Bill Text: IL HB4302 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Illinois Abortion Law of 2024, with provisions similar to those of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as including provisions defining "viability" and "fetal heartbeat" and restricting the performance of an abortion to a patient who resides in the State. Creates the Partial-Birth Abortion Ban Act of 2024 and the Abortion Performance Refusal Act of 2024, with provisions similar to those of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Creates the Parental Notice of Abortion Act of 2024, with provisions similar to those of the Parental Notice of Abortion Act of 1995 before its repeal by Public Act 102-685. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Acts 101-13 and 102-1117. Repeals the Reproductive Health Act, the Abortion Care Clinical Training Program Act, the Lawful Health Care Activity Act, the Protecting Reproductive Health Care Services Act, and the Youth Health and Safety Act. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-16 - Referred to Rules Committee [HB4302 Detail]

Download: Illinois-2023-HB4302-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4302 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
See Index
Creates the Illinois Abortion Law of 2024, with provisions similar to those of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as including provisions defining "viability" and "fetal heartbeat" and restricting the performance of an abortion to a patient who resides in the State. Creates the Partial-Birth Abortion Ban Act of 2024 and the Abortion Performance Refusal Act of 2024, with provisions similar to those of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Creates the Parental Notice of Abortion Act of 2024, with provisions similar to those of the Parental Notice of Abortion Act of 1995 before its repeal by Public Act 102-685. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Acts 101-13 and 102-1117. Repeals the Reproductive Health Act, the Abortion Care Clinical Training Program Act, the Lawful Health Care Activity Act, the Protecting Reproductive Health Care Services Act, and the Youth Health and Safety Act. Effective immediately.
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A BILL FOR
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AN ACT concerning abortion.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1.
Section 1-1. Short title. This Article shall be known and
may be cited as the Illinois Abortion Law of 2024. References
in this Article to "this Law" mean this Article.
Section 1-5. Definitions. Unless the language or context
clearly indicates a different meaning is intended, the
following words or phrases for the purpose of this Law shall be
given the meaning ascribed to them:
"Abortifacient" means any instrument, medicine, drug, or
any other substance or device which is known to cause fetal
death when employed in the usual and customary use for which it
is manufactured, whether the fetus is known to exist when such
substance or device is employed.
"Abortion" means the use of any instrument, medicine,
drug, or any other substance or device to terminate the
pregnancy of a woman known to be pregnant with an intention
other than to increase the probability of a live birth, to
preserve the life or health of the child after live birth, or
to remove a dead fetus.

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"Born alive", "live born", and "live birth", when applied
to an individual organism of the species homo sapiens, each
mean he or she was completely expelled or extracted from his or
her mother and after such separation breathed or showed
evidence of the beating of the heart, pulsation of the
umbilical cord, or definite movement of voluntary muscles,
irrespective of the duration of pregnancy and whether the
umbilical cord has been cut or the placenta is attached.
"Department" means the Department of Public Health.
"Fertilization" and "conception" each mean the
fertilization of a human ovum by a human sperm, which shall be
deemed to have occurred at the time when it is known a
spermatozoon has penetrated the cell membrane of the ovum.
"Fetal heartbeat" means cardiac activity or the steady and
repetitive rhythmic contraction of the fetal heart within the
gestational sac.
"Fetus" and "unborn child" each mean an individual
organism of the species homo sapiens from fertilization until
live birth.
"Physician" means any person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
"Viability" means either:
(1) that stage of fetal development when, in the
medical judgment of the attending physician based on the
particular facts of the case before the attending
physician, there is a reasonable likelihood of sustained

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survival of the fetus outside the womb, with or without
artificial support; or
(2) when, in the medical judgment of the attending
physician based on the particular facts of the case before
the attending physician, the unborn child has a fetal
heartbeat.
Section 1-10. Medical Judgment. No abortion shall be
performed except by a physician after either (i) he or she
determines that, in his or her best clinical judgment, the
abortion is necessary, or (ii) he or she receives a written
statement or oral communication by another physician,
hereinafter called the "referring physician", certifying that
in the referring physician's best clinical judgment the
abortion is necessary. Any person who intentionally or
knowingly performs an abortion contrary to the requirements of
this Section commits a Class 2 felony.
Section 1-15. When an abortion may be performed.
(a) When the fetus is viable no abortion shall be
performed unless in the medical judgment of the attending or
referring physician, based on the particular facts of the case
before him or her, it is necessary to preserve the life or
health of the mother. Intentional, knowing, or reckless
failure to conform to the requirements of this subsection is a
Class 2 felony.

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(b) When the fetus is viable the physician shall certify
in writing, on a form prescribed by the Department under
Section 1-25, the medical indications which, in his or her
medical judgment based on the particular facts of the case
before him or her, warrant performance of the abortion to
preserve the life or health of the mother.
Section 1-20. Requirements for performing abortion.
(a) Any physician who intentionally performs an abortion
when, in his or her medical judgment based on the particular
facts of the case before him or her, there is a reasonable
likelihood of sustained survival of the fetus outside the
womb, with or without artificial support, shall utilize that
method of abortion which, of those he or she knows to be
available, is in his or her medical judgment most likely to
preserve the life and health of the fetus.
The physician shall certify in writing, on a form
prescribed by the Department under Section 1-25, the available
methods considered and the reasons for choosing the method
employed.
Any physician who intentionally, knowingly, or recklessly
violates the provisions of this subsection commits a Class 3
felony.
(b) No abortion shall be performed or induced when the
fetus is viable unless there is in attendance a physician
other than the physician performing or inducing the abortion

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who shall take control of and provide immediate medical care
for any child born alive as a result of the abortion. This
requirement shall not apply when, in the medical judgment of
the physician performing or inducing the abortion based on the
particular facts of the case before him or her, there exists a
medical emergency; in such a case, the physician shall
describe the basis of this judgment on the form prescribed by
Section 1-25. Any physician who intentionally performs or
induces such an abortion and who intentionally, knowingly, or
recklessly fails to arrange for the attendance of such a
second physician in violation of this subsection commits a
Class 3 felony.
Subsequent to the abortion, if a child is born alive, the
physician required by this subsection to be in attendance
shall exercise the same degree of professional skill, care,
and diligence to preserve the life and health of the child as
would be required of a physician providing immediate medical
care to a child born alive in the course of a pregnancy
termination which was not an abortion. Any such physician who
intentionally, knowingly, or recklessly violates this
subsection commits a Class 3 felony.
(c) The law of this State shall not be construed to imply
that any living individual organism of the species homo
sapiens who has been born alive is not an individual under the
Criminal Code of 1961 or Criminal Code of 2012.
(d) Any physician who intentionally performs an abortion

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when, in his or her medical judgment based on the particular
facts of the case before him or her, there is a reasonable
possibility of sustained survival of the fetus outside the
womb, with or without artificial support, shall utilize that
method of abortion which, of those he or she knows to be
available, is in his or her medical judgment most likely to
preserve the life and health of the fetus.
The physician shall certify in writing, on a form
prescribed by the Department under Section 1-25, the available
methods considered and the reasons for choosing the method
employed.
Any physician who intentionally, knowingly, or recklessly
violates the provisions of this subsection commits a Class 3
felony.
(e) Nothing in Section requires a physician to employ a
method of abortion which, in the medical judgment of the
physician performing the abortion based on the particular
facts of the case before him or her, would increase medical
risk to the mother.
(f) When the fetus is viable and when there exists
reasonable medical certainty (i) that the particular method of
abortion to be employed will cause organic pain to the fetus,
and (ii) that use of an anesthetic or analgesic would abolish
or alleviate organic pain to the fetus caused by the
particular method of abortion to be employed, then the
physician who is to perform the abortion or his or her agent or

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the referring physician or his or her agent shall inform the
woman upon whom the abortion is to be performed that such an
anesthetic or analgesic is available, if he or she knows it to
be available, for use to abolish or alleviate organic pain
caused to the fetus by the particular method of abortion to be
employed. Any person who performs an abortion with knowledge
that any such reasonable medical certainty exists and that
such an anesthetic or analgesic is available, and
intentionally fails to so inform the woman or to ascertain
that the woman has been so informed commits a Class B
misdemeanor. The foregoing requirements of this subsection
shall not apply (i) when in the medical judgment of the
physician who is to perform the abortion or the referring
physician based upon the particular facts of the case before
him or her (1) there exists a medical emergency or (2) the
administration of such an anesthetic or analgesic would
decrease a possibility of sustained survival of the fetus
apart from the body of the mother, with or without artificial
support, or (ii) when the physician who is to perform the
abortion administers an anesthetic or an analgesic to the
woman or the fetus and he or she knows there exists reasonable
medical certainty that such use will abolish organic pain
caused to the fetus during the course of the abortion.
(g) No person shall sell or experiment upon a fetus
produced by the fertilization of a human ovum by a human sperm
unless such experimentation is therapeutic to the fetus

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thereby produced. Intentional violation of this subsection is
a Class A misdemeanor. Nothing in this subsection is intended
to prohibit the performance of in vitro fertilization.
(h) No person shall intentionally perform an abortion with
knowledge that the pregnant woman is seeking the abortion
solely on account of the sex of the fetus. Nothing in this
subsection shall be construed to proscribe the performance of
an abortion on account of the sex of the fetus because of a
genetic disorder linked to that sex. If the application of
this subsection to the period of pregnancy prior to viability
is held invalid, then such invalidity shall not affect its
application to the period of pregnancy subsequent to
viability.
(i) No person shall intentionally perform an abortion on a
pregnant woman in this State unless the pregnant woman is a
resident of this State. The pregnant woman shall provide photo
identification on site demonstrating that her residential
address is in this State. A patient who obtains an abortion in
violation of this subsection is guilty of a Class 4 felony. A
physician who violates this subsection shall have his or her
medical license suspended for 5 years following the violation.
Section 1-25. Reporting. A report of each abortion
performed shall be made to the Department on forms prescribed
by it. Such report forms shall not identify the patient by
name, but by an individual number to be noted in the patient's

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permanent record in the possession of the physician, and shall
include information concerning the:
(1) identification of the physician who performed the
abortion and the facility where the abortion was performed
and a patient identification number;
(2) State in which the patient resides;
(3) patient's date of birth, race, and marital status;
(4) number of prior pregnancies;
(5) date of last menstrual period;
(6) type of abortion procedure performed;
(7) complications and whether the abortion resulted in
a live birth;
(8) date the abortion was performed;
(9) medical indications for any abortion performed
when the fetus was viable;
(10) information required by subsections (a) and (d)
of Section 1-20, if applicable;
(11) basis for any medical judgment that a medical
emergency existed when required under subsections (b) and
(f) of Section 1-20 and when required to be reported in
accordance with this Section by any provision of this Law;
and
(12) pathologist's test results pursuant to Section
1-45.
Such form shall be completed by the hospital or other
licensed facility, signed by the physician who performed the

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abortion or pregnancy termination, and transmitted to the
Department not later than 10 days following the end of the
month in which the abortion was performed.
If a complication of an abortion occurs or becomes known
after submission of such form, a correction using the same
patient identification number shall be submitted to the
Department within 10 days of its becoming known.
The Department may prescribe rules regarding the
administration of this Law and shall prescribe rules to secure
the confidentiality of the woman's identity in the information
to be provided under the Vital Records Act. All reports
received by the Department shall be treated as confidential
and the Department shall secure the woman's anonymity. Such
reports shall be used only for statistical purposes.
Upon 30 days public notice, the Department is empowered to
require reporting of any additional information which, in the
sound discretion of the Department, is necessary to develop
statistical data relating to the protection of maternal or
fetal life or health, is necessary to enforce the provisions
of this Law, or is necessary to develop useful criteria for
medical decisions. The Department shall annually report to the
General Assembly all statistical data gathered under this Law
and its recommendations to further the purpose of this Law.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and

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filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
Section 1-30. Reporting complications resulting from
abortion. Any physician who diagnoses a woman as having
complications resulting from an abortion shall report, within
a reasonable period of time, the diagnosis and a summary of her
physical symptoms to the Department in accordance with
procedures and upon forms required by the Department. The
Department shall define the complications required to be
reported by rule. The complications defined by rule shall be
those which, according to contemporary medical standards, are
manifested by symptoms with severity equal to or greater than
hemorrhaging requiring transfusion, infection, incomplete
abortion, or punctured organs. If the physician making the
diagnosis of a complication knows the name or location of the
facility where the abortion was performed, he or she shall
report such information to the Department.
Any physician who intentionally violates this Section
shall be subject to revocation of his or her license pursuant
to paragraph (22) of Section 22 of the Medical Practice Act of
1987.
Section 1-35. Violations.
(a) Any person who intentionally violates any provision of

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this Law commits a Class A misdemeanor unless a specific
penalty is otherwise provided. Any person who intentionally
falsifies any writing required by this Law commits a Class A
misdemeanor.
Intentional, knowing, reckless, or negligent violations of
this Law shall constitute unprofessional conduct which causes
public harm under Section 22 of the Medical Practice Act of
1987, Section 70-5 of the Nurse Practice Act, and Section 21 of
the Physician Assistant Practice Act of 1987.
Intentional, knowing, reckless, or negligent violations of
this Law will constitute grounds for refusal, denial,
revocation, suspension, or withdrawal of license, certificate,
or permit under Section 30 of the Pharmacy Practice Act,
Section 7 of the Ambulatory Surgical Treatment Center Act, and
Section 7 of the Hospital Licensing Act.
(b) Any hospital or licensed facility which, or any
physician who intentionally, knowingly, or recklessly fails to
submit a complete report to the Department in accordance with
the provisions of Section 1-25 and any person who
intentionally, knowingly, recklessly, or negligently fails to
maintain the confidentiality of any reports required under
this Law or reports required by Section 1-30 or 1-45 commits a
Class B misdemeanor.
(c) Any person who sells any drug, medicine, instrument,
or other substance which he or she knows to be an abortifacient
and which is in fact an abortifacient, unless upon

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prescription of a physician, is guilty of a Class B
misdemeanor. Any person who prescribes or administers any
instrument, medicine, drug, or other substance or device,
which he or she knows to be an abortifacient, and which is in
fact an abortifacient, and intentionally, knowingly, or
recklessly fails to inform the person for whom it is
prescribed or upon whom it is administered that it is an
abortifacient commits a Class C misdemeanor.
(d) Any person who intentionally, knowingly, or recklessly
performs upon a woman what he or she represents to that woman
to be an abortion when he or she knows or should know that she
is not pregnant commits a Class 2 felony and shall be
answerable in civil damages equal to 3 times the amount of
proved damages.
Section 1-40. Referral fee.
(a) The payment or receipt of a referral fee in connection
with the performance of an abortion is a Class 4 felony.
(b) For purposes of this Section, "referral fee" means the
transfer of anything of value between a doctor who performs an
abortion or an operator or employee of a clinic at which an
abortion is performed and the person who advised the woman
receiving the abortion to use the services of that doctor or
clinic.
Section 1-45. Gross and microscopic analysis and tissue

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report. The dead fetus and all tissue removed at the time of
abortion shall be submitted for a gross and microscopic
analysis and tissue report to a board eligible or certified
pathologist as a matter of record in all cases. The results of
the analysis and report shall be given to the physician who
performed the abortion within 7 days of the abortion and such
physician shall report any complications relevant to the
woman's medical condition to his or her patient within 48
hours of receiving a report, if possible. Any evidence of live
birth or of viability shall be reported within 7 days, if
possible, to the Department by the pathologist. Intentional
failure of the pathologist to report any evidence of live
birth or of viability to the Department is a Class B
misdemeanor.
Section 1-50. Use of tissues or cells. Nothing in this Law
shall prohibit the use of any tissues or cells obtained from a
dead fetus or dead premature infant whose death did not result
from an induced abortion, for therapeutic purposes or
scientific, research, or laboratory experimentation, as long
as the written consent to such use is obtained from one of the
parents of such fetus or infant.
Section 1-55. No requirement to perform abortion. No
physician, hospital, ambulatory surgical center, nor employee
thereof, shall be required against his, her, or its conscience

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declared in writing to perform, permit, or participate in any
abortion, and the failure or refusal to do so shall not be the
basis for any civil, criminal, administrative, or disciplinary
action, proceeding, penalty, or punishment. If any request for
an abortion is denied, the patient shall be promptly notified.
Section 1-60. Severability; effective dates.
(a) If any provision, word, phrase, or clause of this Law
or the application thereof to any person or circumstance shall
be held invalid, such invalidity shall not affect the
provisions, words, phrases, clauses, or application of this
Law which can be given effect without the invalid provision,
word, phrase, clause, or application, and to this end the
provisions, words, phrases, and clauses of this Law are
declared to be severable.
(b) Within 60 days from the effective date of this Law, the
Department shall issue rules pursuant to Section 1-25. Insofar
as Section 1-25 requires registration under the Vital Records
Act, it shall not take effect until such rules are issued. The
Department shall make available the forms required under
Section 1-25 within 30 days of the effective date of this Law.
No requirement that any person report information to the
Department shall become effective until the Department has
made available the forms required under Section 1-25.
Article 2.

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Section 2-1. Short title. This Article may be cited as the
Partial-Birth Abortion Ban Act of 2024. References in this
Article to "this Act" mean this Article.
Section 2-5. Definitions. As used in this Act:
"Fetus" and "infant" are used interchangeably to refer to
the biological offspring of human parents.
"Partial-birth abortion" means an abortion in which the
person performing the abortion partially vaginally delivers a
living human fetus or infant before killing the fetus or
infant and completing the delivery.
Section 2-10. Partial-birth abortions prohibited. Any
person who knowingly performs a partial-birth abortion and
thereby kills a human fetus or infant is guilty of a Class 4
felony. This Section does not apply to a partial-birth
abortion that is necessary to save the life of a mother because
her life is endangered by a physical disorder, physical
illness, or physical injury, including a life-endangering
condition caused by or arising from the pregnancy itself, as
long as no other medical procedure would suffice for that
purpose.
Section 2-15. Civil action. The maternal grandparents of
the fetus or infant, if the mother has not attained the age of

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18 years at the time of the abortion, may in a civil action
obtain appropriate relief unless the pregnancy resulted from
the plaintiff's criminal conduct or the plaintiff consented to
the abortion. The relief shall include money damages for all
injuries, psychological and physical, occasioned by the
violation of this Act and statutory damages equal to 3 times
the cost of the partial-birth abortion.
Section 2-20. Prosecution of woman prohibited. A woman on
whom a partial-birth abortion is performed may not be
prosecuted under this Act, for a conspiracy to violate this
Act, or for an offense under Article 31 of the Criminal Code of
1961 or Criminal Code of 2012 based on a violation of this Act,
nor may she be held accountable under Article 5 of the Criminal
Code of 1961 or Criminal Code of 2012 for an offense based on a
violation of this Act.
Article 3.
Section 3-1. Short title. This Article may be cited as the
Abortion Performance Refusal Act of 2024. References in this
Article to "this Act" mean this Article.
Section 3-5. Recommendation, performance, or assistance in
performance of abortion not required.
(a) No physician, nurse or other person who refuses to

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recommend, perform, or assist in the performance of an
abortion, whether such abortion is a crime, shall be liable to
any person for damages allegedly arising from such refusal.
(b) No hospital that refuses to permit the performance of
an abortion upon its premises, whether such abortion is a
crime, shall be liable to any person for damages allegedly
arising from such refusal.
(c) Any person, association, partnership, or corporation
that discriminates against another person in any way,
including, but not limited to, hiring, promotion, advancement,
transfer, licensing, granting of hospital privileges, or staff
appointments, because of that person's refusal to recommend,
perform, or assist in the performance of an abortion, whether
such abortion is a crime, shall be answerable in civil damages
equal to 3 times the amount of proved damages, but in no case
less than $2,000.
(d) The license of any hospital, doctor, nurse, or any
other medical personnel shall not be revoked or suspended
because of a refusal to permit, recommend, perform, or assist
in the performance of an abortion.
Article 4.
Section 4-1. Short title. This Act may be cited as the
Parental Notice of Abortion Act of 2024. References in this
Article to "this Act" mean this Article.

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Section 4-5. Legislative findings and purpose. The General
Assembly finds that notification of a family member as defined
in this Act is in the best interests of an unemancipated minor,
and the General Assembly's purpose in enacting this parental
notice law is to further and protect the best interests of an
unemancipated minor.
The medical, emotional, and psychological consequences of
abortion are sometimes serious and long-lasting, and immature
minors often lack the ability to make fully informed choices
that consider both the immediate and long-range consequences.
Parental consultation is usually in the best interests of
the minor and is desirable since the capacity to become
pregnant and the capacity for mature judgment concerning the
wisdom of an abortion are not necessarily related.
Section 4-10. Definitions. As used in this Act:
"Abortion" means the use of any instrument, medicine,
drug, or any other substance or device to terminate the
pregnancy of a woman known to be pregnant with an intention
other than to increase the probability of a live birth, to
preserve the life or health of a child after live birth, or to
remove a dead fetus.
"Actual notice" means the giving of notice directly, in
person, or by telephone.
"Adult family member" means a person over 21 years of age

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who is the parent, grandparent, stepparent living in the
household, or legal guardian.
"Constructive notice" means notice by certified mail to
the last known address of the person entitled to notice with
delivery deemed to have occurred 48 hours after the certified
notice is mailed.
"Incompetent" means any person who has been adjudged as
mentally ill or as a person with a developmental disability
and who, because of mental illness or developmental
disability, is not fully able to manage oneself and for whom a
guardian of the person has been appointed under paragraph (1)
of subsection (a) of Section 11a-3 of the Probate Act of 1975.
"Medical emergency" means a condition that, on the basis
of the physician's good faith clinical judgment, so
complicates the medical condition of a pregnant woman as to
necessitate the immediate abortion of her pregnancy to avert
her death or for which a delay will create serious risk of
substantial and irreversible impairment of major bodily
function.
"Minor" means any person under 18 years of age who is not
or has not been married or who has not been emancipated under
the Emancipation of Minors Act.
"Neglect" means the failure of an adult family member to
supply a child with necessary food, clothing, shelter, or
medical care when reasonably able to do so or the failure to
protect a child from conditions or actions that imminently and

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seriously endanger the child's physical or mental health when
reasonably able to do so.
"Physical abuse" means any physical injury intentionally
inflicted by an adult family member on a child.
"Physician" means any person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
"Sexual abuse" means any sexual conduct or sexual
penetration as defined in Section 11-0.1 of the Criminal Code
of 2012 that is prohibited by the criminal laws of the State
and committed against a minor by an adult family member as
defined in this Act.
Section 4-15. Notice to adult family member. No person
shall knowingly perform an abortion upon a minor or upon an
incompetent person unless the physician or his or her agent
has given at least 48 hours actual notice to an adult family
member of the pregnant minor or incompetent person of his or
her intention to perform the abortion, unless that person or
his or her agent has received a written statement by a
referring physician certifying that the referring physician or
his or her agent has given at least 48 hours notice to an adult
family member of the pregnant minor or incompetent person. If
actual notice is not possible after a reasonable effort, the
physician or his or her agent must give 48 hours constructive
notice.

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Section 4-20. Exceptions. Notice shall not be required
under this Act if:
(1) the minor or incompetent person is accompanied by
a person entitled to notice;
(2) notice is waived in writing by a person who is
entitled to notice;
(3) the attending physician certifies in the patient's
medical record that a medical emergency exists and there
is insufficient time to provide the required notice;
(4) the minor declares in writing that she is a victim
of sexual abuse, neglect, or physical abuse by an adult
family member. The attending physician must certify in the
patient's medical record that he or she has received the
written declaration of abuse or neglect. Any notification
of public authorities of abuse that may be required under
other laws of this State need not be made by the person
performing the abortion until after the minor receives an
abortion that otherwise complies with the requirements of
this Act; or
(5) notice is waived under Section 4-25.
Section 4-25. Procedure for judicial waiver of notice.
(a) The requirements and procedures under this Section are
available to minors and incompetent persons whether they are
residents of this State.
(b) The minor or incompetent person may petition any

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circuit court for a waiver of the notice requirement and may
participate in proceedings on her own behalf. The court shall
appoint a guardian ad litem for her. Any guardian ad litem
appointed under this Act shall act to maintain the
confidentiality of the proceedings. The circuit court shall
advise her that she has a right to court-appointed counsel and
shall provide her with counsel upon her request.
(c) Court proceedings under this Section shall be
confidential and shall ensure the anonymity of the minor or
incompetent person. All court proceedings under this Section
shall be sealed. The minor or incompetent person shall have
the right to file her petition in the circuit court using a
pseudonym or using solely her initials. All documents related
to this petition shall be confidential and shall not be made
available to the public.
These proceedings shall be given precedence over other
pending matters to the extent necessary to ensure that the
court reaches a decision promptly. The court shall rule and
issue written findings of fact and conclusions of law within
48 hours of the time that the petition is filed, except that
the 48-hour limitation may be extended at the request of the
minor or incompetent person. If the court fails to rule within
the 48-hour period and an extension is not requested, then the
petition shall be deemed to have been granted, and the notice
requirement shall be waived.
(d) Notice shall be waived if the court finds by a

HB4302 - 24 - LRB103 35621 LNS 65695 b
preponderance of the evidence either:
(1) that the minor or incompetent person is
sufficiently mature and well enough informed to decide
intelligently whether to have an abortion; or
(2) that notification under Section 4-15 would not be
in the best interests of the minor or incompetent person.
(e) A court that conducts proceedings under this Section
shall issue written and specific factual findings and legal
conclusions supporting its decision and shall order that a
confidential record of the evidence and the judge's findings
and conditions be maintained.
(f) An expedited confidential appeal shall be available,
as the Supreme Court provides by rule, to any minor or
incompetent person to whom the circuit court denies a waiver
of notice. An order authorizing an abortion without notice
shall not be subject to appeal.
(g) The Supreme Court is respectfully requested to adopt
any rules necessary to ensure that proceedings under this Act
are handled in an expeditious and confidential manner.
(h) No fees shall be required of any minor or incompetent
person who avails herself of the procedures provided by this
Section.
Section 4-30. Minor's consent to abortion. A person may
not perform an abortion on a minor without the minor's
consent, except in a medical emergency.

HB4302 - 25 - LRB103 35621 LNS 65695 b
Section 4-35. Reports. The Department of Public Health
shall comply with the reporting requirements set forth in the
consent decree in Herbst v. O'Malley, case no. 84-C-5602 in
the U.S. District Court for the Northern District of Illinois,
Eastern Division.
Section 4-40. Penalties.
(a) Any physician who willfully fails to provide notice as
required under this Act before performing an abortion on a
minor or an incompetent person shall be referred to the
Illinois State Medical Board for action in accordance with
Section 22 of the Medical Practice Act of 1987.
(b) Any person, not authorized under this Act, who signs
any waiver of notice for a minor or incompetent person seeking
an abortion, is guilty of a Class C misdemeanor.
Section 4-45. Immunity. Any physician who, in good faith,
provides notice in accordance with Section 4-15 or relies on
an exception under Section 4-20 shall not be subject to any
type of civil or criminal liability or discipline for
unprofessional conduct for failure to give required notice.
Section 4-50. Severability and inseverability. If any
provision of this Act or its application to any person or
circumstance is held invalid, the invalidity of that provision

HB4302 - 26 - LRB103 35621 LNS 65695 b
or application does not affect other provisions or
applications of the Act that can be given effect without the
invalid provision or application, except that Section 4-25 is
inseverable to the extent that if all or any substantial and
material part of Section 4-25 is held invalid, then the entire
Act is invalid.
Article 5.
Section 5-5. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required

HB4302 - 27 - LRB103 35621 LNS 65695 b
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and

HB4302 - 28 - LRB103 35621 LNS 65695 b
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and

HB4302 - 29 - LRB103 35621 LNS 65695 b
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(d-7) Information gathered or records created from the
use of automatic license plate readers in connection with
Section 2-130 of the Illinois Vehicle Code.
(e) Records that relate to or affect the security of

HB4302 - 30 - LRB103 35621 LNS 65695 b
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail

HB4302 - 31 - LRB103 35621 LNS 65695 b
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.

HB4302 - 32 - LRB103 35621 LNS 65695 b
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting

HB4302 - 33 - LRB103 35621 LNS 65695 b
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or

HB4302 - 34 - LRB103 35621 LNS 65695 b
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an

HB4302 - 35 - LRB103 35621 LNS 65695 b
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other

HB4302 - 36 - LRB103 35621 LNS 65695 b
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance (including any
intergovernmental risk management association or
self-insurance pool) claims, loss or risk management
information, records, data, advice, or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit

HB4302 - 37 - LRB103 35621 LNS 65695 b
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.

HB4302 - 38 - LRB103 35621 LNS 65695 b
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of

HB4302 - 39 - LRB103 35621 LNS 65695 b
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;

HB4302 - 40 - LRB103 35621 LNS 65695 b
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) Records described in subsection (f) of Section
3-5-1 of the Unified Code of Corrections.

HB4302 - 41 - LRB103 35621 LNS 65695 b
(pp) Any and all information regarding burials,
interments, or entombments of human remains as required to
be reported to the Department of Natural Resources
pursuant either to the Archaeological and Paleontological
Resources Protection Act or the Human Remains Protection
Act.
(qq) (Blank). (pp) Reports described in subsection (e)
of Section 16-15 of the Abortion Care Clinical Training
Program Act.
(rr) (pp) Information obtained by a certified local
health department under the Access to Public Health Data
Act.
(ss) (pp) For a request directed to a public body that
is also a HIPAA-covered entity, all information that is
protected health information, including demographic
information, that may be contained within or extracted
from any record held by the public body in compliance with
State and federal medical privacy laws and regulations,
including, but not limited to, the Health Insurance
Portability and Accountability Act and its regulations, 45
CFR Parts 160 and 164. As used in this paragraph,
"HIPAA-covered entity" has the meaning given to the term
"covered entity" in 45 CFR 160.103 and "protected health
information" has the meaning given to that term in 45 CFR
160.103.
(1.5) Any information exempt from disclosure under the

HB4302 - 42 - LRB103 35621 LNS 65695 b
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
9-7-23.)
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:

HB4302 - 43 - LRB103 35621 LNS 65695 b
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.

HB4302 - 44 - LRB103 35621 LNS 65695 b
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of

HB4302 - 45 - LRB103 35621 LNS 65695 b
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). 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
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(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) (Blank).

HB4302 - 46 - LRB103 35621 LNS 65695 b
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card 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

HB4302 - 47 - LRB103 35621 LNS 65695 b
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under

HB4302 - 48 - LRB103 35621 LNS 65695 b
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) 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.

HB4302 - 49 - LRB103 35621 LNS 65695 b
(qq) (Blank). 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
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.

HB4302 - 50 - LRB103 35621 LNS 65695 b
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card

HB4302 - 51 - LRB103 35621 LNS 65695 b
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)
(Text of Section after amendment by P.A. 103-472)
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

HB4302 - 52 - LRB103 35621 LNS 65695 b
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy

HB4302 - 53 - LRB103 35621 LNS 65695 b
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). 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

HB4302 - 54 - LRB103 35621 LNS 65695 b
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
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(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) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm

HB4302 - 55 - LRB103 35621 LNS 65695 b
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.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card 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

HB4302 - 56 - LRB103 35621 LNS 65695 b
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

HB4302 - 57 - LRB103 35621 LNS 65695 b
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) (Blank). 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

HB4302 - 58 - LRB103 35621 LNS 65695 b
Human Rights pursuant to Section 2-108 of the Illinois
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 prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil

HB4302 - 59 - LRB103 35621 LNS 65695 b
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint

HB4302 - 60 - LRB103 35621 LNS 65695 b
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
revised 9-5-23.)
Section 5-10. The State Employees Group Insurance Act of
1971 is amended by changing Section 6.11 as follows:
(5 ILCS 375/6.11)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall
provide the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under
Section 356t of the Illinois Insurance Code. The program of
health benefits shall provide the coverage required under
Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,

HB4302 - 61 - LRB103 35621 LNS 65695 b
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60,
and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and
356z.70 of the Illinois Insurance Code. The program of health
benefits must comply with Sections 155.22a, 155.37, 355b,
356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
Insurance Code. The program of health benefits shall provide
the coverage required under Section 356m of the Illinois
Insurance Code and, for the employees of the State Employee
Group Insurance Program only, the coverage as also provided in
Section 6.11B of this Act. The Department of Insurance shall
enforce the requirements of this Section with respect to
Sections 370c and 370c.1 of the Illinois Insurance Code; all
other requirements of this Section shall be enforced by the
Department of Central Management Services.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,
eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,

HB4302 - 62 - LRB103 35621 LNS 65695 b
eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;
103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.
8-11-23; revised 8-29-23.)
Section 5-15. The Children and Family Services Act is
amended by changing Section 5 as follows:
(20 ILCS 505/5)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987 and who continue under the jurisdiction of the
court; or
(B) were accepted for care, service, and training
by the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service, and training
because of severe emotional disturbances, physical
disability, social adjustment, or any combination

HB4302 - 63 - LRB103 35621 LNS 65695 b
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety,
and welfare of children, including homeless,
dependent, or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation, or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the
child and the families when the child can be cared for
at home without endangering the child's health and

HB4302 - 64 - LRB103 35621 LNS 65695 b
safety;
(E) placing children in suitable permanent family
arrangements, through guardianship or adoption, in
cases where restoration to the birth family is not
safe, possible, or appropriate;
(F) at the time of placement, conducting
concurrent planning, as described in subsection (l-1)
of this Section, so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and

HB4302 - 65 - LRB103 35621 LNS 65695 b
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting, or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions. (Blank).
(b-5) The Department shall adopt rules to establish a
process for all licensed residential providers in Illinois to
submit data as required by the Department, if they contract or
receive reimbursement for children's mental health, substance
use, and developmental disability services from the Department
of Human Services, the Department of Juvenile Justice, or the
Department of Healthcare and Family Services. The requested
data must include, but is not limited to, capacity, staffing,
and occupancy data for the purpose of establishing State need
and placement availability.
All information collected, shared, or stored pursuant to
this subsection shall be handled in accordance with all State
and federal privacy laws and accompanying regulations and
rules, including without limitation the federal Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191) and the Mental Health and Developmental

HB4302 - 66 - LRB103 35621 LNS 65695 b
Disabilities Confidentiality Act.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract
or the remaining months of the fiscal year, whichever is less,
and the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies
for child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).

HB4302 - 67 - LRB103 35621 LNS 65695 b
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including, but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance
use disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor
to the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be

HB4302 - 68 - LRB103 35621 LNS 65695 b
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include, but not be limited to, the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and

HB4302 - 69 - LRB103 35621 LNS 65695 b
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were
youth in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the
child's adoptive parents died and ending with the finalization
of the new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

HB4302 - 70 - LRB103 35621 LNS 65695 b
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and
Neglected Child Reporting Act, to help families, including
adoptive and extended families. Family preservation services

HB4302 - 71 - LRB103 35621 LNS 65695 b
shall be offered (i) to prevent the placement of children in
substitute care when the children can be cared for at home or
in the custody of the person responsible for the children's
welfare, (ii) to reunite children with their families, or
(iii) to maintain an adoptive placement. Family preservation
services shall only be offered when doing so will not endanger
the children's health or safety. With respect to children who
are in substitute care pursuant to the Juvenile Court Act of
1987, family preservation services shall not be offered if a
goal other than those of subdivision subdivisions (A), (B), or
(B-1) of subsection (2) of Section 2-28 of that Act has been
set, except that reunification services may be offered as
provided in paragraph (F) of subsection (2) of Section 2-28 of
that Act. Nothing in this paragraph shall be construed to
create a private right of action or claim on the part of any
individual or child welfare agency, except that when a child
is the subject of an action under Article II of the Juvenile
Court Act of 1987 and the child's service plan calls for
services to facilitate achievement of the permanency goal, the
court hearing the action under Article II of the Juvenile
Court Act of 1987 may order the Department to provide the
services set out in the plan, if those services are not
provided with reasonable promptness and if those services are
available.
The Department shall notify the child and the child's
family of the Department's responsibility to offer and provide

HB4302 - 72 - LRB103 35621 LNS 65695 b
family preservation services as identified in the service
plan. The child and the child's family shall be eligible for
services as soon as the report is determined to be
"indicated". The Department may offer services to any child or
family with respect to whom a report of suspected child abuse
or neglect has been filed, prior to concluding its
investigation under Section 7.12 of the Abused and Neglected
Child Reporting Act. However, the child's or family's
willingness to accept services shall not be considered in the
investigation. The Department may also provide services to any
child or family who is the subject of any report of suspected
child abuse or neglect or may refer such child or family to
services available from other agencies in the community, even
if the report is determined to be unfounded, if the conditions
in the child's or family's home are reasonably likely to
subject the child or family to future reports of suspected
child abuse or neglect. Acceptance of such services shall be
voluntary. The Department may also provide services to any
child or family after completion of a family assessment, as an
alternative to an investigation, as provided under the
"differential response program" provided for in subsection
(a-5) of Section 7.4 of the Abused and Neglected Child
Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,

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as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition

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to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. An independent basis
exists when the allegations or adjudication of abuse, neglect,
or dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to
attend any hearing involving a youth in the care and custody of
the Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and
stress of caring for a child who has been diagnosed with a
pervasive developmental disorder if the Department determines
that those services are necessary to ensure the health and
safety of the child. The Department may offer services to any
family whether or not a report has been filed under the Abused
and Neglected Child Reporting Act. The Department may refer
the child or family to services available from other agencies
in the community if the conditions in the child's or family's
home are reasonably likely to subject the child or family to
future reports of suspected child abuse or neglect. Acceptance
of these services shall be voluntary. The Department shall

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develop and implement a public information campaign to alert
health and social service providers and the general public
about these special family preservation services. The nature
and scope of the services offered and the number of families
served under the special program implemented under this
paragraph shall be determined by the level of funding that the
Department annually allocates for this purpose. The term
"pervasive developmental disorder" under this paragraph means
a neurological condition, including, but not limited to,
Asperger's Syndrome and autism, as defined in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
(l-1) The General Assembly recognizes that the best
interests of the child require that the child be placed in the
most permanent living arrangement as soon as is practically
possible. To achieve this goal, the General Assembly directs
the Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with

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respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;

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(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family
to provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or by
the parent having custody of the child if the parents are
not living together or by the guardian or custodian of the
child if the child is not in the custody of either parent,
or
(2) the child is found in the State and neither a
parent, guardian, nor custodian of the child can be
located.
If the child is found in the child's residence without a
parent, guardian, custodian, or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,

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guardian, or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until a
relative enters the home and is willing and able to ensure the
child's health and safety and assume charge of the child until
a parent, guardian, or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities,
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987, shall have the
authority, responsibilities, and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3 of
the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into

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custody is scheduled for an appointment for a medical
examination.
A parent, guardian, or custodian of a child in the
temporary custody of the Department who would have custody of
the child if the child were not in the temporary custody of the
Department may deliver to the Department a signed request that
the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for
10 days after the receipt of the request, during which period
the Department may cause to be filed a petition pursuant to the
Juvenile Court Act of 1987. If a petition is so filed, the
Department shall retain temporary custody of the child until
the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the
custody of the requesting parent, guardian, or custodian not
later than the expiration of the 10-day period, at which time
the authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the
Director or the Director's designate prior to admission to the
facility subject to Section 2-27.1 of the Juvenile Court Act
of 1987. This subsection (m-1) does not apply to a child who is

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subject to placement in a correctional facility operated
pursuant to Section 3-15-2 of the Unified Code of Corrections,
unless the child is a youth in care who was placed in the care
of the Department before being subject to placement in a
correctional facility and a court of competent jurisdiction
has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for board,
clothing, care, training, and supervision of any child placed
in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training, and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical disability,
social adjustment, or any combination thereof and suitable

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facilities for the placement of such children are not
available at payment rates within the limitations set forth in
this Section. All reimbursements for services delivered shall
be absolutely inalienable by assignment, sale, attachment, or
garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services
under this Section through the Department of Children and
Family Services or by referral from the Department of Human
Services. Youth participating in services under this Section
shall cooperate with the assigned case manager in developing
an agreement identifying the services to be provided and how
the youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves

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self-sufficiency as identified in the minor's service plan.
The Department of Children and Family Services shall create
clear, readable notice of the rights of former foster youth to
child welfare services under this Section and how such
services may be obtained. The Department of Children and
Family Services and the Department of Human Services shall
disseminate this information statewide. The Department shall
adopt regulations describing services intended to assist
minors in achieving sustainable self-sufficiency as
independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the Department.
Youth in care who are placed by private child welfare
agencies, and foster families with whom those youth are
placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
ensure that any private child welfare agency, which accepts
youth in care for placement, affords those rights to children
and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made
by (i) a child or foster family concerning a decision
following an initial review by a private child welfare agency
or (ii) a prospective adoptive parent who alleges a violation

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of subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner. A court determination that a
current foster home placement is necessary and appropriate
under Section 2-28 of the Juvenile Court Act of 1987 does not
constitute a judicial determination on the merits of an
administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation, or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department, except that the benefits described in Section
5.46 must be used and conserved consistent with the provisions
under Section 5.46.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for
Veterans' Benefits, Social Security benefits, assistance
allotments from the armed forces, court ordered payments,
parental voluntary payments, Supplemental Security Income,
Railroad Retirement payments, Black Lung benefits, or other
miscellaneous payments. Interest earned by each account shall

HB4302 - 84 - LRB103 35621 LNS 65695 b
be credited to the account, unless disbursed in accordance
with this subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
Guardianship Administrator or the Guardianship
Administrator's designee must approve disbursements from
children's accounts. The Department shall be responsible
for keeping complete records of all disbursements for each
account for any purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or the child's guardian, or to the issuing agency.

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(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all persons
who have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names
of such children who have not been placed for adoption. A list
of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and
of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations

HB4302 - 86 - LRB103 35621 LNS 65695 b
from the General Revenue Fund, specifically designated for
such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither
party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) In addition to other information that must be
provided, whenever the Department places a child with a
prospective adoptive parent or parents, in a licensed foster
home, group home, or child care institution, or in a relative
home, the Department shall provide to the prospective adoptive
parent or parents or other caretaker:

HB4302 - 87 - LRB103 35621 LNS 65695 b
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the child;
and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known

HB4302 - 88 - LRB103 35621 LNS 65695 b
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker
shall be reviewed and approved regarding accuracy at the
supervisory level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only

HB4302 - 89 - LRB103 35621 LNS 65695 b
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Illinois State Police Law if the Department determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
Department shall provide for interactive computerized
communication and processing equipment that permits direct
on-line communication with the Illinois State Police's central
criminal history data repository. The Department shall comply
with all certification requirements and provide certified
operators who have been trained by personnel from the Illinois
State Police. In addition, one Office of the Inspector General
investigator shall have training in the use of the criminal
history information access system and have access to the
terminal. The Department of Children and Family Services and
its employees shall abide by rules and regulations established
by the Illinois State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child,
the Department shall conduct a criminal records background

HB4302 - 90 - LRB103 35621 LNS 65695 b
check of the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted
if the record check reveals a felony conviction for child
abuse or neglect, for spousal abuse, for a crime against
children, or for a crime involving violence, including rape,
sexual assault, or homicide, but not including other physical
assault or battery, or if there is a felony conviction for
physical assault, battery, or a drug-related offense committed
within the past 5 years.
(v-2) Prior to final approval for placement of a child,
the Department shall check its child abuse and neglect
registry for information concerning prospective foster and
adoptive parents, and any adult living in the home. If any
prospective foster or adoptive parent or other adult living in
the home has resided in another state in the preceding 5 years,
the Department shall request a check of that other state's
child abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that

HB4302 - 91 - LRB103 35621 LNS 65695 b
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are
needed in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of

HB4302 - 92 - LRB103 35621 LNS 65695 b
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit the employee's
or applicant's fingerprints to the Illinois State Police in
the form and manner prescribed by the Illinois State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State Police
and the Federal Bureau of Investigation criminal history
records databases. The Illinois State Police shall charge a
fee for conducting the criminal history record check, which
shall be deposited into the State Police Services Fund and
shall not exceed the actual cost of the record check. The
Illinois State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the

HB4302 - 93 - LRB103 35621 LNS 65695 b
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Illinois State Police as a result of a fingerprint-based
criminal history records check of the Illinois criminal
history records database and the Federal Bureau of
Investigation criminal history records database concerning
a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Illinois State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,

HB4302 - 94 - LRB103 35621 LNS 65695 b
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
Section 5-20. The Criminal Identification Act is amended
by changing Section 3.2 as follows:
(20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)
Sec. 3.2. (a) It is the duty of any person conducting or
operating a medical facility, or any physician or nurse as
soon as treatment permits to notify the local law enforcement
agency of that jurisdiction upon the application for treatment
of a person who is not accompanied by a law enforcement
officer, when it reasonably appears that the person requesting
treatment has received:
(1) any injury resulting from the discharge of a
firearm; or
(2) any injury sustained in the commission of or as a
victim of a criminal offense.
Any hospital, physician, or nurse shall be forever held

HB4302 - 95 - LRB103 35621 LNS 65695 b
harmless from any civil liability for their reasonable
compliance with the provisions of this Section.
(b) Notwithstanding subsection (a), nothing in this
Section shall be construed to require the reporting of lawful
health care activity, whether such activity may constitute a
violation of another state's law.
(c) As used in this Section:
"Lawful health care" means:
(1) reproductive health care that is not unlawful
under the laws of this State or was not unlawful under the
laws of this State as of January 13, 2023 (the effective
date of Public Act 102-1117), including on any theory of
vicarious, joint, several, or conspiracy liability; or
(2) the treatment of gender dysphoria or the
affirmation of an individual's gender identity or gender
expression, including but not limited to, all supplies,
care, and services of a medical, behavioral health, mental
health, surgical, psychiatric, therapeutic, diagnostic,
preventative, rehabilitative, or supportive nature that is
not unlawful under the laws of this State or was not
unlawful under the laws of this State as of January 13,
2023 (the effective date of Public Act 102-1117),
including on any theory of vicarious, joint, several, or
conspiracy liability.
"Lawful health care activity" means seeking, providing,
receiving, assisting in seeking, providing, or receiving,

HB4302 - 96 - LRB103 35621 LNS 65695 b
providing material support for, or traveling to obtain lawful
health care.
(Source: P.A. 102-1117, eff. 1-13-23; 103-551, eff. 8-11-23.)
Section 5-25. The Counties Code is amended by changing
Sections 3-3013, 3-4006, and 5-1069.3 as follows:
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever,
as soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal, or accidental, including, but not
limited to, deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical, or radiational
injury, or a complication of any of them, or by drowning or
suffocation, or as a result of domestic violence as
defined in the Illinois Domestic Violence Act of 1986;
(b) A maternal or fetal death due to abortion, or any
death due to a sex crime or a crime against nature;
(c) A death where the circumstances are suspicious,
obscure, mysterious, or otherwise unexplained or where, in
the written opinion of the attending physician, the cause
of death is not determined;

HB4302 - 97 - LRB103 35621 LNS 65695 b
(d) A death where addiction to alcohol or to any drug
may have been a contributory cause; or
(e) A death where the decedent was not attended by a
licensed physician;
shall go to the place where the dead body is and take charge of
the same and shall make a preliminary investigation into the
circumstances of the death. In the case of death without
attendance by a licensed physician, the body may be moved with
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify
such physician as is designated in accordance with Section
3-3014 to attempt to ascertain the cause of death, either by
autopsy or otherwise.
In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected
operator of a motor vehicle, or (2) a pedestrian 16 years of
age or older, the coroner shall require that a blood specimen
of at least 30 cc., and if medically possible a urine specimen
of at least 30 cc. or as much as possible up to 30 cc., be
withdrawn from the body of the decedent in a timely fashion
after the crash causing his death, by such physician as has
been designated in accordance with Section 3-3014, or by the
coroner or deputy coroner or a qualified person designated by
such physician, coroner, or deputy coroner. If the county does
not maintain laboratory facilities for making such analysis,
the blood and urine so drawn shall be sent to the Illinois

HB4302 - 98 - LRB103 35621 LNS 65695 b
State Police or any other accredited or State-certified
laboratory for analysis of the alcohol, carbon monoxide, and
dangerous or narcotic drug content of such blood and urine
specimens. Each specimen submitted shall be accompanied by
pertinent information concerning the decedent upon a form
prescribed by such laboratory. Any person drawing blood and
urine and any person making any examination of the blood and
urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred
or imposed.
In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e)
above, blood, and, whenever possible, urine samples shall be
analyzed for the presence of alcohol and other drugs. When the
coroner suspects that drugs may have been involved in the
death, either directly or indirectly, a toxicological
examination shall be performed which may include analyses of
blood, urine, bile, gastric contents, and other tissues. When
the coroner suspects a death is due to toxic substances, other
than drugs, the coroner shall consult with the toxicologist
prior to collection of samples. Information submitted to the
toxicologist shall include information as to height, weight,
age, sex, and race of the decedent as well as medical history,
medications used by, and the manner of death of the decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical

HB4302 - 99 - LRB103 35621 LNS 65695 b
examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit
the specimens using the agency case number to a National DNA
Index System (NDIS) participating laboratory within this
State, such as the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings. The results of the analysis and categorizing into
genetic marker groupings shall be provided to the Illinois
State Police and shall be maintained by the Illinois State
Police in the State central repository in the same manner, and
subject to the same conditions, as provided in Section 5-4-3
of the Unified Code of Corrections. The requirements of this
paragraph are in addition to any other findings, specimens, or
information that the coroner or medical examiner is required
to provide during the conduct of a criminal investigation.
In all counties, in cases of apparent suicide, homicide,

HB4302 - 100 - LRB103 35621 LNS 65695 b
or accidental death or in other cases, within the discretion
of the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgment which the coroner deems practical and
provides a reliable proof of service. The summons may be
served by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.
Inquests may be continued from time to time, as the coroner may
deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the

HB4302 - 101 - LRB103 35621 LNS 65695 b
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the
vacancy or vacancies. At the coroner's discretion, additional
jurors to fill such vacancies shall be supplied by the jury
commission. A juror serving pursuant to this paragraph in such
county shall receive compensation from the county at the same
rate as the rate of compensation that is paid to petit or grand
jurors in the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in
a manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in

HB4302 - 102 - LRB103 35621 LNS 65695 b
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Illinois State Police.
All deaths in State institutions and all deaths of wards
of the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by
the Department of Children and Family Services shall be
reported to the coroner of the county in which the facility is
located. If the coroner has reason to believe that an
investigation is needed to determine whether the death was
caused by maltreatment or negligent care of the ward of the
State or youth in care as defined in Section 4d of the Children
and Family Services Act, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases

HB4302 - 103 - LRB103 35621 LNS 65695 b
of death under circumstances set forth in subparagraphs (a)
through (e) of this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;
103-154, eff. 6-30-23.)
(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
Sec. 3-4006. Duties of public defender. The Public
Defender, as directed by the court, shall act as attorney,
without fee, before any court within any county for all
persons who are held in custody or who are charged with the
commission of any criminal offense, and who the court finds
are unable to employ counsel.
The Public Defender shall be the attorney, without fee,
when so appointed by the court under Section 1-20 of the
Juvenile Court Act or Section 1-5 of the Juvenile Court Act of
1987 or by any court under subsection (b) of Section 4-5 of the
Parental Notice of Abortion Act of 2024 for any party who the
court finds is financially unable to employ counsel.
In cases subject to Section 5-170 of the Juvenile Court
Act of 1987 involving a minor who was under 15 years of age at
the time of the commission of the offense, that occurs in a
county with a full-time public defender office, a public
defender, without fee or appointment, may represent and have
access to a minor during a custodial interrogation. In cases
subject to Section 5-170 of the Juvenile Court Act of 1987
involving a minor who was under 15 years of age at the time of

HB4302 - 104 - LRB103 35621 LNS 65695 b
the commission of the offense, that occurs in a county without
a full-time public defender, the law enforcement agency
conducting the custodial interrogation shall ensure that the
minor is able to consult with an attorney who is under contract
with the county to provide public defender services.
Representation by the public defender shall terminate at the
first court appearance if the court determines that the minor
is not indigent.
Every court shall, with the consent of the defendant and
where the court finds that the rights of the defendant would be
prejudiced by the appointment of the public defender, appoint
counsel other than the public defender, except as otherwise
provided in Section 113-3 of the "Code of Criminal Procedure
of 1963". That counsel shall be compensated as is provided by
law. He shall also, in the case of the conviction of any such
person, prosecute any proceeding in review which in his
judgment the interests of justice require.
In counties with a population over 3,000,000, the public
defender, without fee or appointment and with the concurrence
of the county board, may act as attorney to noncitizens in
immigration cases. Representation by the public defender in
immigration cases shall be limited to those arising in
immigration courts located within the geographical boundaries
of the county where the public defender has been appointed to
office unless the board authorizes the public defender to
provide representation outside the county.

HB4302 - 105 - LRB103 35621 LNS 65695 b
(Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.)
(55 ILCS 5/5-1069.3)
Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes
of providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53,
356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and
356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the
Illinois Insurance Code. The coverage shall comply with
Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
Insurance Code. The Department of Insurance shall enforce the
requirements of this Section. The requirement that health
benefits be covered as provided in this Section is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule county to which this
Section applies must comply with every provision of this
Section.

HB4302 - 106 - LRB103 35621 LNS 65695 b
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
8-29-23.)
Section 5-30. The Illinois Municipal Code is amended by
changing Section 10-4-2.3 as follows:
(65 ILCS 5/10-4-2.3)
Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include
coverage for the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under

HB4302 - 107 - LRB103 35621 LNS 65695 b
Section 356t and the coverage required under Sections 356g,
356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and 356z.62,
356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois
Insurance Code. The coverage shall comply with Sections
155.22a, 355b, 356z.19, and 370c of the Illinois Insurance
Code. The Department of Insurance shall enforce the
requirements of this Section. The requirement that health
benefits be covered as provided in this is an exclusive power
and function of the State and is a denial and limitation under
Article VII, Section 6, subsection (h) of the Illinois
Constitution. A home rule municipality to which this Section
applies must comply with every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,

HB4302 - 108 - LRB103 35621 LNS 65695 b
eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
8-29-23.)
Section 5-35. The School Code is amended by changing
Section 10-22.3f as follows:
(105 ILCS 5/10-22.3f)
Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g, 356g.5, 356g.5-1,
356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,
356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and
356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70
of the Illinois Insurance Code. Insurance policies shall
comply with Section 356z.19 of the Illinois Insurance Code.
The coverage shall comply with Sections 155.22a, 355b, and
370c of the Illinois Insurance Code. The Department of

HB4302 - 109 - LRB103 35621 LNS 65695 b
Insurance shall enforce the requirements of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804,
eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff.
1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420,
eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23;
103-551, eff. 8-11-23; revised 8-29-23.)
Section 5-40. The Ambulatory Surgical Treatment Center Act
is amended by changing Sections 2 and 3 and by adding Section
6.2 as follows:
(210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
Sec. 2. It is declared to be the public policy that the
State has a legitimate interest in assuring that all medical
procedures, including abortions, are performed under
circumstances that insure maximum safety. Therefore, the
purpose of this Act is to provide for the better protection of

HB4302 - 110 - LRB103 35621 LNS 65695 b
the public health through the development, establishment, and
enforcement of standards (1) for the care of individuals in
ambulatory surgical treatment centers, and (2) for the
construction, maintenance, and operation of ambulatory
surgical treatment centers, which, in light of advancing
knowledge, will promote safe and adequate treatment of such
individuals in ambulatory surgical treatment centers.
(Source: P.A. 101-13, eff. 6-12-19.)
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
(A) "Ambulatory surgical treatment center" means any
institution, place, or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures. "Ambulatory surgical treatment center"
includes any place that meets and complies with the definition
of an ambulatory surgical treatment center under the rules
adopted by the Department or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,
facilities devoted exclusively to the treatment of children
may provide accommodations and beds for their patients for up

HB4302 - 111 - LRB103 35621 LNS 65695 b
to 23 hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred
to a hospital.
The term "ambulatory surgical treatment center" does not
include any of the following:
(1) Any institution, place, building, or agency
required to be licensed pursuant to the "Hospital
Licensing Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act.
(3) Hospitals or ambulatory surgical treatment centers
maintained by the State or any department or agency
thereof, where such department or agency has authority
under law to establish and enforce standards for the
hospitals or ambulatory surgical treatment centers under
its management and control.
(4) Hospitals or ambulatory surgical treatment centers
maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted
exclusively to the performance of dental or oral surgical
procedures.
(6) Any facility in which the performance of abortion

HB4302 - 112 - LRB103 35621 LNS 65695 b
procedures, including procedures to terminate a pregnancy
or to manage pregnancy loss, is limited to those performed
without general, epidural, or spinal anesthesia, and which
is not otherwise required to be an ambulatory surgical
treatment center. For purposes of this paragraph,
"general, epidural, or spinal anesthesia" does not include
local anesthesia or intravenous sedation. Nothing in this
paragraph shall be construed to limit any such facility
from voluntarily electing to apply for licensure as an
ambulatory surgical treatment center.
(B) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of the Department of
Public Health of the State of Illinois.
(E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.
(F) "Dentist" means a person licensed to practice
dentistry under the Illinois Dental Practice Act.
(G) "Podiatric physician" means a person licensed to
practice podiatry under the Podiatric Medical Practice Act of
1987.
(Source: P.A. 101-13, eff. 6-12-19.)

HB4302 - 113 - LRB103 35621 LNS 65695 b
(210 ILCS 5/6.2 new)
Sec. 6.2. Physician required for centers primarily
providing abortions. Notwithstanding any other provision of
this Act, any corporation operating an ambulatory surgical
treatment center devoted primarily to providing facilities for
abortion must have a physician, who is licensed to practice
medicine in all of its branches and is actively engaged in the
practice of medicine at the center, on the board of directors
as a condition to licensure of the center.
Section 5-45. The Birth Center Licensing Act is amended by
changing Sections 5 and 30 as follows:
(210 ILCS 170/5)
Sec. 5. Definitions. In this Act:
"Birth center" means a designated site, other than a
hospital:
(1) in which births are planned to occur following a
normal, uncomplicated, and low-risk pregnancy;
(2) that is not the pregnant person's usual place of
residence;
(3) that is exclusively dedicated to serving the
childbirth-related needs of pregnant persons and their
newborns, and has no more than 10 beds;
(4) that offers prenatal care and community education
services and coordinates these services with other health

HB4302 - 114 - LRB103 35621 LNS 65695 b
care services available in the community; and
(5) that does not provide general anesthesia or
surgery.
"Certified nurse midwife" means an advanced practice
registered nurse licensed in Illinois under the Nurse Practice
Act with full practice authority or who is delegated such
authority as part of a written collaborative agreement with a
physician who is associated with the birthing center or who
has privileges at a nearby birthing hospital.
"Department" means the Illinois Department of Public
Health.
"Hospital" does not include places where pregnant females
are received, cared for, or treated during delivery if it is in
a licensed birth center, nor include any facility required to
be licensed as a birth center.
"Licensed certified professional midwife" means a person
who has successfully met the requirements under Section 45 of
the Licensed Certified Professional Midwife Practice Act and
holds an active license to practice as a licensed certified
professional midwife in Illinois.
"Physician" means a physician licensed to practice
medicine in all its branches in Illinois.
(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23;
102-1117, eff. 1-13-23.)
(210 ILCS 170/30)

HB4302 - 115 - LRB103 35621 LNS 65695 b
Sec. 30. Minimum standards.
(a) The Department's rules adopted pursuant to Section 60
of this Act shall contain minimum standards to protect the
health and safety of a patient of a birth center. In adopting
rules for birth centers, the Department shall consider:
(1) the Commission for the Accreditation of Birth
Centers' Standards for Freestanding Birth Centers;
(2) the American Academy of Pediatrics and American
College of Obstetricians and Gynecologists Guidelines for
Perinatal Care; and
(3) the Regionalized Perinatal Health Care Code.
(b) Nothing in this Section shall be construed to prohibit
a facility licensed as a birth center from offering other
reproductive health care subject to any applicable laws,
rules, regulations, or licensing requirements for those
services. In this subsection, "reproductive health care" has
the same meaning as used in Section 1-10 of the Reproductive
Health Act.
(Source: P.A. 102-518, eff. 8-20-21; 102-813, eff. 5-13-22;
102-1117, eff. 1-13-23.)
Section 5-50. The Illinois Insurance Code is amended by
changing Sections 356z.3a and 356z.4 as follows:
(215 ILCS 5/356z.3a)
Sec. 356z.3a. Billing; emergency services;

HB4302 - 116 - LRB103 35621 LNS 65695 b
nonparticipating providers.
(a) As used in this Section:
"Ancillary services" means:
(1) items and services related to emergency medicine,
anesthesiology, pathology, radiology, and neonatology that
are provided by any health care provider;
(2) items and services provided by assistant surgeons,
hospitalists, and intensivists;
(3) diagnostic services, including radiology and
laboratory services, except for advanced diagnostic
laboratory tests identified on the most current list
published by the United States Secretary of Health and
Human Services under 42 U.S.C. 300gg-132(b)(3);
(4) items and services provided by other specialty
practitioners as the United States Secretary of Health and
Human Services specifies through rulemaking under 42
U.S.C. 300gg-132(b)(3); and
(5) items and services provided by a nonparticipating
provider if there is no participating provider who can
furnish the item or service at the facility. ; and
(6) items and services provided by a nonparticipating
provider if there is no participating provider who will
furnish the item or service because a participating
provider has asserted the participating provider's rights
under the Health Care Right of Conscience Act.
"Cost sharing" means the amount an insured, beneficiary,

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or enrollee is responsible for paying for a covered item or
service under the terms of the policy or certificate. "Cost
sharing" includes copayments, coinsurance, and amounts paid
toward deductibles, but does not include amounts paid towards
premiums, balance billing by out-of-network providers, or the
cost of items or services that are not covered under the policy
or certificate.
"Emergency department of a hospital" means any hospital
department that provides emergency services, including a
hospital outpatient department.
"Emergency medical condition" has the meaning ascribed to
that term in Section 10 of the Managed Care Reform and Patient
Rights Act.
"Emergency medical screening examination" has the meaning
ascribed to that term in Section 10 of the Managed Care Reform
and Patient Rights Act.
"Emergency services" means, with respect to an emergency
medical condition:
(1) in general, an emergency medical screening
examination, including ancillary services routinely
available to the emergency department to evaluate such
emergency medical condition, and such further medical
examination and treatment as would be required to
stabilize the patient regardless of the department of the
hospital or other facility in which such further
examination or treatment is furnished; or

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(2) additional items and services for which benefits
are provided or covered under the coverage and that are
furnished by a nonparticipating provider or
nonparticipating emergency facility regardless of the
department of the hospital or other facility in which such
items are furnished after the insured, beneficiary, or
enrollee is stabilized and as part of outpatient
observation or an inpatient or outpatient stay with
respect to the visit in which the services described in
paragraph (1) are furnished. Services after stabilization
cease to be emergency services only when all the
conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and
regulations thereunder are met.
"Freestanding Emergency Center" means a facility licensed
under Section 32.5 of the Emergency Medical Services (EMS)
Systems Act.
"Health care facility" means, in the context of
non-emergency services, any of the following:
(1) a hospital as defined in 42 U.S.C. 1395x(e);
(2) a hospital outpatient department;
(3) a critical access hospital certified under 42
U.S.C. 1395i-4(e);
(4) an ambulatory surgical treatment center as defined
in the Ambulatory Surgical Treatment Center Act; or
(5) any recipient of a license under the Hospital
Licensing Act that is not otherwise described in this

HB4302 - 119 - LRB103 35621 LNS 65695 b
definition.
"Health care provider" means a provider as defined in
subsection (d) of Section 370g. "Health care provider" does
not include a provider of air ambulance or ground ambulance
services.
"Health care services" has the meaning ascribed to that
term in subsection (a) of Section 370g.
"Health insurance issuer" has the meaning ascribed to that
term in Section 5 of the Illinois Health Insurance Portability
and Accountability Act.
"Nonparticipating emergency facility" means, with respect
to the furnishing of an item or service under a policy of group
or individual health insurance coverage, any of the following
facilities that does not have a contractual relationship
directly or indirectly with a health insurance issuer in
relation to the coverage:
(1) an emergency department of a hospital;
(2) a Freestanding Emergency Center;
(3) an ambulatory surgical treatment center as defined
in the Ambulatory Surgical Treatment Center Act; or
(4) with respect to emergency services described in
paragraph (2) of the definition of "emergency services", a
hospital.
"Nonparticipating provider" means, with respect to the
furnishing of an item or service under a policy of group or
individual health insurance coverage, any health care provider

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who does not have a contractual relationship directly or
indirectly with a health insurance issuer in relation to the
coverage.
"Participating emergency facility" means any of the
following facilities that has a contractual relationship
directly or indirectly with a health insurance issuer offering
group or individual health insurance coverage setting forth
the terms and conditions on which a relevant health care
service is provided to an insured, beneficiary, or enrollee
under the coverage:
(1) an emergency department of a hospital;
(2) a Freestanding Emergency Center;
(3) an ambulatory surgical treatment center as defined
in the Ambulatory Surgical Treatment Center Act; or
(4) with respect to emergency services described in
paragraph (2) of the definition of "emergency services", a
hospital.
For purposes of this definition, a single case agreement
between an emergency facility and an issuer that is used to
address unique situations in which an insured, beneficiary, or
enrollee requires services that typically occur out-of-network
constitutes a contractual relationship and is limited to the
parties to the agreement.
"Participating health care facility" means any health care
facility that has a contractual relationship directly or
indirectly with a health insurance issuer offering group or

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individual health insurance coverage setting forth the terms
and conditions on which a relevant health care service is
provided to an insured, beneficiary, or enrollee under the
coverage. A single case agreement between an emergency
facility and an issuer that is used to address unique
situations in which an insured, beneficiary, or enrollee
requires services that typically occur out-of-network
constitutes a contractual relationship for purposes of this
definition and is limited to the parties to the agreement.
"Participating provider" means any health care provider
that has a contractual relationship directly or indirectly
with a health insurance issuer offering group or individual
health insurance coverage setting forth the terms and
conditions on which a relevant health care service is provided
to an insured, beneficiary, or enrollee under the coverage.
"Qualifying payment amount" has the meaning given to that
term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations
promulgated thereunder.
"Recognized amount" means the lesser of the amount
initially billed by the provider or the qualifying payment
amount.
"Stabilize" means "stabilization" as defined in Section 10
of the Managed Care Reform and Patient Rights Act.
"Treating provider" means a health care provider who has
evaluated the individual.
"Visit" means, with respect to health care services

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furnished to an individual at a health care facility, health
care services furnished by a provider at the facility, as well
as equipment, devices, telehealth services, imaging services,
laboratory services, and preoperative and postoperative
services regardless of whether the provider furnishing such
services is at the facility.
(b) Emergency services. When a beneficiary, insured, or
enrollee receives emergency services from a nonparticipating
provider or a nonparticipating emergency facility, the health
insurance issuer shall ensure that the beneficiary, insured,
or enrollee shall incur no greater out-of-pocket costs than
the beneficiary, insured, or enrollee would have incurred with
a participating provider or a participating emergency
facility. Any cost-sharing requirements shall be applied as
though the emergency services had been received from a
participating provider or a participating facility. Cost
sharing shall be calculated based on the recognized amount for
the emergency services. If the cost sharing for the same item
or service furnished by a participating provider would have
been a flat-dollar copayment, that amount shall be the
cost-sharing amount unless the provider has billed a lesser
total amount. In no event shall the beneficiary, insured,
enrollee, or any group policyholder or plan sponsor be liable
to or billed by the health insurance issuer, the
nonparticipating provider, or the nonparticipating emergency
facility for any amount beyond the cost sharing calculated in

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accordance with this subsection with respect to the emergency
services delivered. Administrative requirements or limitations
shall be no greater than those applicable to emergency
services received from a participating provider or a
participating emergency facility.
(b-5) Non-emergency services at participating health care
facilities.
(1) When a beneficiary, insured, or enrollee utilizes
a participating health care facility and, due to any
reason, covered ancillary services are provided by a
nonparticipating provider during or resulting from the
visit, the health insurance issuer shall ensure that the
beneficiary, insured, or enrollee shall incur no greater
out-of-pocket costs than the beneficiary, insured, or
enrollee would have incurred with a participating provider
for the ancillary services. Any cost-sharing requirements
shall be applied as though the ancillary services had been
received from a participating provider. Cost sharing shall
be calculated based on the recognized amount for the
ancillary services. If the cost sharing for the same item
or service furnished by a participating provider would
have been a flat-dollar copayment, that amount shall be
the cost-sharing amount unless the provider has billed a
lesser total amount. In no event shall the beneficiary,
insured, enrollee, or any group policyholder or plan
sponsor be liable to or billed by the health insurance

HB4302 - 124 - LRB103 35621 LNS 65695 b
issuer, the nonparticipating provider, or the
participating health care facility for any amount beyond
the cost sharing calculated in accordance with this
subsection with respect to the ancillary services
delivered. In addition to ancillary services, the
requirements of this paragraph shall also apply with
respect to covered items or services furnished as a result
of unforeseen, urgent medical needs that arise at the time
an item or service is furnished, regardless of whether the
nonparticipating provider satisfied the notice and consent
criteria under paragraph (2) of this subsection.
(2) When a beneficiary, insured, or enrollee utilizes
a participating health care facility and receives
non-emergency covered health care services other than
those described in paragraph (1) of this subsection from a
nonparticipating provider during or resulting from the
visit, the health insurance issuer shall ensure that the
beneficiary, insured, or enrollee incurs no greater
out-of-pocket costs than the beneficiary, insured, or
enrollee would have incurred with a participating provider
unless the nonparticipating provider or the participating
health care facility on behalf of the nonparticipating
provider satisfies the notice and consent criteria
provided in 42 U.S.C. 300gg-132 and regulations
promulgated thereunder. If the notice and consent criteria
are not satisfied, then:

HB4302 - 125 - LRB103 35621 LNS 65695 b
(A) any cost-sharing requirements shall be applied
as though the health care services had been received
from a participating provider;
(B) cost sharing shall be calculated based on the
recognized amount for the health care services; and
(C) in no event shall the beneficiary, insured,
enrollee, or any group policyholder or plan sponsor be
liable to or billed by the health insurance issuer,
the nonparticipating provider, or the participating
health care facility for any amount beyond the cost
sharing calculated in accordance with this subsection
with respect to the health care services delivered.
(c) Notwithstanding any other provision of this Code,
except when the notice and consent criteria are satisfied for
the situation in paragraph (2) of subsection (b-5), any
benefits a beneficiary, insured, or enrollee receives for
services under the situations in subsection (b) or (b-5) are
assigned to the nonparticipating providers or the facility
acting on their behalf. Upon receipt of the provider's bill or
facility's bill, the health insurance issuer shall provide the
nonparticipating provider or the facility with a written
explanation of benefits that specifies the proposed
reimbursement and the applicable deductible, copayment, or
coinsurance amounts owed by the insured, beneficiary, or
enrollee. The health insurance issuer shall pay any
reimbursement subject to this Section directly to the

HB4302 - 126 - LRB103 35621 LNS 65695 b
nonparticipating provider or the facility.
(d) For bills assigned under subsection (c), the
nonparticipating provider or the facility may bill the health
insurance issuer for the services rendered, and the health
insurance issuer may pay the billed amount or attempt to
negotiate reimbursement with the nonparticipating provider or
the facility. Within 30 calendar days after the provider or
facility transmits the bill to the health insurance issuer,
the issuer shall send an initial payment or notice of denial of
payment with the written explanation of benefits to the
provider or facility. If attempts to negotiate reimbursement
for services provided by a nonparticipating provider do not
result in a resolution of the payment dispute within 30 days
after receipt of written explanation of benefits by the health
insurance issuer, then the health insurance issuer or
nonparticipating provider or the facility may initiate binding
arbitration to determine payment for services provided on a
per-bill or batched-bill basis, in accordance with Section
300gg-111 of the Public Health Service Act and the regulations
promulgated thereunder. The party requesting arbitration shall
notify the other party arbitration has been initiated and
state its final offer before arbitration. In response to this
notice, the nonrequesting party shall inform the requesting
party of its final offer before the arbitration occurs.
Arbitration shall be initiated by filing a request with the
Department of Insurance.

HB4302 - 127 - LRB103 35621 LNS 65695 b
(e) The Department of Insurance shall publish a list of
approved arbitrators or entities that shall provide binding
arbitration. These arbitrators shall be American Arbitration
Association or American Health Lawyers Association trained
arbitrators. Both parties must agree on an arbitrator from the
Department of Insurance's or its approved entity's list of
arbitrators. If no agreement can be reached, then a list of 5
arbitrators shall be provided by the Department of Insurance
or the approved entity. From the list of 5 arbitrators, the
health insurance issuer can veto 2 arbitrators and the
provider or facility can veto 2 arbitrators. The remaining
arbitrator shall be the chosen arbitrator. This arbitration
shall consist of a review of the written submissions by both
parties. The arbitrator shall not establish a rebuttable
presumption that the qualifying payment amount should be the
total amount owed to the provider or facility by the
combination of the issuer and the insured, beneficiary, or
enrollee. Binding arbitration shall provide for a written
decision within 45 days after the request is filed with the
Department of Insurance. Both parties shall be bound by the
arbitrator's decision. The arbitrator's expenses and fees,
together with other expenses, not including attorney's fees,
incurred in the conduct of the arbitration, shall be paid as
provided in the decision.
(f) (Blank).
(g) Section 368a of this Act shall not apply during the

HB4302 - 128 - LRB103 35621 LNS 65695 b
pendency of a decision under subsection (d). Upon the issuance
of the arbitrator's decision, Section 368a applies with
respect to the amount, if any, by which the arbitrator's
determination exceeds the issuer's initial payment under
subsection (c), or the entire amount of the arbitrator's
determination if initial payment was denied. Any interest
required to be paid to a provider under Section 368a shall not
accrue until after 30 days of an arbitrator's decision as
provided in subsection (d), but in no circumstances longer
than 150 days from the date the nonparticipating
facility-based provider billed for services rendered.
(h) Nothing in this Section shall be interpreted to change
the prudent layperson provisions with respect to emergency
services under the Managed Care Reform and Patient Rights Act.
(i) Nothing in this Section shall preclude a health care
provider from billing a beneficiary, insured, or enrollee for
reasonable administrative fees, such as service fees for
checks returned for nonsufficient funds and missed
appointments.
(j) Nothing in this Section shall preclude a beneficiary,
insured, or enrollee from assigning benefits to a
nonparticipating provider when the notice and consent criteria
are satisfied under paragraph (2) of subsection (b-5) or in
any other situation not described in subsection (b) or (b-5).
(k) Except when the notice and consent criteria are
satisfied under paragraph (2) of subsection (b-5), if an

HB4302 - 129 - LRB103 35621 LNS 65695 b
individual receives health care services under the situations
described in subsection (b) or (b-5), no referral requirement
or any other provision contained in the policy or certificate
of coverage shall deny coverage, reduce benefits, or otherwise
defeat the requirements of this Section for services that
would have been covered with a participating provider.
However, this subsection shall not be construed to preclude a
provider contract with a health insurance issuer, or with an
administrator or similar entity acting on the issuer's behalf,
from imposing requirements on the participating provider,
participating emergency facility, or participating health care
facility relating to the referral of covered individuals to
nonparticipating providers.
(l) Except if the notice and consent criteria are
satisfied under paragraph (2) of subsection (b-5),
cost-sharing amounts calculated in conformity with this
Section shall count toward any deductible or out-of-pocket
maximum applicable to in-network coverage.
(m) The Department has the authority to enforce the
requirements of this Section in the situations described in
subsections (b) and (b-5), and in any other situation for
which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and
regulations promulgated thereunder would prohibit an
individual from being billed or liable for emergency services
furnished by a nonparticipating provider or nonparticipating
emergency facility or for non-emergency health care services

HB4302 - 130 - LRB103 35621 LNS 65695 b
furnished by a nonparticipating provider at a participating
health care facility.
(n) This Section does not apply with respect to air
ambulance or ground ambulance services. This Section does not
apply to any policy of excepted benefits or to short-term,
limited-duration health insurance coverage.
(Source: P.A. 102-901, eff. 7-1-22; 102-1117, eff. 1-13-23;
103-440, eff. 1-1-24.)
(215 ILCS 5/356z.4)
Sec. 356z.4. Coverage for contraceptives.
(a)(1) The General Assembly hereby finds and declares all
of the following:
(A) Illinois has a long history of expanding timely
access to birth control to prevent unintended pregnancy.
(B) The federal Patient Protection and Affordable Care
Act includes a contraceptive coverage guarantee as part of
a broader requirement for health insurance to cover key
preventive care services without out-of-pocket costs for
patients.
(C) The General Assembly intends to build on existing
State and federal law to promote gender equity and women's
health and to ensure greater contraceptive coverage equity
and timely access to all federal Food and Drug
Administration approved methods of birth control for all
individuals covered by an individual or group health

HB4302 - 131 - LRB103 35621 LNS 65695 b
insurance policy in Illinois.
(D) Medical management techniques such as denials,
step therapy, or prior authorization in public and private
health care coverage can impede access to the most
effective contraceptive methods.
(2) As used in this subsection (a):
"Contraceptive services" includes consultations,
examinations, procedures, and medical services related to the
use of contraceptive methods (including natural family
planning) to prevent an unintended pregnancy.
"Medical necessity", for the purposes of this subsection
(a), includes, but is not limited to, considerations such as
severity of side effects, differences in permanence and
reversibility of contraceptive, and ability to adhere to the
appropriate use of the item or service, as determined by the
attending provider.
"Therapeutic equivalent version" means drugs, devices, or
products that can be expected to have the same clinical effect
and safety profile when administered to patients under the
conditions specified in the labeling and satisfy the following
general criteria:
(i) they are approved as safe and effective;
(ii) they are pharmaceutical equivalents in that they
(A) contain identical amounts of the same active drug
ingredient in the same dosage form and route of
administration and (B) meet compendial or other applicable

HB4302 - 132 - LRB103 35621 LNS 65695 b
standards of strength, quality, purity, and identity;
(iii) they are bioequivalent in that (A) they do not
present a known or potential bioequivalence problem and
they meet an acceptable in vitro standard or (B) if they do
present such a known or potential problem, they are shown
to meet an appropriate bioequivalence standard;
(iv) they are adequately labeled; and
(v) they are manufactured in compliance with Current
Good Manufacturing Practice regulations.
(3) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after the effective date of this amendatory Act of the 99th
General Assembly shall provide coverage for all of the
following services and contraceptive methods:
(A) All contraceptive drugs, devices, and other
products approved by the United States Food and Drug
Administration. This includes all over-the-counter
contraceptive drugs, devices, and products approved by the
United States Food and Drug Administration, excluding male
condoms, except as provided in the current comprehensive
guidelines supported by the Health Resources and Services
Administration. The following apply:
(i) If the United States Food and Drug
Administration has approved one or more therapeutic
equivalent versions of a contraceptive drug, device,
or product, a policy is not required to include all

HB4302 - 133 - LRB103 35621 LNS 65695 b
such therapeutic equivalent versions in its formulary,
so long as at least one is included and covered without
cost-sharing and in accordance with this Section.
(ii) If an individual's attending provider
recommends a particular service or item approved by
the United States Food and Drug Administration based
on a determination of medical necessity with respect
to that individual, the plan or issuer must cover that
service or item without cost sharing. The plan or
issuer must defer to the determination of the
attending provider.
(iii) If a drug, device, or product is not
covered, plans and issuers must have an easily
accessible, transparent, and sufficiently expedient
process that is not unduly burdensome on the
individual or a provider or other individual acting as
a patient's authorized representative to ensure
coverage without cost sharing.
(iv) This coverage must provide for the dispensing
of 12 months' worth of contraception at one time.
(B) Voluntary sterilization procedures.
(C) Contraceptive services, patient education, and
counseling on contraception.
(D) Follow-up services related to the drugs, devices,
products, and procedures covered under this Section,
including, but not limited to, management of side effects,

HB4302 - 134 - LRB103 35621 LNS 65695 b
counseling for continued adherence, and device insertion
and removal.
(4) Except as otherwise provided in this subsection (a), a
policy subject to this subsection (a) shall not impose a
deductible, coinsurance, copayment, or any other cost-sharing
requirement on the coverage provided. The provisions of this
paragraph do not apply to coverage of voluntary male
sterilization procedures to the extent such coverage would
disqualify a high-deductible health plan from eligibility for
a health savings account pursuant to the federal Internal
Revenue Code, 26 U.S.C. 223.
(5) Except as otherwise authorized under this subsection
(a), a policy shall not impose any restrictions or delays on
the coverage required under this subsection (a).
(6) If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in
the Federal Register or publishes a comment in the Federal
Register or issues an opinion, guidance, or other action that
would require the State, pursuant to any provision of the
Patient Protection and Affordable Care Act (Public Law
111-148), including, but not limited to, 42 U.S.C.
18031(d)(3)(B) or any successor provision, to defray the cost
of any coverage outlined in this subsection (a), then this
subsection (a) is inoperative with respect to all coverage
outlined in this subsection (a) other than that authorized

HB4302 - 135 - LRB103 35621 LNS 65695 b
under Section 1902 of the Social Security Act, 42 U.S.C.
1396a, and the State shall not assume any obligation for the
cost of the coverage set forth in this subsection (a).
(b) This subsection (b) shall become operative if and only
if subsection (a) becomes inoperative.
An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after the date this subsection (b) becomes operative that
provides coverage for outpatient services and outpatient
prescription drugs or devices must provide coverage for the
insured and any dependent of the insured covered by the policy
for all outpatient contraceptive services and all outpatient
contraceptive drugs and devices approved by the Food and Drug
Administration. Coverage required under this Section may not
impose any deductible, coinsurance, waiting period, or other
cost-sharing or limitation that is greater than that required
for any outpatient service or outpatient prescription drug or
device otherwise covered by the policy.
Nothing in this subsection (b) shall be construed to
require an insurance company to cover services related to
permanent sterilization that requires a surgical procedure.
As used in this subsection (b), "outpatient contraceptive
service" means consultations, examinations, procedures, and
medical services, provided on an outpatient basis and related
to the use of contraceptive methods (including natural family
planning) to prevent an unintended pregnancy.

HB4302 - 136 - LRB103 35621 LNS 65695 b
(c) Nothing in this Section shall be construed to require
an insurance company to cover services related to an abortion
as defined in Section 1-25 of the Illinois Abortion Law of
2024. (Blank).
(d) If a plan or issuer utilizes a network of providers,
nothing in this Section shall be construed to require coverage
or to prohibit the plan or issuer from imposing cost-sharing
for items or services described in this Section that are
provided or delivered by an out-of-network provider, unless
the plan or issuer does not have in its network a provider who
is able to or is willing to provide the applicable items or
services.
(Source: P.A. 103-551, eff. 8-11-23.)
Section 5-55. The Network Adequacy and Transparency Act is
amended by changing Section 10 as follows:
(215 ILCS 124/10)
Sec. 10. Network adequacy.
(a) An insurer providing a network plan shall file a
description of all of the following with the Director:
(1) The written policies and procedures for adding
providers to meet patient needs based on increases in the
number of beneficiaries, changes in the
patient-to-provider ratio, changes in medical and health
care capabilities, and increased demand for services.

HB4302 - 137 - LRB103 35621 LNS 65695 b
(2) The written policies and procedures for making
referrals within and outside the network.
(3) The written policies and procedures on how the
network plan will provide 24-hour, 7-day per week access
to network-affiliated primary care, emergency services,
and women's principal health care providers.
An insurer shall not prohibit a preferred provider from
discussing any specific or all treatment options with
beneficiaries irrespective of the insurer's position on those
treatment options or from advocating on behalf of
beneficiaries within the utilization review, grievance, or
appeals processes established by the insurer in accordance
with any rights or remedies available under applicable State
or federal law.
(b) Insurers must file for review a description of the
services to be offered through a network plan. The description
shall include all of the following:
(1) A geographic map of the area proposed to be served
by the plan by county service area and zip code, including
marked locations for preferred providers.
(2) As deemed necessary by the Department, the names,
addresses, phone numbers, and specialties of the providers
who have entered into preferred provider agreements under
the network plan.
(3) The number of beneficiaries anticipated to be
covered by the network plan.

HB4302 - 138 - LRB103 35621 LNS 65695 b
(4) An Internet website and toll-free telephone number
for beneficiaries and prospective beneficiaries to access
current and accurate lists of preferred providers,
additional information about the plan, as well as any
other information required by Department rule.
(5) A description of how health care services to be
rendered under the network plan are reasonably accessible
and available to beneficiaries. The description shall
address all of the following:
(A) the type of health care services to be
provided by the network plan;
(B) the ratio of physicians and other providers to
beneficiaries, by specialty and including primary care
physicians and facility-based physicians when
applicable under the contract, necessary to meet the
health care needs and service demands of the currently
enrolled population;
(C) the travel and distance standards for plan
beneficiaries in county service areas; and
(D) a description of how the use of telemedicine,
telehealth, or mobile care services may be used to
partially meet the network adequacy standards, if
applicable.
(6) A provision ensuring that whenever a beneficiary
has made a good faith effort, as evidenced by accessing
the provider directory, calling the network plan, and

HB4302 - 139 - LRB103 35621 LNS 65695 b
calling the provider, to utilize preferred providers for a
covered service and it is determined the insurer does not
have the appropriate preferred providers due to
insufficient number, type, or unreasonable travel distance
or delay, or preferred providers refusing to provide a
covered service because it is contrary to the conscience
of the preferred providers, as protected by the Health
Care Right of Conscience Act, the insurer shall ensure,
directly or indirectly, by terms contained in the payer
contract, that the beneficiary will be provided the
covered service at no greater cost to the beneficiary than
if the service had been provided by a preferred provider.
This paragraph (6) does not apply to: (A) a beneficiary
who willfully chooses to access a non-preferred provider
for health care services available through the panel of
preferred providers, or (B) a beneficiary enrolled in a
health maintenance organization. In these circumstances,
the contractual requirements for non-preferred provider
reimbursements shall apply unless Section 356z.3a of the
Illinois Insurance Code requires otherwise. In no event
shall a beneficiary who receives care at a participating
health care facility be required to search for
participating providers under the circumstances described
in subsection (b) or (b-5) of Section 356z.3a of the
Illinois Insurance Code except under the circumstances
described in paragraph (2) of subsection (b-5).

HB4302 - 140 - LRB103 35621 LNS 65695 b
(7) A provision that the beneficiary shall receive
emergency care coverage such that payment for this
coverage is not dependent upon whether the emergency
services are performed by a preferred or non-preferred
provider and the coverage shall be at the same benefit
level as if the service or treatment had been rendered by a
preferred provider. For purposes of this paragraph (7),
"the same benefit level" means that the beneficiary is
provided the covered service at no greater cost to the
beneficiary than if the service had been provided by a
preferred provider. This provision shall be consistent
with Section 356z.3a of the Illinois Insurance Code.
(8) A limitation that, if the plan provides that the
beneficiary will incur a penalty for failing to
pre-certify inpatient hospital treatment, the penalty may
not exceed $1,000 per occurrence in addition to the plan
cost sharing provisions.
(c) The network plan shall demonstrate to the Director a
minimum ratio of providers to plan beneficiaries as required
by the Department.
(1) The ratio of physicians or other providers to plan
beneficiaries shall be established annually by the
Department in consultation with the Department of Public
Health based upon the guidance from the federal Centers
for Medicare and Medicaid Services. The Department shall
not establish ratios for vision or dental providers who

HB4302 - 141 - LRB103 35621 LNS 65695 b
provide services under dental-specific or vision-specific
benefits. The Department shall consider establishing
ratios for the following physicians or other providers:
(A) Primary Care;
(B) Pediatrics;
(C) Cardiology;
(D) Gastroenterology;
(E) General Surgery;
(F) Neurology;
(G) OB/GYN;
(H) Oncology/Radiation;
(I) Ophthalmology;
(J) Urology;
(K) Behavioral Health;
(L) Allergy/Immunology;
(M) Chiropractic;
(N) Dermatology;
(O) Endocrinology;
(P) Ears, Nose, and Throat (ENT)/Otolaryngology;
(Q) Infectious Disease;
(R) Nephrology;
(S) Neurosurgery;
(T) Orthopedic Surgery;
(U) Physiatry/Rehabilitative;
(V) Plastic Surgery;
(W) Pulmonary;

HB4302 - 142 - LRB103 35621 LNS 65695 b
(X) Rheumatology;
(Y) Anesthesiology;
(Z) Pain Medicine;
(AA) Pediatric Specialty Services;
(BB) Outpatient Dialysis; and
(CC) HIV.
(2) The Director shall establish a process for the
review of the adequacy of these standards, along with an
assessment of additional specialties to be included in the
list under this subsection (c).
(d) The network plan shall demonstrate to the Director
maximum travel and distance standards for plan beneficiaries,
which shall be established annually by the Department in
consultation with the Department of Public Health based upon
the guidance from the federal Centers for Medicare and
Medicaid Services. These standards shall consist of the
maximum minutes or miles to be traveled by a plan beneficiary
for each county type, such as large counties, metro counties,
or rural counties as defined by Department rule.
The maximum travel time and distance standards must
include standards for each physician and other provider
category listed for which ratios have been established.
The Director shall establish a process for the review of
the adequacy of these standards along with an assessment of
additional specialties to be included in the list under this
subsection (d).

HB4302 - 143 - LRB103 35621 LNS 65695 b
(d-5)(1) Every insurer shall ensure that beneficiaries
have timely and proximate access to treatment for mental,
emotional, nervous, or substance use disorders or conditions
in accordance with the provisions of paragraph (4) of
subsection (a) of Section 370c of the Illinois Insurance Code.
Insurers shall use a comparable process, strategy, evidentiary
standard, and other factors in the development and application
of the network adequacy standards for timely and proximate
access to treatment for mental, emotional, nervous, or
substance use disorders or conditions and those for the access
to treatment for medical and surgical conditions. As such, the
network adequacy standards for timely and proximate access
shall equally be applied to treatment facilities and providers
for mental, emotional, nervous, or substance use disorders or
conditions and specialists providing medical or surgical
benefits pursuant to the parity requirements of Section 370c.1
of the Illinois Insurance Code and the federal Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction Equity
Act of 2008. Notwithstanding the foregoing, the network
adequacy standards for timely and proximate access to
treatment for mental, emotional, nervous, or substance use
disorders or conditions shall, at a minimum, satisfy the
following requirements:
(A) For beneficiaries residing in the metropolitan
counties of Cook, DuPage, Kane, Lake, McHenry, and Will,
network adequacy standards for timely and proximate access

HB4302 - 144 - LRB103 35621 LNS 65695 b
to treatment for mental, emotional, nervous, or substance
use disorders or conditions means a beneficiary shall not
have to travel longer than 30 minutes or 30 miles from the
beneficiary's residence to receive outpatient treatment
for mental, emotional, nervous, or substance use disorders
or conditions. Beneficiaries shall not be required to wait
longer than 10 business days between requesting an initial
appointment and being seen by the facility or provider of
mental, emotional, nervous, or substance use disorders or
conditions for outpatient treatment or to wait longer than
20 business days between requesting a repeat or follow-up
appointment and being seen by the facility or provider of
mental, emotional, nervous, or substance use disorders or
conditions for outpatient treatment; however, subject to
the protections of paragraph (3) of this subsection, a
network plan shall not be held responsible if the
beneficiary or provider voluntarily chooses to schedule an
appointment outside of these required time frames.
(B) For beneficiaries residing in Illinois counties
other than those counties listed in subparagraph (A) of
this paragraph, network adequacy standards for timely and
proximate access to treatment for mental, emotional,
nervous, or substance use disorders or conditions means a
beneficiary shall not have to travel longer than 60
minutes or 60 miles from the beneficiary's residence to
receive outpatient treatment for mental, emotional,

HB4302 - 145 - LRB103 35621 LNS 65695 b
nervous, or substance use disorders or conditions.
Beneficiaries shall not be required to wait longer than 10
business days between requesting an initial appointment
and being seen by the facility or provider of mental,
emotional, nervous, or substance use disorders or
conditions for outpatient treatment or to wait longer than
20 business days between requesting a repeat or follow-up
appointment and being seen by the facility or provider of
mental, emotional, nervous, or substance use disorders or
conditions for outpatient treatment; however, subject to
the protections of paragraph (3) of this subsection, a
network plan shall not be held responsible if the
beneficiary or provider voluntarily chooses to schedule an
appointment outside of these required time frames.
(2) For beneficiaries residing in all Illinois counties,
network adequacy standards for timely and proximate access to
treatment for mental, emotional, nervous, or substance use
disorders or conditions means a beneficiary shall not have to
travel longer than 60 minutes or 60 miles from the
beneficiary's residence to receive inpatient or residential
treatment for mental, emotional, nervous, or substance use
disorders or conditions.
(3) If there is no in-network facility or provider
available for a beneficiary to receive timely and proximate
access to treatment for mental, emotional, nervous, or
substance use disorders or conditions in accordance with the

HB4302 - 146 - LRB103 35621 LNS 65695 b
network adequacy standards outlined in this subsection, the
insurer shall provide necessary exceptions to its network to
ensure admission and treatment with a provider or at a
treatment facility in accordance with the network adequacy
standards in this subsection.
(e) Except for network plans solely offered as a group
health plan, these ratio and time and distance standards apply
to the lowest cost-sharing tier of any tiered network.
(f) The network plan may consider use of other health care
service delivery options, such as telemedicine or telehealth,
mobile clinics, and centers of excellence, or other ways of
delivering care to partially meet the requirements set under
this Section.
(g) Except for the requirements set forth in subsection
(d-5), insurers who are not able to comply with the provider
ratios and time and distance standards established by the
Department may request an exception to these requirements from
the Department. The Department may grant an exception in the
following circumstances:
(1) if no providers or facilities meet the specific
time and distance standard in a specific service area and
the insurer (i) discloses information on the distance and
travel time points that beneficiaries would have to travel
beyond the required criterion to reach the next closest
contracted provider outside of the service area and (ii)
provides contact information, including names, addresses,

HB4302 - 147 - LRB103 35621 LNS 65695 b
and phone numbers for the next closest contracted provider
or facility;
(2) if patterns of care in the service area do not
support the need for the requested number of provider or
facility type and the insurer provides data on local
patterns of care, such as claims data, referral patterns,
or local provider interviews, indicating where the
beneficiaries currently seek this type of care or where
the physicians currently refer beneficiaries, or both; or
(3) other circumstances deemed appropriate by the
Department consistent with the requirements of this Act.
(h) Insurers are required to report to the Director any
material change to an approved network plan within 15 days
after the change occurs and any change that would result in
failure to meet the requirements of this Act. Upon notice from
the insurer, the Director shall reevaluate the network plan's
compliance with the network adequacy and transparency
standards of this Act.
(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
102-1117, eff. 1-13-23.)
Section 5-60. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.

HB4302 - 148 - LRB103 35621 LNS 65695 b
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 140,
141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v,
356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22,
356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30,
356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35,
356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44,
356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51,
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59,
356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68,
364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,
XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
Insurance Code.
(b) For purposes of the Illinois Insurance Code, except
for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
Health Maintenance Organizations in the following categories
are deemed to be "domestic companies":
(1) a corporation authorized under the Dental Service
Plan Act or the Voluntary Health Services Plans Act;

HB4302 - 149 - LRB103 35621 LNS 65695 b
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article VIII
1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to
the continuation of benefits to enrollees and the
financial conditions of the acquired Health Maintenance
Organization after the merger, consolidation, or other
acquisition of control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the

HB4302 - 150 - LRB103 35621 LNS 65695 b
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and
the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as of
a date 90 days prior to the acquisition, as well as pro
forma financial statements reflecting projected
combined operation for a period of 2 years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the operation
of the Health Maintenance Organization sought to be
acquired for a period of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including, without limitation, the health
maintenance organization's right, title, and interest in and
to its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code,
take into account the effect of the management contract or

HB4302 - 151 - LRB103 35621 LNS 65695 b
service agreement on the continuation of benefits to enrollees
and the financial condition of the health maintenance
organization to be managed or serviced, and (ii) need not take
into account the effect of the management contract or service
agreement on competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a
Health Maintenance Organization may by contract agree with a
group or other enrollment unit to effect refunds or charge
additional premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth
in the group or enrollment unit contract agreed in advance
of the period for which a refund is to be paid or
additional premium is to be charged (which period shall
not be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and

HB4302 - 152 - LRB103 35621 LNS 65695 b
marketing expenses, but shall not include any refund to be
made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the profitable
or unprofitable experience may be calculated taking into
account the refund period and the immediately preceding 2
plan years.
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and
the resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(g) Rulemaking authority to implement Public Act 95-1045,
if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative

HB4302 - 153 - LRB103 35621 LNS 65695 b
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
Section 5-65. The Limited Health Service Organization Act
is amended by changing Section 4003 as follows:
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the
provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 355.2,
355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21,
356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32,
356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

HB4302 - 154 - LRB103 35621 LNS 65695 b
356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 364.3,
368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII
1/2, XXV, and XXVI of the Illinois Insurance Code. Nothing in
this Section shall require a limited health care plan to cover
any service that is not a limited health service. For purposes
of the Illinois Insurance Code, except for Sections 444 and
444.1 and Articles XIII and XIII 1/2, limited health service
organizations in the following categories are deemed to be
domestic companies:
(1) a corporation under the laws of this State; or
(2) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a domestic company under Article VIII
1/2 of the Illinois Insurance Code.
(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.
1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,
eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
eff. 1-1-24; revised 8-29-23.)
Section 5-70. The Voluntary Health Services Plans Act is

HB4302 - 155 - LRB103 35621 LNS 65695 b
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402,
403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
Section 367 of the Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.

HB4302 - 156 - LRB103 35621 LNS 65695 b
10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,
eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
103-551, eff. 8-11-23; revised 8-29-23.)
Section 5-75. The Behavior Analyst Licensing Act is
amended by changing Section 60 as follows:
(225 ILCS 6/60)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or nondisciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(1) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(2) violations or negligent or intentional disregard
of this Act or its rules;

HB4302 - 157 - LRB103 35621 LNS 65695 b
(3) conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of behavior analysis;
(4) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act;
(5) professional incompetence;
(6) gross negligence in practice under this Act;
(7) aiding or assisting another person in violating
any provision of this Act or its rules;
(8) failing to provide information within 60 days in
response to a written request made by the Department;
(9) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by the rules of the
Department or violating the rules of professional conduct
adopted by the Department;
(10) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of

HB4302 - 158 - LRB103 35621 LNS 65695 b
any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(11) adverse action taken by another state or
jurisdiction if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(12) directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered; nothing in this paragraph affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law; any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act; nothing in this paragraph shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(13) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with those terms;
(14) abandonment, without cause, of a client;

HB4302 - 159 - LRB103 35621 LNS 65695 b
(15) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments;
(16) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(17) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(18) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(19) solicitation of professional services by using
false or misleading advertising;
(20) violation of the Health Care Worker Self-Referral
Act;
(21) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and

HB4302 - 160 - LRB103 35621 LNS 65695 b
required by the Adult Protective Services Act; or
(22) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code shall result in an automatic suspension of the licensee's
license. The suspension shall end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient, and upon the recommendation of
the Board to the Secretary that the licensee be allowed to
resume professional practice.
(c) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a tax
return, pay the tax, penalty, or interest shown in a filed tax
return, or pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied or (ii) has failed to pay any court-ordered
child support as determined by a court order or by referral
from the Department of Healthcare and Family Services.

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(c-1) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act based solely upon the
licensed behavior analyst recommending, aiding, assisting,
referring for, or participating in any health care service, so
long as the care was not unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
(c-2) The Department shall not revoke, suspend, place on
prohibition, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice as a
licensed behavior analyst based upon the licensed behavior
analyst's license being revoked or suspended, or the licensed
behavior analyst being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the licensed behavior analyst
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for a licensed behavior analyst
practicing in Illinois.
(c-3) The conduct specified in subsections (c-1) and (c-2)

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shall not constitute grounds for suspension under Section 125.
(c-4) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed behavior analyst based solely upon the
license of a licensed behavior analyst being revoked or the
licensed behavior analyst being otherwise disciplined by any
other state or territory other than Illinois for the referral
for or having otherwise participated in any health care
service, if the revocation or disciplinary action was based
solely on a violation of the other state's law prohibiting
such health care services in the state, for a resident of the
state, or in any other state.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel a person licensed
to practice under this Act, or who has applied for licensure
under this Act, to submit to a mental or physical examination,
or both, which may include a substance abuse or sexual
offender evaluation, as required by and at the expense of the
Department.
(1) The Department shall specifically designate the
examining physician licensed to practice medicine in all
of its branches or, if applicable, the multidisciplinary
team involved in providing the mental or physical
examination or both. The multidisciplinary team shall be

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led by a physician licensed to practice medicine in all of
its branches and may consist of one or more or a
combination of physicians licensed to practice medicine in
all of its branches, licensed clinical psychologists,
licensed clinical professional counselors, and other
professional and administrative staff. Any examining
physician or member of the multidisciplinary team may
require any person ordered to submit to an examination
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not
limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
(2) The Department may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning this mental or physical examination
of the licensee or applicant. No information, report,
record, or other documents in any way related to the
examination shall be excluded by reason of any common law
or statutory privilege relating to communications between
the licensee or applicant and the examining physician or
any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to
undergo an examination for the examining physician or any
member of the multidisciplinary team to provide
information, reports, records, or other documents or to

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provide any testimony regarding the examination and
evaluation.
(3) The person to be examined may have, at the
person's own expense, another physician of the person's
choice present during all aspects of the examination.
However, that physician shall be present only to observe
and may not interfere in any way with the examination.
(4) The failure of any person to submit to a mental or
physical examination without reasonable cause, when
ordered, shall result in an automatic suspension of the
person's license until the person submits to the
examination.
(e) If the Department finds a person unable to practice
because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to the terms,
conditions, or restrictions, and who fails to comply with the
terms, conditions, or restrictions, shall be referred to the

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Secretary for a determination as to whether the person shall
have the person's license suspended immediately, pending a
hearing by the Department.
(f) All fines imposed shall be paid within 60 days after
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
If the Secretary immediately suspends a person's license
under this subsection, a hearing on that person's license must
be convened by the Department within 30 days after the
suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject person's record of treatment and counseling regarding
the impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that the person can resume practice in
compliance with acceptable and prevailing standards under the
provisions of the person's license.
(g) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-953, eff. 5-27-22; 102-1117, eff. 1-13-23.)

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Section 5-80. The Clinical Psychologist Licensing Act is
amended by changing Section 15 as follows:
(225 ILCS 15/15) (from Ch. 111, par. 5365)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Disciplinary action; grounds.
(a) The Department may refuse to issue, refuse to renew,
suspend, or revoke any license, or may place on probation,
reprimand, or take other disciplinary or non-disciplinary
action deemed appropriate by the Department, including the
imposition of fines not to exceed $10,000 for each violation,
with regard to any license issued under the provisions of this
Act for any one or a combination of the following reasons:
(1) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof or
that is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(2) Gross negligence in the rendering of clinical
psychological services.
(3) Using fraud or making any misrepresentation in
applying for a license or in passing the examination
provided for in this Act.
(4) Aiding or abetting or conspiring to aid or abet a
person, not a clinical psychologist licensed under this

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Act, in representing himself or herself as so licensed or
in applying for a license under this Act.
(5) Violation of any provision of this Act or the
rules promulgated thereunder.
(6) Professional connection or association with any
person, firm, association, partnership, or corporation
holding himself, herself, themselves, or itself out in any
manner contrary to this Act.
(7) Unethical, unauthorized or unprofessional conduct
as defined by rule. In establishing those rules, the
Department shall consider, though is not bound by, the
ethical standards for psychologists promulgated by
recognized national psychology associations.
(8) Aiding or assisting another person in violating
any provisions of this Act or the rules promulgated
thereunder.
(9) Failing to provide, within 60 days, information in
response to a written request made by the Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a clinical psychologist's
inability to practice with reasonable judgment, skill or
safety.
(11) Discipline by another state, territory, the
District of Columbia, or foreign country, if at least one
of the grounds for the discipline is the same or

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substantially equivalent to those set forth herein.
(12) Directly or indirectly giving or receiving from
any person, firm, corporation, association, or partnership
any fee, commission, rebate, or other form of compensation
for any professional service not actually or personally
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding that the licensee, after having his or
her license placed on probationary status, has violated
the terms of probation.
(14) Willfully making or filing false records or
reports, including, but not limited to, false records or
reports filed with State agencies or departments.
(15) Physical illness, including, but not limited to,
deterioration through the aging process, mental illness,
or disability that results in the inability to practice
the profession with reasonable judgment, skill, and

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safety.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Violation of the Health Care Worker Self-Referral
Act.
(19) Making a material misstatement in furnishing
information to the Department, any other State or federal
agency, or any other entity.
(20) Failing to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to an act or conduct similar to an act or
conduct that would constitute grounds for action as set
forth in this Section.
(21) Failing to report to the Department any adverse
final action taken against a licensee or applicant by
another licensing jurisdiction, including any other state
or territory of the United States or any foreign state or
country, or any peer review body, health care institution,

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professional society, or association related to the
profession, governmental agency, law enforcement agency,
or court for an act or conduct similar to an act or conduct
that would constitute grounds for disciplinary action as
set forth in this Section.
(22) Prescribing, selling, administering,
distributing, giving, or self-administering (A) any drug
classified as a controlled substance (designated product)
for other than medically accepted therapeutic purposes or
(B) any narcotic drug.
(23) Violating State state or federal laws or
regulations relating to controlled substances, legend
drugs, or ephedra as defined in the Ephedra Prohibition
Act.
(24) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or established under a
written collaborative agreement.
The entry of an order by any circuit court establishing
that any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no longer
subject to involuntary admission or judicial admission and the

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issuance of an order so finding and discharging the patient
and upon the Board's recommendation to the Department that the
license be restored. Where the circumstances so indicate, the
Board may recommend to the Department that it require an
examination prior to restoring any license so automatically
suspended.
The Department shall refuse to issue or suspend the
license of any person who fails to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of the tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel any person licensed
to practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or
clinical psychologists shall be those specifically designated
by the Department. The Board or the Department may order the
examining physician or clinical psychologist to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the

HB4302 - 172 - LRB103 35621 LNS 65695 b
examining physician or clinical psychologist. The person to be
examined may have, at his or her own expense, another
physician or clinical psychologist of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Department or
Board finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling or treatment by physicians or clinical
psychologists approved or designated by the Department, as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care, counseling
or treatment, the Board may recommend to the Department to
file or the Department may file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the
person. Any person whose license was granted, continued,
reinstated, renewed, disciplined or supervised subject to such
terms, conditions, or restrictions, and who fails to comply
with such terms, conditions or restrictions, shall be referred
to the Secretary for a determination as to whether the person
shall have his or her license suspended immediately, pending a
hearing by the Board.

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In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Board within 15 days
after the suspension and completed without appreciable delay.
The Board shall have the authority to review the subject
person's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Board that he or she can resume practice in compliance with
acceptable and prevailing standards under the provisions of
his or her license.
(b) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act based solely upon the
licensed clinical psychologist recommending, aiding,
assisting, referring for, or participating in any health care
service, so long as the care was not unlawful under the laws of
this State, regardless of whether the patient was a resident
of this State or another state.
(c) The Department shall not revoke, suspend, place on
prohibition, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the

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license or permit issued under this Act to practice as a
licensed clinical psychologist based upon the licensed
clinical psychologist's license being revoked or suspended, or
the licensed clinical psychologist being otherwise disciplined
by any other state, if that revocation, suspension, or other
form of discipline was based solely on the licensed clinical
psychologist violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the standards of conduct for a licensed
clinical psychologist practicing in Illinois.
(d) The conduct specified in subsections (b) and (c) shall
not constitute grounds for suspension under Section 21.6.
(e) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical psychologist based solely upon
the license of a licensed clinical psychologist being revoked
or the licensed clinical psychologist being otherwise
disciplined by any other state or territory other than
Illinois for the referral for or having otherwise participated
in any health care service, if the revocation or disciplinary
action was based solely on a violation of the other state's law

HB4302 - 175 - LRB103 35621 LNS 65695 b
prohibiting such health care services in the state, for a
resident of the state, or in any other state.
(f) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-85. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 19 as follows:
(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or non-disciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(a) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;

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(c) conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the clinical social work or social work
professions;
(d) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act;
(e) professional incompetence;
(f) gross negligence in practice under this Act;
(g) aiding or assisting another person in violating
any provision of this Act or its rules;
(h) failing to provide information within 60 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department;
(j) habitual or excessive use or abuse of drugs

HB4302 - 177 - LRB103 35621 LNS 65695 b
defined in law as controlled substances, of alcohol, or of
any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(k) adverse action taken by another state or
jurisdiction, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(l) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (l) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (l) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(m) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with such terms;

HB4302 - 178 - LRB103 35621 LNS 65695 b
(n) abandonment, without cause, of a client;
(o) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with Federal or State
agencies or departments;
(p) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(q) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(r) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(s) solicitation of professional services by using
false or misleading advertising;
(t) violation of the Health Care Worker Self-Referral
Act;
(u) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or

HB4302 - 179 - LRB103 35621 LNS 65695 b
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act; or
(v) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(2) (Blank).
(3) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, will result in an automatic suspension of his license.
Such suspension will end upon a finding by a court that the
licensee is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient, and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
professional practice.
(4) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a return,
pay the tax, penalty, or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied
or (ii) has failed to pay any court-ordered child support as

HB4302 - 180 - LRB103 35621 LNS 65695 b
determined by a court order or by referral from the Department
of Healthcare and Family Services.
(4.5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a license or permit issued under this Act based
solely upon the licensed clinical social worker authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(4.10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical social worker based upon the
licensed clinical social worker's license being revoked or
suspended, or the licensed clinical social worker being
otherwise disciplined by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the licensed clinical social worker violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the

HB4302 - 181 - LRB103 35621 LNS 65695 b
laws of this State and is consistent with the standards of
conduct for a licensed clinical social worker practicing in
Illinois.
(4.15) The conduct specified in subsections (4.5) and
(4.10) shall not constitute grounds for suspension under
Section 32.
(4.20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(5)(a) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.

HB4302 - 182 - LRB103 35621 LNS 65695 b
(b) The Department shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination or
both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
(c) The Board or the Department may order the examining
physician or any member of the multidisciplinary team to
present testimony concerning this mental or physical
examination of the licensee or applicant. No information,
report, record, or other documents in any way related to the
examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or any
member of the multidisciplinary team. No authorization is

HB4302 - 183 - LRB103 35621 LNS 65695 b
necessary from the licensee or applicant ordered to undergo an
examination for the examining physician or any member of the
multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation.
(d) The person to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of the examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
(e) Failure of any person to submit to a mental or physical
examination without reasonable cause, when ordered, shall
result in an automatic suspension of his or her license until
the person submits to the examination.
(f) If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,

HB4302 - 184 - LRB103 35621 LNS 65695 b
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Department.
(g) All fines imposed shall be paid within 60 days after
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject person's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(h) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.

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(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-90. The Marriage and Family Therapy Licensing
Act is amended by changing Section 85 as follows:
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew a license,
or may revoke, suspend, reprimand, place on probation, or take
any other disciplinary or non-disciplinary action as the
Department may deem proper, including the imposition of fines
not to exceed $10,000 for each violation, with regard to any
license issued under the provisions of this Act for any one or
combination of the following grounds:
(1) Material misstatement in furnishing information to
the Department.
(2) Violation of any provision of this Act or its
rules.
(3) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element

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of which is dishonesty or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act or its rules.
(5) Professional incompetence.
(6) Gross negligence in practice under this Act.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(11) Discipline by another jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or

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association any fee, commission, rebate, or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph (12)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (12) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with the terms.
(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with State agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.

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(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(21) Practicing under a false or assumed name, except
as provided by law.
(22) Gross, willful, and continued overcharging for
professional services, including filing false statements
for collection of fees or moneys for which services are
not rendered.
(23) Failure to establish and maintain records of
patient care and treatment as required by law.
(24) Cheating on or attempting to subvert the

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licensing examinations administered under this Act.
(25) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(26) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(b) (Blank).
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed marriage and family therapist or an
associate licensed marriage and family therapist.
(d) The Department shall refuse to issue or may suspend
the license of any person who fails to file a return, pay the
tax, penalty, or interest shown in a filed return or pay any

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final assessment of tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are
satisfied.
(d-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based solely upon the
marriage and family therapist or associate licensed marriage
and family therapist authorizing, recommending, aiding,
assisting, referring for, or otherwise participating in any
health care service, so long as the care was not Unlawful under
the laws of this State, regardless of whether the patient was a
resident of this State or another state.
(d-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based upon the marriage
and family therapist's or associate licensed marriage and
family therapist's license being revoked or suspended, or the
marriage and family therapist or associate licensed marriage
and family therapist being otherwise disciplined by any other

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state, if that revocation, suspension, or other form of
discipline was based solely on the marriage and family
therapist or associate licensed marriage and family therapist
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for a marriage and family therapist
or an associate licensed marriage and family therapist
practicing in Illinois.
(d-15) The conduct specified in subsections (d-5) or
(d-10) shall not constitute grounds for suspension under
Section 145.
(d-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,

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or authorization to practice a profession under this Act.
(e) In enforcing this Section, the Department or Board
upon a showing of a possible violation may compel an
individual licensed to practice under this Act, or who has
applied for licensure under this Act, to submit to a mental or
physical examination, or both, which may include a substance
abuse or sexual offender evaluation, as required by and at the
expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, licensed marriage and family
therapists, and other professional and administrative staff.
Any examining physician or member of the multidisciplinary
team may require any person ordered to submit to an
examination and evaluation pursuant to this Section to submit
to any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.

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The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department or Board may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information, report, record, or
other documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic

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suspension of his or her license until the individual submits
to the examination.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the individual.
An individual whose license was granted, continued,
reinstated, renewed, disciplined, or supervised subject to
such terms, conditions, or restrictions, and who fails to
comply with such terms, conditions, or restrictions, shall be
referred to the Secretary for a determination as to whether
the individual shall have his or her license suspended
immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by

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applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(f) A fine shall be paid within 60 days after the effective
date of the order imposing the fine or in accordance with the
terms set forth in the order imposing the fine.
(g) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-95. The Medical Practice Act of 1987 is amended
by changing Sections 2, 22, 23, 36, and 49.5 as follows:
(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Act" means the Medical Practice Act of 1987.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application

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file or license file as maintained by the Department's
licensure maintenance unit.
"Chiropractic physician" means a person licensed to treat
human ailments without the use of drugs and without operative
surgery. Nothing in this Act shall be construed to prohibit a
chiropractic physician from providing advice regarding the use
of non-prescription products or from administering atmospheric
oxygen. Nothing in this Act shall be construed to authorize a
chiropractic physician to prescribe drugs.
"Department" means the Department of Financial and
Professional Regulation.
"Disciplinary action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines, or any other action taken by the
Department against a person holding a license.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Final determination" means the governing body's final
action taken under the procedure followed by a health care
institution, or professional association or society, against
any person licensed under the Act in accordance with the
bylaws or rules and regulations of such health care
institution, or professional association or society.
"Fund" means the Illinois State Medical Disciplinary Fund.

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"Impaired" means the inability to practice medicine with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or
written consent based on clinical evidence, including
deterioration through the aging process or loss of motor
skill, or abuse of drugs or alcohol, of sufficient degree to
diminish a person's ability to deliver competent patient care.
"International medical graduate" means a medical graduate
(i) who has been trained in a country other than the United
States; (ii) whose education has been certified by the
Educational Commission for Foreign Medical Graduates; (iii)
who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of
the United States Medical Licensing Examination as required by
this Act; (iv) who maintains an unencumbered license from
another country; and (v) who is not licensed to practice
medicine in any state or territory of the United States.
"Medical Board" means the Illinois State Medical Board.
"Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician.
"Professional association" means an association or society
of persons licensed under this Act, and operating within the
State of Illinois, including, but not limited to, medical
societies, osteopathic organizations, and chiropractic
organizations, but this term shall not be deemed to include
hospital medical staffs.

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"Program of care, counseling, or treatment" means a
written schedule of organized treatment, care, counseling,
activities, or education, satisfactory to the Medical Board,
designed for the purpose of restoring an impaired person to a
condition whereby the impaired person can practice medicine
with reasonable skill and safety of a sufficient degree to
deliver competent patient care.
"Reinstate" means to change the status of a license or
permit from inactive or nonrenewed status to active status.
"Restore" means to remove an encumbrance from a license
due to probation, suspension, or revocation.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23;
103-1, eff. 4-27-23.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:

HB4302 - 199 - LRB103 35621 LNS 65695 b
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than: (Blank).
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and
enforce standards for the ambulatory surgical
treatment centers, hospitalization, or care facilities
under its management and control;
(d) ambulatory surgical treatment centers,
hospitalization, or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization, or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a willful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed. (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,

HB4302 - 200 - LRB103 35621 LNS 65695 b
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances which results in the inability to
practice with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.

HB4302 - 201 - LRB103 35621 LNS 65695 b
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine, or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug

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classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording of, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an

HB4302 - 203 - LRB103 35621 LNS 65695 b
instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents, or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not
rendered, including, but not limited to, filing such false
statements for collection of monies for services not
rendered from the medical assistance program of the
Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.

HB4302 - 204 - LRB103 35621 LNS 65695 b
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating State or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any
peer review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct

HB4302 - 205 - LRB103 35621 LNS 65695 b
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of
a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or
conduct which would constitute grounds for action as
defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, or its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.

HB4302 - 206 - LRB103 35621 LNS 65695 b
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of
2024. (Blank).
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing

HB4302 - 207 - LRB103 35621 LNS 65695 b
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt
by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or
cause of action in favor of the claimant or the reduction to

HB4302 - 208 - LRB103 35621 LNS 65695 b
final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the person be
permitted to resume his or her practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the

HB4302 - 209 - LRB103 35621 LNS 65695 b
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the Medical
Board, shall adopt rules which set forth standards to be used
in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of
an act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Board, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or holds a permit to
practice under this Act, or any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a
mental or physical examination and evaluation, or both, which

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may include a substance abuse or sexual offender evaluation,
as required by the Medical Board and at the expense of the
Department. The Medical Board shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Board or the Department may order the

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examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Medical Board finds a physician unable
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Board shall
require such physician to submit to care, counseling, or

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treatment by physicians, or other health care professionals,
approved or designated by the Medical Board, as a condition
for issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Section 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined, or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Medical Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the

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provisions of his or her license.
The Medical Board, in determining mental capacity of an
individual licensed under this Act, shall consider the latest
recommendations of the Federation of State Medical Boards.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this
subsection B shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without

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operative surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device; or
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics. ;
(3) based solely upon the physician providing,
authorizing, recommending, aiding, assisting, referring
for, or otherwise participating in any health care
service, so long as the care was not unlawful under the
laws of this State, regardless of whether the patient was
a resident of this State or another state; or
(4) based upon the physician's license being revoked
or suspended, or the physician being otherwise disciplined
by any other state, if that revocation, suspension, or
other form of discipline was based solely on the physician
violating another state's laws prohibiting the provision
of, authorization of, recommendation of, aiding or

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assisting in, referring for, or participation in any
health care service if that health care service as
provided would not have been unlawful under the laws of
this State and is consistent with the standards of conduct
for the physician if it occurred in Illinois.
(D) The Medical Board shall recommend to the Department
civil penalties and any other appropriate discipline in
disciplinary cases when the Medical Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice
as required under the Parental Notice of Abortion Act of 2024.
Upon the Medical Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000 and
for a second or subsequent violation, a civil penalty of
$5,000. (Blank).
(E) The conduct specified in subsection (C) shall not
trigger reporting requirements under Section 23, constitute
grounds for suspension under Section 25, or be included on the
physician's profile required under Section 10 of the Patients'
Right to Know Act.
(F) An applicant seeking licensure, certification, or
authorization pursuant to this Act and who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,

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assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that the
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of the
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(G) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
1-1-24.)
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall
report to the Medical Board when any person's clinical
privileges are terminated or are restricted based on a

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final determination made in accordance with that
institution's by-laws or rules and regulations that a
person has either committed an act or acts which may
directly threaten patient care or that a person may have a
mental or physical disability that may endanger patients
under that person's care. Such officer also shall report
if a person accepts voluntary termination or restriction
of clinical privileges in lieu of formal action based upon
conduct related directly to patient care or in lieu of
formal action seeking to determine whether a person may
have a mental or physical disability that may endanger
patients under that person's care. The Medical Board
shall, by rule, provide for the reporting to it by health
care institutions of all instances in which a person,
licensed under this Act, who is impaired by reason of age,
drug or alcohol abuse, or physical or mental impairment,
is under supervision and, where appropriate, is in a
program of rehabilitation. Such reports shall be strictly
confidential and may be reviewed and considered only by
the members of the Medical Board, or by authorized staff
as provided by rules of the Medical Board. Provisions
shall be made for the periodic report of the status of any
such person not less than twice annually in order that the
Medical Board shall have current information upon which to
determine the status of any such person. Such initial and
periodic reports of impaired physicians shall not be

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considered records within the meaning of the State Records
Act and shall be disposed of, following a determination by
the Medical Board that such reports are no longer
required, in a manner and at such time as the Medical Board
shall determine by rule. The filing of such reports shall
be construed as the filing of a report for purposes of
subsection (C) of this Section. Such health care
institution shall not take any adverse action, including,
but not limited to, restricting or terminating any
person's clinical privileges, as a result of an adverse
action against a person's license or clinical privileges
or other disciplinary action by another state or health
care institution that resulted from the person's provision
of, authorization of, recommendation of, aiding or
assistance with, referral for, or participation in any
health care service if the adverse action was based solely
on a violation of the other state's law prohibiting the
provision of such health care and related services in the
state or for a resident of the state if that health care
service would not have been unlawful under the laws of
this State and is consistent with the standards of conduct
for physicians practicing in Illinois.
(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Medical Board if a person engaged in a
post-graduate clinical training program at the

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institution, including, but not limited to, a residency or
fellowship, separates from the program for any reason
prior to its conclusion. The program director shall
provide all documentation relating to the separation if,
after review of the report, the Medical Board determines
that a review of those documents is necessary to determine
whether a violation of this Act occurred.
(2) Professional associations. The President or chief
executive officer of any association or society, of
persons licensed under this Act, operating within this
State shall report to the Medical Board when the
association or society renders a final determination that
a person has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Medical Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff. Such insurance

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company shall not take any adverse action, including, but
not limited to, denial or revocation of coverage, or rate
increases, against a person licensed under this Act with
respect to coverage for services provided in the State if
based solely on the person providing, authorizing,
recommending, aiding, assisting, referring for, or
otherwise participating in health care services in this
State in violation of another state's law, or a revocation
or other adverse action against the person's license in
another state for violation of such law if that health
care service as provided would have been lawful and
consistent with the standards of conduct for physicians if
it occurred in the State. Notwithstanding this provision,
it is against public policy to require coverage for an
illegal action.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Medical Board, within 5 days,
any instances in which a person licensed under this Act is
convicted of any felony or Class A misdemeanor. The
State's Attorney of each county may report to the Medical
Board through a verified complaint any instance in which
the State's Attorney believes that a physician has
willfully violated the notice requirements of the Parental
Notice of Abortion Act of 2024.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government

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of the State of Illinois shall report to the Medical Board
any instance arising in connection with the operations of
such agency, including the administration of any law by
such agency, in which a person licensed under this Act has
either committed an act or acts which may be a violation of
this Act or which may constitute unprofessional conduct
related directly to patient care or which indicates that a
person licensed under this Act may have a mental or
physical disability that may endanger patients under that
person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Medical Board in a timely
fashion. Unless otherwise provided in this Section, the
reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other health care healthcare facility where

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the care at issue in the report was rendered, provided,
however, no medical records may be revealed.
(4) A brief description of the facts which gave rise
to the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the
report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
The Medical Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Medical
Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to, in any
way, waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any

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information reported or disclosed shall be kept for the
confidential use of the Medical Board, the Medical
Coordinators, the Medical Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or to a health
care licensing body or medical licensing authority of this
State or another state or jurisdiction pursuant to an official
request made by that licensing body or medical licensing
authority. Furthermore, information and documents disclosed to
a federal, State, or local law enforcement agency may be used
by that agency only for the investigation and prosecution of a
criminal offense, or, in the case of disclosure to a health
care licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard
to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department
only for investigation and disciplinary action regarding the
license of a health care institution licensed by the
Department of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and

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wanton manner, in complying with this Act by providing any
report or other information to the Medical Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting
to the Medical Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Medical Board or a peer review committee, or by serving as a
member of the Medical Board or a peer review committee, shall
not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Indemnification. Members of the Medical Board, the
Medical Coordinators, the Medical Board's attorneys, the
medical investigative staff, physicians retained under
contract to assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Medical Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either
that there would be a conflict of interest in such
representation or that the actions complained of were not in
good faith or were wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after

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approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Medical Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Medical Board. Upon the receipt of
any report called for by this Act, other than those reports of
impaired persons licensed under this Act required pursuant to
the rules of the Medical Board, the Medical Board shall notify
in writing, by mail or email, the person who is the subject of
the report. Such notification shall be made within 30 days of
receipt by the Medical Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the

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subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the Medical
Board no more than 30 days after the date on which the person
was notified by the Medical Board of the existence of the
original report.
The Medical Board shall review all reports received by it,
together with any supporting information and responding
statements submitted by persons who are the subject of
reports. The review by the Medical Board shall be in a timely
manner but in no event, shall the Medical Board's initial
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of
the initial report by the Medical Board.
When the Medical Board makes its initial review of the
materials contained within its disciplinary files, the Medical
Board shall, in writing, make a determination as to whether
there are sufficient facts to warrant further investigation or
action. Failure to make such determination within the time
provided shall be deemed to be a determination that there are
not sufficient facts to warrant further investigation or
action.
Should the Medical Board find that there are not
sufficient facts to warrant further investigation, or action,
the report shall be accepted for filing and the matter shall be

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deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Board's decision
or request further investigation. The Secretary shall inform
the Medical Board of the decision to request further
investigation, including the specific reasons for the
decision. The individual or entity filing the original report
or complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Secretary of any
final action on their report or complaint. The Department
shall disclose to the individual or entity who filed the
original report or complaint, on request, the status of the
Medical Board's review of a specific report or complaint. Such
request may be made at any time, including prior to the Medical
Board's determination as to whether there are sufficient facts
to warrant further investigation or action.
(F) Summary reports. The Medical Board shall prepare, on a
timely basis, but in no event less than once every other month,
a summary report of final disciplinary actions taken upon
disciplinary files maintained by the Medical Board. The
summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's website. Information or documentation relating to
any disciplinary file that is closed without disciplinary
action taken shall not be disclosed and shall be afforded the
same status as is provided by Part 21 of Article VIII of the

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Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or permanently enjoin such violation, and if
it is established that such person has violated or is
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this paragraph shall
be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(I) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
102-1117, eff. 1-13-23.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on January 1, 2027)
Sec. 36. Investigation; notice.
(a) Upon the motion of either the Department or the

HB4302 - 229 - LRB103 35621 LNS 65695 b
Medical Board or upon the verified complaint in writing of any
person setting forth facts which, if proven, would constitute
grounds for suspension or revocation under Section 22 of this
Act, the Department shall investigate the actions of any
person, so accused, who holds or represents that he or she
holds a license. Such person is hereinafter called the
accused.
(b) The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges before
the Medical Board, direct him or her to file his or her written
answer thereto to the Medical Board under oath within 20 days
after the service on him or her of such notice and inform him
or her that if he or she fails to file such answer default will
be taken against him or her and his or her license may be
suspended, revoked, placed on probationary status, or have
other disciplinary action, including limiting the scope,
nature, or extent of his or her practice, as the Department may
deem proper taken with regard thereto. The Department shall,
at least 14 days prior to the date set for the hearing, notify
in writing any person who filed a complaint against the
accused of the time and place for the hearing of the charges
against the accused before the Medical Board and inform such

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person whether he or she may provide testimony at the hearing.
(c) Where a physician has been found, upon complaint and
investigation of the Department, and after hearing, to have
performed an abortion procedure in a willful and wanton manner
upon a woman who was not pregnant at the time such abortion
procedure was performed, the Department shall automatically
revoke the license of such physician to practice medicine in
this State. (Blank).
(d) Such written notice and any notice in such proceedings
thereafter may be served by personal delivery, email to the
respondent's email address of record, or mail to the
respondent's address of record.
(e) All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, the Medical Board,
the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the Medical
Board's attorneys, the medical investigative staff, and
authorized clerical staff, as provided in this Act and shall
be afforded the same status as is provided information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure, except that the Department may
disclose information and documents to a federal, State, or
local law enforcement agency pursuant to a subpoena in an
ongoing criminal investigation to a health care licensing body

HB4302 - 231 - LRB103 35621 LNS 65695 b
of this State or another state or jurisdiction pursuant to an
official request made by that licensing body. Furthermore,
information and documents disclosed to a federal, State, or
local law enforcement agency may be used by that agency only
for the investigation and prosecution of a criminal offense
or, in the case of disclosure to a health care licensing body,
only for investigations and disciplinary action proceedings
with regard to a license issued by that licensing body.
(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
102-20, eff. 1-1-22; 102-558, eff. 8-20-21.)
(225 ILCS 60/49.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 49.5. Telemedicine.
(a) The General Assembly finds and declares that because
of technological advances and changing practice patterns the
practice of medicine is occurring with increasing frequency
across state lines and across increasing geographical
distances within the State of Illinois and that certain
technological advances in the practice of medicine are in the
public interest. The General Assembly further finds and
declares that the practice of medicine is a privilege and that
the licensure by this State of practitioners outside this
State engaging in medical practice within this State and the
ability to discipline those practitioners is necessary for the
protection of the public health, welfare, and safety.

HB4302 - 232 - LRB103 35621 LNS 65695 b
(b) A person who engages in the practice of telemedicine
without a license or permit issued under this Act shall be
subject to penalties provided in Section 59. A person with a
temporary permit for health care may treat a patient located
in this State through telehealth services in a manner
consistent with the person's scope of practice and agreement
with a sponsoring entity.
(c) For purposes of this Act, "telemedicine" means the
performance of any of the activities listed in Section 49,
including, but not limited to, rendering written or oral
opinions concerning diagnosis or treatment of a patient in
Illinois by a person in a different location than the patient
as a result of transmission of individual patient data by
telephonic, electronic, or other means of communication.
"Telemedicine" does not include the following:
(1) periodic consultations between a person licensed
under this Act and a person outside the State of Illinois;
(2) a second opinion provided to a person licensed
under this Act;
(3) diagnosis or treatment services provided to a
patient in Illinois following care or treatment originally
provided to the patient in the state in which the provider
is licensed to practice medicine; and
(4) health care services provided to an existing
patient while the person licensed under this Act or
patient is traveling.

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(d) Whenever the Department has reason to believe that a
person has violated this Section, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(e) An out-of-state person providing a service listed in
Section 49 to a patient residing in Illinois through the
practice of telemedicine submits himself or herself to the
jurisdiction of the courts of this State.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-100. The Nurse Practice Act is amended by
changing Sections 65-35, 65-43, 65-65, and 70-5 as follows:
(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-35. Written collaborative agreements.
(a) A written collaborative agreement is required for all
advanced practice registered nurses engaged in clinical
practice prior to meeting the requirements of Section 65-43,
except for advanced practice registered nurses who are
privileged to practice in a hospital, hospital affiliate, or

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ambulatory surgical treatment center.
(a-5) If an advanced practice registered nurse engages in
clinical practice outside of a hospital, hospital affiliate,
or ambulatory surgical treatment center in which he or she is
privileged to practice, the advanced practice registered nurse
must have a written collaborative agreement, except as set
forth in Section 65-43.
(b) A written collaborative agreement shall describe the
relationship of the advanced practice registered nurse with
the collaborating physician and shall describe the categories
of care, treatment, or procedures to be provided by the
advanced practice registered nurse. A collaborative agreement
with a podiatric physician must be in accordance with
subsection (c-5) or (c-15) of this Section. A collaborative
agreement with a dentist must be in accordance with subsection
(c-10) of this Section. A collaborative agreement with a
podiatric physician must be in accordance with subsection
(c-5) of this Section. Collaboration does not require an
employment relationship between the collaborating physician
and the advanced practice registered nurse.
The collaborative relationship under an agreement shall
not be construed to require the personal presence of a
collaborating physician at the place where services are
rendered. Methods of communication shall be available for
consultation with the collaborating physician in person or by
telecommunications or electronic communications as set forth

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in the written agreement.
(b-5) Absent an employment relationship, a written
collaborative agreement may not (1) restrict the categories of
patients of an advanced practice registered nurse within the
scope of the advanced practice registered nurses training and
experience, (2) limit third party payors or government health
programs, such as the medical assistance program or Medicare
with which the advanced practice registered nurse contracts,
or (3) limit the geographic area or practice location of the
advanced practice registered nurse in this State.
(c) In the case of anesthesia services provided by a
certified registered nurse anesthetist, an anesthesiologist, a
physician, a dentist, or a podiatric physician must
participate through discussion of and agreement with the
anesthesia plan and remain physically present and available on
the premises during the delivery of anesthesia services for
diagnosis, consultation, and treatment of emergency medical
conditions.
(c-5) A certified registered nurse anesthetist, who
provides anesthesia services outside of a hospital or
ambulatory surgical treatment center shall enter into a
written collaborative agreement with an anesthesiologist or
the physician licensed to practice medicine in all its
branches or the podiatric physician performing the procedure.
Outside of a hospital or ambulatory surgical treatment center,
the certified registered nurse anesthetist may provide only

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those services that the collaborating podiatric physician is
authorized to provide pursuant to the Podiatric Medical
Practice Act of 1987 and rules adopted thereunder. A certified
registered nurse anesthetist may select, order, and administer
medication, including controlled substances, and apply
appropriate medical devices for delivery of anesthesia
services under the anesthesia plan agreed with by the
anesthesiologist or the operating physician or operating
podiatric physician.
(c-10) A certified registered nurse anesthetist who
provides anesthesia services in a dental office shall enter
into a written collaborative agreement with an
anesthesiologist or the physician licensed to practice
medicine in all its branches or the operating dentist
performing the procedure. The agreement shall describe the
working relationship of the certified registered nurse
anesthetist and dentist and shall authorize the categories of
care, treatment, or procedures to be performed by the
certified registered nurse anesthetist. In a collaborating
dentist's office, the certified registered nurse anesthetist
may only provide those services that the operating dentist
with the appropriate permit is authorized to provide pursuant
to the Illinois Dental Practice Act and rules adopted
thereunder. For anesthesia services, an anesthesiologist,
physician, or operating dentist shall participate through
discussion of and agreement with the anesthesia plan and shall

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remain physically present and be available on the premises
during the delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical conditions. A
certified registered nurse anesthetist may select, order, and
administer medication, including controlled substances, and
apply appropriate medical devices for delivery of anesthesia
services under the anesthesia plan agreed with by the
operating dentist.
(c-15) An advanced practice registered nurse who had a
written collaborative agreement with a podiatric physician
immediately before the effective date of Public Act 100-513
may continue in that collaborative relationship or enter into
a new written collaborative relationship with a podiatric
physician under the requirements of this Section and Section
65-40, as those Sections existed immediately before the
amendment of those Sections by Public Act 100-513 with regard
to a written collaborative agreement between an advanced
practice registered nurse and a podiatric physician.
(d) A copy of the signed, written collaborative agreement
must be available to the Department upon request from both the
advanced practice registered nurse and the collaborating
physician, dentist, or podiatric physician.
(e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons in accordance with Section 54.2 of the Medical

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Practice Act of 1987. Nothing in this Act shall be construed to
limit the method of delegation that may be authorized by any
means, including, but not limited to, oral, written,
electronic, standing orders, protocols, guidelines, or verbal
orders.
(e-5) Nothing in this Act shall be construed to authorize
an advanced practice registered nurse to provide health care
services required by law or rule to be performed by a
physician, including those acts to be performed by a physician
in Section 1-10 of the Illinois Abortion Law of 2024. The scope
of practice of an advanced practice registered nurse does not
include operative surgery. Nothing in this Section shall be
construed to preclude an advanced practice registered nurse
from assisting in surgery.
(f) An advanced practice registered nurse shall inform
each collaborating physician, dentist, or podiatric physician
of all collaborative agreements he or she has signed and
provide a copy of these to any collaborating physician,
dentist, or podiatric physician upon request.
(g) (Blank).
(Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18;
100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
(225 ILCS 65/65-43)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-43. Full practice authority.

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(a) An Illinois-licensed advanced practice registered
nurse certified as a nurse practitioner, nurse midwife, or
clinical nurse specialist shall be deemed by law to possess
the ability to practice without a written collaborative
agreement as set forth in this Section.
(b) An advanced practice registered nurse certified as a
nurse midwife, clinical nurse specialist, or nurse
practitioner who files with the Department a notarized
attestation of completion of at least 250 hours of continuing
education or training and at least 4,000 hours of clinical
experience after first attaining national certification shall
not require a written collaborative agreement. Documentation
of successful completion shall be provided to the Department
upon request.
Continuing education or training hours required by
subsection (b) shall be in the advanced practice registered
nurse's area of certification as set forth by Department rule.
The clinical experience must be in the advanced practice
registered nurse's area of certification. The clinical
experience shall be in collaboration with a physician or
physicians. Completion of the clinical experience must be
attested to by the collaborating physician or physicians or
employer and the advanced practice registered nurse. If the
collaborating physician or physicians or employer is unable to
attest to the completion of the clinical experience, the
Department may accept other evidence of clinical experience as

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established by rule.
(c) The scope of practice of an advanced practice
registered nurse with full practice authority includes:
(1) all matters included in subsection (c) of Section
65-30 of this Act;
(2) practicing without a written collaborative
agreement in all practice settings consistent with
national certification;
(3) authority to prescribe both legend drugs and
Schedule II through V controlled substances; this
authority includes prescription of, selection of, orders
for, administration of, storage of, acceptance of samples
of, and dispensing over the counter medications, legend
drugs, and controlled substances categorized as any
Schedule II through V controlled substances, as defined in
Article II of the Illinois Controlled Substances Act, and
other preparations, including, but not limited to,
botanical and herbal remedies;
(4) prescribing Schedule II narcotic drugs, such as
opioids, only in a consultation relationship with a
physician; this consultation relationship shall be
recorded in the Prescription Monitoring Program website,
pursuant to Section 316 of the Illinois Controlled
Substances Act, by the physician and advanced practice
registered nurse with full practice authority and is not
required to be filed with the Department; the specific

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Schedule II narcotic drug must be identified by either
brand name or generic name; the specific Schedule II
narcotic drug, such as an opioid, may be administered by
oral dosage or topical or transdermal application;
delivery by injection or other route of administration is
not permitted; at least monthly, the advanced practice
registered nurse and the physician must discuss the
condition of any patients for whom an opioid is
prescribed; nothing in this subsection shall be construed
to require a prescription by an advanced practice
registered nurse with full practice authority to require a
physician name;
(4.5) prescribing up to a 120-day supply of
benzodiazepines without a consultation relationship with a
physician; thereafter, continued prescription of
benzodiazepines shall require a consultation with a
physician; nothing in this subsection shall be construed
to require a prescription by an advanced practice
registered nurse with full practice authority to require a
physician name;
(5) authority to obtain an Illinois controlled
substance license and a federal Drug Enforcement
Administration number; and
(6) use of only local anesthetic.
The scope of practice of an advanced practice registered
nurse does not include operative surgery. Nothing in this

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Section shall be construed to preclude an advanced practice
registered nurse from assisting in surgery.
(d) The Department may adopt rules necessary to administer
this Section, including, but not limited to, requiring the
completion of forms and the payment of fees.
(e) Nothing in this Act shall be construed to authorize an
advanced practice registered nurse with full practice
authority to provide health care services required by law or
rule to be performed by a physician, including, but not
limited to, those acts to be performed by a physician in
Section 3.1 of the Illinois Abortion Law of 2024.
(Source: P.A. 102-75, eff. 1-1-22; 103-60, eff. 1-1-24.)
(225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-65. Reports relating to APRN professional conduct
and capacity.
(a) Entities Required to Report.
(1) Health Care Institutions. The chief administrator
or executive officer of a health care institution licensed
by the Department of Public Health, which provides the
minimum due process set forth in Section 10.4 of the
Hospital Licensing Act, shall report to the Board when an
advanced practice registered nurse's organized
professional staff clinical privileges are terminated or
are restricted based on a final determination, in

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accordance with that institution's bylaws or rules and
regulations, that (i) a person has either committed an act
or acts that may directly threaten patient care and that
are not of an administrative nature or (ii) that a person
may have a mental or physical disability that may endanger
patients under that person's care. The chief administrator
or officer shall also report if an advanced practice
registered nurse accepts voluntary termination or
restriction of clinical privileges in lieu of formal
action based upon conduct related directly to patient care
and not of an administrative nature, or in lieu of formal
action seeking to determine whether a person may have a
mental or physical disability that may endanger patients
under that person's care. The Department shall provide by
rule for the reporting to it of all instances in which a
person licensed under this Article, who is impaired by
reason of age, drug, or alcohol abuse, or physical or
mental impairment, is under supervision and, where
appropriate, is in a program of rehabilitation. Reports
submitted under this subsection shall be strictly
confidential and may be reviewed and considered only by
the members of the Board or authorized staff as provided
by rule of the Department. Provisions shall be made for
the periodic report of the status of any such reported
person not less than twice annually in order that the
Board shall have current information upon which to

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determine the status of that person. Initial and periodic
reports of impaired advanced practice registered nurses
shall not be considered records within the meaning of the
State Records Act and shall be disposed of, following a
determination by the Board that such reports are no longer
required, in a manner and at an appropriate time as the
Board shall determine by rule. The filing of reports
submitted under this subsection shall be construed as the
filing of a report for purposes of subsection (c) of this
Section. Such health care institution shall not take any
adverse action, including, but not limited to, restricting
or terminating any person's clinical privileges, as a
result of an adverse action against a person's license or
clinical privileges or other disciplinary action by
another state or health care institution that resulted
from the person's provision of, authorization of,
recommendation of, aiding or assistance with, referral
for, or participation in any health care service if the
adverse action was based solely on a violation of the
other state's law prohibiting the provision of such health
care and related services in the state or for a resident of
the state if that health care service would not have been
unlawful under the laws of this State and is consistent
with the standards of conduct for advanced practice
registered nurses practicing in Illinois.
(2) Professional Associations. The President or chief

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executive officer of an association or society of persons
licensed under this Article, operating within this State,
shall report to the Board when the association or society
renders a final determination that a person licensed under
this Article has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
the person's care.
(3) Professional Liability Insurers. Every insurance
company that offers policies of professional liability
insurance to persons licensed under this Article, or any
other entity that seeks to indemnify the professional
liability of a person licensed under this Article, shall
report to the Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
that alleged negligence in the furnishing of patient care
by the licensee when the settlement or final judgment is
in favor of the plaintiff. Such insurance company shall
not take any adverse action, including, but not limited
to, denial or revocation of coverage, or rate increases,
against a person licensed under this Act with respect to
coverage for services provided in Illinois if based solely
on the person providing, authorizing, recommending,
aiding, assisting, referring for, or otherwise
participating in health care services this State in
violation of another state's law, or a revocation or other

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adverse action against the person's license in another
state for violation of such law if that health care
service as provided would have been lawful and consistent
with the standards of conduct for registered nurses and
advanced practice registered nurses if it occurred in
Illinois. Notwithstanding this provision, it is against
public policy to require coverage for an illegal action.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Board all instances in which a
person licensed under this Article is convicted or
otherwise found guilty of the commission of a felony.
(5) State Agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of this State shall report to the Board any instance
arising in connection with the operations of the agency,
including the administration of any law by the agency, in
which a person licensed under this Article has either
committed an act or acts that may constitute a violation
of this Article, that may constitute unprofessional
conduct related directly to patient care, or that
indicates that a person licensed under this Article may
have a mental or physical disability that may endanger
patients under that person's care.
(b) Mandatory Reporting. All reports required under items
(16) and (17) of subsection (a) of Section 70-5 shall be
submitted to the Board in a timely fashion. The reports shall

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be filed in writing within 60 days after a determination that a
report is required under this Article. All reports shall
contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name or other means of identification of any
patient or patients whose treatment is a subject of the
report, except that no medical records may be revealed
without the written consent of the patient or patients.
(4) A brief description of the facts that gave rise to
the issuance of the report, including, but not limited to,
the dates of any occurrences deemed to necessitate the
filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, the docket number, and
date of filing of the action.
(6) Any further pertinent information that the
reporting party deems to be an aid in the evaluation of the
report.
Nothing contained in this Section shall be construed to in
any way waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Board, the Board's attorneys, the

HB4302 - 248 - LRB103 35621 LNS 65695 b
investigative staff, and authorized clerical staff and shall
be afforded the same status as is provided information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure.
(c) Immunity from Prosecution. An individual or
organization acting in good faith, and not in a willful and
wanton manner, in complying with this Section by providing a
report or other information to the Board, by assisting in the
investigation or preparation of a report or information, by
participating in proceedings of the Board, or by serving as a
member of the Board shall not, as a result of such actions, be
subject to criminal prosecution or civil damages.
(d) Indemnification. Members of the Board, the Board's
attorneys, the investigative staff, advanced practice
registered nurses or physicians retained under contract to
assist and advise in the investigation, and authorized
clerical staff shall be indemnified by the State for any
actions (i) occurring within the scope of services on the
Board, (ii) performed in good faith, and (iii) not willful and
wanton in nature. The Attorney General shall defend all
actions taken against those persons unless he or she
determines either that there would be a conflict of interest
in the representation or that the actions complained of were
not performed in good faith or were willful and wanton in
nature. If the Attorney General declines representation, the
member shall have the right to employ counsel of his or her

HB4302 - 249 - LRB103 35621 LNS 65695 b
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not
performed in good faith or were willful and wanton in nature.
The member shall notify the Attorney General within 7 days of
receipt of notice of the initiation of an action involving
services of the Board. Failure to so notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification. The Attorney General shall
determine within 7 days after receiving the notice whether he
or she will undertake to represent the member.
(e) Deliberations of Board. Upon the receipt of a report
called for by this Section, other than those reports of
impaired persons licensed under this Article required pursuant
to the rules of the Board, the Board shall notify in writing by
certified or registered mail or by email to the email address
of record the person who is the subject of the report. The
notification shall be made within 30 days of receipt by the
Board of the report. The notification shall include a written
notice setting forth the person's right to examine the report.
Included in the notification shall be the address at which the
file is maintained, the name of the custodian of the reports,
and the telephone number at which the custodian may be
reached. The person who is the subject of the report shall
submit a written statement responding to, clarifying, adding
to, or proposing to amend the report previously filed. The

HB4302 - 250 - LRB103 35621 LNS 65695 b
statement shall become a permanent part of the file and shall
be received by the Board no more than 30 days after the date on
which the person was notified of the existence of the original
report. The Board shall review all reports received by it and
any supporting information and responding statements submitted
by persons who are the subject of reports. The review by the
Board shall be in a timely manner but in no event shall the
Board's initial review of the material contained in each
disciplinary file be less than 61 days nor more than 180 days
after the receipt of the initial report by the Board. When the
Board makes its initial review of the materials contained
within its disciplinary files, the Board shall, in writing,
make a determination as to whether there are sufficient facts
to warrant further investigation or action. Failure to make
that determination within the time provided shall be deemed to
be a determination that there are not sufficient facts to
warrant further investigation or action. Should the Board find
that there are not sufficient facts to warrant further
investigation or action, the report shall be accepted for
filing and the matter shall be deemed closed and so reported.
The individual or entity filing the original report or
complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Board of any
final action on their report or complaint.
(f) (Blank).
(g) Any violation of this Section shall constitute a Class

HB4302 - 251 - LRB103 35621 LNS 65695 b
A misdemeanor.
(h) If a person violates the provisions of this Section,
an action may be brought in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, for an order enjoining the violation or for an order
enforcing compliance with this Section. Upon filing of a
petition in court, the court may issue a temporary restraining
order without notice or bond and may preliminarily or
permanently enjoin the violation, and if it is established
that the person has violated or is violating the injunction,
the court may punish the offender for contempt of court.
Proceedings under this subsection shall be in addition to, and
not in lieu of, all other remedies and penalties provided for
by this Section.
(i) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-5. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per

HB4302 - 252 - LRB103 35621 LNS 65695 b
violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
the Department.
(2) Material violations of any provision of this Act
or violation of the rules of or final administrative
action of the Secretary, after consideration of the
recommendation of the Board.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response to

HB4302 - 253 - LRB103 35621 LNS 65695 b
a request for information in response to a written request
made by the Department by certified or registered mail or
by email to the email address of record.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule.
(8) Unlawful taking, theft, selling, distributing, or
manufacturing of any drug, narcotic, or prescription
device.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that could result in a licensee's inability to practice
with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or
conditions.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the

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licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(13) Willful omission to file or record, or willfully
impeding the filing or recording of or inducing another
person to omit to file or record, medical reports as
required by law.
(13.5) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(14) Gross negligence in the practice of practical,
professional, or advanced practice registered nursing.
(15) Holding oneself out to be practicing nursing
under any name other than one's own.
(16) Failure of a licensee to report to the Department
any adverse final action taken against him or her by
another licensing jurisdiction of the United States or any
foreign state or country, any peer review body, any health
care institution, any professional or nursing society or
association, any governmental agency, any law enforcement
agency, or any court or a nursing liability claim related
to acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
(17) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice nursing or advanced practice registered nursing

HB4302 - 255 - LRB103 35621 LNS 65695 b
in another state or jurisdiction or current surrender by
the licensee of membership on any nursing staff or in any
nursing or advanced practice registered nursing or
professional association or society while under
disciplinary investigation by any of those authorities or
bodies for acts or conduct similar to acts or conduct that
would constitute grounds for action as defined by this
Section.
(18) Failing, within 60 days, to provide information
in response to a written request made by the Department.
(19) Failure to establish and maintain records of
patient care and treatment as required by law.
(20) Fraud, deceit, or misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(21) Allowing another person or organization to use
the licensee's license to deceive the public.
(22) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
(24) Immoral conduct in the commission of an act,

HB4302 - 256 - LRB103 35621 LNS 65695 b
including, but not limited to, sexual abuse, sexual
misconduct, or sexual exploitation, related to the
licensee's practice.
(25) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(26) Practicing under a false or assumed name, except
as provided by law.
(27) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(28) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (28)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (28) shall be construed to require an employment
arrangement to receive professional fees for services

HB4302 - 257 - LRB103 35621 LNS 65695 b
rendered.
(29) A violation of the Health Care Worker
Self-Referral Act.
(30) Physical illness, mental illness, or disability
that results in the inability to practice the profession
with reasonable judgment, skill, or safety.
(31) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or podiatric physician
in guidelines established under a written collaborative
agreement.
(32) Making a false or misleading statement regarding
a licensee's skill or the efficacy or value of the
medicine, treatment, or remedy prescribed by him or her in
the course of treatment.
(33) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(34) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(35) Violating State or federal laws, rules, or
regulations relating to controlled substances.
(36) Willfully or negligently violating the

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confidentiality between an advanced practice registered
nurse, collaborating physician, dentist, or podiatric
physician and a patient, except as required by law.
(37) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(38) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(39) A violation of any provision of this Act or any
rules adopted under this Act.
(40) Violating the Compassionate Use of Medical
Cannabis Program Act.
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a registered nurse or an advanced practice
registered nurse based solely upon the registered nurse or
advanced practice registered nurse providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care

HB4302 - 259 - LRB103 35621 LNS 65695 b
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a registered nurse or an advanced practice
registered nurse based upon the registered nurse's or advanced
practice registered nurse's license being revoked or
suspended, or the registered nurse or advanced practice
registered nurse being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the registered nurse or
advanced practice registered nurse violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for the registered nurse or advanced practice
registered nurse practicing in Illinois.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not trigger reporting requirements under Section
65-65 or constitute grounds for suspension under Section
70-60.

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(b-20) An applicant seeking licensure, certification, or
authorization under this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to

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file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(e) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with

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specialty certification in addictions may be grounds for an
automatic suspension, as defined by rule.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (e), the Department may require that individual to
submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this subsection (e), a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and

HB4302 - 263 - LRB103 35621 LNS 65695 b
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this subsection (e) shall be afforded an opportunity to
demonstrate to the Department that he or she can resume
practice in compliance with nursing standards under the
provisions of his or her license.
(f) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)
Section 5-105. The Pharmacy Practice Act is amended by
changing Sections 30, 30.1, and 43 as follows:
(225 ILCS 85/30) (from Ch. 111, par. 4150)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30. Refusal, revocation, suspension, or other
discipline.
(a) The Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on probation, fine, or
take any disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed
$10,000 for each violation, with regard to any licensee for

HB4302 - 264 - LRB103 35621 LNS 65695 b
any one or combination of the following causes:
1. Material misstatement in furnishing information to
the Department.
2. Violations of this Act, or the rules promulgated
hereunder.
3. Making any misrepresentation for the purpose of
obtaining licenses.
4. A pattern of conduct which demonstrates
incompetence or unfitness to practice.
5. Aiding or assisting another person in violating any
provision of this Act or rules.
6. Failing, within 60 days, to respond to a written
request made by the Department for information.
7. Engaging in unprofessional, dishonorable, or
unethical conduct of a character likely to deceive,
defraud, or harm the public as defined by rule.
8. Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a pharmacy, pharmacist, registered certified
pharmacy technician, or registered pharmacy technician
that is the same or substantially equivalent to those set
forth in this Section, a certified copy of the record of
the action taken by the other state or jurisdiction being
prima facie evidence thereof.
9. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association

HB4302 - 265 - LRB103 35621 LNS 65695 b
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this item 9 affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this item 9 shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
10. A finding by the Department that the licensee,
after having his license placed on probationary status,
has violated the terms of probation.
11. Selling or engaging in the sale of drug samples
provided at no cost by drug manufacturers.
12. Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgment, skill, or safety.
13. A finding that licensure or registration has been
applied for or obtained by fraudulent means.
14. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or

HB4302 - 266 - LRB103 35621 LNS 65695 b
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
pharmacy or involves controlled substances.
15. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in the inability to practice with reasonable
judgment, skill, or safety.
16. Willfully making or filing false records or
reports in the practice of pharmacy, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Public Aid Code.
17. Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including,
but not limited to, filing false statements for collection
of monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Public Aid Code.
18. Dispensing prescription drugs without receiving a

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written or oral prescription in violation of law.
19. Upon a finding of a substantial discrepancy in a
Department audit of a prescription drug, including
controlled substances, as that term is defined in this Act
or in the Illinois Controlled Substances Act.
20. Physical or mental illness or any other impairment
or disability, including, without limitation: (A)
deterioration through the aging process or loss of motor
skills that results in the inability to practice with
reasonable judgment, skill, or safety; or (B) mental
incompetence, as declared by a court of competent
jurisdiction.
21. Violation of the Health Care Worker Self-Referral
Act.
22. Failing to sell or dispense any drug, medicine, or
poison in good faith. "Good faith", for the purposes of
this Section, has the meaning ascribed to it in subsection
(u) of Section 102 of the Illinois Controlled Substances
Act. "Good faith", as used in this item (22), shall not be
limited to the sale or dispensing of controlled
substances, but shall apply to all prescription drugs.
23. Interfering with the professional judgment of a
pharmacist by any licensee under this Act, or the
licensee's agents or employees.
24. Failing to report within 60 days to the Department
any adverse final action taken against a pharmacy,

HB4302 - 268 - LRB103 35621 LNS 65695 b
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician by another licensing
jurisdiction in any other state or any territory of the
United States or any foreign jurisdiction, any
governmental agency, any law enforcement agency, or any
court for acts or conduct similar to acts or conduct that
would constitute grounds for discipline as defined in this
Section.
25. Failing to comply with a subpoena issued in
accordance with Section 35.5 of this Act.
26. Disclosing protected health information in
violation of any State or federal law.
27. Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
28. Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
29. Using advertisements or making solicitations that
may jeopardize the health, safety, or welfare of patients,
including, but not limited to, the use of advertisements
or solicitations that:

HB4302 - 269 - LRB103 35621 LNS 65695 b
(A) are false, fraudulent, deceptive, or
misleading; or
(B) include any claim regarding a professional
service or product or the cost or price thereof that
cannot be substantiated by the licensee.
30. Requiring a pharmacist to participate in the use
or distribution of advertisements or in making
solicitations that may jeopardize the health, safety, or
welfare of patients.
31. Failing to provide a working environment for all
pharmacy personnel that protects the health, safety, and
welfare of a patient, which includes, but is not limited
to, failing to:
(A) employ sufficient personnel to prevent
fatigue, distraction, or other conditions that
interfere with a pharmacist's ability to practice with
competency and safety or creates an environment that
jeopardizes patient care;
(B) provide appropriate opportunities for
uninterrupted rest periods and meal breaks;
(C) provide adequate time for a pharmacist to
complete professional duties and responsibilities,
including, but not limited to:
(i) drug utilization review;
(ii) immunization;
(iii) counseling;

HB4302 - 270 - LRB103 35621 LNS 65695 b
(iv) verification of the accuracy of a
prescription; and
(v) all other duties and responsibilities of a
pharmacist as listed in the rules of the
Department.
32. Introducing or enforcing external factors, such as
productivity or production quotas or other programs
against pharmacists, student pharmacists or pharmacy
technicians, to the extent that they interfere with the
ability of those individuals to provide appropriate
professional services to the public.
33. Providing an incentive for or inducing the
transfer of a prescription for a patient absent a
professional rationale.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty,or interest shown in a filed return, or to pay any
final assessment of tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(c) The Department shall revoke any license issued under
the provisions of this Act or any prior Act of this State of
any person who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act, or
who has been convicted a second time of committing a Class 1

HB4302 - 271 - LRB103 35621 LNS 65695 b
felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
Code. A person whose license issued under the provisions of
this Act or any prior Act of this State is revoked under this
subsection (c) shall be prohibited from engaging in the
practice of pharmacy in this State.
(c-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a pharmacist, registered pharmacy technician, or
registered certified pharmacy technician based solely upon the
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(c-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a pharmacist, registered pharmacy technician, or
registered certified pharmacy technician based upon the
pharmacist's, registered pharmacy technician's, or registered
certified pharmacy technician's license being revoked or

HB4302 - 272 - LRB103 35621 LNS 65695 b
suspended, or the pharmacist being otherwise disciplined by
any other state, if that revocation, suspension, or other form
of discipline was based solely on the pharmacist, registered
pharmacy technician, or registered certified pharmacy
technician violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the standards of conduct for a pharmacist,
registered pharmacy technician, or registered certified
pharmacy technician practicing in Illinois.
(c-15) The conduct specified in subsections (c-5) and
(c-10) shall not constitute grounds for suspension under
Section 35.16.
(c-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such

HB4302 - 273 - LRB103 35621 LNS 65695 b
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(d) Fines may be imposed in conjunction with other forms
of disciplinary action, but shall not be the exclusive
disposition of any disciplinary action arising out of conduct
resulting in death or injury to a patient. Fines shall be paid
within 60 days or as otherwise agreed to by the Department. Any
funds collected from such fines shall be deposited in the
Illinois State Pharmacy Disciplinary Fund.
(e) The entry of an order or judgment by any circuit court
establishing that any person holding a license or certificate
under this Act is a person in need of mental treatment operates
as a suspension of that license. A licensee may resume his or
her practice only upon the entry of an order of the Department
based upon a finding by the Board that he or she has been
determined to be recovered from mental illness by the court
and upon the Board's recommendation that the licensee be
permitted to resume his or her practice.
(f) The Department shall issue quarterly to the Board a
status of all complaints related to the profession received by
the Department.
(g) In enforcing this Section, the Board or the
Department, upon a showing of a possible violation, may compel
any licensee or applicant for licensure under this Act to
submit to a mental or physical examination or both, as

HB4302 - 274 - LRB103 35621 LNS 65695 b
required by and at the expense of the Department. The
examining physician, or multidisciplinary team involved in
providing physical and mental examinations led by a physician
consisting of one or a combination of licensed physicians,
licensed clinical psychologists, licensed clinical social
workers, licensed clinical professional counselors, and other
professional and administrative staff, shall be those
specifically designated by the Department. The Board or the
Department may order the examining physician or any member of
the multidisciplinary team to present testimony concerning
this mental or physical examination of the licensee or
applicant. No information, report, or other documents in any
way related to the examination shall be excluded by reason of
any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of the examination. Failure of any individual to
submit to a mental or physical examination when directed shall
result in the automatic suspension of his or her license until
such time as the individual submits to the examination. If the
Board or Department finds a pharmacist, registered certified
pharmacy technician, or registered pharmacy technician unable
to practice because of the reasons set forth in this Section,
the Board or Department shall require such pharmacist,

HB4302 - 275 - LRB103 35621 LNS 65695 b
registered certified pharmacy technician, or registered
pharmacy technician to submit to care, counseling, or
treatment by physicians or other appropriate health care
providers approved or designated by the Department as a
condition for continued, restored, or renewed licensure to
practice. Any pharmacist, registered certified pharmacy
technician, or registered pharmacy technician whose license
was granted, continued, restored, renewed, disciplined, or
supervised, subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions or to complete a required program
of care, counseling, or treatment, as determined by the chief
pharmacy coordinator, shall be referred to the Secretary for a
determination as to whether the licensee shall have his or her
license suspended immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a
license under this subsection (g), a hearing upon such
person's license must be convened by the Board within 15 days
after such suspension and completed without appreciable delay.
The Department and Board shall have the authority to review
the subject pharmacist's, registered certified pharmacy
technician's, or registered pharmacy technician's record of
treatment and counseling regarding the impairment.
(h) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the

HB4302 - 276 - LRB103 35621 LNS 65695 b
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board shall not, as a
result of such actions, be subject to criminal prosecution or
civil damages. Any person who reports a violation of this
Section to the Department is protected under subsection (b) of
Section 15 of the Whistleblower Act.
(i) Members of the Board shall have no liability in any
action based upon any disciplinary proceedings or other
activity performed in good faith as a member of the Board. The
Attorney General shall defend all such actions unless he or
she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were willful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Board. Failure to so notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification.
The Attorney General shall determine, within 7 days after

HB4302 - 277 - LRB103 35621 LNS 65695 b
receiving such notice, whether he or she will undertake to
represent the member.
(j) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
102-1117, eff. 1-13-23.)
(225 ILCS 85/30.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30.1. Reporting.
(a) When a pharmacist, registered certified pharmacy
technician, or a registered pharmacy technician licensed by
the Department is terminated for actions which may have
threatened patient safety, the pharmacy or
pharmacist-in-charge, pursuant to the policies and procedures
of the pharmacy at which he or she is employed, shall report
the termination to the chief pharmacy coordinator. Such
reports shall be strictly confidential and may be reviewed and
considered only by the members of the Board or by authorized
Department staff. Such reports, and any records associated
with such reports, are exempt from public disclosure and the
Freedom of Information Act. Although the reports are exempt
from disclosure, any formal complaint filed against a licensee
or registrant by the Department or any order issued by the
Department against a licensee, registrant, or applicant shall

HB4302 - 278 - LRB103 35621 LNS 65695 b
be a public record, except as otherwise prohibited by law. A
pharmacy shall not take any adverse action, including, but not
limited to, disciplining or terminating a pharmacist,
registered certified pharmacy technician, or registered
pharmacy technician, as a result of an adverse action against
the person's license or clinical privileges or other
disciplinary action by another state or health care
institution that resulted from the pharmacist's, registered
certified pharmacy technician's, or registered pharmacy
technician's provision of, authorization of, recommendation
of, aiding or assistance with, referral for, or participation
in any health care service, if the adverse action was based
solely on a violation of the other state's law prohibiting the
provision such health care and related services in the state
or for a resident of the state.
(b) The report shall be submitted to the chief pharmacy
coordinator in a timely fashion. Unless otherwise provided in
this Section, the reports shall be filed in writing, on forms
provided by the Department, within 60 days after a pharmacy's
determination that a report is required under this Act. All
reports shall contain only the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, license number, and last known address
and telephone number of the person who is the subject of
the report.

HB4302 - 279 - LRB103 35621 LNS 65695 b
(3) A brief description of the facts which gave rise
to the issuance of the report, including dates of
occurrence.
(c) The contents of any report and any records associated
with such report shall be strictly confidential and may only
be reviewed by:
(1) members of the Board of Pharmacy;
(2) the Board of Pharmacy's designated attorney;
(3) administrative personnel assigned to open mail
containing reports, to process and distribute reports to
authorized persons, and to communicate with senders of
reports;
(4) Department investigators and Department
prosecutors; or
(5) attorneys from the Office of the Illinois Attorney
General representing the Department in litigation in
response to specific disciplinary action the Department
has taken or initiated against a specific individual
pursuant to this Section.
(d) Whenever a pharmacy or pharmacist-in-charge makes a
report and provides any records associated with that report to
the Department, acts in good faith, and not in a willful and
wanton manner, the person or entity making the report and the
pharmacy or health care institution employing him or her shall
not, as a result of such actions, be subject to criminal
prosecution or civil damages.

HB4302 - 280 - LRB103 35621 LNS 65695 b
(e) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 85/43)
(Section scheduled to be repealed on January 1, 2028)
Sec. 43. Dispensation of hormonal contraceptives.
(a) The dispensing of hormonal contraceptives to a patient
shall be pursuant to a valid prescription, or pursuant to a
standing order by a physician licensed to practice medicine in
all its branches or , a standing order by the medical director
of a local health department, or a standing order by the
Department of Public Health pursuant to the following:
(1) a pharmacist may dispense no more than a 12-month
supply of hormonal contraceptives to a patient;
(2) a pharmacist must complete an educational training
program accredited by the Accreditation Council for
Pharmacy Education and approved by the Department that is
related to the patient self-screening risk assessment,
patient assessment contraceptive counseling and education,
and dispensation of hormonal contraceptives;
(3) a pharmacist shall have the patient complete the
self-screening risk assessment tool; the self-screening
risk assessment tool is to be based on the most current
version of the United States Medical Eligibility Criteria

HB4302 - 281 - LRB103 35621 LNS 65695 b
for Contraceptive Use published by the federal Centers for
Disease Control and Prevention;
(4) based upon the results of the self-screening risk
assessment and the patient assessment, the pharmacist
shall use his or her professional and clinical judgment as
to when a patient should be referred to the patient's
physician or another health care provider;
(5) a pharmacist shall provide, during the patient
assessment and consultation, counseling and education
about all methods of contraception, including methods not
covered under the standing order, and their proper use and
effectiveness;
(6) the patient consultation shall take place in a
private manner; and
(7) a pharmacist and pharmacy must maintain
appropriate records.
(b) The Department may adopt rules to implement this
Section.
(c) Nothing in this Section shall be interpreted to
require a pharmacist to dispense hormonal contraception under
a standing order issued by a physician licensed to practice
medicine in all its branches or the medical director of a local
health department.
(d) Notwithstanding any other provision of the law to the
contrary, a pharmacist may dispense hormonal contraceptives in
conformance with standing orders issued pursuant to this

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Section without prior establishment of a relationship between
the pharmacist and the person receiving hormonal
contraception.
(e) No employee of the Department of Public Health issuing
a standing order pursuant to this Section shall, as a result of
the employee's acts or omissions in issuing the standing order
pursuant to this Section, be subject to (i) any disciplinary
or other adverse action under the Medical Practice Act of
1987, (ii) any civil liability, or (iii) any criminal
liability.
(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22;
102-1117, eff. 1-13-23.)
Section 5-110. The Physician Assistant Practice Act of
1987 is amended by changing Sections 7.5 and 21 as follows:
(225 ILCS 95/7.5)
(Text of Section before amendment by P.A. 103-65)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7.5. Written collaborative agreements; prescriptive
authority.
(a) A written collaborative agreement is required for all
physician assistants to practice in the State, except as
provided in Section 7.7 of this Act.
(1) A written collaborative agreement shall describe
the working relationship of the physician assistant with

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the collaborating physician and shall describe the
categories of care, treatment, or procedures to be
provided by the physician assistant. The written
collaborative agreement shall promote the exercise of
professional judgment by the physician assistant
commensurate with his or her education and experience. The
services to be provided by the physician assistant shall
be services that the collaborating physician is authorized
to and generally provides to his or her patients in the
normal course of his or her clinical medical practice. The
written collaborative agreement need not describe the
exact steps that a physician assistant must take with
respect to each specific condition, disease, or symptom
but must specify which authorized procedures require the
presence of the collaborating physician as the procedures
are being performed. The relationship under a written
collaborative agreement shall not be construed to require
the personal presence of a physician at the place where
services are rendered. Methods of communication shall be
available for consultation with the collaborating
physician in person or by telecommunications or electronic
communications as set forth in the written collaborative
agreement. For the purposes of this Act, "generally
provides to his or her patients in the normal course of his
or her clinical medical practice" means services, not
specific tasks or duties, the collaborating physician

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routinely provides individually or through delegation to
other persons so that the physician has the experience and
ability to collaborate and provide consultation.
(2) The written collaborative agreement shall be
adequate if a physician does each of the following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the
physician assistant and he or she periodically reviews
such orders and the services provided patients under
such orders in accordance with accepted standards of
medical practice and physician assistant practice.
(B) Provides consultation at least once a month.
(3) A copy of the signed, written collaborative
agreement must be available to the Department upon request
from both the physician assistant and the collaborating
physician.
(4) A physician assistant shall inform each
collaborating physician of all written collaborative
agreements he or she has signed and provide a copy of these
to any collaborating physician upon request.
(b) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement. This authority may,
but is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing medical devices, over-the-counter

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over the counter medications, legend drugs, medical gases, and
controlled substances categorized as Schedule II through V
controlled substances, as defined in Article II of the
Illinois Controlled Substances Act, and other preparations,
including, but not limited to, botanical and herbal remedies.
The collaborating physician must have a valid, current
Illinois controlled substance license and federal registration
with the Drug Enforcement Administration to delegate the
authority to prescribe controlled substances.
(1) To prescribe Schedule II, III, IV, or V controlled
substances under this Section, a physician assistant must
obtain a mid-level practitioner controlled substances
license. Medication orders issued by a physician assistant
shall be reviewed periodically by the collaborating
physician.
(2) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority
to a physician assistant and termination of delegation,
specifying the authority delegated or terminated. Upon
receipt of this notice delegating authority to prescribe
controlled substances, the physician assistant shall be
eligible to register for a mid-level practitioner
controlled substances license under Section 303.05 of the
Illinois Controlled Substances Act. Nothing in this Act
shall be construed to limit the delegation of tasks or
duties by the collaborating physician to a nurse or other

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appropriately trained persons in accordance with Section
54.2 of the Medical Practice Act of 1987.
(3) In addition to the requirements of this subsection
(b), a collaborating physician may, but is not required
to, delegate authority to a physician assistant to
prescribe Schedule II controlled substances, if all of the
following conditions apply:
(A) Specific Schedule II controlled substances by
oral dosage or topical or transdermal application may
be delegated, provided that the delegated Schedule II
controlled substances are routinely prescribed by the
collaborating physician. This delegation must identify
the specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection or
other route of administration may not be delegated.
(B) (Blank).
(C) Any prescription must be limited to no more
than a 30-day supply, with any continuation authorized
only after prior approval of the collaborating
physician.
(D) The physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the collaborating
physician.
(E) The physician assistant meets the education

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requirements of Section 303.05 of the Illinois
Controlled Substances Act.
(c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
Nothing in this Act shall be construed to authorize a
physician assistant to provide health care services required
by law or rule to be performed by a physician. Nothing in this
Act shall be construed to authorize the delegation or
performance of operative surgery. Nothing in this Section
shall be construed to preclude a physician assistant from
assisting in surgery.
(c-5) Nothing in this Section shall be construed to apply
to any medication authority, including Schedule II controlled
substances of a licensed physician assistant for care provided
in a hospital, hospital affiliate, or ambulatory surgical
treatment center pursuant to Section 7.7 of this Act.
(d) (Blank).
(e) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21;
revised 9-21-23.)

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(Text of Section after amendment by P.A. 103-65)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7.5. Written collaborative agreements; prescriptive
authority.
(a) A written collaborative agreement is required for all
physician assistants to practice in the State, except as
provided in Section 7.7 of this Act.
(1) A written collaborative agreement shall describe
the working relationship of the physician assistant with
the collaborating physician and shall describe the
categories of care, treatment, or procedures to be
provided by the physician assistant. The written
collaborative agreement shall promote the exercise of
professional judgment by the physician assistant
commensurate with his or her education and experience. The
services to be provided by the physician assistant shall
be services that the collaborating physician is authorized
to and generally provides to his or her patients in the
normal course of his or her clinical medical practice. The
written collaborative agreement need not describe the
exact steps that a physician assistant must take with
respect to each specific condition, disease, or symptom
but must specify which authorized procedures require the
presence of the collaborating physician as the procedures
are being performed. The relationship under a written

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collaborative agreement shall not be construed to require
the personal presence of a physician at the place where
services are rendered. Methods of communication shall be
available for consultation with the collaborating
physician in person or by telecommunications or electronic
communications as set forth in the written collaborative
agreement. For the purposes of this Act, "generally
provides to his or her patients in the normal course of his
or her clinical medical practice" means services, not
specific tasks or duties, the collaborating physician
routinely provides individually or through delegation to
other persons so that the physician has the experience and
ability to collaborate and provide consultation.
(2) The written collaborative agreement shall be
adequate if a physician does each of the following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the
physician assistant and he or she periodically reviews
such orders and the services provided patients under
such orders in accordance with accepted standards of
medical practice and physician assistant practice.
(B) Provides consultation at least once a month.
(3) A copy of the signed, written collaborative
agreement must be available to the Department upon request
from both the physician assistant and the collaborating
physician.

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(4) A physician assistant shall inform each
collaborating physician of all written collaborative
agreements he or she has signed and provide a copy of these
to any collaborating physician upon request.
(b) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement. This authority may,
but is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing medical devices, over-the-counter
over the counter medications, legend drugs, medical gases, and
controlled substances categorized as Schedule II through V
controlled substances, as defined in Article II of the
Illinois Controlled Substances Act, and other preparations,
including, but not limited to, botanical and herbal remedies.
The collaborating physician must have a valid, current
Illinois controlled substance license and federal registration
with the Drug Enforcement Administration to delegate the
authority to prescribe controlled substances.
(1) To prescribe Schedule II, III, IV, or V controlled
substances under this Section, a physician assistant must
obtain a mid-level practitioner controlled substances
license. Medication orders issued by a physician assistant
shall be reviewed periodically by the collaborating
physician.
(2) The collaborating physician shall file with the

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Department notice of delegation of prescriptive authority
to a physician assistant and termination of delegation,
specifying the authority delegated or terminated. Upon
receipt of this notice delegating authority to prescribe
controlled substances, the physician assistant shall be
eligible to register for a mid-level practitioner
controlled substances license under Section 303.05 of the
Illinois Controlled Substances Act. Nothing in this Act
shall be construed to limit the delegation of tasks or
duties by the collaborating physician to a nurse or other
appropriately trained persons in accordance with Section
54.2 of the Medical Practice Act of 1987.
(3) In addition to the requirements of this subsection
(b), a collaborating physician may, but is not required
to, delegate authority to a physician assistant to
prescribe Schedule II controlled substances, if all of the
following conditions apply:
(A) Specific Schedule II controlled substances by
oral dosage or topical or transdermal application may
be delegated, provided that the delegated Schedule II
controlled substances are routinely prescribed by the
collaborating physician. This delegation must identify
the specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection or
other route of administration may not be delegated.

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(B) (Blank).
(C) Any prescription must be limited to no more
than a 30-day supply, with any continuation authorized
only after prior approval of the collaborating
physician.
(D) The physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the collaborating
physician.
(E) The physician assistant meets the education
requirements of Section 303.05 of the Illinois
Controlled Substances Act.
(c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
Nothing in this Act shall be construed to authorize a
physician assistant to provide health care services required
by law or rule to be performed by a physician. Nothing in this
Act shall be construed to authorize the delegation or
performance of operative surgery. Nothing in this Section
shall be construed to preclude a physician assistant from
assisting in surgery.

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(c-5) Nothing in this Section shall be construed to apply
to any medication authority, including Schedule II controlled
substances of a licensed physician assistant for care provided
in a hospital, hospital affiliate, federally qualified health
center, or ambulatory surgical treatment center pursuant to
Section 7.7 of this Act.
(d) (Blank).
(e) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
revised 9-21-23.)
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under
this Act.

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(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant's inability to
practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to

HB4302 - 295 - LRB103 35621 LNS 65695 b
those set forth in this Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph (11)
affects any bona fide independent contractor or employment
arrangements, which may include provisions for
compensation, health insurance, pension, or other
employment benefits, with persons or entities authorized
under this Act for the provision of services within the
scope of the licensee's practice under this Act.
(12) A finding by the Board that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or
departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but

HB4302 - 296 - LRB103 35621 LNS 65695 b
not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception, or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her
by his or her collaborating physician in a written
collaborative agreement.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding

HB4302 - 297 - LRB103 35621 LNS 65695 b
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the
course of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance for other than
medically accepted therapeutic purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs or
ephedra as defined in the Ephedra Prohibition Act.
(31) Exceeding the prescriptive authority delegated by
the collaborating physician or violating the written
collaborative agreement delegating that authority.
(32) Practicing without providing to the Department a
notice of collaboration or delegation of prescriptive
authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.

HB4302 - 298 - LRB103 35621 LNS 65695 b
(34) Attempting to subvert or cheat on the examination
of the National Commission on Certification of Physician
Assistants or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient,
except as required by law.
(36) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(37) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(38) Failure to report to the Department an adverse
final action taken against him or her by another licensing
jurisdiction of the United States or a foreign state or
country, a peer review body, a health care institution, a
professional society or association, a governmental
agency, a law enforcement agency, or a court acts or
conduct similar to acts or conduct that would constitute
grounds for action under this Section.
(39) Failure to provide copies of records of patient
care or treatment, except as required by law.

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(40) Entering into an excessive number of written
collaborative agreements with licensed physicians
resulting in an inability to adequately collaborate.
(41) Repeated failure to adequately collaborate with a
collaborating physician.
(42) Violating the Compassionate Use of Medical
Cannabis Program Act.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty, or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a physician assistant based solely upon the
physician assistant providing, authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

HB4302 - 300 - LRB103 35621 LNS 65695 b
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a physician assistant based upon the physician
assistant's license being revoked or suspended, or the
physician assistant being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the physician assistant
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for a physician assistant practicing
in Illinois.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not constitute grounds for suspension under
Section 22.13.
(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this

HB4302 - 301 - LRB103 35621 LNS 65695 b
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to

HB4302 - 302 - LRB103 35621 LNS 65695 b
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the

HB4302 - 303 - LRB103 35621 LNS 65695 b
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,

HB4302 - 304 - LRB103 35621 LNS 65695 b
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(e) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board, shall not be
subject to criminal prosecution or civil damages as a result
of such actions.

HB4302 - 305 - LRB103 35621 LNS 65695 b
(f) Members of the Board shall be indemnified by the State
for any actions occurring within the scope of services on the
Board, done in good faith and not willful and wanton in nature.
The Attorney General shall defend all such actions unless he
or she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Board. Failure to so notify the
Attorney General constitutes an absolute waiver of the right
to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(g) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)

HB4302 - 306 - LRB103 35621 LNS 65695 b
Section 5-115. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended
by changing Section 80 as follows:
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 80. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act or rules adopted under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is

HB4302 - 307 - LRB103 35621 LNS 65695 b
directly related to the practice of the profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence in
the rendering of professional counseling or clinical
professional counseling services.
(6) Malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Habitual or excessive use or abuse of drugs as
defined in law as controlled substances, alcohol, or any
other substance which results in inability to practice
with reasonable skill, judgment, or safety.
(11) Discipline by another jurisdiction, the District
of Columbia, territory, county, or governmental agency, if
at least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Section.
(12) Directly or indirectly giving to or receiving

HB4302 - 308 - LRB103 35621 LNS 65695 b
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation.
(14) Abandonment of a client.
(15) Willfully filing false reports relating to a
licensee's practice, including, but not limited to, false
records filed with federal or State agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act and in matters
pertaining to suspected abuse, neglect, financial

HB4302 - 309 - LRB103 35621 LNS 65695 b
exploitation, or self-neglect of adults with disabilities
and older adults as set forth in the Adult Protective
Services Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of abilities and skills which
results in the inability to practice the profession with
reasonable judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(21) A finding that licensure has been applied for or
obtained by fraudulent means.
(22) Practicing under a false or, except as provided
by law, an assumed name.
(23) Gross and willful overcharging for professional
services including filing statements for collection of
fees or monies for which services are not rendered.

HB4302 - 310 - LRB103 35621 LNS 65695 b
(24) Rendering professional counseling or clinical
professional counseling services without a license or
practicing outside the scope of a license.
(25) Clinical supervisors failing to adequately and
responsibly monitor supervisees.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) (Blank).
(b-5) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(b-10) In cases where the Department of Healthcare and
Family Services has previously determined a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license

HB4302 - 311 - LRB103 35621 LNS 65695 b
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(c) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court that
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Secretary that the licensee be allowed to resume
professional practice.
(c-1) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based solely upon the professional counselor or
clinical professional counselor authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether

HB4302 - 312 - LRB103 35621 LNS 65695 b
the patient was a resident of this State or another state.
(c-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based upon the professional counselor's or clinical
professional counselor's license being revoked or suspended,
or the professional counselor or clinical professional
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was
based solely on the professional counselor or clinical
professional counselor violating another state's laws
prohibiting the provision of, authorization of, recommendation
of, aiding or assisting in, referring for, or participation in
any health care service if that health care service as
provided would not have been unlawful under the laws of this
State and is consistent with the standards of conduct for a
professional counselor or clinical professional counselor
practicing in Illinois.
(c-3) The conduct specified in subsections (c-1) and (c-2)
shall not constitute grounds for suspension under Section 145.
(c-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the

HB4302 - 313 - LRB103 35621 LNS 65695 b
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(c-5) In enforcing this Act, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician
to present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches.
Failure of an individual to submit to a mental or physical

HB4302 - 314 - LRB103 35621 LNS 65695 b
examination, when directed, shall result in an automatic
suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (c-5), the Department may require that individual
to submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.

HB4302 - 315 - LRB103 35621 LNS 65695 b
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited
to, deterioration through the aging process or loss of motor
skill, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable

HB4302 - 316 - LRB103 35621 LNS 65695 b
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(d) (Blank).
(e) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)
Section 5-120. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 75 as follows:
(225 ILCS 130/75)
(Text of Section before amendment by P.A. 103-387)
(Section scheduled to be repealed on January 1, 2029)
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore
a registration, may revoke or suspend a registration, or may
place on probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person registered
under this Act, including, but not limited to, the imposition

HB4302 - 317 - LRB103 35621 LNS 65695 b
of fines not to exceed $10,000 for each violation and the
assessment of costs as provided for in Section 90, for any one
or combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating a provision of this Act or rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for,
renewing, restoring, reinstating, or procuring a
registration under this Act.
(5) Aiding or assisting another person in violating a
provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the

HB4302 - 318 - LRB103 35621 LNS 65695 b
Department.
(8) Discipline by another United States jurisdiction,
governmental agency, unit of government, or foreign
nation, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in
this Section.
(9) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (9) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the registrant's practice under this
Act. Nothing in this paragraph (9) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(10) A finding by the Department that the registrant,
after having his or her registration placed on
probationary status, has violated the terms of probation.
(11) Willfully making or filing false records or
reports in his or her practice, including, but not limited

HB4302 - 319 - LRB103 35621 LNS 65695 b
to, false records or reports filed with State agencies.
(12) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Willfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
registrant has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(15) (Blank).
(16) Failure to report to the Department (A) any
adverse final action taken against the registrant by
another registering or licensing jurisdiction, government
agency, law enforcement agency, or any court or (B)
liability for conduct that would constitute grounds for
action as set forth in this Section.
(17) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(18) Physical or mental illness, including, but not
limited to, deterioration through the aging process or

HB4302 - 320 - LRB103 35621 LNS 65695 b
loss of motor skills, which results in the inability to
practice the profession for which he or she is registered
with reasonable judgment, skill, or safety.
(19) Gross malpractice.
(20) Immoral conduct in the commission of an act
related to the registrant's practice, including, but not
limited to, sexual abuse, sexual misconduct, or sexual
exploitation.
(21) Violation of the Health Care Worker Self-Referral
Act.
(b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Regulation Law of the Civil
Administrative Code of Illinois.
(b-1) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based solely upon the registered surgical
assistant or registered surgical technologist providing,

HB4302 - 321 - LRB103 35621 LNS 65695 b
authorizing, recommending, aiding, assisting, referring for,
or otherwise participating in any health care service, so long
as the care was not unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
(b-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based upon the registered surgical assistant's or
registered surgical technologist's license being revoked or
suspended, or the registered surgical assistant's or
registered surgical technologist's being otherwise disciplined
by any other state, if that revocation, suspension, or other
form of discipline was based solely on the registered surgical
assistant or registered surgical technologist violating
another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for the registered surgical assistant
or registered surgical technologist practicing in this State.
(b-3) The conduct specified in subsection (b-1) or (b-2)
shall not constitute grounds for suspension under Section 145.

HB4302 - 322 - LRB103 35621 LNS 65695 b
(b-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State. Nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a registrant
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the
patient, and (3) filing of a petition for restoration
demonstrating fitness to practice.
(d) (Blank).
(e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential

HB4302 - 323 - LRB103 35621 LNS 65695 b
registrant is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's registration or may
take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
and evaluation, or both, that may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation,
or both. The multidisciplinary team shall be led by a
physician licensed to practice medicine in all of its branches
and may consist of one or more or a combination of physicians
licensed to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical

HB4302 - 324 - LRB103 35621 LNS 65695 b
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining
physician or any member of the multidisciplinary team. No
authorization is necessary from the registrant or applicant
ordered to undergo an evaluation and examination for the

HB4302 - 325 - LRB103 35621 LNS 65695 b
examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation. The individual to be examined may
have, at his or her own expense, another physician of his or
her choice present during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of
the reasons set forth in this Section, the Department shall
require such registrant to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed registration.
When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals registered under this Act and affected under

HB4302 - 326 - LRB103 35621 LNS 65695 b
this Section shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their registration.
(g) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
(f) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; revised 8-30-23.)
(Text of Section after amendment by P.A. 103-387)
(Section scheduled to be repealed on January 1, 2029)
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore
a registration, may revoke or suspend a registration, or may
place on probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person registered
under this Act, including, but not limited to, the imposition
of fines not to exceed $10,000 for each violation and the
assessment of costs as provided for in Section 90, for any one
or combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.

HB4302 - 327 - LRB103 35621 LNS 65695 b
(2) Violating a provision of this Act or rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for,
renewing, restoring, reinstating, or procuring a
registration under this Act.
(5) Aiding or assisting another person in violating a
provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another United States jurisdiction,
governmental agency, unit of government, or foreign
nation, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in

HB4302 - 328 - LRB103 35621 LNS 65695 b
this Section.
(9) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (9) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the registrant's practice under this
Act. Nothing in this paragraph (9) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(10) A finding by the Department that the registrant,
after having the registration placed on probationary
status, has violated the terms of probation.
(11) Willfully making or filing false records or
reports in the practice, including, but not limited to,
false records or reports filed with State agencies.
(12) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Willfully failing to report an instance of
suspected child abuse or neglect as required under the

HB4302 - 329 - LRB103 35621 LNS 65695 b
Abused and Neglected Child Reporting Act.
(14) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
registrant has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(15) (Blank).
(16) Failure to report to the Department (A) any
adverse final action taken against the registrant by
another registering or licensing jurisdiction, government
agency, law enforcement agency, or any court or (B)
liability for conduct that would constitute grounds for
action as set forth in this Section.
(17) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(18) Physical or mental illness, including, but not
limited to, deterioration through the aging process or
loss of motor skills, which results in the inability to
practice the profession for which the person is registered
with reasonable judgment, skill, or safety.
(19) Gross malpractice.
(20) Immoral conduct in the commission of an act

HB4302 - 330 - LRB103 35621 LNS 65695 b
related to the registrant's practice, including, but not
limited to, sexual abuse, sexual misconduct, or sexual
exploitation.
(21) Violation of the Health Care Worker Self-Referral
Act.
(b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Regulation Law of the Civil
Administrative Code of Illinois.
(b-1) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based solely upon the registered surgical
assistant or registered surgical technologist providing,
authorizing, recommending, aiding, assisting, referring for,
or otherwise participating in any health care service, so long
as the care was not unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.

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(b-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based upon the registered surgical assistant's or
registered surgical technologist's license being revoked or
suspended, or the registered surgical assistant's or
registered surgical technologist's being otherwise disciplined
by any other state, if that revocation, suspension, or other
form of discipline was based solely on the registered surgical
assistant or registered surgical technologist violating
another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for the registered surgical assistant
or registered surgical technologist practicing in this State.
(b-3) The conduct specified in subsection (b-1) or (b-2)
shall not constitute grounds for suspension under Section 145.
(b-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,

HB4302 - 332 - LRB103 35621 LNS 65695 b
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State. Nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a registrant
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the
patient, and (3) filing of a petition for restoration
demonstrating fitness to practice.
(d) (Blank).
(e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential
registrant is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's registration or may
take other disciplinary action against that person based

HB4302 - 333 - LRB103 35621 LNS 65695 b
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
and evaluation, or both, that may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation,
or both. The multidisciplinary team shall be led by a
physician licensed to practice medicine in all of its branches
and may consist of one or more or a combination of physicians
licensed to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing

HB4302 - 334 - LRB103 35621 LNS 65695 b
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining
physician or any member of the multidisciplinary team. No
authorization is necessary from the registrant or applicant
ordered to undergo an evaluation and examination for the
examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation. The individual to be examined may
have, at the individual's own expense, another physician of

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the individual's choice present during all aspects of the
examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of
the reasons set forth in this Section, the Department shall
require such registrant to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed registration.
When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals registered under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their registration.

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(g) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
(f) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
revised 8-30-23.)
Section 5-125. The Genetic Counselor Licensing Act is
amended by changing Section 95 as follows:
(225 ILCS 135/95)
(Section scheduled to be repealed on January 1, 2025)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.

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(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States: (i) that is a felony or
(ii) that is a misdemeanor, an essential element of which
is dishonesty, or that is directly related to the practice
of genetic counseling.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act or its rules.
(5) Negligence in the rendering of genetic counseling
services.
(6) Failure to provide genetic testing results and any
requested information to a referring physician licensed to
practice medicine in all its branches, advanced practice
registered nurse, or physician assistant.
(7) Aiding or assisting another person in violating
any provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.

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(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10.5) Failure to maintain client records of services
provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in inability to practice with
reasonable skill, judgment, or safety.
(13) Discipline by another governmental agency or unit
of government, by any jurisdiction of the United States,
or by a foreign nation, if at least one of the grounds for
the discipline is the same or substantially equivalent to
those set forth in this Section.
(14) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered. Nothing in this paragraph (14) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or

HB4302 - 339 - LRB103 35621 LNS 65695 b
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (14) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including, but not limited to, false
records filed with federal or State agencies or
departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(20) Physical or mental disability, including

HB4302 - 340 - LRB103 35621 LNS 65695 b
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty, or of interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or any successor agency or the
Internal Revenue Service or any successor agency.
(23) Fraud or making any misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or
monies for which services are not rendered.
(26) (Blank).
(27) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(28) Allowing one's license under this Act to be used

HB4302 - 341 - LRB103 35621 LNS 65695 b
by an unlicensed person in violation of this Act.
(b) (Blank).
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a genetic counselor based solely upon the genetic
counselor authorizing, recommending, aiding, assisting,
referring for, or otherwise participating in any health care
service, so long as the care was not unlawful under the laws of
this State, regardless of whether the patient was a resident
of this State or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a genetic counselor based upon the genetic
counselor's license being revoked or suspended, or the genetic
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was
based solely on the genetic counselor violating another
state's laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of

HB4302 - 342 - LRB103 35621 LNS 65695 b
conduct for the genetic counselor if it occurred in Illinois.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not constitute grounds for suspension under
Section 160.
(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(c) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court that
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the determination of the
Secretary that the licensee be allowed to resume professional

HB4302 - 343 - LRB103 35621 LNS 65695 b
practice.
(d) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Illinois Department of
Revenue until the requirements of the Act are satisfied in
accordance with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.

HB4302 - 344 - LRB103 35621 LNS 65695 b
(g) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-130. The Telehealth Act is amended by changing
Sections 10 and 15 as follows:
(225 ILCS 150/10)
Sec. 10. Practice authority. A health care professional
treating a patient located in this State through telehealth
services must be licensed or authorized to practice in
Illinois. A health care professional with a temporary permit
for full practice advanced practice registered nurse for
health care, a temporary permit for advanced practice
registered nurse for health care, or a temporary permit for
health care may treat a patient located in this State through
telehealth services in a manner consistent with the health
care professional's scope of practice and agreement with a
sponsoring entity.
(Source: P.A. 102-104, eff. 7-22-21; 102-1117, eff. 1-13-23.)
(225 ILCS 150/15)
Sec. 15. Use of telehealth services.
(a) A health care professional may engage in the practice
of telehealth services in Illinois to the extent of his or her

HB4302 - 345 - LRB103 35621 LNS 65695 b
scope of practice as established in his or her respective
licensing Act consistent with the standards of care for
in-person services. This Act shall not be construed to alter
the scope of practice of any health care professional or
authorize the delivery of health care services in a setting or
in a manner not otherwise authorized by the laws of this State.
(b) Telehealth services provided pursuant to this Section
shall be consistent with all federal and State privacy,
security, and confidentiality laws, rules, or regulations.
(c) A health care professional with a temporary permit for
full practice advanced practice registered nurse for health
care, a temporary permit for advanced practice registered
nurse for health care, or a temporary permit for health care
may treat a patient located in this State through telehealth
services in a manner consistent with the health care
professional's scope of practice and agreement with a
sponsoring entity.
(Source: P.A. 102-104, eff. 7-22-21; 102-1117, eff. 1-13-23.)
Section 5-135. The Illinois Public Aid Code is amended by
changing Section 5-16.8 as follows:
(305 ILCS 5/5-16.8)
(Text of Section before amendment by P.A. 103-84, 103-91,
and 103-420)
Sec. 5-16.8. Required health benefits. The medical

HB4302 - 346 - LRB103 35621 LNS 65695 b
assistance program shall (i) provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
356z.47, 356z.51, 356z.53, 356z.56, and 356z.59, and 356z.60
of the Illinois Insurance Code, (ii) be subject to the
provisions of Sections 356z.19, 356z.44, 356z.49, 364.01,
370c, and 370c.1 of the Illinois Insurance Code, and (iii) be
subject to the provisions of subsection (d-5) of Section 10 of
the Network Adequacy and Transparency Act.
The Department, by rule, shall adopt a model similar to
the requirements of Section 356z.39 of the Illinois Insurance
Code.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.
To ensure full access to the benefits set forth in this
Section, on and after January 1, 2016, the Department shall
ensure that provider and hospital reimbursement for
post-mastectomy care benefits required under this Section are
no lower than the Medicare reimbursement rate.
(Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20;
101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff.

HB4302 - 347 - LRB103 35621 LNS 65695 b
1-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144,
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
102-530, eff. 1-1-22; 102-642, eff. 1-1-22; 102-804, eff.
1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093,
eff. 1-1-23; 102-1117, eff. 1-13-23.)
(Text of Section after amendment by P.A. 103-84, 103-91,
and 103-420)
Sec. 5-16.8. Required health benefits. The medical
assistance program shall (i) provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and
356z.61, 356z.64, and 356z.67 of the Illinois Insurance Code,
(ii) be subject to the provisions of Sections 356z.19,
356z.44, 356z.49, 364.01, 370c, and 370c.1 of the Illinois
Insurance Code, and (iii) be subject to the provisions of
subsection (d-5) of Section 10 of the Network Adequacy and
Transparency Act.
The Department, by rule, shall adopt a model similar to
the requirements of Section 356z.39 of the Illinois Insurance
Code.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter

HB4302 - 348 - LRB103 35621 LNS 65695 b
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.
To ensure full access to the benefits set forth in this
Section, on and after January 1, 2016, the Department shall
ensure that provider and hospital reimbursement for
post-mastectomy care benefits required under this Section are
no lower than the Medicare reimbursement rate.
(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.
1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,
eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;
102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
1-1-24; 103-420, eff. 1-1-24; revised 8-29-23.)
Section 5-140. The Sexual Assault Survivors Emergency
Treatment Act is amended by adding Section 9.1 as follows:
(410 ILCS 70/9.1 new)
Sec. 9.1. No abortion services required. Nothing in this
Act shall be construed to require a hospital or an approved
pediatric health care facility to provide any services which
relate to an abortion.
Section 5-145. The Consent by Minors to Health Care
Services Act is amended by changing Section 1.5 as follows:

HB4302 - 349 - LRB103 35621 LNS 65695 b
(410 ILCS 210/1.5)
Sec. 1.5. Consent by minor seeking care for limited
primary care services.
(a) The consent to the performance of primary care
services by a physician licensed to practice medicine in all
its branches, a licensed advanced practice registered nurse, a
licensed physician assistant, a chiropractic physician, or a
licensed optometrist executed by a minor seeking care is not
voidable because of such minority, and for such purpose, a
minor seeking care is deemed to have the same legal capacity to
act and has the same powers and obligations as has a person of
legal age under the following circumstances:
(1) the health care professional reasonably believes
that the minor seeking care understands the benefits and
risks of any proposed primary care or services; and
(2) the minor seeking care is identified in writing as
a minor seeking care by:
(A) an adult relative;
(B) a representative of a homeless service agency
that receives federal, State, county, or municipal
funding to provide those services or that is otherwise
sanctioned by a local continuum of care;
(C) an attorney licensed to practice law in this
State;
(D) a public school homeless liaison or school

HB4302 - 350 - LRB103 35621 LNS 65695 b
social worker;
(E) a social service agency providing services to
at risk, homeless, or runaway youth; or
(F) a representative of a religious organization.
(b) A health care professional rendering primary care
services under this Section shall not incur civil or criminal
liability for failure to obtain valid consent or professional
discipline for failure to obtain valid consent if he or she
relied in good faith on the representations made by the minor
or the information provided under paragraph (2) of subsection
(a) of this Section. Under such circumstances, good faith
shall be presumed.
(c) The confidential nature of any communication between a
health care professional described in Section 1 of this Act
and a minor seeking care is not waived (1) by the presence, at
the time of communication, of any additional persons present
at the request of the minor seeking care, (2) by the health
care professional's disclosure of confidential information to
the additional person with the consent of the minor seeking
care, when reasonably necessary to accomplish the purpose for
which the additional person is consulted, or (3) by the health
care professional billing a health benefit insurance or plan
under which the minor seeking care is insured, is enrolled, or
has coverage for the services provided.
(d) Nothing in this Section shall be construed to limit or
expand a minor's existing powers and obligations under any

HB4302 - 351 - LRB103 35621 LNS 65695 b
federal, State, or local law. Nothing in this Section shall be
construed to affect the Parental Notice of Abortion Act of
2024. Nothing in this Section affects the right or authority
of a parent or legal guardian to verbally, in writing, or
otherwise authorize health care services to be provided for a
minor in their absence.
(e) For the purposes of this Section:
"Minor seeking care" means a person at least 14 years of
age but less than 18 years of age who is living separate and
apart from his or her parents or legal guardian, whether with
or without the consent of a parent or legal guardian who is
unable or unwilling to return to the residence of a parent, and
managing his or her own personal affairs. "Minor seeking care"
does not include minors who are under the protective custody,
temporary custody, or guardianship of the Department of
Children and Family Services.
"Primary care services" means health care services that
include screening, counseling, immunizations, medication, and
treatment of illness and conditions customarily provided by
licensed health care professionals in an out-patient setting,
eye care services, excluding advanced optometric procedures,
provided by optometrists, and services provided by
chiropractic physicians according to the scope of practice of
chiropractic physicians under the Medical Practice Act of
1987. "Primary care services" does not include invasive care,
beyond standard injections, laceration care, or non-surgical

HB4302 - 352 - LRB103 35621 LNS 65695 b
fracture care.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-150. The Vital Records Act is amended by
changing Section 1 as follows:
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
Sec. 1. As used in this Act, unless the context otherwise
requires:
(1) "Vital records" means records of births, deaths, fetal
deaths, marriages, dissolution of marriages, and data related
thereto.
(2) "System of vital records" includes the registration,
collection, preservation, amendment, and certification of
vital records, and activities related thereto.
(3) "Filing" means the presentation of a certificate,
report, or other record provided for in this Act, of a birth,
death, fetal death, adoption, marriage, or dissolution of
marriage, for registration by the Office of Vital Records.
(4) "Registration" means the acceptance by the Office of
Vital Records and the incorporation in its official records of
certificates, reports, or other records provided for in this
Act, of births, deaths, fetal deaths, adoptions, marriages, or
dissolution of marriages.
(5) "Live birth" means the complete expulsion or
extraction from its mother of a product of human conception,

HB4302 - 353 - LRB103 35621 LNS 65695 b
irrespective of the duration of pregnancy, which after such
separation breathes or shows any other evidence of life such
as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles, whether or not the
umbilical cord has been cut or the placenta is attached.
(6) "Fetal death" means death prior to the complete
expulsion or extraction from its mother the uterus of a
product of human conception, irrespective of the duration of
pregnancy; the , and which is not due to an abortion as defined
in Section 1-10 of the Reproductive Health Act. The death is
indicated by the fact that after such separation the fetus
does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles.
(7) "Dead body" means a lifeless human body or parts of
such body or bones thereof from the state of which it may
reasonably be concluded that death has occurred.
(8) "Final disposition" means the burial, cremation, or
other disposition of a dead human body or fetus or parts
thereof.
(9) "Physician" means a person licensed to practice
medicine in Illinois or any other state.
(10) "Institution" means any establishment, public or
private, which provides in-patient medical, surgical, or
diagnostic care or treatment, or nursing, custodial, or
domiciliary care to 2 or more unrelated individuals, or to

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which persons are committed by law.
(11) "Department" means the Department of Public Health of
the State of Illinois.
(12) "Director" means the Director of the Illinois
Department of Public Health.
(13) "Licensed health care professional" means a person
licensed to practice as a physician, advanced practice
registered nurse, or physician assistant in Illinois or any
other state.
(14) "Licensed mental health professional" means a person
who is licensed or registered to provide mental health
services by the Department of Financial and Professional
Regulation or a board of registration duly authorized to
register or grant licenses to persons engaged in the practice
of providing mental health services in Illinois or any other
state.
(15) "Intersex condition" means a condition in which a
person is born with a reproductive or sexual anatomy or
chromosome pattern that does not fit typical definitions of
male or female.
(16) "Homeless person" means an individual who meets the
definition of "homeless" under Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
individual residing in any of the living situations described
in 42 U.S.C. 11434a(2).
(17) "Advanced practice registered nurse" means: (i) an

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advanced practice registered nurse with full practice
authority; or (ii) an advanced practice registered nurse with
a collaborative agreement with a physician who has delegated
the completion of death certificates.
(18) "Certifying health care professional" means a
physician, physician assistant, or advanced practice
registered nurse.
(19) "Physician assistant" means a physician assistant who
practices in accordance with a written collaborative agreement
that includes the completion of death certificates.
(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22;
102-844, eff. 1-1-23.)
Section 5-155. The Environmental Protection Act is amended
by changing Section 56.1 as follows:
(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(a) Cause or allow the disposal of any potentially
infectious medical waste. Sharps may be disposed in any
landfill permitted by the Agency under Section 21 of this
Act to accept municipal waste for disposal, if both:
(1) the infectious potential has been eliminated
from the sharps by treatment; and
(2) the sharps are packaged in accordance with

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Board regulations.
(b) Cause or allow the delivery of any potentially
infectious medical waste for transport, storage,
treatment, or transfer except in accordance with Board
regulations.
(c) Beginning July 1, 1992, cause or allow the
delivery of any potentially infectious medical waste to a
person or facility for storage, treatment, or transfer
that does not have a permit issued by the agency to receive
potentially infectious medical waste, unless no permit is
required under subsection (g)(1).
(d) Beginning July 1, 1992, cause or allow the
delivery or transfer of any potentially infectious medical
waste for transport unless:
(1) the transporter has a permit issued by the
Agency to transport potentially infectious medical
waste, or the transporter is exempt from the permit
requirement set forth in subsection (f)(l).
(2) a potentially infectious medical waste
manifest is completed for the waste if a manifest is
required under subsection (h).
(e) Cause or allow the acceptance of any potentially
infectious medical waste for purposes of transport,
storage, treatment, or transfer except in accordance with
Board regulations.
(f) Beginning July 1, 1992, conduct any potentially

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infectious medical waste transportation operation:
(1) Without a permit issued by the Agency to
transport potentially infectious medical waste. No
permit is required under this provision (f)(1) for:
(A) a person transporting potentially
infectious medical waste generated solely by that
person's activities;
(B) noncommercial transportation of less than
50 pounds of potentially infectious medical waste
at any one time; or
(C) the U.S. Postal Service.
(2) In violation of any condition of any permit
issued by the Agency under this Act.
(3) In violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(g) Beginning July 1, 1992, conduct any potentially
infectious medical waste treatment, storage, or transfer
operation:
(1) without a permit issued by the Agency that
specifically authorizes the treatment, storage, or
transfer of potentially infectious medical waste. No
permit is required under this subsection (g) or
subsection (d)(1) of Section 21 for any:
(A) Person conducting a potentially infectious

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medical waste treatment, storage, or transfer
operation for potentially infectious medical waste
generated by the person's own activities that are
treated, stored, or transferred within the site
where the potentially infectious medical waste is
generated.
(B) Hospital that treats, stores, or transfers
only potentially infectious medical waste
generated by its own activities or by members of
its medical staff.
(C) Sharps collection station that is operated
in accordance with Section 56.7.
(2) in violation of any condition of any permit
issued by the Agency under this Act.
(3) in violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(h) Transport potentially infectious medical waste
unless the transporter carries a completed potentially
infectious medical waste manifest. No manifest is required
for the transportation of:
(1) potentially infectious medical waste being
transported by generators who generated the waste by
their own activities, when the potentially infectious
medical waste is transported within or between sites

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or facilities owned, controlled, or operated by that
person;
(2) less than 50 pounds of potentially infectious
medical waste at any one time for a noncommercial
transportation activity; or
(3) potentially infectious medical waste by the
U.S. Postal Service.
(i) Offer for transportation, transport, deliver,
receive, or accept potentially infectious medical waste
for which a manifest is required, unless the manifest
indicates that the fee required under Section 56.4 of this
Act has been paid.
(j) Beginning January 1, 1994, conduct a potentially
infectious medical waste treatment operation at an
incinerator in existence on the effective date of this
Title in violation of emission standards established for
these incinerators under Section 129 of the Clean Air Act
(42 USC 7429), as amended.
(k) Beginning July 1, 2015, knowingly mix household
sharps, including, but not limited to, hypodermic,
intravenous, or other medical needles or syringes or other
medical household waste containing used or unused sharps,
including, but not limited to, hypodermic, intravenous, or
other medical needles or syringes or other sharps, with
any other material intended for collection as a recyclable
material by a residential hauler.

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(l) Beginning on July 1, 2015, knowingly place
household sharps into a container intended for collection
by a residential hauler for processing at a recycling
center.
(B) In making its orders and determinations relative to
penalties, if any, to be imposed for violating subdivision
(A)(a) of this Section, the Board, in addition to the factors
in Sections 33(c) and 42(h) of this Act, or the Court shall
take into consideration whether the owner or operator of the
landfill reasonably relied on written statements from the
person generating or treating the waste that the waste is not
potentially infectious medical waste.
(C) Notwithstanding subsection (A) or any other provision
of law, including the Vital Records Act, tissue and products
from an abortion, as defined in Section 1-10 of the
Reproductive Health Act, or a miscarriage may be buried,
entombed, or cremated.
(Source: P.A. 101-13, eff. 6-12-19.)
Section 5-160. The Illinois Vehicle Code is amended by
changing Section 2-130 as follows:
(625 ILCS 5/2-130)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2-130. User of automated license plate readers;

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prohibitions.
(a) As used in this Section:
"Automated license plate reader" or "ALPR" means an
electronic device that is mounted on a law enforcement vehicle
or positioned in a stationary location and that is capable of
recording data on or taking a photograph of a vehicle or its
license plate and comparing the collected data and photographs
to existing law enforcement databases for investigative
purposes. "ALPR" includes a device that is owned or operated
by a person or an entity other than a law enforcement agency to
the extent that data collected by the reader is shared with a
law enforcement agency.
"ALPR information" means information gathered by an ALPR
or created from the analysis of data generated by an ALPR.
"ALPR systems" means multi-agency or vendor agreements
that allow the sharing of ALPR information collected in
Illinois.
"ALPR user" means a person or entity that owns or operates
an ALPR device.
"Law enforcement agency" means a State or local agency,
unit of local government, or private entity charged with the
enforcement of State, county, or municipal laws or with
managing custody of detained persons in any state or
jurisdiction.
(b) An ALPR user shall not sell, share, allow access to, or
transfer ALPR information to any state or local jurisdiction

HB4302 - 362 - LRB103 35621 LNS 65695 b
for the purpose of investigating or enforcing a law that:
(1) (blank) denies or interferes with a person's right
to choose or obtain reproductive health care services or
any lawful health care services as defined by the Lawful
Health Care Activity Act; or
(2) permits the detention or investigation of a person
based on the person's immigration status.
(c) Any ALPR user in this State, including any law
enforcement agency of this State that uses ALPR systems, shall
not share ALPR information with an out-of-state law
enforcement agency without first obtaining a written
declaration from the out-of-state law enforcement agency that
it expressly affirms that ALPR information obtained shall not
be used in a manner that violates subsection (b). If a written
declaration of affirmation is not executed, the law
enforcement agency shall not share the ALPR information with
the out-of-state law enforcement agency.
(d) ALPR information shall be held confidentially to the
fullest extent permitted by law.
(e) (Blank). Nothing in this Act shall define or limit any
rights under the Reproductive Health Act.
(Source: P.A. 103-540, eff. 1-1-24.)
Section 5-165. The Criminal Code of 2012 is amended by
changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:

HB4302 - 363 - LRB103 35621 LNS 65695 b
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional homicide of an unborn child.
(a) A person commits the offense of intentional homicide
of an unborn child if, in performing acts which cause the death
of an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great
bodily harm to the pregnant woman individual or her unborn
child or knew that such acts would cause death or great
bodily harm to the pregnant woman individual or her unborn
child; or
(2) knew that his acts created a strong probability of
death or great bodily harm to the pregnant woman
individual or her unborn child; and
(3) knew that the woman individual was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
the implantation of an embryo until birth, and (2) "person"
shall not include the pregnant woman whose unborn child is
killed.
(c) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-5 of the Illinois
Abortion Law of 2024 1-10 of the Reproductive Health Act, to
which the pregnant woman individual has consented. This
Section shall not apply to acts which were committed pursuant
to usual and customary standards of medical practice during

HB4302 - 364 - LRB103 35621 LNS 65695 b
diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an
unborn child shall be the same as for first degree murder,
except that:
(1) (blank);
(2) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other
provision of law.
(Source: P.A. 103-51, eff. 1-1-24.)
(720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child.
(a) A person who kills an unborn child without lawful
justification commits voluntary manslaughter of an unborn

HB4302 - 365 - LRB103 35621 LNS 65695 b
child if at the time of the killing he is acting under a sudden
and intense passion resulting from serious provocation by
another whom the offender endeavors to kill, but he
negligently or accidentally causes the death of the unborn
child.
Serious provocation is conduct sufficient to excite an
intense passion in a reasonable person.
(b) A person who intentionally or knowingly kills an
unborn child commits voluntary manslaughter of an unborn child
if at the time of the killing he believes the circumstances to
be such that, if they existed, would justify or exonerate the
killing under the principles stated in Article 7 of this Code,
but his belief is unreasonable.
(c) Sentence. Voluntary Manslaughter of an unborn child is
a Class 1 felony.
(d) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
the implantation of an embryo until birth, and (2) "person"
shall not include the pregnant woman individual whose unborn
child is killed.
(e) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-5 of the Illinois
Abortion Law of 2024 1-10 of the Reproductive Health Act, to
which the pregnant woman individual has consented. This
Section shall not apply to acts which were committed pursuant

HB4302 - 366 - LRB103 35621 LNS 65695 b
to usual and customary standards of medical practice during
diagnostic testing or therapeutic treatment.
(Source: P.A. 101-13, eff. 6-12-19.)
(720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
Sec. 9-3.2. Involuntary manslaughter and reckless homicide
of an unborn child.
(a) A person who unintentionally kills an unborn child
without lawful justification commits involuntary manslaughter
of an unborn child if his acts whether lawful or unlawful which
cause the death are such as are likely to cause death or great
bodily harm to some individual, and he performs them
recklessly, except in cases in which the cause of death
consists of the driving of a motor vehicle, in which case the
person commits reckless homicide of an unborn child.
(b) Sentence.
(1) Involuntary manslaughter of an unborn child is a
Class 3 felony.
(2) Reckless homicide of an unborn child is a Class 3
felony.
(c) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
the implantation of an embryo until birth, and (2) "person"
shall not include the pregnant woman individual whose unborn
child is killed.
(d) This Section shall not apply to acts which cause the

HB4302 - 367 - LRB103 35621 LNS 65695 b
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-5 of the Illinois
Abortion Law of 2024 1-10 of the Reproductive Health Act, to
which the pregnant woman individual has consented. This
Section shall not apply to acts which were committed pursuant
to usual and customary standards of medical practice during
diagnostic testing or therapeutic treatment.
(e) The provisions of this Section shall not be construed
to prohibit the prosecution of any person under any other
provision of law, nor shall it be construed to preclude any
civil cause of action.
(Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
(720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
Sec. 12-3.1. Battery of an unborn child; aggravated
battery of an unborn child.
(a) A person commits battery of an unborn child if he or
she knowingly without legal justification and by any means
causes bodily harm to an unborn child.
(a-5) A person commits aggravated battery of an unborn
child when, in committing a battery of an unborn child, he or
she knowingly causes great bodily harm or permanent disability
or disfigurement to an unborn child.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
the implantation of an embryo until birth, and (2) "person"

HB4302 - 368 - LRB103 35621 LNS 65695 b
shall not include the pregnant woman individual whose unborn
child is harmed.
(c) Sentence. Battery of an unborn child is a Class A
misdemeanor. Aggravated battery of an unborn child is a Class
2 felony.
(d) This Section shall not apply to acts which cause
bodily harm to an unborn child if those acts were committed
during any abortion, as defined in Section 1-5 of the Illinois
Abortion Law of 2024 1-10 of the Reproductive Health Act, to
which the pregnant woman individual has consented. This
Section shall not apply to acts which were committed pursuant
to usual and customary standards of medical practice during
diagnostic testing or therapeutic treatment.
(Source: P.A. 101-13, eff. 6-12-19.)
Section 5-170. The Uniform Act to Secure the Attendance of
Witnesses from Within or Without a State in Criminal
Proceedings is amended by changing Section 2 as follows:
(725 ILCS 220/2) (from Ch. 38, par. 156-2)
Sec. 2. Summoning witness in this State state to testify
in another state.
If a judge of a court of record in any state which by its
laws has made provision for commanding persons within that
state to attend and testify in this State state certifies
under the seal of such court that there is a criminal

HB4302 - 369 - LRB103 35621 LNS 65695 b
prosecution pending in such court, or that a grand jury
investigation has commenced or is about to commence, that a
person being within this State state is a material witness in
such prosecution, or grand jury investigation, and his
presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court in the
county in which such person is, such judge shall fix a time and
place for a hearing, and shall make an order directing the
witness to appear at a time and place certain for the hearing.
If at a hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship
to the witness to be compelled to attend and testify in the
prosecution or a grand jury investigation in the other state,
and that the laws of the state in which the prosecution is
pending, or grand jury investigation has commenced or is about
to commence (and of any other state through which the witness
may be required to pass by ordinary course of travel), will
give to him protection from arrest and the service of civil and
criminal process, he shall issue a summons, with a copy of the
certificate attached, directing the witness to attend and
testify in the court where the prosecution is pending, or
where a grand jury investigation has commenced or is about to
commence at a time and place specified in the summons. In any
such hearing the certificate shall be prima facie evidence of
all the facts stated therein.
If said certificate recommends that the witness be taken

HB4302 - 370 - LRB103 35621 LNS 65695 b
into immediate custody and delivered to an officer of the
requesting state to assure his attendance in the requesting
state, such judge may, in lieu of notification of the hearing,
direct that such witness be forthwith brought before him for
said hearing; and the judge at the hearing being satisfied of
the desirability of such custody and delivery, for which
determination the certificate shall be prima facie proof of
such desirability may, in lieu of issuing subpoena or summons,
order that said witness be forthwith taken into custody and
delivered to an officer of the requesting state.
No subpoena, summons, or order shall be issued for a
witness to provide information or testimony in relation to any
proceeding if the charge is based on conduct that involves
lawful health care activity, as defined by the Lawful Health
Care Activity Act, that is not unlawful under the laws of this
State. This limitation does not apply for the purpose of
complying with obligations under Brady v. Maryland (373 U.S.
83) or Giglio v. United States (405 U.S. 150).
If the witness, who is summoned as above provided, after
being paid or tendered by some properly authorized person the
sum of 10 cents a mile for each mile by the ordinary travel
route to and from the court where the prosecution is pending
and five dollars for each day that he is required to travel and
attend as a witness, fails without good cause to attend and
testify as directed in the summons, he shall be punished in the
manner provided for the punishment of any witness who disobeys

HB4302 - 371 - LRB103 35621 LNS 65695 b
a summons issued from a court in this state.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-175. The Uniform Criminal Extradition Act is
amended by changing Section 6 as follows:
(725 ILCS 225/6) (from Ch. 60, par. 23)
Sec. 6. Extradition of persons not present in demanding
state at time of commission of crime.
The Governor of this State may also surrender, on demand
of the Executive Authority of any other state, any person in
this State charged in such other state in the manner provided
in Section 3 with committing an act in this State, or in a
third state, intentionally resulting in a crime in the state
whose Executive Authority is making the demand. However, the
Governor of this State shall not surrender such a person if the
charge is based on conduct that involves seeking, providing,
receiving, assisting in seeking, providing, or receiving,
providing material support for, or traveling to obtain lawful
health care, as defined by Section 28-10 of the Lawful Health
Care Activity Act, that is not unlawful under the laws of this
State, including a charge based on any theory of vicarious,
joint, several, or conspiracy liability.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-180. The Code of Civil Procedure is amended by

HB4302 - 372 - LRB103 35621 LNS 65695 b
changing Section 8-802 and by adding Section 11-107.1a as
follows:
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
Sec. 8-802. Physician and patient. No physician or surgeon
shall be permitted to disclose any information he or she may
have acquired in attending any patient in a professional
character, necessary to enable him or her professionally to
serve the patient, except only (1) in trials for homicide when
the disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in actions, civil or
criminal, against the physician for malpractice, (3) with the
expressed consent of the patient, or in case of his or her
death or disability, of his or her personal representative or
other person authorized to sue for personal injury or of the
beneficiary of an insurance policy on his or her life, health,
or physical condition, or as authorized by Section 8-2001.5,
(4) in all actions brought by or against the patient, his or
her personal representative, a beneficiary under a policy of
insurance, or the executor or administrator of his or her
estate wherein the patient's physical or mental condition is
an issue, (5) upon an issue as to the validity of a document as
a will of the patient, (6) in any criminal action where the
charge is either first degree murder by abortion, attempted
abortion, or abortion (blank), (7) in actions, civil or
criminal, arising from the filing of a report in compliance

HB4302 - 373 - LRB103 35621 LNS 65695 b
with the Abused and Neglected Child Reporting Act, (8) to any
department, agency, institution, or facility which has custody
of the patient pursuant to State statute or any court order of
commitment, (9) in prosecutions where written results of blood
alcohol tests are admissible pursuant to Section 11-501.4 of
the Illinois Vehicle Code, (10) in prosecutions where written
results of blood alcohol tests are admissible under Section
5-11a of the Boat Registration and Safety Act, (11) in
criminal actions arising from the filing of a report of
suspected terrorist offense in compliance with Section
29D-10(p)(7) of the Criminal Code of 2012, (12) upon the
issuance of a subpoena pursuant to Section 38 of the Medical
Practice Act of 1987; the issuance of a subpoena pursuant to
Section 25.1 of the Illinois Dental Practice Act; the issuance
of a subpoena pursuant to Section 22 of the Nursing Home
Administrators Licensing and Disciplinary Act; or the issuance
of a subpoena pursuant to Section 25.5 of the Workers'
Compensation Act, (13) upon the issuance of a grand jury
subpoena pursuant to Article 112 of the Code of Criminal
Procedure of 1963, or (14) to or through a health information
exchange, as that term is defined in Section 2 of the Mental
Health and Developmental Disabilities Confidentiality Act, in
accordance with State or federal law.
Upon disclosure under item (13) of this Section, in any
criminal action where the charge is domestic battery,
aggravated domestic battery, or an offense under Article 11 of

HB4302 - 374 - LRB103 35621 LNS 65695 b
the Criminal Code of 2012 or where the patient is under the age
of 18 years or upon the request of the patient, the State's
Attorney shall petition the court for a protective order
pursuant to Supreme Court Rule 415.
In the event of a conflict between the application of this
Section and the Mental Health and Developmental Disabilities
Confidentiality Act to a specific situation, the provisions of
the Mental Health and Developmental Disabilities
Confidentiality Act shall control.
(Source: P.A. 101-13, eff. 6-12-19.)
(735 ILCS 5/11-107.1a new)
Sec. 11-107.1a. Injunctive relief for the father of an
unborn child in an abortion related decision by the mother. In
any case when a married woman wishes to have an abortion
performed upon her, and her spouse, who is the father of the
unborn child, is opposed to the performance of that abortion,
a court may hear testimony from both parties and balance the
rights and interests of those parties.
When the interests of the husband in preventing the
abortion outweigh those of the wife in having an abortion
performed after the unborn child is viable, the court may
issue an injunction against the performance of the abortion
but only where the court makes a finding that the mother's life
or physical health are not in danger.

HB4302 - 375 - LRB103 35621 LNS 65695 b
Section 5-185. The Uniform Interstate Depositions and
Discovery Act is amended by changing Section 3 as follows:
(735 ILCS 35/3)
Sec. 3. Issuance of subpoena.
(a) To request issuance of a subpoena under this Section,
a party must submit a foreign subpoena to a clerk of court in
the county in which discovery is sought to be conducted in this
State. A request for the issuance of a subpoena under this Act
does not constitute an appearance in the courts of this State.
(b) When a party submits a foreign subpoena to a clerk of
court in this State, the clerk, in accordance with that
court's procedure, shall promptly issue a subpoena for service
upon the person to which the foreign subpoena is directed
unless issuance is prohibited by Section 3.5.
(c) A subpoena under subsection (b) must:
(A) incorporate the terms used in the foreign
subpoena; and
(B) contain or be accompanied by the names, addresses,
and telephone numbers of all counsel of record in the
proceeding to which the subpoena relates and of any party
not represented by counsel.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-190. The Wrongful Death Act is amended by
changing Section 2.2 as follows:

HB4302 - 376 - LRB103 35621 LNS 65695 b
(740 ILCS 180/2.2) (from Ch. 70, par. 2.2)
Sec. 2.2. The state of gestation or development of a human
being when an injury is caused, when an injury takes effect, or
at death, shall not foreclose maintenance of any cause of
action under the law of this State arising from the death of a
human being caused by wrongful act, neglect or default.
There shall be no cause of action against a physician or a
medical institution health care professional, a medical
institution, or the pregnant person for the wrongful death of
a fetus caused by an abortion where the abortion was permitted
by law and the requisite consent was lawfully given. Provided,
however, that a cause of action is not prohibited where the
fetus is live-born but subsequently dies.
There shall be no cause of action against a physician or a
medical institution for the wrongful death of a fetus based on
the alleged misconduct of the physician or medical institution
where the defendant did not know and, under the applicable
standard of good medical care, had no medical reason to know of
the pregnancy of the mother of the fetus.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-195. The Health Care Right of Conscience Act is
amended by changing Section 3 as follows:
(745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)

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Sec. 3. Definitions. As used in this Act, unless the
context clearly otherwise requires:
(a) "Health care" means any phase of patient care,
including, but not limited to, testing; diagnosis;
prognosis; ancillary research; instructions; family
planning, counselling, referrals, or any other advice in
connection with the use or procurement of contraceptives
and sterilization or abortion procedures; medication; or
surgery or other care or treatment rendered by a physician
or physicians, nurses, paraprofessionals, or health care
facility, intended for the physical, emotional, and mental
well-being of persons; or an abortion as defined by the
Reproductive Health Act;
(b) "Physician" means any person who is licensed by
the State of Illinois under the Medical Practice Act of
1987;
(c) "Health care personnel" means any nurse, nurses'
aide, medical school student, professional,
paraprofessional, or any other person who furnishes, or
assists in the furnishing of, health care services;
(d) "Health care facility" means any public or private
hospital, clinic, center, medical school, medical training
institution, laboratory or diagnostic facility,
physician's office, infirmary, dispensary, ambulatory
surgical treatment center, or other institution or
location wherein health care services are provided to any

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person, including physician organizations and
associations, networks, joint ventures, and all other
combinations of those organizations;
(e) "Conscience" means a sincerely held set of moral
convictions arising from belief in and relation to God, or
which, though not so derived, arises from a place in the
life of its possessor parallel to that filled by God among
adherents to religious faiths;
(f) "Health care payer" means a health maintenance
organization, insurance company, management services
organization, or any other entity that pays for or
arranges for the payment of any health care or medical
care service, procedure, or product; and
(g) "Undue delay" means unreasonable delay that causes
impairment of the patient's health.
The above definitions include not only the traditional
combinations and forms of these persons and organizations but
also all new and emerging forms and combinations of these
persons and organizations.
(Source: P.A. 101-13, eff. 6-12-19.)
Section 5-200. The Illinois Parentage Act of 2015 is
amended by changing Sections 704 and 709 as follows:
(750 ILCS 46/704)
Sec. 704. Withdrawal of consent of intended parent or

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donor. An intended parent or donor may withdraw consent to use
his or her gametes in a writing or legal pleading with notice
to the other participants. An intended parent who withdraws
consent under this Section prior to the insemination or embryo
transfer is not a parent of any resulting child. If a donor
withdraws consent to his or her donation prior to the
insemination or the combination of gametes, the intended
parent is not the parent of any resulting child. If the
intended parent or parents no longer wish to use any remaining
cryopreserved fertilized ovum for medical purposes, the terms
of the most recent informed consent of the intended parent or
parents executed at the fertility center or a marital
settlement agreement under a judgment of dissolution of
marriage, judgment of legal separation, or judgment of
dissolution of civil union governs the disposition of the
fertilized ovum.
(Source: P.A. 102-1117, eff. 1-13-23.)
(750 ILCS 46/709)
Sec. 709. Establishment of parentage; requirements of
Gestational Surrogacy Act.
(a) In the event of gestational surrogacy, in addition to
the requirements of the Gestational Surrogacy Act, a
parent-child relationship is established between a person and
a child if all of the following conditions are met prior to the
birth of the child:

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(1) The gestational surrogate certifies that she did
not provide a gamete for the child, and that she is
carrying the child for the intended parents.
(2) The spouse, if any, of the gestational surrogate
certifies that he or she did not provide a gamete for the
child.
(3) Each intended parent, or the parent's legally
authorized designee if an intended parent dies, certifies
that the child being carried by the gestational surrogate
was conceived using at least one of the intended parents'
gametes.
(4) A physician licensed in the state in which the
fertilized ovum was inseminated or transferred to the
gestational surrogate certifies that the child being
carried by the gestational surrogate was conceived using
the gamete or gametes of at least one of the intended
parents, and that neither the gestational surrogate nor
the gestational surrogate's spouse, if any, provided
gametes for the child being carried by the gestational
surrogate.
(5) The attorneys for the intended parents and the
gestational surrogate each certify that the parties
entered into a gestational surrogacy agreement intended to
satisfy the requirements of the Gestational Surrogacy Act.
(b) All certifications under this Section shall be in
writing and witnessed by 2 competent adults who are not the

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gestational surrogate, gestational surrogate's spouse, if any,
or an intended parent. Certifications shall be on forms
prescribed by the Illinois Department of Public Health and
shall be executed prior to the birth of the child. All
certifications shall be provided, prior to the birth of the
child, to both the hospital where the gestational surrogate
anticipates the delivery will occur and to the Illinois
Department of Public Health.
(c) Parentage established in accordance with this Section
has the full force and effect of a judgment entered under this
Act.
(d) The Illinois Department of Public Health shall adopt
rules to implement this Section.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 5-205. The Rights of Married Persons Act is
amended by changing Section 15 as follows:
(750 ILCS 65/15) (from Ch. 40, par. 1015)
Sec. 15. (a)(1) The expenses of the family and of the
education of the children shall be chargeable upon the
property of both husband and wife, or of either of them, in
favor of creditors therefor, and in relation thereto they may
be sued jointly or separately.
(2) No creditor, who has a claim against a spouse or former
spouse for an expense incurred by that spouse or former spouse

HB4302 - 382 - LRB103 35621 LNS 65695 b
which is not a family expense, shall maintain an action
against the other spouse or former spouse for that expense
except:
(A) an expense for which the other spouse or former spouse
agreed, in writing, to be liable; or
(B) an expense for goods or merchandise purchased by or in
the possession of the other spouse or former spouse, or for
services ordered by the other spouse or former spouse.
(3) Any creditor who maintains an action in violation of
this subsection (a) for an expense other than a family expense
against a spouse or former spouse other than the spouse or
former spouse who incurred the expense, shall be liable to the
other spouse or former spouse for his or her costs, expenses,
and attorney's fees incurred in defending the action.
(4) No creditor shall, with respect to any claim against a
spouse or former spouse for which the creditor is prohibited
under this subsection (a) from maintaining an action against
the other spouse or former spouse, engage in any collection
efforts against the other spouse or former spouse, including,
but not limited to, informal or formal collection attempts,
referral of the claim to a collector or collection agency for
collection from the other spouse or former spouse, or making
any representation to a credit reporting agency that the other
spouse or former spouse is any way liable for payment of the
claim.
(b) No spouse shall be liable for any expense incurred by

HB4302 - 383 - LRB103 35621 LNS 65695 b
the other spouse when an abortion is performed on such spouse,
without the consent of such other spouse, unless the physician
who performed the abortion certifies that such abortion is
necessary to preserve the life of the spouse who obtained such
abortion. (Blank).
(c) No parent shall be liable for any expense incurred by
his or her minor child when an abortion is performed on such
minor child without the consent of both parents of such child,
if they both have custody, or the parent having custody, or
legal guardian of such child, unless the physician who
performed the abortion certifies that such abortion is
necessary to preserve the life of the minor child who obtained
such abortion. (Blank).
(Source: P.A. 101-13, eff. 6-12-19.)
Section 5-210. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2BBBB as follows:
(815 ILCS 505/2BBBB)
Sec. 2BBBB. Deceptive practices related to limited
services pregnancy centers.
(a) As used in this Section:
"Abortion" means the use of any instrument, medicine,
drug, or any other substance or device to terminate the
pregnancy of an individual known to be pregnant with an
intention other than to increase the probability of a live

HB4302 - 384 - LRB103 35621 LNS 65695 b
birth, to preserve the life or health of the child after live
birth, or to remove a dead fetus, as defined in Section 1-10 of
the Reproductive Health Act.
"Affiliates" has the meaning given to the term "hospital
affiliate" as defined in subsection (b) of Section 10.8 of the
Hospital Licensing Act.
"Emergency contraception" means one or more prescription
drugs (i) used separately or in combination for the purpose of
preventing pregnancy, (ii) administered to or
self-administered by a patient within a medically recommended
amount of time after sexual intercourse, and (iii) dispensed
for such purpose in accordance with professional standards of
practice.
"Limited services pregnancy center" means an organization
or facility, including a mobile facility, that:
(1) does not directly provide abortions or provide or
prescribe emergency contraception, or provide referrals
for abortions or emergency contraception, and has no
affiliation with any organization or provider who provides
abortions or provides or prescribes emergency
contraception; and
(2) has a primary purpose to offer or provide
pregnancy-related services to an individual who is or has
reason to believe the individual may be pregnant, whether
or not a fee is charged for such services.
"Limited services pregnancy center" does not include:

HB4302 - 385 - LRB103 35621 LNS 65695 b
(1) a health care professional licensed by the
Department of Financial and Professional Regulation;
(2) a hospital licensed under the Hospital Licensing
Act and its affiliates; or
(3) a hospital licensed under the University of
Illinois Hospital Act and its affiliates.
"Limited services pregnancy center" includes an organization
or facility that has employees, volunteers, or agents who are
health care professionals licensed by the Department of
Financial and Professional Regulation.
"Pregnancy-related services" means any medical service, or
health counseling service, related to the prevention,
preservation, or termination of pregnancy, including, but not
limited to, contraception and contraceptive counseling,
pregnancy testing, pregnancy diagnosis, pregnancy options
counseling, limited obstetric ultrasound, obstetric
ultrasound, obstetric sonogram, sexually transmitted
infections testing, and prenatal care.
(b) A limited services pregnancy center shall not engage
in unfair methods of competition or unfair or deceptive acts
or practices, including the use or employment of any
deception, fraud, false pretense, false promise, or
misrepresentation, or the concealment, suppression, or
omission of any material fact, with the intent that others
rely upon the concealment, suppression, or omission of such
material fact:

HB4302 - 386 - LRB103 35621 LNS 65695 b
(1) to interfere with or prevent an individual from
seeking to gain entry or access to a provider of abortion
or emergency contraception;
(2) to induce an individual to enter or access the
limited services pregnancy center;
(3) in advertising, soliciting, or otherwise offering
pregnancy-related services; or
(4) in conducting, providing, or performing
pregnancy-related services.
(c) A violation of this Section constitutes a violation of
this Act.
(Source: P.A. 103-270, eff. 7-27-23.)
Section 5-215. The Illinois Fertility Fraud Act is amended
by changing Section 10 as follows:
(815 ILCS 540/10)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 10. Definitions. As used in this Act:
"Assisted reproductive treatment" means treatment pursuant
to assisted reproduction, as defined in the Reproductive
Health Act, as a method of achieving a pregnancy through the
handling of human oocytes, sperm, zygotes, or embryos for the
purpose of establishing a pregnancy. "Assisted reproduction"
includes, but is not limited to, methods of artificial

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insemination, in vitro fertilization, embryo transfer, zygote
transfer, embryo biopsy, preimplantation genetic diagnosis,
embryo cryopreservation, oocyte, gamete, zygote, and embryo
donation, and gestational surrogacy.
"Embryologist" means a laboratory employee who meets any
Clinical Laboratory Improvement Amendments (CLIA) program
requirements for laboratory personnel that are required by 42
CFR Part 493 or the Illinois Clinical Laboratories Code, and
who performs embryology procedures.
"Embryology procedures" include:
(1) culture media preparation and laboratory quality
control;
(2) oocyte isolation and identification;
(3) oocyte maturity and health status assessment;
(4) oocyte insemination;
(5) evaluation of fertilization;
(6) zygote quality assessment;
(7) embryo culture and grading;
(8) embryo transfer;
(9) gamete or embryo cryopreservation; and
(10) micromanipulation of gametes or embryos,
including intracytoplasmic sperm injection, assisted
hatching, and embryo biopsy.
"Health care" means any phase of patient care, including,
but not limited to: testing; diagnosis; prognosis; ancillary
research; instructions; assisted reproduction; family

HB4302 - 388 - LRB103 35621 LNS 65695 b
planning, counseling, referrals, or any other advice in
connection with conception; surgery or other care or treatment
rendered by a physician, nurse, paraprofessional, or health
care facility, intended for the physical, emotional, and
mental well-being of persons.
"Health care provider" means a physician, physician
assistant, advanced practice registered nurse, registered
nurse, licensed practical nurse, any individual licensed under
the laws of this State to provide health care, or any
individual who handles human reproductive material in a health
care setting.
"Human reproductive material" means:
(1) a human spermatozoon or ovum; or
(2) a human organism at any stage of development from
fertilized ovum to embryo.
"In vitro fertilization" means all medical and laboratory
procedures that are necessary to effectuate the extracorporeal
fertilization of egg and sperm.
"Intended parent" means a person who enters into an
assisted reproductive technology arrangement, including a
gestational surrogacy arrangement, under which he or she will
be the legal parent of the resulting child.
"Laboratory" means a facility for the biological,
microbiological, serological, chemical, immunohematological,
hematological, biophysical, cytological, pathological, or
other examination of materials derived from the human body for

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the purpose of providing information for the diagnosis,
prevention, or treatment of any disease or impairment of, or
the assessment of the health of, human beings. These
examinations include procedures to determine, measure, or
otherwise describe the presence or absence of various
substances or organisms in the body. "Laboratory" does not
include facilities only collecting or preparing specimens, or
both, or only serving as a mailing service and not performing
testing.
"Physician" means a person licensed to practice medicine
in all its branches in this State.
(Source: P.A. 103-478, eff. 1-1-24.)
Article 6.
(5 ILCS 100/5-45.35
Section 6-5. The Illinois Administrative Procedure Act is
amended by repealing Section 5-45.35 (as added by Public Act
102-1117).
(20 ILCS 4111/Act rep.)
Section 6-10. The Youth Health and Safety Act is repealed.
(30 ILCS 105/5.990 rep.)
Section 6-15. The State Finance Act is amended by
repealing Section 5.990 (as added by Public Act 102-1117).

HB4302 - 390 - LRB103 35621 LNS 65695 b
(215 ILCS 5/356z.4a rep.)
Section 6-20. The Illinois Insurance Code is amended by
repealing Section 356z.4a.
(215 ILCS 5/356z.60 rep.)
Section 6-25. The Illinois Insurance Code is amended by
repealing Section 356z.60.
(225 ILCS 95/9.7 rep.)
Section 6-30. The Physician Assistant Practice Act of 1987
is amended by repealing Section 9.7.
(225 ILCS 60/66 rep.)
Section 6-35. The Medical Practice Act of 1987 is amended
by repealing Section 66.
(225 ILCS 65/65-11 rep.)
(225 ILCS 65/65-11.5 rep.)
Section 6-40. The Nurse Practice Act is amended by
repealing Sections 65-11 and 65-11.5.
(410 ILCS 185/Act rep.)
Section 6-45. The Abortion Care Clinical Training Program
Act is repealed.

HB4302 - 391 - LRB103 35621 LNS 65695 b
(735 ILCS 35/3.5 rep.)
Section 6-50. The Uniform Interstate Depositions and
Discovery Act is amended by repealing Section 3.5.
(735 ILCS 40/Act rep.)
Section 6-55. The Lawful Health Care Activity Act is
repealed.
(740 ILCS 126/Act rep.)
Section 6-60. The Protecting Reproductive Health Care
Services Act is repealed.
(775 ILCS 55/Act rep.)
Section 6-65. The Reproductive Health Act is repealed.
Article 99.
Section 99-95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 99-99. Effective date. This Act takes effect upon
becoming law.
HB4302 - 392 - LRB103 35621 LNS 65695 b
INDEX
Statutes amended in order of appearance
New Act
5 ILCS 140/7
5 ILCS 140/7.5
5 ILCS 375/6.11
20 ILCS 505/5
20 ILCS 2630/3.2 from Ch. 38, par. 206-3.2
55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
55 ILCS 5/3-4006 from Ch. 34, par. 3-4006
55 ILCS 5/5-1069.3
65 ILCS 5/10-4-2.3
105 ILCS 5/10-22.3f
210 ILCS 5/2 from Ch. 111 1/2, par. 157-8.2
210 ILCS 5/3 from Ch. 111 1/2, par. 157-8.3
210 ILCS 5/6.2 new
210 ILCS 170/5
210 ILCS 170/30
215 ILCS 5/356z.3a
215 ILCS 5/356z.4
215 ILCS 124/10
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
215 ILCS 130/4003 from Ch. 73, par. 1504-3
215 ILCS 165/10 from Ch. 32, par. 604
225 ILCS 6/60
HB4302 - 393 - LRB103 35621 LNS 65695 b
225 ILCS 15/15 from Ch. 111, par. 5365
225 ILCS 20/19 from Ch. 111, par. 6369
225 ILCS 55/85 from Ch. 111, par. 8351-85
225 ILCS 60/2 from Ch. 111, par. 4400-2
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/23 from Ch. 111, par. 4400-23
225 ILCS 60/36 from Ch. 111, par. 4400-36
225 ILCS 60/49.5
225 ILCS 65/65-35 was 225 ILCS 65/15-15
225 ILCS 65/65-43
225 ILCS 65/65-65 was 225 ILCS 65/15-55
225 ILCS 65/70-5 was 225 ILCS 65/10-45
225 ILCS 85/30 from Ch. 111, par. 4150
225 ILCS 85/30.1
225 ILCS 85/43
225 ILCS 95/7.5
225 ILCS 95/21 from Ch. 111, par. 4621
225 ILCS 107/80
225 ILCS 130/75
225 ILCS 135/95
225 ILCS 150/10
225 ILCS 150/15
305 ILCS 5/5-16.8
410 ILCS 70/9.1 new
410 ILCS 210/1.5
410 ILCS 535/1 from Ch. 111 1/2, par. 73-1
HB4302 - 394 - LRB103 35621 LNS 65695 b
415 ILCS 5/56.1 from Ch. 111 1/2, par. 1056.1
625 ILCS 5/2-130
720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
720 ILCS 5/9-2.1 from Ch. 38, par. 9-2.1
720 ILCS 5/9-3.2 from Ch. 38, par. 9-3.2
720 ILCS 5/12-3.1 from Ch. 38, par. 12-3.1
725 ILCS 220/2 from Ch. 38, par. 156-2
725 ILCS 225/6 from Ch. 60, par. 23
735 ILCS 5/8-802 from Ch. 110, par. 8-802
735 ILCS 5/11-107.1a new
735 ILCS 35/3
740 ILCS 180/2.2 from Ch. 70, par. 2.2
745 ILCS 70/3 from Ch. 111 1/2, par. 5303
750 ILCS 46/704
750 ILCS 46/709
750 ILCS 65/15 from Ch. 40, par. 1015
815 ILCS 505/2BBBB
815 ILCS 540/10
5 ILCS 100/5-45.35
20 ILCS 4111/Act rep.
30 ILCS 105/5.990 rep.
215 ILCS 5/356z.4a rep.
215 ILCS 5/356z.60 rep.
225 ILCS 95/9.7 rep.
225 ILCS 60/66 rep.
225 ILCS 65/65-11 rep.
HB4302 - 395 - LRB103 35621 LNS 65695 b