Bill Text: IL HB3990 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Reproductive Health Act. Provides that a health care professional who provides abortion-related care may submit, to any governmental agency, person, business, or association, a written request that the governmental agency, person, business, or association refrain from disclosing any personal information about the health care professional. Provides that if a governmental agency receives a written request from a health care professional, the governmental agency shall not publicly post or display publicly available content that includes any personal information of the health care professional. Exempts the personal information of the health care professional from the Freedom of Information Act. Provides that if a person, business, or association receives a written request from a health care professional, the person, business, or association shall refrain from publicly posting or displaying on the Internet publicly available content that includes the personal information of a health care professional. Provides that no person, business, or association shall solicit, sell, or trade any personal information of the health care professional with the intent to post an imminent or serious threat to the health and safety of the health care professional or his or her immediate family. Allows a health care professional to bring an action against a governmental agency, person, business, or association, seeking injunctive or declaratory relief if a written request is violated. Provides that it a Class 3 felony for any person to knowingly publicly post on the Internet the personal information of a health care professional or his or her immediate family if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the health care professional or his or her immediate family, and the violation is a proximate cause of bodily injury or death of the health care professional or his or her immediate family member. Makes a conforming change in the Freedom of Information Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2021-05-21 - Rule 3-9(a) / Re-referred to Assignments [HB3990 Detail]

Download: Illinois-2021-HB3990-Engrossed.html

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AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

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to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

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or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair

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County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied

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for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services

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Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from

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disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois

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Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is exempt from disclosure under
Section 40 of the Reproductive Health Act.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

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100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20.)
Section 10. The Reproductive Health Act is amended by
adding Section 40 as follows:
(775 ILCS 55/40 new)
Sec. 40. Health care professional privacy.
(a) A health care professional who provides
abortion-related care may submit, to any governmental agency,
person, business, or association, a written request that the
governmental agency, person, business, or association refrain
from disclosing any personal information about the health care
professional.
A representative from the health care professional's
employer may submit a written request on behalf of the health
care professional, if: (i) the health care professional gives
written consent to the representative; and (ii) the
representative agrees to furnish a copy of that consent when a
written request is made. The representative shall submit the
written request directly to a governmental agency, person,
business or association.

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A written request is valid if the health care
professional, or representative of the health care
professional's employer, sends a written request directly to a
governmental agency, person, business, or association.
(b) The written request shall specify:
(1) what personal information of the health care
professional shall be maintained private;
(2) if a health care professional wishes to identify a
secondary residence as a home address, the designation of
such; and
(3) the identity of any immediate family, and any
personal information of those persons that shall be
excluded to the extent that it could reasonably be
expected to reveal the personal information of the health
care professional.
(c) A written request is valid until the health care
professional provides the governmental agency, person,
business, or association with written permission to release
the personal information. Otherwise, a written request from a
health care professional expires on death.
(d) If a governmental agency receives a written request
from a health care professional in accordance with subsections
(a) and (b), the governmental agency shall not publicly post
or display publicly available content that includes any
personal information of the health care professional. After
receipt of the request, the governmental agency shall remove

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any personal information of the health care professional from
the publicly available content within 5 business days, and
shall not publicly post or display the personal information
unless the health care professional has given the governmental
agency written permission to release the personal information
as required under subsection (c). The personal information of
the health care professional is exempt from the Freedom of
Information Act unless the governmental agency receives
consent from the health care professional to make the personal
information available to the public.
(e) If a governmental agency fails to comply with a
written request under subsection (d), the health care
professional may bring an action seeking injunctive or
declaratory relief in any court of competent jurisdiction.
(f) If a person, business, or association receives a
written request from a health care professional in accordance
with subsections (a) and (b), the person, business, or
association shall refrain from publicly posting or displaying
on the Internet publicly available content that includes the
personal information of a health care professional. After
receipt of a written request, the person, business, or
association: (i) has 72 hours to remove the personal
information from the Internet; (ii) shall ensure that the
personal information of the health care professional is not
made available on any website or subsidiary website controlled
by that person, business, or association; and (iii) shall not

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transfer the personal information of the health care
professional to any other person, business, or association
through any medium.
(g) No person, business, or association shall solicit,
sell, or trade on the Internet any personal information of the
health care professional with the intent to post an imminent
or serious threat to the health and safety of the health care
professional or his or her immediate family.
(h) A health care professional whose personal information
is made public as a result of a violation of subsection (f) or
(g) may bring an action seeking injunctive or declaratory
relief in any court of competent jurisdiction. A court shall
award a prevailing health care professional costs and
reasonable attorney's fees.
(i) No governmental agency, person, business, or
association shall be found to have violated any provision of
this Section if the health care professional fails to submit a
written request calling for the protection of the personal
information of the health care professional.
(j) It is unlawful for any person to knowingly publicly
post on the Internet the personal information of a health care
professional or his or her immediate family if the person
knows that publicly posting the personal information poses an
imminent and serious threat to the health and safety of the
health care professional or his or her immediate family, and
the violation is a proximate cause of bodily injury or death of

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the health care professional or his or her immediate family
member. A person who violates this subsection is guilty of a
Class 3 felony.
(k) It is not a violation of subsection (j) if an employee
of a governmental agency publishes personal information, in
good faith, on the website of the governmental agency in the
ordinary course of carrying out public functions if the
employee complied with the conditions of this Section.
(l) This Section and any rules adopted to implement this
Section shall be construed broadly to favor the protection of
the personal information of a health care professional.
(m) As used in this Section:
"Governmental agency" means all agencies, authorities,
boards, commissions, departments, institutions, offices, and
any other bodies politic and corporate of this State created
by the constitution or statute, whether in the executive,
judicial, or legislative branch; all units and corporate
outgrowths created by executive order of the Governor or any
constitutional officer, by the Supreme Court, or by resolution
of the General Assembly; or agencies, authorities, boards,
commissions, departments, institutions, offices, and any other
bodies politic and corporate of a unit of local government, or
school district.
"Home address" means a permanent residence of the health
care professional and any secondary residences affirmatively
identified by the health care professional.

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"Immediate family" means a spouse, child, parent, or any
blood relative of the health care professional or the spouse
of the health care representative who lives in the same
residence.
"Personal information" means a home address, home
telephone number, mobile telephone number, pager number,
personal email address, social security number, federal tax
identification number, checking and savings account numbers,
credit card numbers, marital status, and identity of children
under the age of 18.
"Publicly available content" means any written, printed,
or electronic document or record that provides information or
that serves as a document or record maintained, controlled, or
in the possession of a governmental agency that may be
obtained by any person or entity, from the Internet, from a
governmental agency upon request free of charge or for a fee,
or in response to a request under the Freedom of Information
Act.
"Publicly post" or "publicly display" means to communicate
to another or otherwise make available to the general public.
"Written request" means written notice signed by a health
care professional requesting a governmental agency, person,
business, or association to refrain from posting or displaying
publicly available content that includes the personal
information of the health care professional.