and give birth to a child, or to have an abortion,
16and to make autonomous decisions about how to exercise that
17right. This Act restricts the ability of the State to deny,
18interfere with, or discriminate against these fundamental
19rights.
20 The purposes of this Act are:
21 (1) To establish laws and policies that protect
22 individual decision-making in the area of reproductive

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1 health and that support access to the full scope of quality
2 reproductive health care for all in our State; and
3 (2) To permit regulation of reproductive health care,
4 including contraception, abortion, and maternity care,
5 only to the extent that such regulation is narrowly
6 tailored to protect a compelling State interest, which for
7 the purposes of this Act means: consistent with accepted
8 standards of clinical practice, evidence based, and
9 narrowly tailored for the limited purpose of protecting the
10 health of people seeking such care and in the manner that
11 least restricts a person's autonomous decision-making.
12 Section 1-10. Definitions. As used in this Act:
13 "Abortion" means the use of any instrument, medicine, drug,
14or any other substance or device to terminate the pregnancy of
15an individual known to be pregnant with an intention other than
16to increase the probability of a live birth, to preserve the
17life or health of the child after live birth, or to remove a
18dead fetus.
19 "Advanced practice registered nurse" has the same meaning
20as it does in Section 50-10 of the Nurse Practice Act.
21 "Department" means the Illinois Department of Public
22Health.
23 "Health care professional" means a person who is licensed,
24certified, or otherwise authorized or permitted by law to
25administer health care, acting within the scope of the person's

HB2495- 3 -LRB101 11034 LNS 56235 b
1practice and training, including, but not limited to, a
2physician, advanced practice registered nurse, physician
3assistant, or person acting under the supervision of one of the
4above. A health care professional may, using the health care
5professional's best clinical judgment, delegate tasks and
6duties to a person under the health care professional's
7supervision, consistent with the delegee's scope of practice
8and training.
9 "Maternity care" means the health care provided in relation
10to pregnancy, labor and childbirth, and the postpartum period,
11and includes prenatal care, care during labor and birthing, and
12postpartum care extending through one-year postpartum.
13Maternity care shall be of high quality, seek to optimize
14positive outcomes for the patient, and be provided on the basis
15of the physical and psychosocial needs of the patient.
16Notwithstanding any of the above, all care shall be subject to
17the informed and voluntary consent of the patient, or the
18patient's legal proxy, when the patient is unable to give
19consent.
20 "Physician" means any person licensed to practice medicine
21in all its branches under the Medical Practice Act of 1987.
22 "Physician assistant" has the same meaning as it does in
23Section 4 of the Physician Assistant Practice Act of 1987.
24 "Pregnancy" means the human reproductive process,
25beginning with the implantation of an embryo.
26 "Prevailing party" has the same meaning as in the Illinois

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1Civil Rights Act of 2003.
2 "Reproductive health care" means health care offered,
3arranged, or furnished for the purpose of preventing pregnancy,
4terminating a pregnancy, managing pregnancy loss, or improving
5maternal health and birth outcomes. Reproductive health care
6includes, but is not limited to: contraception; sterilization;
7preconception care; maternity care; abortion care; and
8counseling regarding reproductive health care.
9 "State" includes any branch, department, agency,
10instrumentality, and official or other person acting under
11color of law of this State or a political subdivision of the
12State, including any unit of local government (including a home
13rule unit), school district, instrumentality, or public
14subdivision.
15 Section 1-15. Fundamental reproductive health rights.
16 (a) Every individual has a fundamental right to make
17autonomous decisions about the individual's own reproductive
18health, including the fundamental right to use or refuse
19reproductive health care.
20 (b) Every individual who becomes pregnant has a fundamental
21right to continue the pregnancy and give birth or to have an
22abortion, and to make autonomous decisions about how to
23exercise that right.
24 (c) A fertilized egg, embryo, or fetus does not have
25independent rights under the laws of this State.

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1 Section 1-20. Prohibited state actions; causes of action.
2 (a)The State shall not:
3 (1) deny, restrict, interfere with, or discriminate
4 against an individual's exercise of the fundamental rights
5 set forth in this Act, including individuals under State
6 custody, control, or supervision; or
7 (2) prosecute, punish, or otherwise deprive any
8 individual of the individual's rights for any act or
9 failure to act during the individual's own pregnancy, if
10 the predominant basis for such prosecution, punishment, or
11 deprivation of rights is the potential, actual, or
12 perceived impact on the pregnancy or its outcomes or on the
13 pregnant individual's own health.
14 (b) Any party aggrieved by conduct or regulation in
15violation of this Act may bring a civil lawsuit, in a federal
16district court or State circuit court, against the offending
17unit of government. Any State claim brought in federal district
18court shall be a supplemental claim to a federal claim.
19 (c) Upon motion, a court shall award reasonable attorney's
20fees and costs, including expert witness fees and other
21litigation expenses, to a plaintiff who is a prevailing party
22in any action brought pursuant to this Section. In awarding
23reasonable attorney's fees, the court shall consider the degree
24to which the relief obtained relates to the relief sought.

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1 Section 1-25. Reporting of abortions performed by health
2care professionals.
3 (a) A health care professional may provide abortion care in
4accordance with the health care professional's best
5professional judgment and training and based on accepted
6standards of clinical practice.
7 (b) A report of each abortion performed by a health care
8professional shall be made to the Department on forms
9prescribed by it. Such reports shall be transmitted to the
10Department not later than 10 days following the end of the
11month in which the abortion is performed.
12 (c) The abortion reporting forms prescribed by the
13Department shall not request or require information that
14identifies a patient by name or any other identifying
15information, and the Department shall secure anonymity of all
16patients.
17 (d) All reports received by the Department pursuant to this
18Section shall be treated as confidential and exempt from the
19Freedom of Information Act. Access to such reports shall be
20limited to authorized Department staff who shall use the
21reports for statistical purposes only. Such reports must be
22destroyed within 2 years after date of receipt.
23 Section 1-30. Application.
24 (a) This Act applies to all State laws, ordinances,
25policies, procedures, practices, and governmental actions and

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1their implementation, whether statutory or otherwise and
2whether adopted before or after the effective date of this Act.
3 (b) Nothing in this Act shall be construed to authorize the
4State to burden any individual's fundamental rights relating to
5reproductive health care.
6 Section 1-35. Home rule powers limitation. A unit of local
7government may enact ordinances, standards, rules, or
8regulations that protect an individual's ability to freely
9exercise the fundamental rights set forth in this Act in a
10manner or to an extent equal to or greater than the protection
11provided in this Act. A unit of local government may not
12regulate an individual's ability to freely exercise the
13fundamental rights set forth in this Act in a manner more
14restrictive than that set forth in this Act. This Section is a
15limitation under subsection (i) of Section 6 of Article VII of
16the Illinois Constitution on the concurrent exercise by home
17rule units of powers and functions exercised by the State.
18 Section 1-97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
20
Article 905. REPEALS
21 (210 ILCS 5/6.1 rep.)
22 Section 905-5. The Ambulatory Surgical Treatment Center

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1Act is amended by repealing Section 6.1.
2 (410 ILCS 70/9 rep.)
3 Section 905-10. The Sexual Assault Survivors Emergency
4Treatment Act is amended by repealing Section 9.
5 (720 ILCS 510/Act rep.)
6 Section 905-15. The Illinois Abortion Law of 1975 is
7repealed.
8 (720 ILCS 513/Act rep.)
9 Section 905-20. The Partial-birth Abortion Ban Act is
10repealed.
11 (735 ILCS 5/11-107.1 rep.)
12 Section 905-25. The Code of Civil Procedure is amended by
13repealing Section 11-107.1.
14 (745 ILCS 30/Act rep.)
15 Section 905-30. The Abortion Performance Refusal Act is
16repealed.
17
Article 910. AMENDMENTS
18 Section 910-5. The State Employees Group Insurance Act of
191971 is amended by changing Section 6.11 as follows:

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1 (5 ILCS 375/6.11)
2 (Text of Section before amendment by P.A. 100-1170)
3 Sec. 6.11. Required health benefits; Illinois Insurance
4Code requirements. The program of health benefits shall provide
5the post-mastectomy care benefits required to be covered by a
6policy of accident and health insurance under Section 356t of
7the Illinois Insurance Code. The program of health benefits
8shall provide the coverage required under Sections 356g,
9356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
10356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
11356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, and
12356z.26, and 356z.29, and 356z.32 of the Illinois Insurance
13Code. The program of health benefits must comply with Sections
14155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 of the
15Illinois Insurance Code. The Department of Insurance shall
16enforce the requirements of this Section.
17 Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
24100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
251-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised

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11-8-19.)
2 (Text of Section after amendment by P.A. 100-1170)
3 Sec. 6.11. Required health benefits; Illinois Insurance
4Code requirements. The program of health benefits shall provide
5the post-mastectomy care benefits required to be covered by a
6policy of accident and health insurance under Section 356t of
7the Illinois Insurance Code. The program of health benefits
8shall provide the coverage required under Sections 356g,
9356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
10356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
11356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,
12356z.29, and 356z.32 of the Illinois Insurance Code. The
13program of health benefits must comply with Sections 155.22a,
14155.37, 355b, 356z.19, 370c, and 370c.1 of the Illinois
15Insurance Code. The Department of Insurance shall enforce the
16requirements of this Section with respect to Sections 370c and
17370c.1 of the Illinois Insurance Code; all other requirements
18of this Section shall be enforced by the Department of Central
19Management Services.
20 Rulemaking authority to implement Public Act 95-1045, if
21any, is conditioned on the rules being adopted in accordance
22with all provisions of the Illinois Administrative Procedure
23Act and all rules and procedures of the Joint Committee on
24Administrative Rules; any purported rule not so adopted, for
25whatever reason, is unauthorized.

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1(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
2100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1024, eff.
31-1-19; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19;
4100-1170, eff. 6-1-19.)
5 Section 910-10. The Children and Family Services Act is
6amended by changing Section 5 as follows:
7 (20 ILCS 505/5) (from Ch. 23, par. 5005)
8 Sec. 5. Direct child welfare services; Department of
9Children and Family Services. To provide direct child welfare
10services when not available through other public or private
11child care or program facilities.
12 (a) For purposes of this Section:
13 (1) "Children" means persons found within the State who
14 are under the age of 18 years. The term also includes
15 persons under age 21 who:
16 (A) were committed to the Department pursuant to
17 the Juvenile Court Act or the Juvenile Court Act of
18 1987, as amended, prior to the age of 18 and who
19 continue under the jurisdiction of the court; or
20 (B) were accepted for care, service and training by
21 the Department prior to the age of 18 and whose best
22 interest in the discretion of the Department would be
23 served by continuing that care, service and training
24 because of severe emotional disturbances, physical

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1 disability, social adjustment or any combination
2 thereof, or because of the need to complete an
3 educational or vocational training program.
4 (2) "Homeless youth" means persons found within the
5 State who are under the age of 19, are not in a safe and
6 stable living situation and cannot be reunited with their
7 families.
8 (3) "Child welfare services" means public social
9 services which are directed toward the accomplishment of
10 the following purposes:
11 (A) protecting and promoting the health, safety
12 and welfare of children, including homeless, dependent
13 or neglected children;
14 (B) remedying, or assisting in the solution of
15 problems which may result in, the neglect, abuse,
16 exploitation or delinquency of children;
17 (C) preventing the unnecessary separation of
18 children from their families by identifying family
19 problems, assisting families in resolving their
20 problems, and preventing the breakup of the family
21 where the prevention of child removal is desirable and
22 possible when the child can be cared for at home
23 without endangering the child's health and safety;
24 (D) restoring to their families children who have
25 been removed, by the provision of services to the child
26 and the families when the child can be cared for at

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1 home without endangering the child's health and
2 safety;
3 (E) placing children in suitable adoptive homes,
4 in cases where restoration to the biological family is
5 not safe, possible or appropriate;
6 (F) assuring safe and adequate care of children
7 away from their homes, in cases where the child cannot
8 be returned home or cannot be placed for adoption. At
9 the time of placement, the Department shall consider
10 concurrent planning, as described in subsection (l-1)
11 of this Section so that permanency may occur at the
12 earliest opportunity. Consideration should be given so
13 that if reunification fails or is delayed, the
14 placement made is the best available placement to
15 provide permanency for the child;
16 (G) (blank);
17 (H) (blank); and
18 (I) placing and maintaining children in facilities
19 that provide separate living quarters for children
20 under the age of 18 and for children 18 years of age
21 and older, unless a child 18 years of age is in the
22 last year of high school education or vocational
23 training, in an approved individual or group treatment
24 program, in a licensed shelter facility, or secure
25 child care facility. The Department is not required to
26 place or maintain children:

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1 (i) who are in a foster home, or
2 (ii) who are persons with a developmental
3 disability, as defined in the Mental Health and
4 Developmental Disabilities Code, or
5 (iii) who are female children who are
6 pregnant, pregnant and parenting or parenting, or
7 (iv) who are siblings, in facilities that
8 provide separate living quarters for children 18
9 years of age and older and for children under 18
10 years of age.
11 (b) (Blank). Nothing in this Section shall be construed to
12authorize the expenditure of public funds for the purpose of
13performing abortions.
14 (c) The Department shall establish and maintain
15tax-supported child welfare services and extend and seek to
16improve voluntary services throughout the State, to the end
17that services and care shall be available on an equal basis
18throughout the State to children requiring such services.
19 (d) The Director may authorize advance disbursements for
20any new program initiative to any agency contracting with the
21Department. As a prerequisite for an advance disbursement, the
22contractor must post a surety bond in the amount of the advance
23disbursement and have a purchase of service contract approved
24by the Department. The Department may pay up to 2 months
25operational expenses in advance. The amount of the advance
26disbursement shall be prorated over the life of the contract or

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1the remaining months of the fiscal year, whichever is less, and
2the installment amount shall then be deducted from future
3bills. Advance disbursement authorizations for new initiatives
4shall not be made to any agency after that agency has operated
5during 2 consecutive fiscal years. The requirements of this
6Section concerning advance disbursements shall not apply with
7respect to the following: payments to local public agencies for
8child day care services as authorized by Section 5a of this
9Act; and youth service programs receiving grant funds under
10Section 17a-4.
11 (e) (Blank).
12 (f) (Blank).
13 (g) The Department shall establish rules and regulations
14concerning its operation of programs designed to meet the goals
15of child safety and protection, family preservation, family
16reunification, and adoption, including but not limited to:
17 (1) adoption;
18 (2) foster care;
19 (3) family counseling;
20 (4) protective services;
21 (5) (blank);
22 (6) homemaker service;
23 (7) return of runaway children;
24 (8) (blank);
25 (9) placement under Section 5-7 of the Juvenile Court
26 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

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1 Court Act of 1987 in accordance with the federal Adoption
2 Assistance and Child Welfare Act of 1980; and
3 (10) interstate services.
4 Rules and regulations established by the Department shall
5include provisions for training Department staff and the staff
6of Department grantees, through contracts with other agencies
7or resources, in screening techniques to identify substance use
8disorders, as defined in the Substance Use Disorder Act,
9approved by the Department of Human Services, as a successor to
10the Department of Alcoholism and Substance Abuse, for the
11purpose of identifying children and adults who should be
12referred for an assessment at an organization appropriately
13licensed by the Department of Human Services for substance use
14disorder treatment.
15 (h) If the Department finds that there is no appropriate
16program or facility within or available to the Department for a
17youth in care and that no licensed private facility has an
18adequate and appropriate program or none agrees to accept the
19youth in care, the Department shall create an appropriate
20individualized, program-oriented plan for such youth in care.
21The plan may be developed within the Department or through
22purchase of services by the Department to the extent that it is
23within its statutory authority to do.
24 (i) Service programs shall be available throughout the
25State and shall include but not be limited to the following
26services:

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1 (1) case management;
2 (2) homemakers;
3 (3) counseling;
4 (4) parent education;
5 (5) day care; and
6 (6) emergency assistance and advocacy.
7 In addition, the following services may be made available
8to assess and meet the needs of children and families:
9 (1) comprehensive family-based services;
10 (2) assessments;
11 (3) respite care; and
12 (4) in-home health services.
13 The Department shall provide transportation for any of the
14services it makes available to children or families or for
15which it refers children or families.
16 (j) The Department may provide categories of financial
17assistance and education assistance grants, and shall
18establish rules and regulations concerning the assistance and
19grants, to persons who adopt children with physical or mental
20disabilities, children who are older, or other hard-to-place
21children who (i) immediately prior to their adoption were youth
22in care or (ii) were determined eligible for financial
23assistance with respect to a prior adoption and who become
24available for adoption because the prior adoption has been
25dissolved and the parental rights of the adoptive parents have
26been terminated or because the child's adoptive parents have

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1died. The Department may continue to provide financial
2assistance and education assistance grants for a child who was
3determined eligible for financial assistance under this
4subsection (j) in the interim period beginning when the child's
5adoptive parents died and ending with the finalization of the
6new adoption of the child by another adoptive parent or
7parents. The Department may also provide categories of
8financial assistance and education assistance grants, and
9shall establish rules and regulations for the assistance and
10grants, to persons appointed guardian of the person under
11Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
124-25, or 5-740 of the Juvenile Court Act of 1987 for children
13who were youth in care for 12 months immediately prior to the
14appointment of the guardian.
15 The amount of assistance may vary, depending upon the needs
16of the child and the adoptive parents, as set forth in the
17annual assistance agreement. Special purpose grants are
18allowed where the child requires special service but such costs
19may not exceed the amounts which similar services would cost
20the Department if it were to provide or secure them as guardian
21of the child.
22 Any financial assistance provided under this subsection is
23inalienable by assignment, sale, execution, attachment,
24garnishment, or any other remedy for recovery or collection of
25a judgment or debt.
26 (j-5) The Department shall not deny or delay the placement

HB2495- 19 -LRB101 11034 LNS 56235 b
1of a child for adoption if an approved family is available
2either outside of the Department region handling the case, or
3outside of the State of Illinois.
4 (k) The Department shall accept for care and training any
5child who has been adjudicated neglected or abused, or
6dependent committed to it pursuant to the Juvenile Court Act or
7the Juvenile Court Act of 1987.
8 (l) The Department shall offer family preservation
9services, as defined in Section 8.2 of the Abused and Neglected
10Child Reporting Act, to help families, including adoptive and
11extended families. Family preservation services shall be
12offered (i) to prevent the placement of children in substitute
13care when the children can be cared for at home or in the
14custody of the person responsible for the children's welfare,
15(ii) to reunite children with their families, or (iii) to
16maintain an adoptive placement. Family preservation services
17shall only be offered when doing so will not endanger the
18children's health or safety. With respect to children who are
19in substitute care pursuant to the Juvenile Court Act of 1987,
20family preservation services shall not be offered if a goal
21other than those of subdivisions (A), (B), or (B-1) of
22subsection (2) of Section 2-28 of that Act has been set, except
23that reunification services may be offered as provided in
24paragraph (F) of subsection (2) of Section 2-28 of that Act.
25Nothing in this paragraph shall be construed to create a
26private right of action or claim on the part of any individual

HB2495- 20 -LRB101 11034 LNS 56235 b
1or child welfare agency, except that when a child is the
2subject of an action under Article II of the Juvenile Court Act
3of 1987 and the child's service plan calls for services to
4facilitate achievement of the permanency goal, the court
5hearing the action under Article II of the Juvenile Court Act
6of 1987 may order the Department to provide the services set
7out in the plan, if those services are not provided with
8reasonable promptness and if those services are available.
9 The Department shall notify the child and his family of the
10Department's responsibility to offer and provide family
11preservation services as identified in the service plan. The
12child and his family shall be eligible for services as soon as
13the report is determined to be "indicated". The Department may
14offer services to any child or family with respect to whom a
15report of suspected child abuse or neglect has been filed,
16prior to concluding its investigation under Section 7.12 of the
17Abused and Neglected Child Reporting Act. However, the child's
18or family's willingness to accept services shall not be
19considered in the investigation. The Department may also
20provide services to any child or family who is the subject of
21any report of suspected child abuse or neglect or may refer
22such child or family to services available from other agencies
23in the community, even if the report is determined to be
24unfounded, if the conditions in the child's or family's home
25are reasonably likely to subject the child or family to future
26reports of suspected child abuse or neglect. Acceptance of such

HB2495- 21 -LRB101 11034 LNS 56235 b
1services shall be voluntary. The Department may also provide
2services to any child or family after completion of a family
3assessment, as an alternative to an investigation, as provided
4under the "differential response program" provided for in
5subsection (a-5) of Section 7.4 of the Abused and Neglected
6Child Reporting Act.
7 The Department may, at its discretion except for those
8children also adjudicated neglected or dependent, accept for
9care and training any child who has been adjudicated addicted,
10as a truant minor in need of supervision or as a minor
11requiring authoritative intervention, under the Juvenile Court
12Act or the Juvenile Court Act of 1987, but no such child shall
13be committed to the Department by any court without the
14approval of the Department. On and after January 1, 2015 (the
15effective date of Public Act 98-803) and before January 1,
162017, a minor charged with a criminal offense under the
17Criminal Code of 1961 or the Criminal Code of 2012 or
18adjudicated delinquent shall not be placed in the custody of or
19committed to the Department by any court, except (i) a minor
20less than 16 years of age committed to the Department under
21Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22for whom an independent basis of abuse, neglect, or dependency
23exists, which must be defined by departmental rule, or (iii) a
24minor for whom the court has granted a supplemental petition to
25reinstate wardship pursuant to subsection (2) of Section 2-33
26of the Juvenile Court Act of 1987. On and after January 1,

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12017, a minor charged with a criminal offense under the
2Criminal Code of 1961 or the Criminal Code of 2012 or
3adjudicated delinquent shall not be placed in the custody of or
4committed to the Department by any court, except (i) a minor
5less than 15 years of age committed to the Department under
6Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
7for whom an independent basis of abuse, neglect, or dependency
8exists, which must be defined by departmental rule, or (iii) a
9minor for whom the court has granted a supplemental petition to
10reinstate wardship pursuant to subsection (2) of Section 2-33
11of the Juvenile Court Act of 1987. An independent basis exists
12when the allegations or adjudication of abuse, neglect, or
13dependency do not arise from the same facts, incident, or
14circumstances which give rise to a charge or adjudication of
15delinquency. The Department shall assign a caseworker to attend
16any hearing involving a youth in the care and custody of the
17Department who is placed on aftercare release, including
18hearings involving sanctions for violation of aftercare
19release conditions and aftercare release revocation hearings.
20 As soon as is possible after August 7, 2009 (the effective
21date of Public Act 96-134), the Department shall develop and
22implement a special program of family preservation services to
23support intact, foster, and adoptive families who are
24experiencing extreme hardships due to the difficulty and stress
25of caring for a child who has been diagnosed with a pervasive
26developmental disorder if the Department determines that those

HB2495- 23 -LRB101 11034 LNS 56235 b
1services are necessary to ensure the health and safety of the
2child. The Department may offer services to any family whether
3or not a report has been filed under the Abused and Neglected
4Child Reporting Act. The Department may refer the child or
5family to services available from other agencies in the
6community if the conditions in the child's or family's home are
7reasonably likely to subject the child or family to future
8reports of suspected child abuse or neglect. Acceptance of
9these services shall be voluntary. The Department shall develop
10and implement a public information campaign to alert health and
11social service providers and the general public about these
12special family preservation services. The nature and scope of
13the services offered and the number of families served under
14the special program implemented under this paragraph shall be
15determined by the level of funding that the Department annually
16allocates for this purpose. The term "pervasive developmental
17disorder" under this paragraph means a neurological condition,
18including but not limited to, Asperger's Syndrome and autism,
19as defined in the most recent edition of the Diagnostic and
20Statistical Manual of Mental Disorders of the American
21Psychiatric Association.
22 (l-1) The legislature recognizes that the best interests of
23the child require that the child be placed in the most
24permanent living arrangement as soon as is practically
25possible. To achieve this goal, the legislature directs the
26Department of Children and Family Services to conduct

HB2495- 24 -LRB101 11034 LNS 56235 b
1concurrent planning so that permanency may occur at the
2earliest opportunity. Permanent living arrangements may
3include prevention of placement of a child outside the home of
4the family when the child can be cared for at home without
5endangering the child's health or safety; reunification with
6the family, when safe and appropriate, if temporary placement
7is necessary; or movement of the child toward the most
8permanent living arrangement and permanent legal status.
9 When determining reasonable efforts to be made with respect
10to a child, as described in this subsection, and in making such
11reasonable efforts, the child's health and safety shall be the
12paramount concern.
13 When a child is placed in foster care, the Department shall
14ensure and document that reasonable efforts were made to
15prevent or eliminate the need to remove the child from the
16child's home. The Department must make reasonable efforts to
17reunify the family when temporary placement of the child occurs
18unless otherwise required, pursuant to the Juvenile Court Act
19of 1987. At any time after the dispositional hearing where the
20Department believes that further reunification services would
21be ineffective, it may request a finding from the court that
22reasonable efforts are no longer appropriate. The Department is
23not required to provide further reunification services after
24such a finding.
25 A decision to place a child in substitute care shall be
26made with considerations of the child's health, safety, and

HB2495- 25 -LRB101 11034 LNS 56235 b
1best interests. At the time of placement, consideration should
2also be given so that if reunification fails or is delayed, the
3placement made is the best available placement to provide
4permanency for the child.
5 The Department shall adopt rules addressing concurrent
6planning for reunification and permanency. The Department
7shall consider the following factors when determining
8appropriateness of concurrent planning:
9 (1) the likelihood of prompt reunification;
10 (2) the past history of the family;
11 (3) the barriers to reunification being addressed by
12 the family;
13 (4) the level of cooperation of the family;
14 (5) the foster parents' willingness to work with the
15 family to reunite;
16 (6) the willingness and ability of the foster family to
17 provide an adoptive home or long-term placement;
18 (7) the age of the child;
19 (8) placement of siblings.
20 (m) The Department may assume temporary custody of any
21child if:
22 (1) it has received a written consent to such temporary
23 custody signed by the parents of the child or by the parent
24 having custody of the child if the parents are not living
25 together or by the guardian or custodian of the child if
26 the child is not in the custody of either parent, or

HB2495- 26 -LRB101 11034 LNS 56235 b
1 (2) the child is found in the State and neither a
2 parent, guardian nor custodian of the child can be located.
3If the child is found in his or her residence without a parent,
4guardian, custodian or responsible caretaker, the Department
5may, instead of removing the child and assuming temporary
6custody, place an authorized representative of the Department
7in that residence until such time as a parent, guardian or
8custodian enters the home and expresses a willingness and
9apparent ability to ensure the child's health and safety and
10resume permanent charge of the child, or until a relative
11enters the home and is willing and able to ensure the child's
12health and safety and assume charge of the child until a
13parent, guardian or custodian enters the home and expresses
14such willingness and ability to ensure the child's safety and
15resume permanent charge. After a caretaker has remained in the
16home for a period not to exceed 12 hours, the Department must
17follow those procedures outlined in Section 2-9, 3-11, 4-8, or
185-415 of the Juvenile Court Act of 1987.
19 The Department shall have the authority, responsibilities
20and duties that a legal custodian of the child would have
21pursuant to subsection (9) of Section 1-3 of the Juvenile Court
22Act of 1987. Whenever a child is taken into temporary custody
23pursuant to an investigation under the Abused and Neglected
24Child Reporting Act, or pursuant to a referral and acceptance
25under the Juvenile Court Act of 1987 of a minor in limited
26custody, the Department, during the period of temporary custody

HB2495- 27 -LRB101 11034 LNS 56235 b
1and before the child is brought before a judicial officer as
2required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
3Court Act of 1987, shall have the authority, responsibilities
4and duties that a legal custodian of the child would have under
5subsection (9) of Section 1-3 of the Juvenile Court Act of
61987.
7 The Department shall ensure that any child taken into
8custody is scheduled for an appointment for a medical
9examination.
10 A parent, guardian or custodian of a child in the temporary
11custody of the Department who would have custody of the child
12if he were not in the temporary custody of the Department may
13deliver to the Department a signed request that the Department
14surrender the temporary custody of the child. The Department
15may retain temporary custody of the child for 10 days after the
16receipt of the request, during which period the Department may
17cause to be filed a petition pursuant to the Juvenile Court Act
18of 1987. If a petition is so filed, the Department shall retain
19temporary custody of the child until the court orders
20otherwise. If a petition is not filed within the 10-day period,
21the child shall be surrendered to the custody of the requesting
22parent, guardian or custodian not later than the expiration of
23the 10-day period, at which time the authority and duties of
24the Department with respect to the temporary custody of the
25child shall terminate.
26 (m-1) The Department may place children under 18 years of

HB2495- 28 -LRB101 11034 LNS 56235 b
1age in a secure child care facility licensed by the Department
2that cares for children who are in need of secure living
3arrangements for their health, safety, and well-being after a
4determination is made by the facility director and the Director
5or the Director's designate prior to admission to the facility
6subject to Section 2-27.1 of the Juvenile Court Act of 1987.
7This subsection (m-1) does not apply to a child who is subject
8to placement in a correctional facility operated pursuant to
9Section 3-15-2 of the Unified Code of Corrections, unless the
10child is a youth in care who was placed in the care of the
11Department before being subject to placement in a correctional
12facility and a court of competent jurisdiction has ordered
13placement of the child in a secure care facility.
14 (n) The Department may place children under 18 years of age
15in licensed child care facilities when in the opinion of the
16Department, appropriate services aimed at family preservation
17have been unsuccessful and cannot ensure the child's health and
18safety or are unavailable and such placement would be for their
19best interest. Payment for board, clothing, care, training and
20supervision of any child placed in a licensed child care
21facility may be made by the Department, by the parents or
22guardians of the estates of those children, or by both the
23Department and the parents or guardians, except that no
24payments shall be made by the Department for any child placed
25in a licensed child care facility for board, clothing, care,
26training and supervision of such a child that exceed the

HB2495- 29 -LRB101 11034 LNS 56235 b
1average per capita cost of maintaining and of caring for a
2child in institutions for dependent or neglected children
3operated by the Department. However, such restriction on
4payments does not apply in cases where children require
5specialized care and treatment for problems of severe emotional
6disturbance, physical disability, social adjustment, or any
7combination thereof and suitable facilities for the placement
8of such children are not available at payment rates within the
9limitations set forth in this Section. All reimbursements for
10services delivered shall be absolutely inalienable by
11assignment, sale, attachment, garnishment or otherwise.
12 (n-1) The Department shall provide or authorize child
13welfare services, aimed at assisting minors to achieve
14sustainable self-sufficiency as independent adults, for any
15minor eligible for the reinstatement of wardship pursuant to
16subsection (2) of Section 2-33 of the Juvenile Court Act of
171987, whether or not such reinstatement is sought or allowed,
18provided that the minor consents to such services and has not
19yet attained the age of 21. The Department shall have
20responsibility for the development and delivery of services
21under this Section. An eligible youth may access services under
22this Section through the Department of Children and Family
23Services or by referral from the Department of Human Services.
24Youth participating in services under this Section shall
25cooperate with the assigned case manager in developing an
26agreement identifying the services to be provided and how the

HB2495- 30 -LRB101 11034 LNS 56235 b
1youth will increase skills to achieve self-sufficiency. A
2homeless shelter is not considered appropriate housing for any
3youth receiving child welfare services under this Section. The
4Department shall continue child welfare services under this
5Section to any eligible minor until the minor becomes 21 years
6of age, no longer consents to participate, or achieves
7self-sufficiency as identified in the minor's service plan. The
8Department of Children and Family Services shall create clear,
9readable notice of the rights of former foster youth to child
10welfare services under this Section and how such services may
11be obtained. The Department of Children and Family Services and
12the Department of Human Services shall disseminate this
13information statewide. The Department shall adopt regulations
14describing services intended to assist minors in achieving
15sustainable self-sufficiency as independent adults.
16 (o) The Department shall establish an administrative
17review and appeal process for children and families who request
18or receive child welfare services from the Department. Youth in
19care who are placed by private child welfare agencies, and
20foster families with whom those youth are placed, shall be
21afforded the same procedural and appeal rights as children and
22families in the case of placement by the Department, including
23the right to an initial review of a private agency decision by
24that agency. The Department shall ensure that any private child
25welfare agency, which accepts youth in care for placement,
26affords those rights to children and foster families. The

HB2495- 31 -LRB101 11034 LNS 56235 b
1Department shall accept for administrative review and an appeal
2hearing a complaint made by (i) a child or foster family
3concerning a decision following an initial review by a private
4child welfare agency or (ii) a prospective adoptive parent who
5alleges a violation of subsection (j-5) of this Section. An
6appeal of a decision concerning a change in the placement of a
7child shall be conducted in an expedited manner. A court
8determination that a current foster home placement is necessary
9and appropriate under Section 2-28 of the Juvenile Court Act of
101987 does not constitute a judicial determination on the merits
11of an administrative appeal, filed by a former foster parent,
12involving a change of placement decision.
13 (p) (Blank).
14 (q) The Department may receive and use, in their entirety,
15for the benefit of children any gift, donation or bequest of
16money or other property which is received on behalf of such
17children, or any financial benefits to which such children are
18or may become entitled while under the jurisdiction or care of
19the Department.
20 The Department shall set up and administer no-cost,
21interest-bearing accounts in appropriate financial
22institutions for children for whom the Department is legally
23responsible and who have been determined eligible for Veterans'
24Benefits, Social Security benefits, assistance allotments from
25the armed forces, court ordered payments, parental voluntary
26payments, Supplemental Security Income, Railroad Retirement

HB2495- 32 -LRB101 11034 LNS 56235 b
1payments, Black Lung benefits, or other miscellaneous
2payments. Interest earned by each account shall be credited to
3the account, unless disbursed in accordance with this
4subsection.
5 In disbursing funds from children's accounts, the
6Department shall:
7 (1) Establish standards in accordance with State and
8 federal laws for disbursing money from children's
9 accounts. In all circumstances, the Department's
10 "Guardianship Administrator" or his or her designee must
11 approve disbursements from children's accounts. The
12 Department shall be responsible for keeping complete
13 records of all disbursements for each account for any
14 purpose.
15 (2) Calculate on a monthly basis the amounts paid from
16 State funds for the child's board and care, medical care
17 not covered under Medicaid, and social services; and
18 utilize funds from the child's account, as covered by
19 regulation, to reimburse those costs. Monthly,
20 disbursements from all children's accounts, up to 1/12 of
21 $13,000,000, shall be deposited by the Department into the
22 General Revenue Fund and the balance over 1/12 of
23 $13,000,000 into the DCFS Children's Services Fund.
24 (3) Maintain any balance remaining after reimbursing
25 for the child's costs of care, as specified in item (2).
26 The balance shall accumulate in accordance with relevant

HB2495- 33 -LRB101 11034 LNS 56235 b
1 State and federal laws and shall be disbursed to the child
2 or his or her guardian, or to the issuing agency.
3 (r) The Department shall promulgate regulations
4encouraging all adoption agencies to voluntarily forward to the
5Department or its agent names and addresses of all persons who
6have applied for and have been approved for adoption of a
7hard-to-place child or child with a disability and the names of
8such children who have not been placed for adoption. A list of
9such names and addresses shall be maintained by the Department
10or its agent, and coded lists which maintain the
11confidentiality of the person seeking to adopt the child and of
12the child shall be made available, without charge, to every
13adoption agency in the State to assist the agencies in placing
14such children for adoption. The Department may delegate to an
15agent its duty to maintain and make available such lists. The
16Department shall ensure that such agent maintains the
17confidentiality of the person seeking to adopt the child and of
18the child.
19 (s) The Department of Children and Family Services may
20establish and implement a program to reimburse Department and
21private child welfare agency foster parents licensed by the
22Department of Children and Family Services for damages
23sustained by the foster parents as a result of the malicious or
24negligent acts of foster children, as well as providing third
25party coverage for such foster parents with regard to actions
26of foster children to other individuals. Such coverage will be

HB2495- 34 -LRB101 11034 LNS 56235 b
1secondary to the foster parent liability insurance policy, if
2applicable. The program shall be funded through appropriations
3from the General Revenue Fund, specifically designated for such
4purposes.
5 (t) The Department shall perform home studies and
6investigations and shall exercise supervision over visitation
7as ordered by a court pursuant to the Illinois Marriage and
8Dissolution of Marriage Act or the Adoption Act only if:
9 (1) an order entered by an Illinois court specifically
10 directs the Department to perform such services; and
11 (2) the court has ordered one or both of the parties to
12 the proceeding to reimburse the Department for its
13 reasonable costs for providing such services in accordance
14 with Department rules, or has determined that neither party
15 is financially able to pay.
16 The Department shall provide written notification to the
17court of the specific arrangements for supervised visitation
18and projected monthly costs within 60 days of the court order.
19The Department shall send to the court information related to
20the costs incurred except in cases where the court has
21determined the parties are financially unable to pay. The court
22may order additional periodic reports as appropriate.
23 (u) In addition to other information that must be provided,
24whenever the Department places a child with a prospective
25adoptive parent or parents or in a licensed foster home, group
26home, child care institution, or in a relative home, the

HB2495- 35 -LRB101 11034 LNS 56235 b
1Department shall provide to the prospective adoptive parent or
2parents or other caretaker:
3 (1) available detailed information concerning the
4 child's educational and health history, copies of
5 immunization records (including insurance and medical card
6 information), a history of the child's previous
7 placements, if any, and reasons for placement changes
8 excluding any information that identifies or reveals the
9 location of any previous caretaker;
10 (2) a copy of the child's portion of the client service
11 plan, including any visitation arrangement, and all
12 amendments or revisions to it as related to the child; and
13 (3) information containing details of the child's
14 individualized educational plan when the child is
15 receiving special education services.
16 The caretaker shall be informed of any known social or
17behavioral information (including, but not limited to,
18criminal background, fire setting, perpetuation of sexual
19abuse, destructive behavior, and substance abuse) necessary to
20care for and safeguard the children to be placed or currently
21in the home. The Department may prepare a written summary of
22the information required by this paragraph, which may be
23provided to the foster or prospective adoptive parent in
24advance of a placement. The foster or prospective adoptive
25parent may review the supporting documents in the child's file
26in the presence of casework staff. In the case of an emergency

HB2495- 36 -LRB101 11034 LNS 56235 b
1placement, casework staff shall at least provide known
2information verbally, if necessary, and must subsequently
3provide the information in writing as required by this
4subsection.
5 The information described in this subsection shall be
6provided in writing. In the case of emergency placements when
7time does not allow prior review, preparation, and collection
8of written information, the Department shall provide such
9information as it becomes available. Within 10 business days
10after placement, the Department shall obtain from the
11prospective adoptive parent or parents or other caretaker a
12signed verification of receipt of the information provided.
13Within 10 business days after placement, the Department shall
14provide to the child's guardian ad litem a copy of the
15information provided to the prospective adoptive parent or
16parents or other caretaker. The information provided to the
17prospective adoptive parent or parents or other caretaker shall
18be reviewed and approved regarding accuracy at the supervisory
19level.
20 (u-5) Effective July 1, 1995, only foster care placements
21licensed as foster family homes pursuant to the Child Care Act
22of 1969 shall be eligible to receive foster care payments from
23the Department. Relative caregivers who, as of July 1, 1995,
24were approved pursuant to approved relative placement rules
25previously promulgated by the Department at 89 Ill. Adm. Code
26335 and had submitted an application for licensure as a foster

HB2495- 37 -LRB101 11034 LNS 56235 b
1family home may continue to receive foster care payments only
2until the Department determines that they may be licensed as a
3foster family home or that their application for licensure is
4denied or until September 30, 1995, whichever occurs first.
5 (v) The Department shall access criminal history record
6information as defined in the Illinois Uniform Conviction
7Information Act and information maintained in the adjudicatory
8and dispositional record system as defined in Section 2605-355
9of the Department of State Police Law (20 ILCS 2605/2605-355)
10if the Department determines the information is necessary to
11perform its duties under the Abused and Neglected Child
12Reporting Act, the Child Care Act of 1969, and the Children and
13Family Services Act. The Department shall provide for
14interactive computerized communication and processing
15equipment that permits direct on-line communication with the
16Department of State Police's central criminal history data
17repository. The Department shall comply with all certification
18requirements and provide certified operators who have been
19trained by personnel from the Department of State Police. In
20addition, one Office of the Inspector General investigator
21shall have training in the use of the criminal history
22information access system and have access to the terminal. The
23Department of Children and Family Services and its employees
24shall abide by rules and regulations established by the
25Department of State Police relating to the access and
26dissemination of this information.

HB2495- 38 -LRB101 11034 LNS 56235 b
1 (v-1) Prior to final approval for placement of a child, the
2Department shall conduct a criminal records background check of
3the prospective foster or adoptive parent, including
4fingerprint-based checks of national crime information
5databases. Final approval for placement shall not be granted if
6the record check reveals a felony conviction for child abuse or
7neglect, for spousal abuse, for a crime against children, or
8for a crime involving violence, including rape, sexual assault,
9or homicide, but not including other physical assault or
10battery, or if there is a felony conviction for physical
11assault, battery, or a drug-related offense committed within
12the past 5 years.
13 (v-2) Prior to final approval for placement of a child, the
14Department shall check its child abuse and neglect registry for
15information concerning prospective foster and adoptive
16parents, and any adult living in the home. If any prospective
17foster or adoptive parent or other adult living in the home has
18resided in another state in the preceding 5 years, the
19Department shall request a check of that other state's child
20abuse and neglect registry.
21 (w) Within 120 days of August 20, 1995 (the effective date
22of Public Act 89-392), the Department shall prepare and submit
23to the Governor and the General Assembly, a written plan for
24the development of in-state licensed secure child care
25facilities that care for children who are in need of secure
26living arrangements for their health, safety, and well-being.

HB2495- 39 -LRB101 11034 LNS 56235 b
1For purposes of this subsection, secure care facility shall
2mean a facility that is designed and operated to ensure that
3all entrances and exits from the facility, a building or a
4distinct part of the building, are under the exclusive control
5of the staff of the facility, whether or not the child has the
6freedom of movement within the perimeter of the facility,
7building, or distinct part of the building. The plan shall
8include descriptions of the types of facilities that are needed
9in Illinois; the cost of developing these secure care
10facilities; the estimated number of placements; the potential
11cost savings resulting from the movement of children currently
12out-of-state who are projected to be returned to Illinois; the
13necessary geographic distribution of these facilities in
14Illinois; and a proposed timetable for development of such
15facilities.
16 (x) The Department shall conduct annual credit history
17checks to determine the financial history of children placed
18under its guardianship pursuant to the Juvenile Court Act of
191987. The Department shall conduct such credit checks starting
20when a youth in care turns 12 years old and each year
21thereafter for the duration of the guardianship as terminated
22pursuant to the Juvenile Court Act of 1987. The Department
23shall determine if financial exploitation of the child's
24personal information has occurred. If financial exploitation
25appears to have taken place or is presently ongoing, the
26Department shall notify the proper law enforcement agency, the

HB2495- 40 -LRB101 11034 LNS 56235 b
1proper State's Attorney, or the Attorney General.
2 (y) Beginning on July 22, 2010 (the effective date of
3Public Act 96-1189), a child with a disability who receives
4residential and educational services from the Department shall
5be eligible to receive transition services in accordance with
6Article 14 of the School Code from the age of 14.5 through age
721, inclusive, notwithstanding the child's residential
8services arrangement. For purposes of this subsection, "child
9with a disability" means a child with a disability as defined
10by the federal Individuals with Disabilities Education
11Improvement Act of 2004.
12 (z) The Department shall access criminal history record
13information as defined as "background information" in this
14subsection and criminal history record information as defined
15in the Illinois Uniform Conviction Information Act for each
16Department employee or Department applicant. Each Department
17employee or Department applicant shall submit his or her
18fingerprints to the Department of State Police in the form and
19manner prescribed by the Department of State Police. These
20fingerprints shall be checked against the fingerprint records
21now and hereafter filed in the Department of State Police and
22the Federal Bureau of Investigation criminal history records
23databases. The Department of State Police shall charge a fee
24for conducting the criminal history record check, which shall
25be deposited into the State Police Services Fund and shall not
26exceed the actual cost of the record check. The Department of

HB2495- 41 -LRB101 11034 LNS 56235 b
1State Police shall furnish, pursuant to positive
2identification, all Illinois conviction information to the
3Department of Children and Family Services.
4 For purposes of this subsection:
5 "Background information" means all of the following:
6 (i) Upon the request of the Department of Children and
7 Family Services, conviction information obtained from the
8 Department of State Police as a result of a
9 fingerprint-based criminal history records check of the
10 Illinois criminal history records database and the Federal
11 Bureau of Investigation criminal history records database
12 concerning a Department employee or Department applicant.
13 (ii) Information obtained by the Department of
14 Children and Family Services after performing a check of
15 the Department of State Police's Sex Offender Database, as
16 authorized by Section 120 of the Sex Offender Community
17 Notification Law, concerning a Department employee or
18 Department applicant.
19 (iii) Information obtained by the Department of
20 Children and Family Services after performing a check of
21 the Child Abuse and Neglect Tracking System (CANTS)
22 operated and maintained by the Department.
23 "Department employee" means a full-time or temporary
24employee coded or certified within the State of Illinois
25Personnel System.
26 "Department applicant" means an individual who has

HB2495- 42 -LRB101 11034 LNS 56235 b
1conditional Department full-time or part-time work, a
2contractor, an individual used to replace or supplement staff,
3an academic intern, a volunteer in Department offices or on
4Department contracts, a work-study student, an individual or
5entity licensed by the Department, or an unlicensed service
6provider who works as a condition of a contract or an agreement
7and whose work may bring the unlicensed service provider into
8contact with Department clients or client records.
9(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
10100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
111-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
1210-3-18.)
13 Section 910-15. The Freedom of Information Act is amended
14by changing Section 7.5 as follows:
15 (5 ILCS 140/7.5)
16 Sec. 7.5. Statutory exemptions. To the extent provided for
17by the statutes referenced below, the following shall be exempt
18from inspection and copying:
19 (a) All information determined to be confidential
20 under Section 4002 of the Technology Advancement and
21 Development Act.
22 (b) Library circulation and order records identifying
23 library users with specific materials under the Library
24 Records Confidentiality Act.

HB2495- 43 -LRB101 11034 LNS 56235 b
1 (c) Applications, related documents, and medical
2 records received by the Experimental Organ Transplantation
3 Procedures Board and any and all documents or other records
4 prepared by the Experimental Organ Transplantation
5 Procedures Board or its staff relating to applications it
6 has received.
7 (d) Information and records held by the Department of
8 Public Health and its authorized representatives relating
9 to known or suspected cases of sexually transmissible
10 disease or any information the disclosure of which is
11 restricted under the Illinois Sexually Transmissible
12 Disease Control Act.
13 (e) Information the disclosure of which is exempted
14 under Section 30 of the Radon Industry Licensing Act.
15 (f) Firm performance evaluations under Section 55 of
16 the Architectural, Engineering, and Land Surveying
17 Qualifications Based Selection Act.
18 (g) Information the disclosure of which is restricted
19 and exempted under Section 50 of the Illinois Prepaid
20 Tuition Act.
21 (h) Information the disclosure of which is exempted
22 under the State Officials and Employees Ethics Act, and
23 records of any lawfully created State or local inspector
24 general's office that would be exempt if created or
25 obtained by an Executive Inspector General's office under
26 that Act.

HB2495- 44 -LRB101 11034 LNS 56235 b
1 (i) Information contained in a local emergency energy
2 plan submitted to a municipality in accordance with a local
3 emergency energy plan ordinance that is adopted under
4 Section 11-21.5-5 of the Illinois Municipal Code.
5 (j) Information and data concerning the distribution
6 of surcharge moneys collected and remitted by carriers
7 under the Emergency Telephone System Act.
8 (k) Law enforcement officer identification information
9 or driver identification information compiled by a law
10 enforcement agency or the Department of Transportation
11 under Section 11-212 of the Illinois Vehicle Code.
12 (l) Records and information provided to a residential
13 health care facility resident sexual assault and death
14 review team or the Executive Council under the Abuse
15 Prevention Review Team Act.
16 (m) Information provided to the predatory lending
17 database created pursuant to Article 3 of the Residential
18 Real Property Disclosure Act, except to the extent
19 authorized under that Article.
20 (n) Defense budgets and petitions for certification of
21 compensation and expenses for court appointed trial
22 counsel as provided under Sections 10 and 15 of the Capital
23 Crimes Litigation Act. This subsection (n) shall apply
24 until the conclusion of the trial of the case, even if the
25 prosecution chooses not to pursue the death penalty prior
26 to trial or sentencing.

HB2495- 45 -LRB101 11034 LNS 56235 b
1 (o) Information that is prohibited from being
2 disclosed under Section 4 of the Illinois Health and
3 Hazardous Substances Registry Act.
4 (p) Security portions of system safety program plans,
5 investigation reports, surveys, schedules, lists, data, or
6 information compiled, collected, or prepared by or for the
7 Regional Transportation Authority under Section 2.11 of
8 the Regional Transportation Authority Act or the St. Clair
9 County Transit District under the Bi-State Transit Safety
10 Act.
11 (q) Information prohibited from being disclosed by the
12 Personnel Record Records Review Act.
13 (r) Information prohibited from being disclosed by the
14 Illinois School Student Records Act.
15 (s) Information the disclosure of which is restricted
16 under Section 5-108 of the Public Utilities Act.
17 (t) All identified or deidentified health information
18 in the form of health data or medical records contained in,
19 stored in, submitted to, transferred by, or released from
20 the Illinois Health Information Exchange, and identified
21 or deidentified health information in the form of health
22 data and medical records of the Illinois Health Information
23 Exchange in the possession of the Illinois Health
24 Information Exchange Authority due to its administration
25 of the Illinois Health Information Exchange. The terms
26 "identified" and "deidentified" shall be given the same

HB2495- 46 -LRB101 11034 LNS 56235 b
1 meaning as in the Health Insurance Portability and
2 Accountability Act of 1996, Public Law 104-191, or any
3 subsequent amendments thereto, and any regulations
4 promulgated thereunder.
5 (u) Records and information provided to an independent
6 team of experts under the Developmental Disability and
7 Mental Health Safety Act (also known as Brian's Law).
8 (v) Names and information of people who have applied
9 for or received Firearm Owner's Identification Cards under
10 the Firearm Owners Identification Card Act or applied for
11 or received a concealed carry license under the Firearm
12 Concealed Carry Act, unless otherwise authorized by the
13 Firearm Concealed Carry Act; and databases under the
14 Firearm Concealed Carry Act, records of the Concealed Carry
15 Licensing Review Board under the Firearm Concealed Carry
16 Act, and law enforcement agency objections under the
17 Firearm Concealed Carry Act.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including

HB2495- 47 -LRB101 11034 LNS 56235 b
1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of an
4 eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.

HB2495- 48 -LRB101 11034 LNS 56235 b
1 (hh) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election Code.
3 (ii) Information which is exempted from disclosure
4 under Section 2505-800 of the Department of Revenue Law of
5 the Civil Administrative Code of Illinois.
6 (jj) Information and reports that are required to be
7 submitted to the Department of Labor by registering day and
8 temporary labor service agencies but are exempt from
9 disclosure under subsection (a-1) of Section 45 of the Day
10 and Temporary Labor Services Act.
11 (kk) Information prohibited from disclosure under the
12 Seizure and Forfeiture Reporting Act.
13 (ll) Information the disclosure of which is restricted
14 and exempted under Section 5-30.8 of the Illinois Public
15 Aid Code.
16 (mm) (ll) Records that are exempt from disclosure under
17 Section 4.2 of the Crime Victims Compensation Act.
18 (nn) (ll) Information that is exempt from disclosure
19 under Section 70 of the Higher Education Student Assistance
20 Act.
21 (oo) Information and records held by the Department of
22 Public Health and its authorized representatives collected
23 under the Reproductive Health Act.
24(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
25eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

HB2495- 49 -LRB101 11034 LNS 56235 b
1100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
28-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
3eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
4100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
510-12-18.)
6 Section 910-20. The Counties Code is amended by changing
7Section 3-3013 as follows:
8 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
9 Sec. 3-3013. Preliminary investigations; blood and urine
10analysis; summoning jury; reports. Every coroner, whenever, as
11soon as he knows or is informed that the dead body of any
12person is found, or lying within his county, whose death is
13suspected of being:
14 (a) A sudden or violent death, whether apparently
15 suicidal, homicidal or accidental, including but not
16 limited to deaths apparently caused or contributed to by
17 thermal, traumatic, chemical, electrical or radiational
18 injury, or a complication of any of them, or by drowning or
19 suffocation, or as a result of domestic violence as defined
20 in the Illinois Domestic Violence Act of 1986;
21 (b) A maternal or fetal death due to abortion, or any
22 death due to a sex crime or a crime against nature;
23 (c) A death where the circumstances are suspicious,
24 obscure, mysterious or otherwise unexplained or where, in

HB2495- 50 -LRB101 11034 LNS 56235 b
1 the written opinion of the attending physician, the cause
2 of death is not determined;
3 (d) A death where addiction to alcohol or to any drug
4 may have been a contributory cause; or
5 (e) A death where the decedent was not attended by a
6 licensed physician;
7shall go to the place where the dead body is, and take charge
8of the same and shall make a preliminary investigation into the
9circumstances of the death. In the case of death without
10attendance by a licensed physician the body may be moved with
11the coroner's consent from the place of death to a mortuary in
12the same county. Coroners in their discretion shall notify such
13physician as is designated in accordance with Section 3-3014 to
14attempt to ascertain the cause of death, either by autopsy or
15otherwise.
16 In cases of accidental death involving a motor vehicle in
17which the decedent was (1) the operator or a suspected operator
18of a motor vehicle, or (2) a pedestrian 16 years of age or
19older, the coroner shall require that a blood specimen of at
20least 30 cc., and if medically possible a urine specimen of at
21least 30 cc. or as much as possible up to 30 cc., be withdrawn
22from the body of the decedent in a timely fashion after the
23accident causing his death, by such physician as has been
24designated in accordance with Section 3-3014, or by the coroner
25or deputy coroner or a qualified person designated by such
26physician, coroner, or deputy coroner. If the county does not

HB2495- 51 -LRB101 11034 LNS 56235 b
1maintain laboratory facilities for making such analysis, the
2blood and urine so drawn shall be sent to the Department of
3State Police or any other accredited or State-certified
4laboratory for analysis of the alcohol, carbon monoxide, and
5dangerous or narcotic drug content of such blood and urine
6specimens. Each specimen submitted shall be accompanied by
7pertinent information concerning the decedent upon a form
8prescribed by such laboratory. Any person drawing blood and
9urine and any person making any examination of the blood and
10urine under the terms of this Division shall be immune from all
11liability, civil or criminal, that might otherwise be incurred
12or imposed.
13 In all other cases coming within the jurisdiction of the
14coroner and referred to in subparagraphs (a) through (e) above,
15blood, and whenever possible, urine samples shall be analyzed
16for the presence of alcohol and other drugs. When the coroner
17suspects that drugs may have been involved in the death, either
18directly or indirectly, a toxicological examination shall be
19performed which may include analyses of blood, urine, bile,
20gastric contents and other tissues. When the coroner suspects a
21death is due to toxic substances, other than drugs, the coroner
22shall consult with the toxicologist prior to collection of
23samples. Information submitted to the toxicologist shall
24include information as to height, weight, age, sex and race of
25the decedent as well as medical history, medications used by
26and the manner of death of decedent.

HB2495- 52 -LRB101 11034 LNS 56235 b
1 When the coroner or medical examiner finds that the cause
2of death is due to homicidal means, the coroner or medical
3examiner shall cause blood and buccal specimens (tissue may be
4submitted if no uncontaminated blood or buccal specimen can be
5obtained), whenever possible, to be withdrawn from the body of
6the decedent in a timely fashion. For proper preservation of
7the specimens, collected blood and buccal specimens shall be
8dried and tissue specimens shall be frozen if available
9equipment exists. As soon as possible, but no later than 30
10days after the collection of the specimens, the coroner or
11medical examiner shall release those specimens to the police
12agency responsible for investigating the death. As soon as
13possible, but no later than 30 days after the receipt from the
14coroner or medical examiner, the police agency shall submit the
15specimens using the agency case number to a National DNA Index
16System (NDIS) participating laboratory within this State, such
17as the Illinois Department of State Police, Division of
18Forensic Services, for analysis and categorizing into genetic
19marker groupings. The results of the analysis and categorizing
20into genetic marker groupings shall be provided to the Illinois
21Department of State Police and shall be maintained by the
22Illinois Department of State Police in the State central
23repository in the same manner, and subject to the same
24conditions, as provided in Section 5-4-3 of the Unified Code of
25Corrections. The requirements of this paragraph are in addition
26to any other findings, specimens, or information that the

HB2495- 53 -LRB101 11034 LNS 56235 b
1coroner or medical examiner is required to provide during the
2conduct of a criminal investigation.
3 In all counties, in cases of apparent suicide, homicide, or
4accidental death or in other cases, within the discretion of
5the coroner, the coroner may summon 8 persons of lawful age
6from those persons drawn for petit jurors in the county. The
7summons shall command these persons to present themselves
8personally at such a place and time as the coroner shall
9determine, and may be in any form which the coroner shall
10determine and may incorporate any reasonable form of request
11for acknowledgement which the coroner deems practical and
12provides a reliable proof of service. The summons may be served
13by first class mail. From the 8 persons so summoned, the
14coroner shall select 6 to serve as the jury for the inquest.
15Inquests may be continued from time to time, as the coroner may
16deem necessary. The 6 jurors selected in a given case may view
17the body of the deceased. If at any continuation of an inquest
18one or more of the original jurors shall be unable to continue
19to serve, the coroner shall fill the vacancy or vacancies. A
20juror serving pursuant to this paragraph shall receive
21compensation from the county at the same rate as the rate of
22compensation that is paid to petit or grand jurors in the
23county. The coroner shall furnish to each juror without fee at
24the time of his discharge a certificate of the number of days
25in attendance at an inquest, and, upon being presented with
26such certificate, the county treasurer shall pay to the juror

HB2495- 54 -LRB101 11034 LNS 56235 b
1the sum provided for his services.
2 In counties which have a jury commission, in cases of
3apparent suicide or homicide or of accidental death, the
4coroner may conduct an inquest. The jury commission shall
5provide at least 8 jurors to the coroner, from whom the coroner
6shall select any 6 to serve as the jury for the inquest.
7Inquests may be continued from time to time as the coroner may
8deem necessary. The 6 jurors originally chosen in a given case
9may view the body of the deceased. If at any continuation of an
10inquest one or more of the 6 jurors originally chosen shall be
11unable to continue to serve, the coroner shall fill the vacancy
12or vacancies. At the coroner's discretion, additional jurors to
13fill such vacancies shall be supplied by the jury commission. A
14juror serving pursuant to this paragraph in such county shall
15receive compensation from the county at the same rate as the
16rate of compensation that is paid to petit or grand jurors in
17the county.
18 In every case in which a fire is determined to be a
19contributing factor in a death, the coroner shall report the
20death to the Office of the State Fire Marshal. The coroner
21shall provide a copy of the death certificate (i) within 30
22days after filing the permanent death certificate and (ii) in a
23manner that is agreed upon by the coroner and the State Fire
24Marshal.
25 In every case in which a drug overdose is determined to be
26the cause or a contributing factor in the death, the coroner or

HB2495- 55 -LRB101 11034 LNS 56235 b
1medical examiner shall report the death to the Department of
2Public Health. The Department of Public Health shall adopt
3rules regarding specific information that must be reported in
4the event of such a death. If possible, the coroner shall
5report the cause of the overdose. As used in this Section,
6"overdose" has the same meaning as it does in Section 414 of
7the Illinois Controlled Substances Act. The Department of
8Public Health shall issue a semiannual report to the General
9Assembly summarizing the reports received. The Department
10shall also provide on its website a monthly report of overdose
11death figures organized by location, age, and any other
12factors, the Department deems appropriate.
13 In addition, in every case in which domestic violence is
14determined to be a contributing factor in a death, the coroner
15shall report the death to the Department of State Police.
16 All deaths in State institutions and all deaths of wards of
17the State or youth in care as defined in Section 4d of the
18Children and Family Services Act in private care facilities or
19in programs funded by the Department of Human Services under
20its powers relating to mental health and developmental
21disabilities or alcoholism and substance abuse or funded by the
22Department of Children and Family Services shall be reported to
23the coroner of the county in which the facility is located. If
24the coroner has reason to believe that an investigation is
25needed to determine whether the death was caused by
26maltreatment or negligent care of the ward of the State or

HB2495- 56 -LRB101 11034 LNS 56235 b
1youth in care as defined in Section 4d of the Children and
2Family Services Act, the coroner may conduct a preliminary
3investigation of the circumstances of such death as in cases of
4death under circumstances set forth in paragraphs (a) through
5(e) of this Section.
6(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
7eff. 7-28-16; 100-159, eff. 8-18-17.)
8 Section 910-25. The Ambulatory Surgical Treatment Center
9Act is amended by changing Section 2, and 3 as follows:
10 (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
11 Sec. 2. It is declared to be the public policy that the
12State has a legitimate interest in assuring that all medical
13procedures, including abortions, are performed under
14circumstances that insure maximum safety. Therefore, the
15purpose of this Act is to provide for the better protection of
16the public health through the development, establishment, and
17enforcement of standards (1) for the care of individuals in
18ambulatory surgical treatment centers, and (2) for the
19construction, maintenance and operation of ambulatory surgical
20treatment centers, which, in light of advancing knowledge, will
21promote safe and adequate treatment of such individuals in
22ambulatory surgical treatment centers.
23(Source: P.A. 78-227.)

HB2495- 57 -LRB101 11034 LNS 56235 b
1 (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
2 Sec. 3. As used in this Act, unless the context otherwise
3requires, the following words and phrases shall have the
4meanings ascribed to them:
5 (A) "Ambulatory surgical treatment center" means any
6institution, place or building devoted primarily to the
7maintenance and operation of facilities for the performance of
8surgical procedures. "Ambulatory surgical treatment center"
9includes any place that meets and complies with the definition
10of an ambulatory surgical treatment center under the rules
11adopted by the Department or any facility in which a medical or
12surgical procedure is utilized to terminate a pregnancy,
13irrespective of whether the facility is devoted primarily to
14this purpose. Such facility shall not provide beds or other
15accommodations for the overnight stay of patients; however,
16facilities devoted exclusively to the treatment of children may
17provide accommodations and beds for their patients for up to 23
18hours following admission. Individual patients shall be
19discharged in an ambulatory condition without danger to the
20continued well being of the patients or shall be transferred to
21a hospital.
22 The term "ambulatory surgical treatment center" does not
23include any of the following:
24 (1) Any institution, place, building or agency
25 required to be licensed pursuant to the "Hospital Licensing
26 Act", approved July 1, 1953, as amended.

HB2495- 58 -LRB101 11034 LNS 56235 b
1 (2) Any person or institution required to be licensed
2 pursuant to the Nursing Home Care Act, the Specialized
3 Mental Health Rehabilitation Act of 2013, the ID/DD
4 Community Care Act, or the MC/DD Act.
5 (3) Hospitals or ambulatory surgical treatment centers
6 maintained by the State or any department or agency
7 thereof, where such department or agency has authority
8 under law to establish and enforce standards for the
9 hospitals or ambulatory surgical treatment centers under
10 its management and control.
11 (4) Hospitals or ambulatory surgical treatment centers
12 maintained by the Federal Government or agencies thereof.
13 (5) Any place, agency, clinic, or practice, public or
14 private, whether organized for profit or not, devoted
15 exclusively to the performance of dental or oral surgical
16 procedures.
17 (6) Any facility in which the performance of abortion
18 procedures, including procedures to terminate a pregnancy
19 or to manage pregnancy loss, is limited to those performed
20 without general, epidural, or spinal anesthesia, and which
21 is not otherwise required to be an ambulatory surgical
22 treatment center. For purposes of this paragraph,
23 "general, epidural, or spinal anesthesia" does not include
24 local anesthesia or intravenous sedation. Nothing in this
25 paragraph shall be construed to limit any such facility
26 from voluntarily electing to apply for licensure as an

HB2495- 59 -LRB101 11034 LNS 56235 b
1 ambulatory surgical treatment center.
2 (B) "Person" means any individual, firm, partnership,
3corporation, company, association, or joint stock association,
4or the legal successor thereof.
5 (C) "Department" means the Department of Public Health of
6the State of Illinois.
7 (D) "Director" means the Director of the Department of
8Public Health of the State of Illinois.
9 (E) "Physician" means a person licensed to practice
10medicine in all of its branches in the State of Illinois.
11 (F) "Dentist" means a person licensed to practice dentistry
12under the Illinois Dental Practice Act.
13 (G) "Podiatric physician" means a person licensed to
14practice podiatry under the Podiatric Medical Practice Act of
151987.
16(Source: P.A. 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15;
1799-180, eff. 7-29-15.)
18 Section 910-30. The Illinois Insurance Code is amended by
19changing Section 356z.4 and adding 356z.4a as follows:
20 (215 ILCS 5/356z.4)
21 Sec. 356z.4. Coverage for contraceptives.
22 (a)(1) The General Assembly hereby finds and declares all
23of the following:
24 (A) Illinois has a long history of expanding timely

HB2495- 60 -LRB101 11034 LNS 56235 b
1 access to birth control to prevent unintended pregnancy.
2 (B) The federal Patient Protection and Affordable Care
3 Act includes a contraceptive coverage guarantee as part of
4 a broader requirement for health insurance to cover key
5 preventive care services without out-of-pocket costs for
6 patients.
7 (C) The General Assembly intends to build on existing
8 State and federal law to promote gender equity and women's
9 health and to ensure greater contraceptive coverage equity
10 and timely access to all federal Food and Drug
11 Administration approved methods of birth control for all
12 individuals covered by an individual or group health
13 insurance policy in Illinois.
14 (D) Medical management techniques such as denials,
15 step therapy, or prior authorization in public and private
16 health care coverage can impede access to the most
17 effective contraceptive methods.
18 (2) As used in this subsection (a):
19 "Contraceptive services" includes consultations,
20examinations, procedures, and medical services related to the
21use of contraceptive methods (including natural family
22planning) to prevent an unintended pregnancy.
23 "Medical necessity", for the purposes of this subsection
24(a), includes, but is not limited to, considerations such as
25severity of side effects, differences in permanence and
26reversibility of contraceptive, and ability to adhere to the

HB2495- 61 -LRB101 11034 LNS 56235 b
1appropriate use of the item or service, as determined by the
2attending provider.
3 "Therapeutic equivalent version" means drugs, devices, or
4products that can be expected to have the same clinical effect
5and safety profile when administered to patients under the
6conditions specified in the labeling and satisfy the following
7general criteria:
8 (i) they are approved as safe and effective;
9 (ii) they are pharmaceutical equivalents in that they
10 (A) contain identical amounts of the same active drug
11 ingredient in the same dosage form and route of
12 administration and (B) meet compendial or other applicable
13 standards of strength, quality, purity, and identity;
14 (iii) they are bioequivalent in that (A) they do not
15 present a known or potential bioequivalence problem and
16 they meet an acceptable in vitro standard or (B) if they do
17 present such a known or potential problem, they are shown
18 to meet an appropriate bioequivalence standard;
19 (iv) they are adequately labeled; and
20 (v) they are manufactured in compliance with Current
21 Good Manufacturing Practice regulations.
22 (3) An individual or group policy of accident and health
23insurance amended, delivered, issued, or renewed in this State
24after the effective date of this amendatory Act of the 99th
25General Assembly shall provide coverage for all of the
26following services and contraceptive methods:

HB2495- 62 -LRB101 11034 LNS 56235 b
1 (A) All contraceptive drugs, devices, and other
2 products approved by the United States Food and Drug
3 Administration. This includes all over-the-counter
4 contraceptive drugs, devices, and products approved by the
5 United States Food and Drug Administration, excluding male
6 condoms. The following apply:
7 (i) If the United States Food and Drug
8 Administration has approved one or more therapeutic
9 equivalent versions of a contraceptive drug, device,
10 or product, a policy is not required to include all
11 such therapeutic equivalent versions in its formulary,
12 so long as at least one is included and covered without
13 cost-sharing and in accordance with this Section.
14 (ii) If an individual's attending provider
15 recommends a particular service or item approved by the
16 United States Food and Drug Administration based on a
17 determination of medical necessity with respect to
18 that individual, the plan or issuer must cover that
19 service or item without cost sharing. The plan or
20 issuer must defer to the determination of the attending
21 provider.
22 (iii) If a drug, device, or product is not covered,
23 plans and issuers must have an easily accessible,
24 transparent, and sufficiently expedient process that
25 is not unduly burdensome on the individual or a
26 provider or other individual acting as a patient's

HB2495- 63 -LRB101 11034 LNS 56235 b
1 authorized representative to ensure coverage without
2 cost sharing.
3 (iv) This coverage must provide for the dispensing
4 of 12 months' worth of contraception at one time.
5 (B) Voluntary sterilization procedures.
6 (C) Contraceptive services, patient education, and
7 counseling on contraception.
8 (D) Follow-up services related to the drugs, devices,
9 products, and procedures covered under this Section,
10 including, but not limited to, management of side effects,
11 counseling for continued adherence, and device insertion
12 and removal.
13 (4) Except as otherwise provided in this subsection (a), a
14policy subject to this subsection (a) shall not impose a
15deductible, coinsurance, copayment, or any other cost-sharing
16requirement on the coverage provided. The provisions of this
17paragraph do not apply to coverage of voluntary male
18sterilization procedures to the extent such coverage would
19disqualify a high-deductible health plan from eligibility for a
20health savings account pursuant to the federal Internal Revenue
21Code, 26 U.S.C. 223.
22 (5) Except as otherwise authorized under this subsection
23(a), a policy shall not impose any restrictions or delays on
24the coverage required under this subsection (a).
25 (6) If, at any time, the Secretary of the United States
26Department of Health and Human Services, or its successor

HB2495- 64 -LRB101 11034 LNS 56235 b
1agency, promulgates rules or regulations to be published in the
2Federal Register or publishes a comment in the Federal Register
3or issues an opinion, guidance, or other action that would
4require the State, pursuant to any provision of the Patient
5Protection and Affordable Care Act (Public Law 111-148),
6including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
7successor provision, to defray the cost of any coverage
8outlined in this subsection (a), then this subsection (a) is
9inoperative with respect to all coverage outlined in this
10subsection (a) other than that authorized under Section 1902 of
11the Social Security Act, 42 U.S.C. 1396a, and the State shall
12not assume any obligation for the cost of the coverage set
13forth in this subsection (a).
14 (b) This subsection (b) shall become operative if and only
15if subsection (a) becomes inoperative.
16 An individual or group policy of accident and health
17insurance amended, delivered, issued, or renewed in this State
18after the date this subsection (b) becomes operative that
19provides coverage for outpatient services and outpatient
20prescription drugs or devices must provide coverage for the
21insured and any dependent of the insured covered by the policy
22for all outpatient contraceptive services and all outpatient
23contraceptive drugs and devices approved by the Food and Drug
24Administration. Coverage required under this Section may not
25impose any deductible, coinsurance, waiting period, or other
26cost-sharing or limitation that is greater than that required

HB2495- 65 -LRB101 11034 LNS 56235 b
1for any outpatient service or outpatient prescription drug or
2device otherwise covered by the policy.
3 Nothing in this subsection (b) shall be construed to
4require an insurance company to cover services related to
5permanent sterilization that requires a surgical procedure.
6 As used in this subsection (b), "outpatient contraceptive
7service" means consultations, examinations, procedures, and
8medical services, provided on an outpatient basis and related
9to the use of contraceptive methods (including natural family
10planning) to prevent an unintended pregnancy.
11 (c) (Blank). Nothing in this Section shall be construed to
12require an insurance company to cover services related to an
13abortion as the term "abortion" is defined in the Illinois
14Abortion Law of 1975.
15 (d) If a plan or issuer utilizes a network of providers,
16nothing in this Section shall be construed to require coverage
17or to prohibit the plan or issuer from imposing cost-sharing
18for items or services described in this Section that are
19provided or delivered by an out-of-network provider, unless the
20plan or issuer does not have in its network a provider who is
21able to or is willing to provide the applicable items or
22services.
23(Source: P.A. 99-672, eff. 1-1-17; 100-1102, eff. 1-1-19.)
24 (215 ILCS 5/356z.4a new)
25 Sec. 356z.4a. Coverage for abortion.

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1 (a) Except as otherwise provided in this Section, no
2individual or group policy of accident and health insurance
3that provides pregnancy related benefits may be issued,
4amended, delivered, or renewed in this State after the
5effective date of this amendatory Act of the 101st General
6Assembly unless the policy provides a covered person with
7coverage for abortion care.
8 (b) Except as otherwise provided in this Section, a policy
9subject to this Section shall not impose a deductible,
10coinsurance, copayment, or any other cost-sharing requirement
11on the coverage provided.
12 (c) Except as otherwise authorized under this Section, a
13policy shall not impose any restrictions or delays on the
14coverage required under this Section.
15 (d) This Section does not, pursuant to 42 U.S.C. Sec.
1618054(a)(6), apply to a multistate plan that does not provide
17coverage for abortion.
18 (e) If the Department concludes that enforcement of this
19Section may adversely affect the allocation of federal funds to
20this State, the Department may grant an exemption to the
21requirements, but only to the minimum extent necessary to
22ensure the continued receipt of federal funds.
23 Section 910-35. The Health Maintenance Organization Act is
24amended by changing Section 5-3 as follows:

HB2495- 67 -LRB101 11034 LNS 56235 b
1 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
2 Sec. 5-3. Insurance Code provisions.
3 (a) Health Maintenance Organizations shall be subject to
4the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
5141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
6154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
7355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
8356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
9356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
10356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
11364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
12368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,
13409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
14Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
15XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
16 (b) For purposes of the Illinois Insurance Code, except for
17Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
18Maintenance Organizations in the following categories are
19deemed to be "domestic companies":
20 (1) a corporation authorized under the Dental Service
21 Plan Act or the Voluntary Health Services Plans Act;
22 (2) a corporation organized under the laws of this
23 State; or
24 (3) a corporation organized under the laws of another
25 state, 30% or more of the enrollees of which are residents
26 of this State, except a corporation subject to

HB2495- 68 -LRB101 11034 LNS 56235 b
1 substantially the same requirements in its state of
2 organization as is a "domestic company" under Article VIII
3 1/2 of the Illinois Insurance Code.
4 (c) In considering the merger, consolidation, or other
5acquisition of control of a Health Maintenance Organization
6pursuant to Article VIII 1/2 of the Illinois Insurance Code,
7 (1) the Director shall give primary consideration to
8 the continuation of benefits to enrollees and the financial
9 conditions of the acquired Health Maintenance Organization
10 after the merger, consolidation, or other acquisition of
11 control takes effect;
12 (2)(i) the criteria specified in subsection (1)(b) of
13 Section 131.8 of the Illinois Insurance Code shall not
14 apply and (ii) the Director, in making his determination
15 with respect to the merger, consolidation, or other
16 acquisition of control, need not take into account the
17 effect on competition of the merger, consolidation, or
18 other acquisition of control;
19 (3) the Director shall have the power to require the
20 following information:
21 (A) certification by an independent actuary of the
22 adequacy of the reserves of the Health Maintenance
23 Organization sought to be acquired;
24 (B) pro forma financial statements reflecting the
25 combined balance sheets of the acquiring company and
26 the Health Maintenance Organization sought to be

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1 acquired as of the end of the preceding year and as of
2 a date 90 days prior to the acquisition, as well as pro
3 forma financial statements reflecting projected
4 combined operation for a period of 2 years;
5 (C) a pro forma business plan detailing an
6 acquiring party's plans with respect to the operation
7 of the Health Maintenance Organization sought to be
8 acquired for a period of not less than 3 years; and
9 (D) such other information as the Director shall
10 require.
11 (d) The provisions of Article VIII 1/2 of the Illinois
12Insurance Code and this Section 5-3 shall apply to the sale by
13any health maintenance organization of greater than 10% of its
14enrollee population (including without limitation the health
15maintenance organization's right, title, and interest in and to
16its health care certificates).
17 (e) In considering any management contract or service
18agreement subject to Section 141.1 of the Illinois Insurance
19Code, the Director (i) shall, in addition to the criteria
20specified in Section 141.2 of the Illinois Insurance Code, take
21into account the effect of the management contract or service
22agreement on the continuation of benefits to enrollees and the
23financial condition of the health maintenance organization to
24be managed or serviced, and (ii) need not take into account the
25effect of the management contract or service agreement on
26competition.

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1 (f) Except for small employer groups as defined in the
2Small Employer Rating, Renewability and Portability Health
3Insurance Act and except for medicare supplement policies as
4defined in Section 363 of the Illinois Insurance Code, a Health
5Maintenance Organization may by contract agree with a group or
6other enrollment unit to effect refunds or charge additional
7premiums under the following terms and conditions:
8 (i) the amount of, and other terms and conditions with
9 respect to, the refund or additional premium are set forth
10 in the group or enrollment unit contract agreed in advance
11 of the period for which a refund is to be paid or
12 additional premium is to be charged (which period shall not
13 be less than one year); and
14 (ii) the amount of the refund or additional premium
15 shall not exceed 20% of the Health Maintenance
16 Organization's profitable or unprofitable experience with
17 respect to the group or other enrollment unit for the
18 period (and, for purposes of a refund or additional
19 premium, the profitable or unprofitable experience shall
20 be calculated taking into account a pro rata share of the
21 Health Maintenance Organization's administrative and
22 marketing expenses, but shall not include any refund to be
23 made or additional premium to be paid pursuant to this
24 subsection (f)). The Health Maintenance Organization and
25 the group or enrollment unit may agree that the profitable
26 or unprofitable experience may be calculated taking into

HB2495- 71 -LRB101 11034 LNS 56235 b
1 account the refund period and the immediately preceding 2
2 plan years.
3 The Health Maintenance Organization shall include a
4statement in the evidence of coverage issued to each enrollee
5describing the possibility of a refund or additional premium,
6and upon request of any group or enrollment unit, provide to
7the group or enrollment unit a description of the method used
8to calculate (1) the Health Maintenance Organization's
9profitable experience with respect to the group or enrollment
10unit and the resulting refund to the group or enrollment unit
11or (2) the Health Maintenance Organization's unprofitable
12experience with respect to the group or enrollment unit and the
13resulting additional premium to be paid by the group or
14enrollment unit.
15 In no event shall the Illinois Health Maintenance
16Organization Guaranty Association be liable to pay any
17contractual obligation of an insolvent organization to pay any
18refund authorized under this Section.
19 (g) Rulemaking authority to implement Public Act 95-1045,
20if any, is conditioned on the rules being adopted in accordance
21with all provisions of the Illinois Administrative Procedure
22Act and all rules and procedures of the Joint Committee on
23Administrative Rules; any purported rule not so adopted, for
24whatever reason, is unauthorized.
25(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
26100-138, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1026, eff.

HB2495- 72 -LRB101 11034 LNS 56235 b
18-22-18; 100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; revised
210-4-18.)
3 Section 910-40. The Voluntary Health Services Plans Act is
4amended by changing Section 10 as follows:
5 (215 ILCS 165/10) (from Ch. 32, par. 604)
6 Sec. 10. Application of Insurance Code provisions. Health
7services plan corporations and all persons interested therein
8or dealing therewith shall be subject to the provisions of
9Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
10143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
11356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
12356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
13356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
14356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
15356z.30, 356z.32, 364.01, 367.2, 368a, 401, 401.1, 402, 403,
16403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
17Section 367 of the Illinois Insurance Code.
18 Rulemaking authority to implement Public Act 95-1045, if
19any, is conditioned on the rules being adopted in accordance
20with all provisions of the Illinois Administrative Procedure
21Act and all rules and procedures of the Joint Committee on
22Administrative Rules; any purported rule not so adopted, for
23whatever reason, is unauthorized.
24(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

HB2495- 73 -LRB101 11034 LNS 56235 b
1100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
21-1-19; 100-1102, eff. 1-1-19; revised 10-4-18.)
3 Section 910-45. The Medical Practice Act of 1987 is amended
4by changing Section 22 and 36 as follows:
5 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
6 (Section scheduled to be repealed on December 31, 2019)
7 Sec. 22. Disciplinary action.
8 (A) The Department may revoke, suspend, place on probation,
9reprimand, refuse to issue or renew, or take any other
10disciplinary or non-disciplinary action as the Department may
11deem proper with regard to the license or permit of any person
12issued under this Act, including imposing fines not to exceed
13$10,000 for each violation, upon any of the following grounds:
14 (1) (Blank). Performance of an elective abortion in any
15 place, locale, facility, or institution other than:
16 (a) a facility licensed pursuant to the Ambulatory
17 Surgical Treatment Center Act;
18 (b) an institution licensed under the Hospital
19 Licensing Act;
20 (c) an ambulatory surgical treatment center or
21 hospitalization or care facility maintained by the
22 State or any agency thereof, where such department or
23 agency has authority under law to establish and enforce
24 standards for the ambulatory surgical treatment

HB2495- 74 -LRB101 11034 LNS 56235 b
1 centers, hospitalization, or care facilities under its
2 management and control;
3 (d) ambulatory surgical treatment centers,
4 hospitalization or care facilities maintained by the
5 Federal Government; or
6 (e) ambulatory surgical treatment centers,
7 hospitalization or care facilities maintained by any
8 university or college established under the laws of
9 this State and supported principally by public funds
10 raised by taxation.
11 (2) (Blank). Performance of an abortion procedure in a
12 willful and wanton manner on a woman who was not pregnant
13 at the time the abortion procedure was performed.
14 (3) A plea of guilty or nolo contendere, finding of
15 guilt, jury verdict, or entry of judgment or sentencing,
16 including, but not limited to, convictions, preceding
17 sentences of supervision, conditional discharge, or first
18 offender probation, under the laws of any jurisdiction of
19 the United States of any crime that is a felony.
20 (4) Gross negligence in practice under this Act.
21 (5) Engaging in dishonorable, unethical or
22 unprofessional conduct of a character likely to deceive,
23 defraud or harm the public.
24 (6) Obtaining any fee by fraud, deceit, or
25 misrepresentation.
26 (7) Habitual or excessive use or abuse of drugs defined

HB2495- 75 -LRB101 11034 LNS 56235 b
1 in law as controlled substances, of alcohol, or of any
2 other substances which results in the inability to practice
3 with reasonable judgment, skill or safety.
4 (8) Practicing under a false or, except as provided by
5 law, an assumed name.
6 (9) Fraud or misrepresentation in applying for, or
7 procuring, a license under this Act or in connection with
8 applying for renewal of a license under this Act.
9 (10) Making a false or misleading statement regarding
10 their skill or the efficacy or value of the medicine,
11 treatment, or remedy prescribed by them at their direction
12 in the treatment of any disease or other condition of the
13 body or mind.
14 (11) Allowing another person or organization to use
15 their license, procured under this Act, to practice.
16 (12) Adverse action taken by another state or
17 jurisdiction against a license or other authorization to
18 practice as a medical doctor, doctor of osteopathy, doctor
19 of osteopathic medicine or doctor of chiropractic, a
20 certified copy of the record of the action taken by the
21 other state or jurisdiction being prima facie evidence
22 thereof. This includes any adverse action taken by a State
23 or federal agency that prohibits a medical doctor, doctor
24 of osteopathy, doctor of osteopathic medicine, or doctor of
25 chiropractic from providing services to the agency's
26 participants.

HB2495- 76 -LRB101 11034 LNS 56235 b
1 (13) Violation of any provision of this Act or of the
2 Medical Practice Act prior to the repeal of that Act, or
3 violation of the rules, or a final administrative action of
4 the Secretary, after consideration of the recommendation
5 of the Disciplinary Board.
6 (14) Violation of the prohibition against fee
7 splitting in Section 22.2 of this Act.
8 (15) A finding by the Disciplinary Board that the
9 registrant after having his or her license placed on
10 probationary status or subjected to conditions or
11 restrictions violated the terms of the probation or failed
12 to comply with such terms or conditions.
13 (16) Abandonment of a patient.
14 (17) Prescribing, selling, administering,
15 distributing, giving or self-administering any drug
16 classified as a controlled substance (designated product)
17 or narcotic for other than medically accepted therapeutic
18 purposes.
19 (18) Promotion of the sale of drugs, devices,
20 appliances or goods provided for a patient in such manner
21 as to exploit the patient for financial gain of the
22 physician.
23 (19) Offering, undertaking or agreeing to cure or treat
24 disease by a secret method, procedure, treatment or
25 medicine, or the treating, operating or prescribing for any
26 human condition by a method, means or procedure which the

HB2495- 77 -LRB101 11034 LNS 56235 b
1 licensee refuses to divulge upon demand of the Department.
2 (20) Immoral conduct in the commission of any act
3 including, but not limited to, commission of an act of
4 sexual misconduct related to the licensee's practice.
5 (21) Willfully making or filing false records or
6 reports in his or her practice as a physician, including,
7 but not limited to, false records to support claims against
8 the medical assistance program of the Department of
9 Healthcare and Family Services (formerly Department of
10 Public Aid) under the Illinois Public Aid Code.
11 (22) Willful omission to file or record, or willfully
12 impeding the filing or recording, or inducing another
13 person to omit to file or record, medical reports as
14 required by law, or willfully failing to report an instance
15 of suspected abuse or neglect as required by law.
16 (23) Being named as a perpetrator in an indicated
17 report by the Department of Children and Family Services
18 under the Abused and Neglected Child Reporting Act, and
19 upon proof by clear and convincing evidence that the
20 licensee has caused a child to be an abused child or
21 neglected child as defined in the Abused and Neglected
22 Child Reporting Act.
23 (24) Solicitation of professional patronage by any
24 corporation, agents or persons, or profiting from those
25 representing themselves to be agents of the licensee.
26 (25) Gross and willful and continued overcharging for

HB2495- 78 -LRB101 11034 LNS 56235 b
1 professional services, including filing false statements
2 for collection of fees for which services are not rendered,
3 including, but not limited to, filing such false statements
4 for collection of monies for services not rendered from the
5 medical assistance program of the Department of Healthcare
6 and Family Services (formerly Department of Public Aid)
7 under the Illinois Public Aid Code.
8 (26) A pattern of practice or other behavior which
9 demonstrates incapacity or incompetence to practice under
10 this Act.
11 (27) Mental illness or disability which results in the
12 inability to practice under this Act with reasonable
13 judgment, skill or safety.
14 (28) Physical illness, including, but not limited to,
15 deterioration through the aging process, or loss of motor
16 skill which results in a physician's inability to practice
17 under this Act with reasonable judgment, skill or safety.
18 (29) Cheating on or attempt to subvert the licensing
19 examinations administered under this Act.
20 (30) Willfully or negligently violating the
21 confidentiality between physician and patient except as
22 required by law.
23 (31) The use of any false, fraudulent, or deceptive
24 statement in any document connected with practice under
25 this Act.
26 (32) Aiding and abetting an individual not licensed

HB2495- 79 -LRB101 11034 LNS 56235 b
1 under this Act in the practice of a profession licensed
2 under this Act.
3 (33) Violating state or federal laws or regulations
4 relating to controlled substances, legend drugs, or
5 ephedra as defined in the Ephedra Prohibition Act.
6 (34) Failure to report to the Department any adverse
7 final action taken against them by another licensing
8 jurisdiction (any other state or any territory of the
9 United States or any foreign state or country), by any peer
10 review body, by any health care institution, by any
11 professional society or association related to practice
12 under this Act, by any governmental agency, by any law
13 enforcement agency, or by any court for acts or conduct
14 similar to acts or conduct which would constitute grounds
15 for action as defined in this Section.
16 (35) Failure to report to the Department surrender of a
17 license or authorization to practice as a medical doctor, a
18 doctor of osteopathy, a doctor of osteopathic medicine, or
19 doctor of chiropractic in another state or jurisdiction, or
20 surrender of membership on any medical staff or in any
21 medical or professional association or society, while
22 under disciplinary investigation by any of those
23 authorities or bodies, for acts or conduct similar to acts
24 or conduct which would constitute grounds for action as
25 defined in this Section.
26 (36) Failure to report to the Department any adverse

HB2495- 80 -LRB101 11034 LNS 56235 b
1 judgment, settlement, or award arising from a liability
2 claim related to acts or conduct similar to acts or conduct
3 which would constitute grounds for action as defined in
4 this Section.
5 (37) Failure to provide copies of medical records as
6 required by law.
7 (38) Failure to furnish the Department, its
8 investigators or representatives, relevant information,
9 legally requested by the Department after consultation
10 with the Chief Medical Coordinator or the Deputy Medical
11 Coordinator.
12 (39) Violating the Health Care Worker Self-Referral
13 Act.
14 (40) Willful failure to provide notice when notice is
15 required under the Parental Notice of Abortion Act of 1995.
16 (41) Failure to establish and maintain records of
17 patient care and treatment as required by this law.
18 (42) Entering into an excessive number of written
19 collaborative agreements with licensed advanced practice
20 registered nurses resulting in an inability to adequately
21 collaborate.
22 (43) Repeated failure to adequately collaborate with a
23 licensed advanced practice registered nurse.
24 (44) Violating the Compassionate Use of Medical
25 Cannabis Pilot Program Act.
26 (45) Entering into an excessive number of written

HB2495- 81 -LRB101 11034 LNS 56235 b
1 collaborative agreements with licensed prescribing
2 psychologists resulting in an inability to adequately
3 collaborate.
4 (46) Repeated failure to adequately collaborate with a
5 licensed prescribing psychologist.
6 (47) Willfully failing to report an instance of
7 suspected abuse, neglect, financial exploitation, or
8 self-neglect of an eligible adult as defined in and
9 required by the Adult Protective Services Act.
10 (48) Being named as an abuser in a verified report by
11 the Department on Aging under the Adult Protective Services
12 Act, and upon proof by clear and convincing evidence that
13 the licensee abused, neglected, or financially exploited
14 an eligible adult as defined in the Adult Protective
15 Services Act.
16 (49) Entering into an excessive number of written
17 collaborative agreements with licensed physician
18 assistants resulting in an inability to adequately
19 collaborate.
20 (50) Repeated failure to adequately collaborate with a
21 physician assistant.
22 Except for actions involving the ground numbered (26), all
23proceedings to suspend, revoke, place on probationary status,
24or take any other disciplinary action as the Department may
25deem proper, with regard to a license on any of the foregoing
26grounds, must be commenced within 5 years next after receipt by

HB2495- 82 -LRB101 11034 LNS 56235 b
1the Department of a complaint alleging the commission of or
2notice of the conviction order for any of the acts described
3herein. Except for the grounds numbered (8), (9), (26), and
4(29), no action shall be commenced more than 10 years after the
5date of the incident or act alleged to have violated this
6Section. For actions involving the ground numbered (26), a
7pattern of practice or other behavior includes all incidents
8alleged to be part of the pattern of practice or other behavior
9that occurred, or a report pursuant to Section 23 of this Act
10received, within the 10-year period preceding the filing of the
11complaint. In the event of the settlement of any claim or cause
12of action in favor of the claimant or the reduction to final
13judgment of any civil action in favor of the plaintiff, such
14claim, cause of action or civil action being grounded on the
15allegation that a person licensed under this Act was negligent
16in providing care, the Department shall have an additional
17period of 2 years from the date of notification to the
18Department under Section 23 of this Act of such settlement or
19final judgment in which to investigate and commence formal
20disciplinary proceedings under Section 36 of this Act, except
21as otherwise provided by law. The time during which the holder
22of the license was outside the State of Illinois shall not be
23included within any period of time limiting the commencement of
24disciplinary action by the Department.
25 The entry of an order or judgment by any circuit court
26establishing that any person holding a license under this Act

HB2495- 83 -LRB101 11034 LNS 56235 b
1is a person in need of mental treatment operates as a
2suspension of that license. That person may resume their
3practice only upon the entry of a Departmental order based upon
4a finding by the Disciplinary Board that they have been
5determined to be recovered from mental illness by the court and
6upon the Disciplinary Board's recommendation that they be
7permitted to resume their practice.
8 The Department may refuse to issue or take disciplinary
9action concerning the license of any person who fails to file a
10return, or to pay the tax, penalty or interest shown in a filed
11return, or to pay any final assessment of tax, penalty or
12interest, as required by any tax Act administered by the
13Illinois Department of Revenue, until such time as the
14requirements of any such tax Act are satisfied as determined by
15the Illinois Department of Revenue.
16 The Department, upon the recommendation of the
17Disciplinary Board, shall adopt rules which set forth standards
18to be used in determining:
19 (a) when a person will be deemed sufficiently
20 rehabilitated to warrant the public trust;
21 (b) what constitutes dishonorable, unethical or
22 unprofessional conduct of a character likely to deceive,
23 defraud, or harm the public;
24 (c) what constitutes immoral conduct in the commission
25 of any act, including, but not limited to, commission of an
26 act of sexual misconduct related to the licensee's

HB2495- 84 -LRB101 11034 LNS 56235 b
1 practice; and
2 (d) what constitutes gross negligence in the practice
3 of medicine.
4 However, no such rule shall be admissible into evidence in
5any civil action except for review of a licensing or other
6disciplinary action under this Act.
7 In enforcing this Section, the Disciplinary Board or the
8Licensing Board, upon a showing of a possible violation, may
9compel, in the case of the Disciplinary Board, any individual
10who is licensed to practice under this Act or holds a permit to
11practice under this Act, or, in the case of the Licensing
12Board, any individual who has applied for licensure or a permit
13pursuant to this Act, to submit to a mental or physical
14examination and evaluation, or both, which may include a
15substance abuse or sexual offender evaluation, as required by
16the Licensing Board or Disciplinary Board and at the expense of
17the Department. The Disciplinary Board or Licensing Board shall
18specifically designate the examining physician licensed to
19practice medicine in all of its branches or, if applicable, the
20multidisciplinary team involved in providing the mental or
21physical examination and evaluation, or both. The
22multidisciplinary team shall be led by a physician licensed to
23practice medicine in all of its branches and may consist of one
24or more or a combination of physicians licensed to practice
25medicine in all of its branches, licensed chiropractic
26physicians, licensed clinical psychologists, licensed clinical

HB2495- 85 -LRB101 11034 LNS 56235 b
1social workers, licensed clinical professional counselors, and
2other professional and administrative staff. Any examining
3physician or member of the multidisciplinary team may require
4any person ordered to submit to an examination and evaluation
5pursuant to this Section to submit to any additional
6supplemental testing deemed necessary to complete any
7examination or evaluation process, including, but not limited
8to, blood testing, urinalysis, psychological testing, or
9neuropsychological testing. The Disciplinary Board, the
10Licensing Board, or the Department may order the examining
11physician or any member of the multidisciplinary team to
12provide to the Department, the Disciplinary Board, or the
13Licensing Board any and all records, including business
14records, that relate to the examination and evaluation,
15including any supplemental testing performed. The Disciplinary
16Board, the Licensing Board, or the Department may order the
17examining physician or any member of the multidisciplinary team
18to present testimony concerning this examination and
19evaluation of the licensee, permit holder, or applicant,
20including testimony concerning any supplemental testing or
21documents relating to the examination and evaluation. No
22information, report, record, or other documents in any way
23related to the examination and evaluation shall be excluded by
24reason of any common law or statutory privilege relating to
25communication between the licensee, permit holder, or
26applicant and the examining physician or any member of the

HB2495- 86 -LRB101 11034 LNS 56235 b
1multidisciplinary team. No authorization is necessary from the
2licensee, permit holder, or applicant ordered to undergo an
3evaluation and examination for the examining physician or any
4member of the multidisciplinary team to provide information,
5reports, records, or other documents or to provide any
6testimony regarding the examination and evaluation. The
7individual to be examined may have, at his or her own expense,
8another physician of his or her choice present during all
9aspects of the examination. Failure of any individual to submit
10to mental or physical examination and evaluation, or both, when
11directed, shall result in an automatic suspension, without
12hearing, until such time as the individual submits to the
13examination. If the Disciplinary Board or Licensing Board finds
14a physician unable to practice following an examination and
15evaluation because of the reasons set forth in this Section,
16the Disciplinary Board or Licensing Board shall require such
17physician to submit to care, counseling, or treatment by
18physicians, or other health care professionals, approved or
19designated by the Disciplinary Board, as a condition for
20issued, continued, reinstated, or renewed licensure to
21practice. Any physician, whose license was granted pursuant to
22Sections 9, 17, or 19 of this Act, or, continued, reinstated,
23renewed, disciplined or supervised, subject to such terms,
24conditions or restrictions who shall fail to comply with such
25terms, conditions or restrictions, or to complete a required
26program of care, counseling, or treatment, as determined by the

HB2495- 87 -LRB101 11034 LNS 56235 b
1Chief Medical Coordinator or Deputy Medical Coordinators,
2shall be referred to the Secretary for a determination as to
3whether the licensee shall have their license suspended
4immediately, pending a hearing by the Disciplinary Board. In
5instances in which the Secretary immediately suspends a license
6under this Section, a hearing upon such person's license must
7be convened by the Disciplinary Board within 15 days after such
8suspension and completed without appreciable delay. The
9Disciplinary Board shall have the authority to review the
10subject physician's record of treatment and counseling
11regarding the impairment, to the extent permitted by applicable
12federal statutes and regulations safeguarding the
13confidentiality of medical records.
14 An individual licensed under this Act, affected under this
15Section, shall be afforded an opportunity to demonstrate to the
16Disciplinary Board that they can resume practice in compliance
17with acceptable and prevailing standards under the provisions
18of their license.
19 The Department may promulgate rules for the imposition of
20fines in disciplinary cases, not to exceed $10,000 for each
21violation of this Act. Fines may be imposed in conjunction with
22other forms of disciplinary action, but shall not be the
23exclusive disposition of any disciplinary action arising out of
24conduct resulting in death or injury to a patient. Any funds
25collected from such fines shall be deposited in the Illinois
26State Medical Disciplinary Fund.

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1 All fines imposed under this Section shall be paid within
260 days after the effective date of the order imposing the fine
3or in accordance with the terms set forth in the order imposing
4the fine.
5 (B) The Department shall revoke the license or permit
6issued under this Act to practice medicine or a chiropractic
7physician who has been convicted a second time of committing
8any felony under the Illinois Controlled Substances Act or the
9Methamphetamine Control and Community Protection Act, or who
10has been convicted a second time of committing a Class 1 felony
11under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
12person whose license or permit is revoked under this subsection
13B shall be prohibited from practicing medicine or treating
14human ailments without the use of drugs and without operative
15surgery.
16 (C) The Department shall not revoke, suspend, place on
17probation, reprimand, refuse to issue or renew, or take any
18other disciplinary or non-disciplinary action against the
19license or permit issued under this Act to practice medicine to
20a physician:
21 (1) based solely upon the recommendation of the
22 physician to an eligible patient regarding, or
23 prescription for, or treatment with, an investigational
24 drug, biological product, or device; or
25 (2) for experimental treatment for Lyme disease or
26 other tick-borne diseases, including, but not limited to,

HB2495- 89 -LRB101 11034 LNS 56235 b
1 the prescription of or treatment with long-term
2 antibiotics.
3 (D) The Disciplinary Board shall recommend to the
4Department civil penalties and any other appropriate
5discipline in disciplinary cases when the Board finds that a
6physician willfully performed an abortion with actual
7knowledge that the person upon whom the abortion has been
8performed is a minor or an incompetent person without notice as
9required under the Parental Notice of Abortion Act of 1995.
10Upon the Board's recommendation, the Department shall impose,
11for the first violation, a civil penalty of $1,000 and for a
12second or subsequent violation, a civil penalty of $5,000.
13(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
14100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
151-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
1612-19-18.)
17 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
18 (Section scheduled to be repealed on December 31, 2019)
19 Sec. 36. Investigation; notice.
20 (a) Upon the motion of either the Department or the
21Disciplinary Board or upon the verified complaint in writing of
22any person setting forth facts which, if proven, would
23constitute grounds for suspension or revocation under Section
2422 of this Act, the Department shall investigate the actions of
25any person, so accused, who holds or represents that they hold

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1a license. Such person is hereinafter called the accused.
2 (b) The Department shall, before suspending, revoking,
3placing on probationary status, or taking any other
4disciplinary action as the Department may deem proper with
5regard to any license at least 30 days prior to the date set
6for the hearing, notify the accused in writing of any charges
7made and the time and place for a hearing of the charges before
8the Disciplinary Board, direct them to file their written
9answer thereto to the Disciplinary Board under oath within 20
10days after the service on them of such notice and inform them
11that if they fail to file such answer default will be taken
12against them and their license may be suspended, revoked,
13placed on probationary status, or have other disciplinary
14action, including limiting the scope, nature or extent of their
15practice, as the Department may deem proper taken with regard
16thereto. The Department shall, at least 14 days prior to the
17date set for the hearing, notify in writing any person who
18filed a complaint against the accused of the time and place for
19the hearing of the charges against the accused before the
20Disciplinary Board and inform such person whether he or she may
21provide testimony at the hearing.
22 (c) (Blank). Where a physician has been found, upon
23complaint and investigation of the Department, and after
24hearing, to have performed an abortion procedure in a wilful
25and wanton manner upon a woman who was not pregnant at the time
26such abortion procedure was performed, the Department shall

HB2495- 91 -LRB101 11034 LNS 56235 b
1automatically revoke the license of such physician to practice
2medicine in Illinois.
3 (d) Such written notice and any notice in such proceedings
4thereafter may be served by delivery of the same, personally,
5to the accused person, or by mailing the same by registered or
6certified mail to the accused person's address of record.
7 (e) All information gathered by the Department during its
8investigation including information subpoenaed under Section
923 or 38 of this Act and the investigative file shall be kept
10for the confidential use of the Secretary, Disciplinary Board,
11the Medical Coordinators, persons employed by contract to
12advise the Medical Coordinator or the Department, the
13Disciplinary Board's attorneys, the medical investigative
14staff, and authorized clerical staff, as provided in this Act
15and shall be afforded the same status as is provided
16information concerning medical studies in Part 21 of Article
17VIII of the Code of Civil Procedure, except that the Department
18may disclose information and documents to a federal, State, or
19local law enforcement agency pursuant to a subpoena in an
20ongoing criminal investigation to a health care licensing body
21of this State or another state or jurisdiction pursuant to an
22official request made by that licensing body. Furthermore,
23information and documents disclosed to a federal, State, or
24local law enforcement agency may be used by that agency only
25for the investigation and prosecution of a criminal offense or,
26in the case of disclosure to a health care licensing body, only

HB2495- 92 -LRB101 11034 LNS 56235 b
1for investigations and disciplinary action proceedings with
2regard to a license issued by that licensing body.
3(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
498-1140, eff. 12-30-14.)
5 Section 910-50. The Nurse Practice Act is amended by
6changing Section 65-35 and 65-43 as follows:
7 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
8 (Section scheduled to be repealed on January 1, 2028)
9 Sec. 65-35. Written collaborative agreements.
10 (a) A written collaborative agreement is required for all
11advanced practice registered nurses engaged in clinical
12practice prior to meeting the requirements of Section 65-43,
13except for advanced practice registered nurses who are
14privileged to practice in a hospital, hospital affiliate, or
15ambulatory surgical treatment center.
16 (a-5) If an advanced practice registered nurse engages in
17clinical practice outside of a hospital, hospital affiliate, or
18ambulatory surgical treatment center in which he or she is
19privileged to practice, the advanced practice registered nurse
20must have a written collaborative agreement, except as set
21forth in Section 65-43.
22 (b) A written collaborative agreement shall describe the
23relationship of the advanced practice registered nurse with the
24collaborating physician and shall describe the categories of

HB2495- 93 -LRB101 11034 LNS 56235 b
1care, treatment, or procedures to be provided by the advanced
2practice registered nurse. A collaborative agreement with a
3podiatric physician must be in accordance with subsection (c-5)
4or (c-15) of this Section. A collaborative agreement with a
5dentist must be in accordance with subsection (c-10) of this
6Section. A collaborative agreement with a podiatric physician
7must be in accordance with subsection (c-5) of this Section.
8Collaboration does not require an employment relationship
9between the collaborating physician and the advanced practice
10registered nurse.
11 The collaborative relationship under an agreement shall
12not be construed to require the personal presence of a
13collaborating physician at the place where services are
14rendered. Methods of communication shall be available for
15consultation with the collaborating physician in person or by
16telecommunications or electronic communications as set forth
17in the written agreement.
18 (b-5) Absent an employment relationship, a written
19collaborative agreement may not (1) restrict the categories of
20patients of an advanced practice registered nurse within the
21scope of the advanced practice registered nurses training and
22experience, (2) limit third party payors or government health
23programs, such as the medical assistance program or Medicare
24with which the advanced practice registered nurse contracts, or
25(3) limit the geographic area or practice location of the
26advanced practice registered nurse in this State.

HB2495- 94 -LRB101 11034 LNS 56235 b
1 (c) In the case of anesthesia services provided by a
2certified registered nurse anesthetist, an anesthesiologist, a
3physician, a dentist, or a podiatric physician must participate
4through discussion of and agreement with the anesthesia plan
5and remain physically present and available on the premises
6during the delivery of anesthesia services for diagnosis,
7consultation, and treatment of emergency medical conditions.
8 (c-5) A certified registered nurse anesthetist, who
9provides anesthesia services outside of a hospital or
10ambulatory surgical treatment center shall enter into a written
11collaborative agreement with an anesthesiologist or the
12physician licensed to practice medicine in all its branches or
13the podiatric physician performing the procedure. Outside of a
14hospital or ambulatory surgical treatment center, the
15certified registered nurse anesthetist may provide only those
16services that the collaborating podiatric physician is
17authorized to provide pursuant to the Podiatric Medical
18Practice Act of 1987 and rules adopted thereunder. A certified
19registered nurse anesthetist may select, order, and administer
20medication, including controlled substances, and apply
21appropriate medical devices for delivery of anesthesia
22services under the anesthesia plan agreed with by the
23anesthesiologist or the operating physician or operating
24podiatric physician.
25 (c-10) A certified registered nurse anesthetist who
26provides anesthesia services in a dental office shall enter

HB2495- 95 -LRB101 11034 LNS 56235 b
1into a written collaborative agreement with an
2anesthesiologist or the physician licensed to practice
3medicine in all its branches or the operating dentist
4performing the procedure. The agreement shall describe the
5working relationship of the certified registered nurse
6anesthetist and dentist and shall authorize the categories of
7care, treatment, or procedures to be performed by the certified
8registered nurse anesthetist. In a collaborating dentist's
9office, the certified registered nurse anesthetist may only
10provide those services that the operating dentist with the
11appropriate permit is authorized to provide pursuant to the
12Illinois Dental Practice Act and rules adopted thereunder. For
13anesthesia services, an anesthesiologist, physician, or
14operating dentist shall participate through discussion of and
15agreement with the anesthesia plan and shall remain physically
16present and be available on the premises during the delivery of
17anesthesia services for diagnosis, consultation, and treatment
18of emergency medical conditions. A certified registered nurse
19anesthetist may select, order, and administer medication,
20including controlled substances, and apply appropriate medical
21devices for delivery of anesthesia services under the
22anesthesia plan agreed with by the operating dentist.
23 (c-15) An advanced practice registered nurse who had a
24written collaborative agreement with a podiatric physician
25immediately before the effective date of Public Act 100-513 may
26continue in that collaborative relationship or enter into a new

HB2495- 96 -LRB101 11034 LNS 56235 b
1written collaborative relationship with a podiatric physician
2under the requirements of this Section and Section 65-40, as
3those Sections existed immediately before the amendment of
4those Sections by Public Act 100-513 with regard to a written
5collaborative agreement between an advanced practice
6registered nurse and a podiatric physician.
7 (d) A copy of the signed, written collaborative agreement
8must be available to the Department upon request from both the
9advanced practice registered nurse and the collaborating
10physician, dentist, or podiatric physician.
11 (e) Nothing in this Act shall be construed to limit the
12delegation of tasks or duties by a physician to a licensed
13practical nurse, a registered professional nurse, or other
14persons in accordance with Section 54.2 of the Medical Practice
15Act of 1987. Nothing in this Act shall be construed to limit
16the method of delegation that may be authorized by any means,
17including, but not limited to, oral, written, electronic,
18standing orders, protocols, guidelines, or verbal orders.
19 (e-5) Nothing in this Act shall be construed to authorize
20an advanced practice registered nurse to provide health care
21services required by law or rule to be performed by a
22physician. , including those acts to be performed by a
23physician in Section 3.1 of the Illinois Abortion Law of 1975.
24 (f) An advanced practice registered nurse shall inform each
25collaborating physician, dentist, or podiatric physician of
26all collaborative agreements he or she has signed and provide a

HB2495- 97 -LRB101 11034 LNS 56235 b
1copy of these to any collaborating physician, dentist, or
2podiatric physician upon request.
3 (g) (Blank).
4(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18;
5100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)
6 (225 ILCS 65/65-43)
7 (Section scheduled to be repealed on January 1, 2028)
8 Sec. 65-43. Full practice authority.
9 (a) An Illinois-licensed advanced practice registered
10nurse certified as a nurse practitioner, nurse midwife, or
11clinical nurse specialist shall be deemed by law to possess the
12ability to practice without a written collaborative agreement
13as set forth in this Section.
14 (b) An advanced practice registered nurse certified as a
15nurse midwife, clinical nurse specialist, or nurse
16practitioner who files with the Department a notarized
17attestation of completion of at least 250 hours of continuing
18education or training and at least 4,000 hours of clinical
19experience after first attaining national certification shall
20not require a written collaborative agreement, except as
21specified in subsection (c). Documentation of successful
22completion shall be provided to the Department upon request.
23 Continuing education or training hours required by
24subsection (b) shall be in the advanced practice registered
25nurse's area of certification as set forth by Department rule.

HB2495- 98 -LRB101 11034 LNS 56235 b
1 The clinical experience must be in the advanced practice
2registered nurse's area of certification. The clinical
3experience shall be in collaboration with a physician or
4physicians. Completion of the clinical experience must be
5attested to by the collaborating physician or physicians and
6the advanced practice registered nurse.
7 (c) The scope of practice of an advanced practice
8registered nurse with full practice authority includes:
9 (1) all matters included in subsection (c) of Section
10 65-30 of this Act;
11 (2) practicing without a written collaborative
12 agreement in all practice settings consistent with
13 national certification;
14 (3) authority to prescribe both legend drugs and
15 Schedule II through V controlled substances; this
16 authority includes prescription of, selection of, orders
17 for, administration of, storage of, acceptance of samples
18 of, and dispensing over the counter medications, legend
19 drugs, and controlled substances categorized as any
20 Schedule II through V controlled substances, as defined in
21 Article II of the Illinois Controlled Substances Act, and
22 other preparations, including, but not limited to,
23 botanical and herbal remedies;
24 (4) prescribing benzodiazepines or Schedule II
25 narcotic drugs, such as opioids, only in a consultation
26 relationship with a physician; this consultation

HB2495- 99 -LRB101 11034 LNS 56235 b
1 relationship shall be recorded in the Prescription
2 Monitoring Program website, pursuant to Section 316 of the
3 Illinois Controlled Substances Act, by the physician and
4 advanced practice registered nurse with full practice
5 authority and is not required to be filed with the
6 Department; the specific Schedule II narcotic drug must be
7 identified by either brand name or generic name; the
8 specific Schedule II narcotic drug, such as an opioid, may
9 be administered by oral dosage or topical or transdermal
10 application; delivery by injection or other route of
11 administration is not permitted; at least monthly, the
12 advanced practice registered nurse and the physician must
13 discuss the condition of any patients for whom a
14 benzodiazepine or opioid is prescribed; nothing in this
15 subsection shall be construed to require a prescription by
16 an advanced practice registered nurse with full practice
17 authority to require a physician name;
18 (5) authority to obtain an Illinois controlled
19 substance license and a federal Drug Enforcement
20 Administration number; and
21 (6) use of only local anesthetic.
22 The scope of practice of an advanced practice registered
23nurse does not include operative surgery. For the purposes of
24this Act, "operative surgery" does not include abortions as
25defined in Section 10 of the Reproductive Health Act, or
26procedures to manage pregnancy loss.

HB2495- 100 -LRB101 11034 LNS 56235 b
1 (d) The Department may adopt rules necessary to administer
2this Section, including, but not limited to, requiring the
3completion of forms and the payment of fees.
4 (e) Nothing in this Act shall be construed to authorize an
5advanced practice registered nurse with full practice
6authority to provide health care services required by law or
7rule to be performed by a physician, including, but not limited
8to, those acts to be performed by a physician in Section 3.1 of
9the Illinois Abortion Law of 1975.
10(Source: P.A. 100-513, eff. 1-1-18.)
11 Section 910-55. The Vital Records Act is amended by
12changing Section 1 as follows:
13 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
14 Sec. 1. As used in this Act, unless the context otherwise
15requires:
16 (1) "Vital records" means records of births, deaths, fetal
17deaths, marriages, dissolution of marriages, and data related
18thereto.
19 (2) "System of vital records" includes the registration,
20collection, preservation, amendment, and certification of
21vital records, and activities related thereto.
22 (3) "Filing" means the presentation of a certificate,
23report, or other record provided for in this Act, of a birth,
24death, fetal death, adoption, marriage, or dissolution of

HB2495- 101 -LRB101 11034 LNS 56235 b
1marriage, for registration by the Office of Vital Records.
2 (4) "Registration" means the acceptance by the Office of
3Vital Records and the incorporation in its official records of
4certificates, reports, or other records provided for in this
5Act, of births, deaths, fetal deaths, adoptions, marriages, or
6dissolution of marriages.
7 (5) "Live birth" means the complete expulsion or extraction
8from its mother of a product of human conception, irrespective
9of the duration of pregnancy, which after such separation
10breathes or shows any other evidence of life such as beating of
11the heart, pulsation of the umbilical cord, or definite
12movement of voluntary muscles, whether or not the umbilical
13cord has been cut or the placenta is attached.
14 (6) "Fetal death" means death prior to the complete
15expulsion or extraction from the uterus its mother of a product
16of human conception, irrespective of the duration of pregnancy,
17and which is not due to an abortion as defined in Section 10 of
18the Reproductive Health Act. ; The the death is indicated by
19the fact that after such separation the fetus does not breathe
20or show any other evidence of life such as beating of the
21heart, pulsation of the umbilical cord, or definite movement of
22voluntary muscles.
23 (7) "Dead body" means a lifeless human body or parts of
24such body or bones thereof from the state of which it may
25reasonably be concluded that death has occurred.
26 (8) "Final disposition" means the burial, cremation, or

HB2495- 102 -LRB101 11034 LNS 56235 b
1other disposition of a dead human body or fetus or parts
2thereof.
3 (9) "Physician" means a person licensed to practice
4medicine in Illinois or any other state.
5 (10) "Institution" means any establishment, public or
6private, which provides in-patient medical, surgical, or
7diagnostic care or treatment, or nursing, custodial, or
8domiciliary care to 2 or more unrelated individuals, or to
9which persons are committed by law.
10 (11) "Department" means the Department of Public Health of
11the State of Illinois.
12 (12) "Director" means the Director of the Illinois
13Department of Public Health.
14 (13) "Licensed health care professional" means a person
15licensed to practice as a physician, advanced practice
16registered nurse, or physician assistant in Illinois or any
17other state.
18 (14) "Licensed mental health professional" means a person
19who is licensed or registered to provide mental health services
20by the Department of Financial and Professional Regulation or a
21board of registration duly authorized to register or grant
22licenses to persons engaged in the practice of providing mental
23health services in Illinois or any other state.
24 (15) "Intersex condition" means a condition in which a
25person is born with a reproductive or sexual anatomy or
26chromosome pattern that does not fit typical definitions of

HB2495- 103 -LRB101 11034 LNS 56235 b
1male or female.
2 (16) "Homeless person" means an individual who meets the
3definition of "homeless" under Section 103 of the federal
4McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
5individual residing in any of the living situations described
6in 42 U.S.C. 11434a(2).
7(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
8100-863, eff. 8-14-18.)
9 Section 910-60. The Environmental Protection Act is
10amended by changing Section 56.1 as follows:
11 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
12 Sec. 56.1. Acts prohibited.
13 (A) No person shall:
14 (a) Cause or allow the disposal of any potentially
15 infectious medical waste. Sharps may be disposed in any
16 landfill permitted by the Agency under Section 21 of this
17 Act to accept municipal waste for disposal, if both:
18 (1) the infectious potential has been eliminated
19 from the sharps by treatment; and
20 (2) the sharps are packaged in accordance with
21 Board regulations.
22 (b) Cause or allow the delivery of any potentially
23 infectious medical waste for transport, storage,
24 treatment, or transfer except in accordance with Board

HB2495- 104 -LRB101 11034 LNS 56235 b
1 regulations.
2 (c) Beginning July 1, 1992, cause or allow the delivery
3 of any potentially infectious medical waste to a person or
4 facility for storage, treatment, or transfer that does not
5 have a permit issued by the agency to receive potentially
6 infectious medical waste, unless no permit is required
7 under subsection (g)(1).
8 (d) Beginning July 1, 1992, cause or allow the delivery
9 or transfer of any potentially infectious medical waste for
10 transport unless:
11 (1) the transporter has a permit issued by the
12 Agency to transport potentially infectious medical
13 waste, or the transporter is exempt from the permit
14 requirement set forth in subsection (f)(l).
15 (2) a potentially infectious medical waste
16 manifest is completed for the waste if a manifest is
17 required under subsection (h).
18 (e) Cause or allow the acceptance of any potentially
19 infectious medical waste for purposes of transport,
20 storage, treatment, or transfer except in accordance with
21 Board regulations.
22 (f) Beginning July 1, 1992, conduct any potentially
23 infectious medical waste transportation operation:
24 (1) Without a permit issued by the Agency to
25 transport potentially infectious medical waste. No
26 permit is required under this provision (f)(1) for:

HB2495- 105 -LRB101 11034 LNS 56235 b
1 (A) a person transporting potentially
2 infectious medical waste generated solely by that
3 person's activities;
4 (B) noncommercial transportation of less than
5 50 pounds of potentially infectious medical waste
6 at any one time; or
7 (C) the U.S. Postal Service.
8 (2) In violation of any condition of any permit
9 issued by the Agency under this Act.
10 (3) In violation of any regulation adopted by the
11 Board.
12 (4) In violation of any order adopted by the Board
13 under this Act.
14 (g) Beginning July 1, 1992, conduct any potentially
15 infectious medical waste treatment, storage, or transfer
16 operation:
17 (1) without a permit issued by the Agency that
18 specifically authorizes the treatment, storage, or
19 transfer of potentially infectious medical waste. No
20 permit is required under this subsection (g) or
21 subsection (d)(1) of Section 21 for any:
22 (A) Person conducting a potentially infectious
23 medical waste treatment, storage, or transfer
24 operation for potentially infectious medical waste
25 generated by the person's own activities that are
26 treated, stored, or transferred within the site

HB2495- 106 -LRB101 11034 LNS 56235 b
1 where the potentially infectious medical waste is
2 generated.
3 (B) Hospital that treats, stores, or transfers
4 only potentially infectious medical waste
5 generated by its own activities or by members of
6 its medical staff.
7 (C) Sharps collection station that is operated
8 in accordance with Section 56.7.
9 (2) in violation of any condition of any permit
10 issued by the Agency under this Act.
11 (3) in violation of any regulation adopted by the
12 Board.
13 (4) In violation of any order adopted by the Board
14 under this Act.
15 (h) Transport potentially infectious medical waste
16 unless the transporter carries a completed potentially
17 infectious medical waste manifest. No manifest is required
18 for the transportation of:
19 (1) potentially infectious medical waste being
20 transported by generators who generated the waste by
21 their own activities, when the potentially infectious
22 medical waste is transported within or between sites or
23 facilities owned, controlled, or operated by that
24 person;
25 (2) less than 50 pounds of potentially infectious
26 medical waste at any one time for a noncommercial

HB2495- 107 -LRB101 11034 LNS 56235 b
1 transportation activity; or
2 (3) potentially infectious medical waste by the
3 U.S. Postal Service.
4 (i) Offer for transportation, transport, deliver,
5 receive or accept potentially infectious medical waste for
6 which a manifest is required, unless the manifest indicates
7 that the fee required under Section 56.4 of this Act has
8 been paid.
9 (j) Beginning January 1, 1994, conduct a potentially
10 infectious medical waste treatment operation at an
11 incinerator in existence on the effective date of this
12 Title in violation of emission standards established for
13 these incinerators under Section 129 of the Clean Air Act
14 (42 USC 7429), as amended.
15 (k) Beginning July 1, 2015, knowingly mix household
16 sharps, including, but not limited to, hypodermic,
17 intravenous, or other medical needles or syringes or other
18 medical household waste containing used or unused sharps,
19 including, but not limited to, hypodermic, intravenous, or
20 other medical needles or syringes or other sharps, with any
21 other material intended for collection as a recyclable
22 material by a residential hauler.
23 (l) Beginning on July 1, 2015, knowingly place
24 household sharps into a container intended for collection
25 by a residential hauler for processing at a recycling
26 center.

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1 (B) In making its orders and determinations relative to
2penalties, if any, to be imposed for violating subdivision
3(A)(a) of this Section, the Board, in addition to the factors
4in Sections 33(c) and 42(h) of this Act, or the Court shall
5take into consideration whether the owner or operator of the
6landfill reasonably relied on written statements from the
7person generating or treating the waste that the waste is not
8potentially infectious medical waste.
9 (C) Notwithstanding subsection (A) or any other provision
10of law, including the Vital Records Act, tissue and products
11from an abortion, as defined in Section 10 of the Reproductive
12Health Act, or a miscarriage may be buried, entombed, or
13cremated.
14(Source: P.A. 99-82, eff. 7-20-15.)
15 Section 910-65. The Criminal Code of 2012 is amended by
16changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:
17 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
18 Sec. 9-1.2. Intentional Homicide of an Unborn Child.
19 (a) A person commits the offense of intentional homicide of
20an unborn child if, in performing acts which cause the death of
21an unborn child, he without lawful justification:
22 (1) either intended to cause the death of or do great
23 bodily harm to the pregnant individual woman or her unborn
24 child or knew that such acts would cause death or great

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1 bodily harm to the pregnant individual woman or her unborn
2 child; or
3 (2) knew that his acts created a strong probability of
4 death or great bodily harm to the pregnant individual woman
5 or her unborn child; and
6 (3) knew that the individual woman was pregnant.
7 (b) For purposes of this Section, (1) "unborn child" shall
8mean any individual of the human species from the implantation
9of an embryo fertilization until birth, and (2) "person" shall
10not include the pregnant woman whose unborn child is killed.
11 (c) This Section shall not apply to acts which cause the
12death of an unborn child if those acts were committed during
13any abortion, as defined in Section 10 of the Reproductive
14Health Act, Section 2 of the Illinois Abortion Law of 1975, as
15amended, to which the pregnant individual woman has consented.
16This Section shall not apply to acts which were committed
17pursuant to usual and customary standards of medical practice
18during diagnostic testing or therapeutic treatment.
19 (d) Penalty. The sentence for intentional homicide of an
20unborn child shall be the same as for first degree murder,
21except that:
22 (1) the death penalty may not be imposed;
23 (2) if the person committed the offense while armed
24 with a firearm, 15 years shall be added to the term of
25 imprisonment imposed by the court;
26 (3) if, during the commission of the offense, the

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1 person personally discharged a firearm, 20 years shall be
2 added to the term of imprisonment imposed by the court;
3 (4) if, during the commission of the offense, the
4 person personally discharged a firearm that proximately
5 caused great bodily harm, permanent disability, permanent
6 disfigurement, or death to another person, 25 years or up
7 to a term of natural life shall be added to the term of
8 imprisonment imposed by the court.
9 (e) The provisions of this Act shall not be construed to
10prohibit the prosecution of any person under any other
11provision of law.
12(Source: P.A. 96-1000, eff. 7-2-10.)
13 (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
14 Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
15A person who kills an unborn child without lawful justification
16commits voluntary manslaughter of an unborn child if at the
17time of the killing he is acting under a sudden and intense
18passion resulting from serious provocation by another whom the
19offender endeavors to kill, but he negligently or accidentally
20causes the death of the unborn child.
21 Serious provocation is conduct sufficient to excite an
22intense passion in a reasonable person.
23 (b) A person who intentionally or knowingly kills an unborn
24child commits voluntary manslaughter of an unborn child if at
25the time of the killing he believes the circumstances to be

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1such that, if they existed, would justify or exonerate the
2killing under the principles stated in Article 7 of this Code,
3but his belief is unreasonable.
4 (c) Sentence. Voluntary Manslaughter of an unborn child is
5a Class 1 felony.
6 (d) For purposes of this Section, (1) "unborn child" shall
7mean any individual of the human species from the implantation
8of an embryo fertilization until birth, and (2) "person" shall
9not include the pregnant individual woman whose unborn child is
10killed.
11 (e) This Section shall not apply to acts which cause the
12death of an unborn child if those acts were committed during
13any abortion, as defined in Section 10 of the Reproductive
14Health Act, Section 2 of the Illinois Abortion Law of 1975, as
15amended, to which the pregnant individual woman has consented.
16This Section shall not apply to acts which were committed
17pursuant to usual and customary standards of medical practice
18during diagnostic testing or therapeutic treatment.
19(Source: P.A. 84-1414.)
20 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
21 Sec. 9-3.2. Involuntary Manslaughter and Reckless Homicide
22of an Unborn Child. (a) A person who unintentionally kills an
23unborn child without lawful justification commits involuntary
24manslaughter of an unborn child if his acts whether lawful or
25unlawful which cause the death are such as are likely to cause

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1death or great bodily harm to some individual, and he performs
2them recklessly, except in cases in which the cause of death
3consists of the driving of a motor vehicle, in which case the
4person commits reckless homicide of an unborn child.
5 (b) Sentence.
6 (1) Involuntary manslaughter of an unborn child is a Class
73 felony.
8 (2) Reckless homicide of an unborn child is a Class 3
9felony.
10 (c) For purposes of this Section, (1) "unborn child" shall
11mean any individual of the human species from the implantation
12of an embryo fertilization until birth, and (2) "person" shall
13not include the pregnant individual woman whose unborn child is
14killed.
15 (d) This Section shall not apply to acts which cause the
16death of an unborn child if those acts were committed during
17any abortion, as defined in Section 10 of the Reproductive
18Health Act, Section 2 of the Illinois Abortion Law of 1975, as
19amended, to which the pregnant individual woman has consented.
20This Section shall not apply to acts which were committed
21pursuant to usual and customary standards of medical practice
22during diagnostic testing or therapeutic treatment.
23 (e) The provisions of this Section shall not be construed
24to prohibit the prosecution of any person under any other
25provision of law, nor shall it be construed to preclude any
26civil cause of action.

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1(Source: P.A. 84-1414.)
2 (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
3 Sec. 12-3.1. Battery of an unborn child; aggravated battery
4of an unborn child.
5 (a) A person commits battery of an unborn child if he or
6she knowingly without legal justification and by any means
7causes bodily harm to an unborn child.
8 (a-5) A person commits aggravated battery of an unborn
9child when, in committing a battery of an unborn child, he or
10she knowingly causes great bodily harm or permanent disability
11or disfigurement to an unborn child.
12 (b) For purposes of this Section, (1) "unborn child" shall
13mean any individual of the human species from the implantation
14of an embryo fertilization until birth, and (2) "person" shall
15not include the pregnant individual woman whose unborn child is
16harmed.
17 (c) Sentence. Battery of an unborn child is a Class A
18misdemeanor. Aggravated battery of an unborn child is a Class 2
19felony.
20 (d) This Section shall not apply to acts which cause bodily
21harm to an unborn child if those acts were committed during any
22abortion, as defined in Section 10 of the Reproductive Health
23Act, Section 2 of the Illinois Abortion Law of 1975, as
24amended, to which the pregnant individual woman has consented.
25This Section shall not apply to acts which were committed

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1pursuant to usual and customary standards of medical practice
2during diagnostic testing or therapeutic treatment.
3(Source: P.A. 96-1551, eff. 7-1-11.)
4 Section 910-70. The Code of Civil Procedure is amended by
5changing Section 8-802 as follows:
6 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
7 Sec. 8-802. Physician and patient. No physician or surgeon
8shall be permitted to disclose any information he or she may
9have acquired in attending any patient in a professional
10character, necessary to enable him or her professionally to
11serve the patient, except only (1) in trials for homicide when
12the disclosure relates directly to the fact or immediate
13circumstances of the homicide, (2) in actions, civil or
14criminal, against the physician for malpractice, (3) with the
15expressed consent of the patient, or in case of his or her
16death or disability, of his or her personal representative or
17other person authorized to sue for personal injury or of the
18beneficiary of an insurance policy on his or her life, health,
19or physical condition, or as authorized by Section 8-2001.5,
20(4) in all actions brought by or against the patient, his or
21her personal representative, a beneficiary under a policy of
22insurance, or the executor or administrator of his or her
23estate wherein the patient's physical or mental condition is an
24issue, (5) upon an issue as to the validity of a document as a

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1will of the patient, (6) (blank) in any criminal action where
2the charge is either first degree murder by abortion, attempted
3abortion or abortion, (7) in actions, civil or criminal,
4arising from the filing of a report in compliance with the
5Abused and Neglected Child Reporting Act, (8) to any
6department, agency, institution or facility which has custody
7of the patient pursuant to State statute or any court order of
8commitment, (9) in prosecutions where written results of blood
9alcohol tests are admissible pursuant to Section 11-501.4 of
10the Illinois Vehicle Code, (10) in prosecutions where written
11results of blood alcohol tests are admissible under Section
125-11a of the Boat Registration and Safety Act, (11) in criminal
13actions arising from the filing of a report of suspected
14terrorist offense in compliance with Section 29D-10(p)(7) of
15the Criminal Code of 2012, (12) upon the issuance of a subpoena
16pursuant to Section 38 of the Medical Practice Act of 1987; the
17issuance of a subpoena pursuant to Section 25.1 of the Illinois
18Dental Practice Act; the issuance of a subpoena pursuant to
19Section 22 of the Nursing Home Administrators Licensing and
20Disciplinary Act; or the issuance of a subpoena pursuant to
21Section 25.5 of the Workers' Compensation Act, (13) upon the
22issuance of a grand jury subpoena pursuant to Article 112 of
23the Code of Criminal Procedure of 1963, or (14) to or through a
24health information exchange, as that term is defined in Section
252 of the Mental Health and Developmental Disabilities
26Confidentiality Act, in accordance with State or federal law.

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1 Upon disclosure under item (13) of this Section, in any
2criminal action where the charge is domestic battery,
3aggravated domestic battery, or an offense under Article 11 of
4the Criminal Code of 2012 or where the patient is under the age
5of 18 years or upon the request of the patient, the State's
6Attorney shall petition the court for a protective order
7pursuant to Supreme Court Rule 415.
8 In the event of a conflict between the application of this
9Section and the Mental Health and Developmental Disabilities
10Confidentiality Act to a specific situation, the provisions of
11the Mental Health and Developmental Disabilities
12Confidentiality Act shall control.
13(Source: P.A. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
14eff. 7-20-15.)
15 Section 910-75. The Rights of Married Persons Act is
16amended by changing Section 15 as follows:
17 (750 ILCS 65/15) (from Ch. 40, par. 1015)
18 Sec. 15. (a)(1) The expenses of the family and of the
19education of the children shall be chargeable upon the property
20of both husband and wife, or of either of them, in favor of
21creditors therefor, and in relation thereto they may be sued
22jointly or separately.
23 (2) No creditor, who has a claim against a spouse or former
24spouse for an expense incurred by that spouse or former spouse

HB2495- 117 -LRB101 11034 LNS 56235 b
1which is not a family expense, shall maintain an action against
2the other spouse or former spouse for that expense except:
3 (A) an expense for which the other spouse or former spouse
4agreed, in writing, to be liable; or
5 (B) an expense for goods or merchandise purchased by or in
6the possession of the other spouse or former spouse, or for
7services ordered by the other spouse or former spouse.
8 (3) Any creditor who maintains an action in violation of
9this subsection (a) for an expense other than a family expense
10against a spouse or former spouse other than the spouse or
11former spouse who incurred the expense, shall be liable to the
12other spouse or former spouse for his or her costs, expenses
13and attorney's fees incurred in defending the action.
14 (4) No creditor shall, with respect to any claim against a
15spouse or former spouse for which the creditor is prohibited
16under this subsection (a) from maintaining an action against
17the other spouse or former spouse, engage in any collection
18efforts against the other spouse or former spouse, including,
19but not limited to, informal or formal collection attempts,
20referral of the claim to a collector or collection agency for
21collection from the other spouse or former spouse, or making
22any representation to a credit reporting agency that the other
23spouse or former spouse is any way liable for payment of the
24claim.
25 (b) (Blank). No spouse shall be liable for any expense
26incurred by the other spouse when an abortion is performed on

HB2495- 118 -LRB101 11034 LNS 56235 b
1such spouse, without the consent of such other spouse, unless
2the physician who performed the abortion certifies that such
3abortion is necessary to preserve the life of the spouse who
4obtained such abortion.
5 (c) (Blank). No parent shall be liable for any expense
6incurred by his or her minor child when an abortion is
7performed on such minor child without the consent of both
8parents of such child, if they both have custody, or the parent
9having custody, or legal guardian of such child, unless the
10physician who performed the abortion certifies that such
11abortion is necessary to preserve the life of the minor child
12who obtained such abortion.
13(Source: P.A. 86-689.)
14 Section 910-995. No acceleration or delay. Where this Act
15makes changes in a statute that is represented in this Act by
16text that is not yet or no longer in effect (for example, a
17Section represented by multiple versions), the use of that text
18does not accelerate or delay the taking effect of (i) the
19changes made by this Act or (ii) provisions derived from any
20other Public Act.
21 Section 999. Effective date. This Act takes effect upon
22becoming law.

HB2495- 119 -LRB101 11034 LNS 56235 b
1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 210 ILCS 5/6.1 rep.
5 410 ILCS 70/9 rep.
6 720 ILCS 510/Act rep.
7 720 ILCS 513/Act rep.
8 735 ILCS 5/11-107.1 rep.
9 745 ILCS 30/Act rep.
10 5 ILCS 375/6.11
11 20 ILCS 505/5from Ch. 23, par. 5005
12 5 ILCS 140/7.5
13 55 ILCS 5/3-3013from Ch. 34, par. 3-3013
14 210 ILCS 5/2from Ch. 111 1/2, par. 157-8.2
15 210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3
16 215 ILCS 5/356z.4
17 215 ILCS 5/356z.4a new
18 215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
19 215 ILCS 165/10from Ch. 32, par. 604
20 225 ILCS 60/22from Ch. 111, par. 4400-22
21 225 ILCS 60/36from Ch. 111, par. 4400-36
22 225 ILCS 65/65-35was 225 ILCS 65/15-15
23 225 ILCS 65/65-43
24 410 ILCS 535/1from Ch. 111 1/2, par. 73-1
25 415 ILCS 5/56.1from Ch. 111 1/2, par. 1056.1

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