Bill Text: IL HB3709 | 2025-2026 | 104th General Assembly | Enrolled
Bill Title: Amends the Public Higher Education Act. Provides that, beginning with the 2025-2026 school year, each public institution of higher education with student health services shall provide enrolled students with access to health care professionals authorized under State law to prescribe contraception. Provides that, beginning with the 2025-2026 school year, if the public institution of higher education's student health services includes a pharmacy, the pharmacy on campus shall dispense contraception to enrolled students who wish to fill their prescriptions at the university pharmacy. Provides that, beginning with the 2025-2026 school year, each public institution of higher education with student health services shall provide enrolled students with access to health care professionals authorized under State law to prescribe medication abortion. Provides that a public institution of higher education that dispenses medication abortion from the university pharmacy shall enter into a referral agreement with a tertiary care facility with obstetrics and gynecological services in the event of complication from medication abortion or suspected complicated pregnancy prior to dispensing medication abortion. Requires each public institution of higher education to report annually to the Board of Higher Education that policies under the provisions have been adopted. Requires the Board to post to its website annually each public institution of higher education's compliance with the policies under the provisions. Effective immediately.
Sponsorship: Partisan Bill (Democrat 36)
Status: (Passed) 2025-08-22 - Public Act . . . . . . . . . 104-0433 [HB3709 Detail]
Download: Illinois-2025-HB3709-Enrolled.html
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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Public Higher Education Act is amended by | ||||||
| 5 | changing Section 5 and by adding Sections 19 and 20 as follows:
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| 6 | (110 ILCS 167/5) | ||||||
| 7 | Sec. 5. Definitions. As used in this Act: | ||||||
| 8 | "Contraception" means medication or medical devices used | ||||||
| 9 | to prevent pregnancy. | ||||||
| 10 | "Emergency contraception" means medication approved by the | ||||||
| 11 | federal Food and Drug Administration (FDA) that can | ||||||
| 12 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
| 13 | hours after unprotected sexual intercourse. | ||||||
| 14 | "Governing board of each public institution of higher | ||||||
| 15 | education" means the Board of Trustees of the University of | ||||||
| 16 | Illinois, the Board of Trustees of Southern Illinois | ||||||
| 17 | University, the Board of Trustees of Chicago State University, | ||||||
| 18 | the Board of Trustees of Eastern Illinois University, the | ||||||
| 19 | Board of Trustees of Governors State University, the Board of | ||||||
| 20 | Trustees of Illinois State University, the Board of Trustees | ||||||
| 21 | of Northeastern Illinois University, the Board of Trustees of | ||||||
| 22 | Northern Illinois University, the Board of Trustees of Western | ||||||
| 23 | Illinois University, the board of trustees of each community | ||||||
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| 1 | college district in this State, and the governing board of any | ||||||
| 2 | other public university, college, or community college now or | ||||||
| 3 | hereafter established or authorized by the General Assembly. | ||||||
| 4 | "Medication abortion" means termination of pregnancy by | ||||||
| 5 | use of medication. | ||||||
| 6 | "Primary care services" has the meaning given to that term | ||||||
| 7 | in Section 10 of the Equity and Representation in Health Care | ||||||
| 8 | Act. | ||||||
| 9 | "Public institution of higher education" means the | ||||||
| 10 | University of Illinois, Southern Illinois University, Chicago | ||||||
| 11 | State University, Eastern Illinois University, Governors State | ||||||
| 12 | University, Illinois State University, Northeastern Illinois | ||||||
| 13 | University, Northern Illinois University, Western Illinois | ||||||
| 14 | University, a public community college in this State, or any | ||||||
| 15 | other public university, college, or community college now or | ||||||
| 16 | hereafter established or authorized by the General Assembly. | ||||||
| 17 | "Student health services" means any clinic, facility, or | ||||||
| 18 | program operated by or affiliated with a public institution of | ||||||
| 19 | higher education intending to provide primary care services to | ||||||
| 20 | enrolled students of the public institution of higher | ||||||
| 21 | education. | ||||||
| 22 | "Wellness kiosk" means a mechanical device used for retail | ||||||
| 23 | sales of wellness products that may include, but is not | ||||||
| 24 | limited to, prophylactics, menstrual cups, tampons, menstrual | ||||||
| 25 | pads, pregnancy tests, and nonprescription drugs. A wellness | ||||||
| 26 | kiosk must also include discounted emergency contraception. | ||||||
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| 1 | (Source: P.A. 103-465, eff. 8-4-23.)
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| 2 | (110 ILCS 167/19 new) | ||||||
| 3 | Sec. 19. Medication contraception availability on campus. | ||||||
| 4 | (a) Beginning with the 2025-2026 school year, each public | ||||||
| 5 | institution of higher education with student health services | ||||||
| 6 | shall provide enrolled students with access to one or more | ||||||
| 7 | health care professionals whose scopes of practice | ||||||
| 8 | collectively include prescribing and dispensing contraception | ||||||
| 9 | to patients in this State. These health care professionals | ||||||
| 10 | shall be available to discuss contraception options, prescribe | ||||||
| 11 | contraception as needed, including both medication and | ||||||
| 12 | procedural-based forms of contraception, and dispense | ||||||
| 13 | contraception. This service shall be provided through student | ||||||
| 14 | health services, telehealth services, or other external | ||||||
| 15 | licensed providers. | ||||||
| 16 | (b) Beginning with the 2025-2026 school year, if a public | ||||||
| 17 | institution of higher education's student health services | ||||||
| 18 | includes a pharmacy, the pharmacy on campus shall dispense | ||||||
| 19 | contraception to enrolled students who wish to fill their | ||||||
| 20 | prescriptions at that pharmacy. A student may choose to fill | ||||||
| 21 | the student's prescription at a third-party pharmacy. | ||||||
| 22 | (c) Beginning with the 2025-2026 school year, each public | ||||||
| 23 | institution of higher education with student health services | ||||||
| 24 | shall make available, on the public institution of higher | ||||||
| 25 | education's student health services' website, information on | ||||||
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| 1 | how students can access medication contraception on campus. | ||||||
| 2 | (d) Each public institution of higher education shall | ||||||
| 3 | report annually to the Board of Higher Education that policies | ||||||
| 4 | under this Section have been adopted. This may be included in | ||||||
| 5 | an existing report. The Board of Higher Education shall | ||||||
| 6 | annually post, on its website, each public institution of | ||||||
| 7 | higher education's compliance with the policies under this | ||||||
| 8 | Section.
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| 9 | (110 ILCS 167/20 new) | ||||||
| 10 | Sec. 20. Medication abortion availability on campus. | ||||||
| 11 | (a) Beginning with the 2025-2026 school year, each public | ||||||
| 12 | institution of higher education with student health services | ||||||
| 13 | shall provide enrolled students with access to one or more | ||||||
| 14 | health care professionals whose scopes of practice include | ||||||
| 15 | prescribing medication abortion to patients in this State. | ||||||
| 16 | These health care professionals shall be available to discuss | ||||||
| 17 | abortion options and prescribe medication abortion as needed. | ||||||
| 18 | This service shall be provided through student health | ||||||
| 19 | services, telehealth services, or other external licensed | ||||||
| 20 | providers. | ||||||
| 21 | (b) Beginning with the 2025-2026 school year, if a public | ||||||
| 22 | institution of higher education's student health services | ||||||
| 23 | includes a pharmacy, the public institution of higher | ||||||
| 24 | education shall make medication abortion available at a | ||||||
| 25 | physical location on campus. Enrolled students shall be able | ||||||
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| 1 | to access medication abortion at either a pharmacy on campus, | ||||||
| 2 | the student health center via a health care professional | ||||||
| 3 | licensed to dispense medication abortion, or another physical | ||||||
| 4 | location on campus where students access other similar | ||||||
| 5 | medications. A student may choose to fill the student's | ||||||
| 6 | prescription at a third-party pharmacy. | ||||||
| 7 | (c) Beginning with the 2025-2026 school year, each public | ||||||
| 8 | institution of higher education with student health services | ||||||
| 9 | shall make available, on the public institution of higher | ||||||
| 10 | education's student health services' website, information on | ||||||
| 11 | how students can access medication abortion on campus. | ||||||
| 12 | (d) Each public institution of higher education shall | ||||||
| 13 | report annually to the Board of Higher Education that policies | ||||||
| 14 | under this Section have been adopted. This may be included in | ||||||
| 15 | an existing report. The Board of Higher Education shall post | ||||||
| 16 | annually, on its website, each public institution of higher | ||||||
| 17 | education's compliance with the policies under this Section.
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| 18 | Section 97. Severability. The provisions of this Act are | ||||||
| 19 | severable under Section 1.31 of the Statute on Statutes.
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| 20 | Section 99. Effective date. This Act takes effect upon | ||||||
| 21 | becoming law. | ||||||
