Bill Text: IL HB5076 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Sexually Transmissible Disease Control Act. Changes the short title of the Act to the Illinois Sexually Transmitted Infection Control Act. Changes references to "sexually transmissible diseases" to "sexually transmitted infections". Makes conforming changes throughout the statutes. Provides that, in determining which infections are to be designated sexually transmitted infections, the Department of Public Health shall consider human papillomavirus (HPV) and mpox. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB5076 Detail]

Download: Illinois-2023-HB5076-Engrossed.html

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HB5076 Engrossed LRB103 39339 CES 69501 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(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:
(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

HB5076 Engrossed - 2 - LRB103 39339 CES 69501 b
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmitted
infection transmissible disease or any information the
disclosure of which is restricted under the Illinois
Sexually Transmitted Infection Transmissible Disease
Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers

HB5076 Engrossed - 3 - LRB103 39339 CES 69501 b
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
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

HB5076 Engrossed - 4 - LRB103 39339 CES 69501 b
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
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

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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
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.

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

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

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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
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

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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
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

HB5076 Engrossed - 10 - LRB103 39339 CES 69501 b
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; 103-580, eff. 12-8-23;
revised 1-2-24.)
(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
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 transmitted

HB5076 Engrossed - 11 - LRB103 39339 CES 69501 b
infection transmissible disease or any information the
disclosure of which is restricted under the Illinois
Sexually Transmitted Infection Transmissible Disease
Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

HB5076 Engrossed - 12 - LRB103 39339 CES 69501 b
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
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

HB5076 Engrossed - 13 - LRB103 39339 CES 69501 b
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
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

HB5076 Engrossed - 14 - LRB103 39339 CES 69501 b
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
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

HB5076 Engrossed - 15 - LRB103 39339 CES 69501 b
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.

HB5076 Engrossed - 16 - LRB103 39339 CES 69501 b
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
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

HB5076 Engrossed - 17 - LRB103 39339 CES 69501 b
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
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.

HB5076 Engrossed - 18 - LRB103 39339 CES 69501 b
(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
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency 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.

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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;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 10. The Department of Public Health Act is amended
by changing Section 2 as follows:
(20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
Sec. 2. Powers.
(a) The State Department of Public Health has general
supervision of the interests of the health and lives of the
people of the State. It has supreme authority in matters of
quarantine and isolation, and may declare and enforce
quarantine and isolation when none exists, and may modify or
relax quarantine and isolation when it has been established.
The Department may adopt, promulgate, repeal and amend rules
and regulations and make such sanitary investigations and
inspections as it may from time to time deem necessary for the
preservation and improvement of the public health, consistent
with law regulating the following:
(1) Transportation of the remains of deceased persons.
(2) Sanitary practices relating to drinking water made
accessible to the public for human consumption or for
lavatory or culinary purposes.

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(3) Sanitary practices relating to rest room
facilities made accessible to the public or to persons
handling food served to the public.
(4) Sanitary practices relating to disposal of human
wastes in or from all buildings and places where people
live, work or assemble.
The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department of
Public Health under this Act, except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures
for rule-making does not apply to the adoption of any rule
required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
All local boards of health, health authorities and
officers, police officers, sheriffs and all other officers and
employees of the state or any locality shall enforce the rules
and regulations so adopted and orders issued by the Department
pursuant to this Section.
The Department of Public Health shall conduct a public
information campaign to inform Hispanic women of the high
incidence of breast cancer and the importance of mammograms
and where to obtain a mammogram. This requirement may be
satisfied by translation into Spanish and distribution of the
breast cancer summaries required by Section 2310-345 of the
Department of Public Health Powers and Duties Law (20 ILCS

HB5076 Engrossed - 21 - LRB103 39339 CES 69501 b
2310/2310-345). The information provided by the Department of
Public Health shall include (i) a statement that mammography
is the most accurate method for making an early detection of
breast cancer, however, no diagnostic tool is 100% effective
and (ii) instructions for performing breast self-examination
and a statement that it is important to perform a breast
self-examination monthly.
The Department of Public Health shall investigate the
causes of dangerously contagious or infectious diseases,
especially when existing in epidemic form, and take means to
restrict and suppress the same, and whenever such disease
becomes, or threatens to become epidemic, in any locality and
the local board of health or local authorities neglect or
refuse to enforce efficient measures for its restriction or
suppression or to act with sufficient promptness or
efficiency, or whenever the local board of health or local
authorities neglect or refuse to promptly enforce efficient
measures for the restriction or suppression of dangerously
contagious or infectious diseases, the Department of Public
Health may enforce such measures as it deems necessary to
protect the public health, and all necessary expenses so
incurred shall be paid by the locality for which services are
rendered.
(b) Subject to the provisions of subsection (c), the
Department may order a person or group of persons to be
quarantined or isolated or may order a place to be closed and

HB5076 Engrossed - 22 - LRB103 39339 CES 69501 b
made off limits to the public to prevent the probable spread of
a dangerously contagious or infectious disease, including
non-compliant tuberculosis patients, until such time as the
condition can be corrected or the danger to the public health
eliminated or reduced in such a manner that no substantial
danger to the public's health any longer exists. Orders for
isolation of a person or quarantine of a place to prevent the
probable spread of a sexually transmitted infection
transmissible disease shall be governed by the provisions of
Section 7 of the Illinois Sexually Transmitted Infection
Transmissible Disease Control Act and not this Section.
(c) Except as provided in this Section, no person or a
group of persons may be ordered to be quarantined or isolated
and no place may be ordered to be closed and made off limits to
the public except with the consent of the person or owner of
the place or upon the prior order of a court of competent
jurisdiction. The Department may, however, order a person or a
group of persons to be quarantined or isolated or may order a
place to be closed and made off limits to the public on an
immediate basis without prior consent or court order if, in
the reasonable judgment of the Department, immediate action is
required to protect the public from a dangerously contagious
or infectious disease. In the event of an immediate order
issued without prior consent or court order, the Department
shall, as soon as practical, within 48 hours after issuing the
order, obtain the consent of the person or owner or file a

HB5076 Engrossed - 23 - LRB103 39339 CES 69501 b
petition requesting a court order authorizing the isolation or
quarantine or closure. When exigent circumstances exist that
cause the court system to be unavailable or that make it
impossible to obtain consent or file a petition within 48
hours after issuance of an immediate order, the Department
must obtain consent or file a petition requesting a court
order as soon as reasonably possible. To obtain a court order,
the Department, by clear and convincing evidence, must prove
that the public's health and welfare are significantly
endangered by a person or group of persons that has, that is
suspected of having, that has been exposed to, or that is
reasonably believed to have been exposed to a dangerously
contagious or infectious disease including non-compliant
tuberculosis patients or by a place where there is a
significant amount of activity likely to spread a dangerously
contagious or infectious disease. The Department must also
prove that all other reasonable means of correcting the
problem have been exhausted and no less restrictive
alternative exists. For purposes of this subsection, in
determining whether no less restrictive alternative exists,
the court shall consider evidence showing that, under the
circumstances presented by the case in which an order is
sought, quarantine or isolation is the measure provided for in
a rule of the Department or in guidelines issued by the Centers
for Disease Control and Prevention or the World Health
Organization. Persons who are or are about to be ordered to be

HB5076 Engrossed - 24 - LRB103 39339 CES 69501 b
isolated or quarantined and owners of places that are or are
about to be closed and made off limits to the public shall have
the right to counsel. If a person or owner is indigent, the
court shall appoint counsel for that person or owner. Persons
who are ordered to be isolated or quarantined or who are owners
of places that are ordered to be closed and made off limits to
the public, shall be given a written notice of such order. The
written notice shall additionally include the following: (1)
notice of the right to counsel; (2) notice that if the person
or owner is indigent, the court will appoint counsel for that
person or owner; (3) notice of the reason for the order for
isolation, quarantine, or closure; (4) notice of whether the
order is an immediate order, and if so, the time frame for the
Department to seek consent or to file a petition requesting a
court order as set out in this subsection; and (5) notice of
the anticipated duration of the isolation, quarantine, or
closure.
(d) The Department may order physical examinations and
tests and collect laboratory specimens as necessary for the
diagnosis or treatment of individuals in order to prevent the
probable spread of a dangerously contagious or infectious
disease. Physical examinations, tests, or collection of
laboratory specimens must not be such as are reasonably likely
to lead to serious harm to the affected individual. To prevent
the spread of a dangerously contagious or infectious disease,
the Department may, pursuant to the provisions of subsection

HB5076 Engrossed - 25 - LRB103 39339 CES 69501 b
(c) of this Section, isolate or quarantine any person whose
refusal of physical examination or testing or collection of
laboratory specimens results in uncertainty regarding whether
he or she has been exposed to or is infected with a dangerously
contagious or infectious disease or otherwise poses a danger
to the public's health. An individual may refuse to consent to
a physical examination, test, or collection of laboratory
specimens. An individual shall be given a written notice that
shall include notice of the following: (i) that the individual
may refuse to consent to physical examination, test, or
collection of laboratory specimens; (ii) that if the
individual consents to physical examination, tests, or
collection of laboratory specimens, the results of that
examination, test, or collection of laboratory specimens may
subject the individual to isolation or quarantine pursuant to
the provisions of subsection (c) of this Section; (iii) that
if the individual refuses to consent to physical examination,
tests, or collection of laboratory specimens and that refusal
results in uncertainty regarding whether he or she has been
exposed to or is infected with a dangerously contagious or
infectious disease or otherwise poses a danger to the public's
health, the individual may be subject to isolation or
quarantine pursuant to the provisions of subsection (c) of
this Section; and (iv) that if the individual refuses to
consent to physical examinations, tests, or collection of
laboratory specimens and becomes subject to isolation and

HB5076 Engrossed - 26 - LRB103 39339 CES 69501 b
quarantine as provided in this subsection (d), he or she shall
have the right to counsel pursuant to the provisions of
subsection (c) of this Section. To the extent feasible without
endangering the public's health, the Department shall respect
and accommodate the religious beliefs of individuals in
implementing this subsection.
(e) The Department may order the administration of
vaccines, medications, or other treatments to persons as
necessary in order to prevent the probable spread of a
dangerously contagious or infectious disease. A vaccine,
medication, or other treatment to be administered must not be
such as is reasonably likely to lead to serious harm to the
affected individual. To prevent the spread of a dangerously
contagious or infectious disease, the Department may, pursuant
to the provisions of subsection (c) of this Section, isolate
or quarantine persons who are unable or unwilling to receive
vaccines, medications, or other treatments pursuant to this
Section. An individual may refuse to receive vaccines,
medications, or other treatments. An individual shall be given
a written notice that shall include notice of the following:
(i) that the individual may refuse to consent to vaccines,
medications, or other treatments; (ii) that if the individual
refuses to receive vaccines, medications, or other treatments,
the individual may be subject to isolation or quarantine
pursuant to the provisions of subsection (c) of this Section;
and (iii) that if the individual refuses to receive vaccines,

HB5076 Engrossed - 27 - LRB103 39339 CES 69501 b
medications, or other treatments and becomes subject to
isolation or quarantine as provided in this subsection (e), he
or she shall have the right to counsel pursuant to the
provisions of subsection (c) of this Section. To the extent
feasible without endangering the public's health, the
Department shall respect and accommodate the religious beliefs
of individuals in implementing this subsection.
(f) The Department may order observation and monitoring of
persons to prevent the probable spread of a dangerously
contagious or infectious disease. To prevent the spread of a
dangerously contagious or infectious disease, the Department
may, pursuant to the provisions of subsection (c) of this
Section, isolate or quarantine persons whose refusal to
undergo observation and monitoring results in uncertainty
regarding whether he or she has been exposed to or is infected
with a dangerously contagious or infectious disease or
otherwise poses a danger to the public's health. An individual
may refuse to undergo observation and monitoring. An
individual shall be given written notice that shall include
notice of the following: (i) that the individual may refuse to
undergo observation and monitoring; (ii) that if the
individual consents to observation and monitoring, the results
of that observation and monitoring may subject the individual
to isolation or quarantine pursuant to the provisions of
subsection (c) of this Section; (iii) that if the individual
refuses to undergo observation and monitoring and that refusal

HB5076 Engrossed - 28 - LRB103 39339 CES 69501 b
results in uncertainty regarding whether he or she has been
exposed to or is infected with a dangerously contagious or
infectious disease or otherwise poses a danger to the public's
health, the individual may be subject to isolation or
quarantine pursuant to the provisions of subsection (c) of
this Section; and (iv) that if the individual refuses to
undergo observation and monitoring and becomes subject to
isolation or quarantine as provided in this subsection (f), he
or she shall have the right to counsel pursuant to the
provisions of subsection (c) of this Section.
(g) To prevent the spread of a dangerously contagious or
infectious disease among humans, the Department may examine,
test, disinfect, seize, or destroy animals or other related
property believed to be sources of infection. An owner of such
animal or other related property shall be given written notice
regarding such examination, testing, disinfection, seizure, or
destruction. When the Department determines that any animal or
related property is infected with or has been exposed to a
dangerously contagious or infectious disease, it may agree
with the owner upon the value of the animal or of any related
property that it may be found necessary to destroy, and in case
such an agreement cannot be made, the animals or related
property shall be appraised by 3 competent and disinterested
appraisers, one to be selected by the Department, one by the
claimant, and one by the 2 appraisers thus selected. The
appraisers shall subscribe to an oath made in writing to

HB5076 Engrossed - 29 - LRB103 39339 CES 69501 b
fairly value the animals or related property in accordance
with the requirements of this Act. The oath, together with the
valuation fixed by the appraisers, shall be filed with the
Department and preserved by it. Upon the appraisal being made,
the owner or the Department shall immediately destroy the
animals by "humane euthanasia" as that term is defined in
Section 2.09 of the Humane Care for Animals Act. Dogs and cats,
however, shall be euthanized pursuant to the provisions of the
Humane Euthanasia in Animal Shelters Act. The owner or the
Department shall additionally, dispose of the carcasses, and
disinfect, change, or destroy the premises occupied by the
animals, in accordance with rules prescribed by the Department
governing such destruction and disinfection. Upon his or her
failure so to do or to cooperate with the Department, the
Department shall cause the animals or related property to be
destroyed and disposed of in the same manner, and thereupon
the owner shall forfeit all right to receive any compensation
for the destruction of the animals or related property. All
final administrative decisions of the Department hereunder
shall be subject to judicial review pursuant to the provisions
of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(h) To prevent the spread of a dangerously contagious or
infectious disease, the Department, local boards of health,

HB5076 Engrossed - 30 - LRB103 39339 CES 69501 b
and local public health authorities shall have emergency
access to medical or health information or records or data
upon the condition that the Department, local boards of
health, and local public health authorities shall protect the
privacy and confidentiality of any medical or health
information or records or data obtained pursuant to this
Section in accordance with federal and State law.
Additionally, any such medical or health information or
records or data shall be exempt from inspection and copying
under the Freedom of Information Act. Other than a hearing for
the purpose of this Act, any information, records, reports,
statements, notes, memoranda, or other data in the possession
of the Department, local boards of health, or local public
health authorities shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency, or person. The access to or
disclosure of any of this information or data by the
Department, a local board of health, or a local public
authority shall not waive or have any effect upon its
non-discoverability or non-admissibility. Any person,
facility, institution, or agency that provides emergency
access to health information and data under this subsection
shall have immunity from any civil or criminal liability, or
any other type of liability that might otherwise result by
reason of these actions except in the event of willful and
wanton misconduct. The privileged quality of communication

HB5076 Engrossed - 31 - LRB103 39339 CES 69501 b
between any professional person or any facility shall not
constitute grounds for failure to provide emergency access.
Nothing in this subsection shall prohibit the sharing of
information as authorized in Section 2.1 of this Act. The
disclosure of any of this information, records, reports,
statements, notes, memoranda, or other data obtained in any
activity under this Act, except that necessary for the
purposes of this Act, is unlawful, and any person convicted of
violating this provision is guilty of a Class A misdemeanor.
(i) (A) The Department, in order to prevent and
control disease, injury, or disability among citizens of
the State of Illinois, may develop and implement, in
consultation with local public health authorities, a
Statewide system for syndromic data collection through the
access to interoperable networks, information exchanges,
and databases. The Department may also develop a system
for the reporting of comprehensive, integrated data to
identify and address unusual occurrences of disease
symptoms and other medical complexes affecting the
public's health.
(B) The Department may enter into contracts or
agreements with individuals, corporations, hospitals,
universities, not-for-profit corporations, governmental
entities, or other organizations, whereby those
individuals or entities agree to provide assistance in the
compilation of the syndromic data collection and reporting

HB5076 Engrossed - 32 - LRB103 39339 CES 69501 b
system.
(C) The Department shall not release any syndromic
data or information obtained pursuant to this subsection
to any individuals or entities for purposes other than the
protection of the public health. All access to data by the
Department, reports made to the Department, the identity
of or facts that would tend to lead to the identity of the
individual who is the subject of the report, and the
identity of or facts that would tend to lead to the
identity of the author of the report shall be strictly
confidential, are not subject to inspection or
dissemination, and shall be used only for public health
purposes by the Department, local public health
authorities, or the Centers for Disease Control and
Prevention. Entities or individuals submitting reports or
providing access to the Department shall not be held
liable for the release of information or confidential data
to the Department in accordance with this subsection.
(D) Nothing in this subsection prohibits the sharing
of information as authorized in Section 2.1 of this Act.
(j) This Section shall be considered supplemental to the
existing authority and powers of the Department and shall not
be construed to restrain or restrict the Department in
protecting the public health under any other provisions of the
law.
(k) Any person who knowingly or maliciously disseminates

HB5076 Engrossed - 33 - LRB103 39339 CES 69501 b
any false information or report concerning the existence of
any dangerously contagious or infectious disease in connection
with the Department's power of quarantine, isolation and
closure or refuses to comply with a quarantine, isolation or
closure order is guilty of a Class A misdemeanor.
(l) The Department of Public Health may establish and
maintain a chemical and bacteriologic laboratory for the
examination of water and wastes, and for the diagnosis of
diphtheria, typhoid fever, tuberculosis, malarial fever and
such other diseases as it deems necessary for the protection
of the public health.
As used in this Act, "locality" means any governmental
agency which exercises power pertaining to public health in an
area less than the State.
The terms "sanitary investigations and inspections" and
"sanitary practices" as used in this Act shall not include or
apply to "Public Water Supplies" or "Sewage Works" as defined
in the Environmental Protection Act. The Department may adopt
rules that are reasonable and necessary to implement and
effectuate this amendatory Act of the 93rd General Assembly.
(m) The public health measures set forth in subsections
(a) through (h) of this Section may be used by the Department
to respond to chemical, radiological, or nuclear agents or
events. The individual provisions of subsections (a) through
(h) of this Section apply to any order issued by the Department
under this Section. The provisions of subsection (k) apply to

HB5076 Engrossed - 34 - LRB103 39339 CES 69501 b
chemical, radiological, or nuclear agents or events. Prior to
the Department issuing an order for public health measures set
forth in this Act for chemical, radiological, or nuclear
agents or events as authorized in subsection (m), the
Department and the Illinois Emergency Management Agency shall
consult in accordance with the Illinois emergency response
framework. When responding to chemical, radiological, or
nuclear agents or events, the Department shall determine the
health related risks and appropriate public health response
measures and provide recommendations for response to the
Illinois Emergency Management Agency. Nothing in this Section
shall supersede the current National Incident Management
System and the Illinois Emergency Operation Plan or response
plans and procedures established pursuant to IEMA statutes.
(Source: P.A. 96-698, eff. 8-25-09.)
Section 15. The Hospital Licensing Act is amended by
changing Section 6.17 as follows:
(210 ILCS 85/6.17)
Sec. 6.17. Protection of and confidential access to
medical records and information.
(a) Every hospital licensed under this Act shall develop a
medical record for each of its patients as required by the
Department by rule.
(b) All information regarding a hospital patient gathered

HB5076 Engrossed - 35 - LRB103 39339 CES 69501 b
by the hospital's medical staff and its agents and employees
shall be the property and responsibility of the hospital and
must be protected from inappropriate disclosure as provided in
this Section.
(c) Every hospital shall preserve its medical records in a
format and for a duration established by hospital policy and
for not less than 10 years, provided that if the hospital has
been notified in writing by an attorney before the expiration
of the 10 year retention period that there is litigation
pending in court involving the record of a particular patient
as possible evidence and that the patient is his client or is
the person who has instituted such litigation against his
client, then the hospital shall retain the record of that
patient until notified in writing by the plaintiff's attorney,
with the approval of the defendant's attorney of record, that
the case in court involving such record has been concluded or
for a period of 12 years from the date that the record was
produced, whichever occurs first in time.
(d) No member of a hospital's medical staff and no agent or
employee of a hospital shall disclose the nature or details of
services provided to patients, except that the information may
be disclosed to the patient, persons authorized by the
patient, the party making treatment decisions, if the patient
is incapable of making decisions regarding the health services
provided, those parties directly involved with providing
treatment to the patient or processing the payment for that

HB5076 Engrossed - 36 - LRB103 39339 CES 69501 b
treatment, those parties responsible for peer review,
utilization review or quality assurance, risk management, or
defense of claims brought against the hospital arising out of
the care, and those parties required to be notified under the
Abused and Neglected Child Reporting Act, the Illinois
Sexually Transmitted Infection Transmissible Disease Control
Act, or where otherwise authorized or required by law.
(e) The hospital's medical staff members and the
hospital's agents and employees may communicate, at any time
and in any fashion, with legal counsel for the hospital
concerning the patient medical record privacy and retention
requirements of this Section and any care or treatment they
provided or assisted in providing to any patient within the
scope of their employment or affiliation with the hospital.
(e-5) Notwithstanding subsections (d) and (e), for actions
filed on or after January 1, 2004, after a complaint for
healing art malpractice is served upon the hospital or upon
its agents or employees, members of the hospital's medical
staff who are not actual or alleged agents, employees, or
apparent agents of the hospital may not communicate with legal
counsel for the hospital or with risk management of the
hospital concerning the claim alleged in the complaint for
healing art malpractice against the hospital except with the
patient's consent or in discovery authorized by the Code of
Civil Procedure or the Supreme Court rules. For the purposes
of this subsection (e-5), "hospital" includes a hospital

HB5076 Engrossed - 37 - LRB103 39339 CES 69501 b
affiliate as defined in subsection (b) of Section 10.8 of this
Act.
(f) Each hospital licensed under this Act shall provide
its federally designated organ procurement agency and any
tissue bank with which it has an agreement with access to the
medical records of deceased patients for the following
purposes:
(1) estimating the hospital's organ and tissue
donation potential;
(2) identifying the educational needs of the hospital
with respect to organ and tissue donation; and
(3) identifying the number of organ and tissue
donations and referrals to potential organ and tissue
donors.
(g) All hospital and patient information, interviews,
reports, statements, memoranda, and other data obtained or
created by a tissue bank or federally designated organ
procurement agency from the medical records review described
in subsection (f) shall be privileged, strictly confidential,
and used only for the purposes put forth in subsection (f) of
this Section and shall not be admissible as evidence nor
discoverable in an action of any kind in court or before a
tribunal, board, agency, or person.
(h) Any person who, in good faith, acts in accordance with
the terms of this Section shall not be subject to any type of
civil or criminal liability or discipline for unprofessional

HB5076 Engrossed - 38 - LRB103 39339 CES 69501 b
conduct for those actions under any professional licensing
statute.
(i) Any individual who wilfully or wantonly discloses
hospital or medical record information in violation of this
Section is guilty of a Class A misdemeanor. As used in this
subsection, "wilfully or wantonly" means a course of action
that shows an actual or deliberate intention to cause harm or
that, if not intentional, shows an utter indifference to or
conscious disregard for the safety of others or their
property.
(j) The changes to this Section made by this amendatory
Act of the 93rd General Assembly apply to any action filed on
or after January 1, 2004.
(Source: P.A. 93-492, eff. 1-1-04.)
Section 20. The Medical Practice Act of 1987 is amended by
changing Section 64 as follows:
(225 ILCS 60/64)
(Section scheduled to be repealed on January 1, 2027)
Sec. 64. Sexually Transmitted Infection Transmissible
Disease Control Act. No licensee under this Act may be
disciplined for providing expedited partner therapy in
accordance with the provisions of the Illinois Sexually
Transmitted Infection Transmissible Disease Control Act.
(Source: P.A. 96-613, eff. 1-1-10.)

HB5076 Engrossed - 39 - LRB103 39339 CES 69501 b
Section 25. The Nurse Practice Act is amended by changing
Section 70-170 as follows:
(225 ILCS 65/70-170)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-170. Sexually Transmitted Infection Transmissible
Disease Control Act. No licensee under this Act may be
disciplined for providing expedited partner therapy in
accordance with the provisions of the Illinois Sexually
Transmitted Infection Transmissible Disease Control Act.
(Source: P.A. 96-613, eff. 1-1-10.)
Section 30. The Physician Assistant Practice Act of 1987
is amended by changing Section 25 as follows:
(225 ILCS 95/25)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25. Sexually Transmitted Infection Transmissible
Disease Control Act. No licensee under this Act may be
disciplined for providing expedited partner therapy in
accordance with the provisions of the Illinois Sexually
Transmitted Infection Transmissible Disease Control Act.
(Source: P.A. 96-613, eff. 1-1-10.)
Section 35. The Medical Patient Rights Act is amended by

HB5076 Engrossed - 40 - LRB103 39339 CES 69501 b
changing Section 3 as follows:
(410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
Sec. 3. The following rights are hereby established:
(a) The right of each patient to care consistent with
sound nursing and medical practices, to be informed of the
name of the physician responsible for coordinating his or
her care, to receive information concerning his or her
condition and proposed treatment, to refuse any treatment
to the extent permitted by law, and to privacy and
confidentiality of records except as otherwise provided by
law.
(b) The right of each patient, regardless of source of
payment, to examine and receive a reasonable explanation
of his total bill for services rendered by his physician
or health care provider, including the itemized charges
for specific services received. Each physician or health
care provider shall be responsible only for a reasonable
explanation of those specific services provided by such
physician or health care provider.
(c) In the event an insurance company or health
services corporation cancels or refuses to renew an
individual policy or plan, the insured patient shall be
entitled to timely, prior notice of the termination of
such policy or plan.
An insurance company or health services corporation

HB5076 Engrossed - 41 - LRB103 39339 CES 69501 b
that requires any insured patient or applicant for new or
continued insurance or coverage to be tested for infection
with human immunodeficiency virus (HIV) or any other
identified causative agent of acquired immunodeficiency
syndrome (AIDS) shall (1) give the patient or applicant
prior written notice of such requirement, (2) proceed with
such testing only upon the written authorization of the
applicant or patient, and (3) keep the results of such
testing confidential. Notice of an adverse underwriting or
coverage decision may be given to any appropriately
interested party, but the insurer may only disclose the
test result itself to a physician designated by the
applicant or patient, and any such disclosure shall be in
a manner that assures confidentiality.
The Department of Insurance shall enforce the
provisions of this subsection.
(d) The right of each patient to privacy and
confidentiality in health care. Each physician, health
care provider, health services corporation and insurance
company shall refrain from disclosing the nature or
details of services provided to patients, except that such
information may be disclosed: (1) to the patient, (2) to
the party making treatment decisions if the patient is
incapable of making decisions regarding the health
services provided, (3) for treatment in accordance with 45
CFR 164.501 and 164.506, (4) for payment in accordance

HB5076 Engrossed - 42 - LRB103 39339 CES 69501 b
with 45 CFR 164.501 and 164.506, (5) to those parties
responsible for peer review, utilization review, and
quality assurance, (6) for health care operations in
accordance with 45 CFR 164.501 and 164.506, (7) to those
parties required to be notified under the Abused and
Neglected Child Reporting Act or the Illinois Sexually
Transmitted Infection Transmissible Disease Control Act,
or (8) as otherwise permitted, authorized, or required by
State or federal law. This right may be waived in writing
by the patient or the patient's guardian or legal
representative, but a physician or other health care
provider may not condition the provision of services on
the patient's, guardian's, or legal representative's
agreement to sign such a waiver. In the interest of public
health, safety, and welfare, patient information,
including, but not limited to, health information,
demographic information, and information about the
services provided to patients, may be transmitted 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 the disclosures permitted pursuant to this
Section. Patients shall be provided the opportunity to opt
out of their health information being transmitted to or
through a health information exchange in accordance with
Section 9.6 of the Mental Health and Developmental

HB5076 Engrossed - 43 - LRB103 39339 CES 69501 b
Disabilities Confidentiality Act, Section 9.6 of the AIDS
Confidentiality Act, or Section 31.8 of the Genetic
Information Privacy Act, as applicable. In the case of a
patient choosing to opt out of having his or her
information available on an HIE, nothing in this Act shall
cause the physician or health care provider to be liable
for the release of a patient's health information by other
entities that may possess such information, including, but
not limited to, other health professionals, providers,
laboratories, pharmacies, hospitals, ambulatory surgical
centers, and nursing homes.
(Source: P.A. 103-508, eff. 8-4-23.)
Section 40. The Illinois Sexually Transmissible Disease
Control Act is amended by changing the title of the Act and
Sections 1, 2, 3, 4, 5, 5.5, 6, 7, 8, and 9 as follows:
(410 ILCS 325/Act title)
An Act in relation to sexually transmitted infection
transmissible disease control, amending an Act herein named.
(410 ILCS 325/1) (from Ch. 111 1/2, par. 7401)
Sec. 1. Short title. This Act shall be known and may be
cited as the Illinois Sexually Transmitted Infection
Transmissible Disease Control Act.
(Source: P.A. 85-681.)

HB5076 Engrossed - 44 - LRB103 39339 CES 69501 b
(410 ILCS 325/2) (from Ch. 111 1/2, par. 7402)
Sec. 2. Findings; intent. The General Assembly finds and
declares that sexually transmitted infections transmissible
diseases constitute a serious and sometimes fatal threat to
the public and individual health and welfare of the people of
the State and visitors to the State. The General Assembly
finds that the incidence of sexually transmitted infections
transmissible diseases is rising at an alarming rate and that
these infections diseases result in significant social, health
and economic costs, including infant and maternal mortality,
temporary and lifelong disability and premature death. The
General Assembly finds that sexually transmitted infections
transmissible diseases, by their nature, involve sensitive
issues of privacy, and it is the intent of the General Assembly
that all programs designed to deal with these infections
diseases afford patients privacy, confidentiality and dignity.
The General Assembly finds that medical knowledge and
information about sexually transmitted infections
transmissible diseases are rapidly changing. The General
Assembly intends to provide a program that is sufficiently
flexible to meet emerging needs, deals efficiently and
effectively with reducing the incidence of sexually
transmitted infections transmissible diseases, and provides
patients with a secure knowledge that information they provide
will remain private and confidential.

HB5076 Engrossed - 45 - LRB103 39339 CES 69501 b
(Source: P.A. 85-681.)
(410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)
Sec. 3. Definitions. As used in this Act, unless the
context clearly requires otherwise:
(1) "Department" means the Department of Public Health.
(2) "Local health authority" means the full-time official
health department of board of health, as recognized by the
Department, having jurisdiction over a particular area.
(3) "Sexually transmitted infections transmissible
disease" means a bacterial, viral, fungal or parasitic
infection disease, determined by rule of the Department to be
sexually transmissible, to be a threat to the public health
and welfare, and to be an infection a disease for which a
legitimate public interest will be served by providing for
regulation and treatment. In considering which infections
diseases are to be designated sexually transmitted infections
transmissible diseases, the Department shall consider such
infections diseases as chancroid, gonorrhea, granuloma
inguinale, lymphogranuloma venereum, genital herpes simplex,
chlamydia, human papillomavirus (HPV), mpox, nongonococcal
urethritis (NGU), pelvic inflammatory disease (PID)/Acute
Salpingitis, syphilis, Acquired Immunodeficiency Syndrome
(AIDS), and Human Immunodeficiency Virus (HIV) for
designation, and shall consider the recommendations and
classifications of the Centers for Disease Control and other

HB5076 Engrossed - 46 - LRB103 39339 CES 69501 b
nationally recognized medical authorities. Not all infections
diseases that are sexually transmissible need be designated
for purposes of this Act.
(4) "Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed physician
assistant, or a licensed advanced practice registered nurse.
(5) "Expedited partner therapy" means to prescribe,
dispense, furnish, or otherwise provide prescription
antibiotic drugs to the partner or partners of persons
clinically diagnosed as infected with a sexually transmitted
infection transmissible disease, without physical examination
of the partner or partners.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
Sec. 4. Reporting required.
(a) A physician licensed under the provisions of the
Medical Practice Act of 1987, an advanced practice registered
nurse licensed under the provisions of the Nurse Practice Act,
or a physician assistant licensed under the provisions of the
Physician Assistant Practice Act of 1987 who makes a diagnosis
of or treats a person with a sexually transmitted infection
transmissible disease and each laboratory that performs a test
for a sexually transmitted infection transmissible disease
which concludes with a positive result shall report such facts
as may be required by the Department by rule, within such time

HB5076 Engrossed - 47 - LRB103 39339 CES 69501 b
period as the Department may require by rule, but in no case to
exceed 2 weeks.
(b) The Department shall adopt rules specifying the
information required in reporting a sexually transmitted
infection transmissible disease, the method of reporting and
specifying a minimum time period for reporting. In adopting
such rules, the Department shall consider the need for
information, protections for the privacy and confidentiality
of the patient, and the practical abilities of persons and
laboratories to report in a reasonable fashion.
(c) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any sexually transmitted infections transmissible disease
under this Section is guilty of a Class A misdemeanor.
(d) Any person who violates the provisions of this Section
or the rules adopted hereunder may be fined by the Department
up to $500 for each violation. The Department shall report
each violation of this Section to the regulatory agency
responsible for licensing a health care professional or a
laboratory to which these provisions apply.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
(410 ILCS 325/5) (from Ch. 111 1/2, par. 7405)
Sec. 5. Contact investigation. (a) The Department shall
adopt rules authorizing interviews and its authorized
representatives may interview, or cause to be interviewed, all

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persons infected with a sexually transmitted infection
transmissible disease and all persons whom the Department
reasonably believes may be infected with such infection
disease for the purpose of investigating the source and spread
of the infection disease and for the purpose of ordering a
person to submit to examination and treatment as necessary for
the protection of the public health and safety.
(b) All information gathered in the course of contact
investigation pursuant to this Section shall be considered
confidential and subject to the provisions of Section 8 of
this Act. Such information shall be exempt from inspection and
copying under The Freedom of Information Act, as amended.
(c) No person contacted under this Section or reasonably
believed to be infected with a sexually transmitted infection
transmissible disease who reveals the name or names of sexual
contacts during the course of an investigation shall be held
liable in a civil action for such revelation, unless the
revelation is made falsely or with reckless disregard for the
truth.
(d) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any sexually transmitted infection transmissible disease under
this Section is guilty of a Class A misdemeanor.
(Source: P.A. 85-681.)
(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)

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Sec. 5.5. Risk assessment.
(a) Whenever the Department receives a report of HIV
infection or AIDS pursuant to this Act and the Department
determines that the subject of the report may present or may
have presented a possible risk of HIV transmission, the
Department shall, when medically appropriate, investigate the
subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.
Any investigation and action shall be conducted in a timely
fashion. All contacts other than those defined in subsection
(c) shall be investigated in accordance with Section 5 of this
Act.
(b) If the Department determines that there is or may have
been potential risks of HIV transmission from the subject of
the report to other persons, the Department shall afford the
subject the opportunity to submit any information and comment
on proposed actions the Department intends to take with
respect to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's
contacts. The Department shall also afford the subject of the
report the opportunity to notify the subject's contacts in a
timely fashion who are at potential risk of transmission of
HIV prior to the Department taking any steps to notify such
contacts. If the subject declines to notify such contacts or
if the Department determines the notices to be inadequate or
incomplete, the Department shall endeavor to notify such other

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persons of the potential risk, and offer testing and
counseling services to these individuals. When the contacts
are notified, they shall be informed of the disclosure
provisions of the AIDS Confidentiality Act and the penalties
therein and this Section.
(c) Contacts investigated under this Section shall in the
case of HIV infection include (i) individuals who have
undergone invasive procedures performed by an HIV infected
health care provider and (ii) health care providers who have
performed invasive procedures for persons infected with HIV,
provided the Department has determined that there is or may
have been potential risk of HIV transmission from the health
care provider to those individuals or from infected persons to
health care providers. The Department shall have access to the
subject's records to review for the identity of contacts. The
subject's records shall not be copied or seized by the
Department.
For purposes of this subsection, the term "invasive
procedures" means those procedures termed invasive by the
Centers for Disease Control in current guidelines or
recommendations for the prevention of HIV transmission in
health care settings, and the term "health care provider"
means any physician, dentist, podiatric physician, advanced
practice registered nurse, physician assistant, nurse, or
other person providing health care services of any kind.
(d) All information and records held by the Department and

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local health authorities pertaining to activities conducted
pursuant to this Section shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. Such information and records shall not be
released or made public by the Department or local health
authorities, and shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency or person and shall be treated in
the same manner as the information and those records subject
to the provisions of Part 21 of Article VIII of the Code of
Civil Procedure except under the following circumstances:
(1) When made with the written consent of all persons
to whom this information pertains;
(2) (Blank); or
(3) When made by the Department for the purpose of
seeking a warrant authorized by Sections 6 and 7 of this
Act. Such disclosure shall conform to the requirements of
subsection (a) of Section 8 of this Act.
(e) Any person who knowingly or maliciously disseminates
any information or report concerning the existence of any
infection disease under this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 102-168, eff. 7-27-21.)
(410 ILCS 325/6) (from Ch. 111 1/2, par. 7406)
Sec. 6. Physical examination and treatment.

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(a) Subject to the provisions of subsection (c) of this
Section, the Department and its authorized representatives may
examine or cause to be examined persons reasonably believed to
be infected with or to have been exposed to a sexually
transmitted infection transmissible disease.
(b) Subject to the provisions of subsection (c) of this
Section, persons with a sexually transmitted infection
transmissible disease shall report for complete treatment to a
physician licensed under the provisions of the Medical
Practice Act of 1987, or shall submit to treatment at a
facility provided by a local health authority or other public
facility, as the Department shall require by rule or
regulation until the infection disease is noncommunicable or
the Department determines that the person does not present a
real and present danger to the public health. This subsection
(b) shall not be construed to require the Department or local
health authorities to pay for or provide such treatment.
(c) No person shall be apprehended, examined or treated
for a sexually transmitted infection transmissible disease
against his will, under the provisions of this Act, except
upon the presentation of a warrant duly authorized by a court
of competent jurisdiction. In requesting the issuance of such
a warrant the Department shall show by a preponderance of
evidence that the person is infectious and that a real and
present danger to the public health and welfare exists unless
such warrant is issued and shall show that all other

HB5076 Engrossed - 53 - LRB103 39339 CES 69501 b
reasonable means of obtaining compliance have been exhausted
and that no other less restrictive alternative is available.
The court shall require any proceedings authorized by this
subsection (c) to be conducted in camera. A record shall be
made of such proceedings but shall be sealed, impounded and
preserved in the records of the court, to be made available to
the reviewing court in the event of an appeal.
(d) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any sexually transmitted infection transmissible disease under
this Section is guilty of a Class A misdemeanor.
(e) Taking into account the recommendations of the U.S.
Centers for Disease Control and Prevention and other
nationally recognized medical authorities, the Department
shall provide information and technical assistance as
appropriate to health care professionals who provide expedited
partner therapy services for persons with sexually transmitted
infections transmissible diseases.
(1) Notwithstanding any other provision of law, a
health care professional who makes a clinical diagnosis of
chlamydia, gonorrhea, or trichomoniasis may prescribe,
dispense, furnish, or otherwise provide prescription
antibiotic drugs to the infected person's sexual partner
or partners for the treatment of the sexually transmitted
infection transmissible disease without physical
examination of the partner or partners, if in the judgment

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of the health care professional the partner is unlikely or
unable to present for comprehensive healthcare, including
evaluation, testing, and treatment for sexually
transmitted infections transmissible diseases. Expedited
partner therapy shall be limited to partners who may have
been exposed to a sexually transmitted infection
transmissible disease within the previous 60 days, if the
patient is able to contact the partner.
(2) Health care professionals who provide expedited
partner therapy shall comply with Sections 4 and 5 of this
the Illinois Sexually Transmissible Disease Control Act.
(3) Health care professionals who provide expedited
partner therapy shall provide counseling for the patient
and written materials provided by the Department to be
given by the patient to the partner or partners that
include at a minimum the following:
(A) a warning that a woman who is pregnant or might
be pregnant must not take certain antibiotics and must
immediately contact a health care professional for an
examination, and a recommendation for such an
examination;
(B) information about the antibiotic and dosage
provided or prescribed; clear and explicit allergy and
side effect warnings, including a warning that a
partner who has a history of allergy to the antibiotic
or the pharmaceutical class of antibiotic must not

HB5076 Engrossed - 55 - LRB103 39339 CES 69501 b
take the antibiotic and must be immediately examined
by a health care professional, and a recommendation
for such an examination;
(C) information about the treatment and prevention
of sexually transmitted infections transmissible
diseases;
(D) the requirement of abstinence until a period
of time after treatment to prevent infecting others;
(E) notification of the importance of the partner
or partners of the patient to receive examination and
testing for HIV and other sexually transmitted
infections transmissible diseases, and available
resources;
(F) notification of the risk to self, others, and
the public health if the sexually transmitted
infection transmissible disease is not completely and
successfully treated;
(G) the responsibility of the partner or partners
to inform his or her sex partner or partners of the
risk of sexually transmitted infection transmissible
disease and the importance of prompt examination and
treatment; and
(H) other information as deemed necessary by the
Department.
(4) The Department shall develop and disseminate in
electronic and other formats the following written

HB5076 Engrossed - 56 - LRB103 39339 CES 69501 b
materials:
(A) informational materials for partners, as
required in item (3) of this subsection (e);
(B) informational materials for persons who are
repeatedly diagnosed with sexually transmitted
infections transmissible diseases; and
(C) guidance for health care professionals on the
safe and effective provision of expedited partner
therapy.
The Department may offer educational programs about
expedited partner therapy for health care professionals
and pharmacists licensed under the Pharmacy Practice Act.
(5) A health care professional prescribing,
dispensing, furnishing, or otherwise providing in good
faith without fee or compensation prescription antibiotics
to partners under this subsection (e) and providing
counseling and written materials as required by item (3)
of this subsection (e) shall not be subject to civil or
professional liability, except for willful and wanton
misconduct. A health care professional shall not be
subject to civil or professional liability for choosing
not to provide expedited partner therapy.
(6) A pharmacist or pharmacy shall not be subject to
civil or professional liability for choosing not to fill a
prescription that would cause the pharmacist or pharmacy
to violate any provision of the Pharmacy Practice Act,

HB5076 Engrossed - 57 - LRB103 39339 CES 69501 b
including the definition of "prescription" set forth in
subsection (e) of Section 3 of the Pharmacy Practice Act
or the definition of "drug regimen review" set forth in
subsection (y) of Section 3 of the Pharmacy Practice Act.
(Source: P.A. 102-185, eff. 1-1-22.)
(410 ILCS 325/7) (from Ch. 111 1/2, par. 7407)
Sec. 7. Quarantine and isolation.
(a) Subject to the provisions of subsection (b) of this
Section, the Department may order a person to be isolated or a
place to be quarantined and made off limits to the public to
prevent the probable spread of a sexually transmitted
infection transmissible disease, until such time as the
condition can be corrected or the danger to the public health
eliminated or reduced in such a manner that no substantial
danger to the public's health any longer exists.
(b) No person may be ordered to be isolated, and no place
may be ordered to be quarantined, except with the consent of
such person or owner of such place or upon the order of a court
of competent jurisdiction and upon proof by the Department, by
clear and convincing evidence, that the public's health and
welfare are significantly endangered by a person with a
sexually transmitted infection transmissible disease or by a
place where there is a significant amount of sexual activity
likely to spread a sexually transmitted infection
transmissible disease, and upon proof that all other

HB5076 Engrossed - 58 - LRB103 39339 CES 69501 b
reasonable means of correcting the problem have been exhausted
and no less restrictive alternative exists.
(c) This Section shall be considered supplemental to the
existing authorities and powers of the Department, and shall
not be construed to restrain or restrict the Department in
protecting the public health under any other provisions of the
law.
(d) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any sexually transmitted infection transmissible disease in
connection with the Department's power of quarantine and
isolation is guilty of a Class A misdemeanor.
(Source: P.A. 85-681.)
(410 ILCS 325/8) (from Ch. 111 1/2, par. 7408)
Sec. 8. Confidentiality.
(a) All information and records held by the Department and
its authorized representatives relating to known or suspected
cases of sexually transmitted infections transmissible
diseases shall be strictly confidential and exempt from
inspection and copying under The Freedom of Information Act,
as amended. The Department and its authorized representatives
shall not disclose information and records held by them
relating to known or suspected cases of sexually transmitted
infections transmissible diseases publicly or in any action of
any kind in any court or before any tribunal, board, or agency,

HB5076 Engrossed - 59 - LRB103 39339 CES 69501 b
and such information shall not be released or made public by a
court conducting proceedings authorized by subsection (c) of
Section 6 of this Act, except that release of such information
may be made under the following circumstances:
(1) When made with the consent of all persons to which
the information applies;
(2) When made for statistical purposes and medical or
epidemiologic information is summarized so that no person
can be identified and no names are revealed;
(3) When made to medical personnel, appropriate State
agencies or courts of appropriate jurisdiction to enforce
the provisions of this Act and related rules; or
(4) When made to persons determined by the Department
to be or have been at potential risk of HIV transmission
pursuant to Section 5.5 of this Act.
(b) (Blank).
(c) A court hearing a request for the issuance of a warrant
as authorized in subsection (c) of Section 6 of this Act shall
conduct such proceedings in camera. A record shall be made of
authorized proceedings but shall be sealed, impounded and
preserved in the records of the court, to be made available to
the reviewing court in the event of an appeal.
(d) No employee of the Department or its authorized
representatives shall be examined in a civil, criminal,
special or other proceeding concerning the existence or
contents of pertinent records of a person examined or treated

HB5076 Engrossed - 60 - LRB103 39339 CES 69501 b
for a sexually transmitted infection transmissible disease by
the Department or its authorized representatives pursuant to
the provisions of this Act, or concerning the existence or
contents of such reports received from a private physician or
private health facility, pursuant to the provisions of this
Act, without the consent of the person examined and treated
for such infections diseases, except in proceedings under
Sections 6 and 7 of this Act.
(e) Any person who knowingly violates the confidentiality
provisions of this Section is guilty of a Class A misdemeanor.
(f) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any sexually transmitted infection transmissible disease under
this Section is guilty of a Class A misdemeanor.
(Source: P.A. 89-381, eff. 8-18-95.)
(410 ILCS 325/9) (from Ch. 111 1/2, par. 7409)
Sec. 9. Prisoners.
(a) The Department and its authorized representatives may,
at its discretion, enter any State, county or municipal
detention facility to interview, examine and treat any
prisoner for a sexually transmitted infection transmissible
disease. Any such State, county or municipal detention
facility shall cooperate with the Department and its
authorized representative to provide such space as is
necessary for the examination and treatment of all prisoners

HB5076 Engrossed - 61 - LRB103 39339 CES 69501 b
suffering from or suspected of having a sexually transmitted
infection transmissible disease.
(b) Nothing in this Section shall be construed as
relieving the Department of Corrections or any county or
municipality of their primary responsibility for providing
medical treatment for prisoners under their jurisdiction,
including treatment for sexually transmitted infections
transmissible diseases.
(c) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of
any sexually transmitted infection transmissible disease under
this Section is guilty of a Class A misdemeanor.
(d) The Department, in consultation with the Department of
Corrections, shall develop and implement written procedures
that establish a process for confidentially notifying and
recommending sexually transmitted infection transmissible
disease testing of the contacts of a committed person who has
been diagnosed with a sexually transmitted infection
transmissible disease and for notifying and recommending
sexually transmitted infection transmissible disease testing
of a committed person who has had contact with one diagnosed
with a sexually transmitted infection transmissible disease.
The process shall be in accordance with Sections 3, 5, and 8 of
this Act.
(Source: P.A. 97-928, eff. 8-10-12.)

HB5076 Engrossed - 62 - LRB103 39339 CES 69501 b
Section 45. The Abused and Neglected Child Reporting Act
is amended by changing Section 5 as follows:
(325 ILCS 5/5) (from Ch. 23, par. 2055)
Sec. 5. An officer of a local law enforcement agency,
designated employee of the Department, or a physician treating
a child may take or retain temporary protective custody of the
child without the consent of the person responsible for the
child's welfare, if (1) the officer of a local law enforcement
agency, designated employee of the Department, or a physician
treating a child has reason to believe that the child cannot be
cared for at home or in the custody of the person responsible
for the child's welfare without endangering the child's health
or safety; and (2) there is not time to apply for a court order
under the Juvenile Court Act of 1987 for temporary custody of
the child. The person taking or retaining a child in temporary
protective custody shall immediately make every reasonable
effort to notify the person responsible for the child's
welfare and shall immediately notify the Department. The
Department shall provide to the temporary caretaker of a child
any information in the Department's possession concerning the
positive results of a test performed on the child to determine
the presence of the antibody or antigen to Human
Immunodeficiency Virus (HIV), or of HIV infection, as well as
any communicable diseases or communicable infections that the
child has. The temporary caretaker of a child shall not

HB5076 Engrossed - 63 - LRB103 39339 CES 69501 b
disclose to another person any information received by the
temporary caretaker from the Department concerning the results
of a test performed on the child to determine the presence of
the antibody or antigen to HIV, or of HIV infection, except
pursuant to Section 9 of the AIDS Confidentiality Act, as now
or hereafter amended. The Department shall promptly initiate
proceedings under the Juvenile Court Act of 1987 for the
continued temporary custody of the child.
Where the physician keeping a child in the physician's
custody does so in the physician's capacity as a member of the
staff of a hospital or similar institution, the physician
shall notify the person in charge of the institution or the
designated agent of the person in charge, who shall then
become responsible for the further care of such child in the
hospital or similar institution under the direction of the
Department.
Said care includes, but is not limited to the granting of
permission to perform emergency medical treatment to a minor
where the treatment itself does not involve a substantial risk
of harm to the minor and the failure to render such treatment
will likely result in death or permanent harm to the minor, and
there is not time to apply for a court order under the Juvenile
Court Act of 1987.
Any person authorized and acting in good faith in the
removal of a child under this Section shall have immunity from
any liability, civil or criminal, that might otherwise be

HB5076 Engrossed - 64 - LRB103 39339 CES 69501 b
incurred or imposed as a result of such removal. Any physician
authorized and acting in good faith and in accordance with
acceptable medical practice in the treatment of a child under
this Section shall have immunity from any liability, civil or
criminal, that might otherwise be incurred or imposed as a
result of granting permission for emergency treatment.
With respect to any child taken into temporary protective
custody pursuant to this Section, the Department of Children
and Family Services Guardianship Administrator or the
Guardianship Administrator's designee shall be deemed the
child's legally authorized representative for purposes of
consenting to an HIV test if deemed necessary and appropriate
by the Department's Guardianship Administrator or the
Guardianship Administrator's designee and obtaining and
disclosing information concerning such test pursuant to the
AIDS Confidentiality Act if deemed necessary and appropriate
by the Department's Guardianship Administrator or the
Guardianship Administrator's designee and for purposes of
consenting to the release of information pursuant to the
Illinois Sexually Transmitted Infection Transmissible Disease
Control Act if deemed necessary and appropriate by the
Department's Guardianship Administrator or designee.
Any person who administers an HIV test upon the consent of
the Department of Children and Family Services Guardianship
Administrator or the Guardianship Administrator's designee, or
who discloses the results of such tests to the Department's

HB5076 Engrossed - 65 - LRB103 39339 CES 69501 b
Guardianship Administrator or the Guardianship Administrator's
designee, shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of such
actions. For the purpose of any proceedings, civil or
criminal, the good faith of any persons required to administer
or disclose the results of tests, or permitted to take such
actions, shall be presumed.
(Source: P.A. 103-22, eff. 8-8-23.)
Section 50. The Perinatal HIV Prevention Act is amended by
changing Section 15 as follows:
(410 ILCS 335/15)
Sec. 15. Reporting.
(a) Health care facilities shall adopt a policy that
provides that a report of a preliminarily HIV-positive woman
identified by a rapid HIV test or a report of a preliminarily
HIV-exposed newborn infant identified by a rapid HIV test
shall be made to the Department's Perinatal HIV Hotline within
12 hours but not later than 24 hours of the test result.
Section 15 of the AIDS Confidentiality Act applies to
reporting under this Act, except that the immunities set forth
in that Section do not apply in cases of willful or wanton
misconduct.
(b) The Department shall adopt rules specifying the
information required in reporting the preliminarily

HB5076 Engrossed - 66 - LRB103 39339 CES 69501 b
HIV-positive pregnant or post-partum woman and preliminarily
HIV-exposed newborn infant and the method of reporting. In
adopting the rules, the Department shall consider the need for
information, protections for the privacy and confidentiality
of the infant and parents, the need to provide access to care
and follow-up services to the infant, and procedures for
destruction of records maintained by the Department if,
through subsequent HIV testing, the pregnant or post-partum
woman or newborn infant is found to be HIV-negative.
(c) The confidentiality provisions of the AIDS
Confidentiality Act shall apply to the reports of cases of
perinatal HIV made pursuant to this Section.
(d) Health care facilities shall monthly report aggregate
statistics to the Department that include the number of
pregnant or delivering women who presented with known HIV
status; the number of pregnant women rapidly tested for HIV in
labor and delivery as either a first HIV test or a repeat third
trimester HIV test; the number of newborn infants rapidly
tested for HIV-exposure because the HIV status of the
delivering woman was unknown in the third trimester, or the
delivering woman refused testing; the number of preliminarily
HIV-positive pregnant or delivering women and preliminarily
HIV-exposed newborn infants identified; the number of families
referred to case management; and other information the
Department determines is necessary to measure progress under
the provisions of this Act. Health care facilities must report

HB5076 Engrossed - 67 - LRB103 39339 CES 69501 b
the confirmatory test result when it becomes available for
each preliminarily positive rapid HIV test performed on the
pregnant or delivering woman and on a newborn.
(e) The Department or its authorized representative shall
provide case management services to the preliminarily positive
pregnant or post-partum woman or the parent or guardian of the
preliminarily positive newborn infant to ensure access to
treatment and care and other services where the pregnant or
post-partum woman or the parent or guardian of the newborn
infant has consented to the services.
(f) Every health care facility caring for a newborn infant
whose mother had been diagnosed HIV positive prior to labor
and delivery shall report a case of perinatal HIV exposure in
accordance with the HIV/AIDS Registry Act, the Illinois
Sexually Transmitted Infection
Transmissible Disease Control
Act, and rules to be developed by the Department. If after 18
months from the date that the report was submitted, a newborn
infant is determined to not have HIV or AIDS, the Department
shall remove the newborn infant's name from all reports,
records, and files collected or created under this subsection
(f).
(Source: P.A. 100-265, eff. 8-22-17.)
Section 55
. The Juvenile Court Act of 1987 is amended by
changing Section 2-11 as follows:

HB5076 Engrossed - 68 - LRB103 39339 CES 69501 b
(705 ILCS 405/2-11) (from Ch. 37, par. 802-11)
Sec. 2-11. Medical and dental treatment and care. At all
times during temporary custody or shelter care, the court may
authorize a physician, a hospital or any other appropriate
health care provider to provide medical, dental or surgical
procedures if such procedures are necessary to safeguard the
minor's life or health.
With respect to any minor for whom the Department of
Children and Family Services Guardianship Administrator is
appointed the temporary custodian, the Guardianship
Administrator or the Guardianship Administrator's designee
shall be deemed the minor's legally authorized representative
for purposes of consenting to an HIV test and obtaining and
disclosing information concerning such test pursuant to the
AIDS Confidentiality Act and for purposes of consenting to the
release of information pursuant to the Illinois Sexually
Transmitted Infection Transmissible Disease Control Act.
Any person who administers an HIV test upon the consent of
the Department of Children and Family Services Guardianship
Administrator or the Guardianship Administrator's designee, or
who discloses the results of such tests to the Department's
Guardianship Administrator or the Guardianship Administrator's
designee, shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of such
actions. For the purpose of any proceedings, civil or
criminal, the good faith of any persons required to administer

HB5076 Engrossed - 69 - LRB103 39339 CES 69501 b
or disclose the results of tests, or permitted to take such
actions, shall be presumed.
(Source: P.A. 103-22, eff. 8-8-23.)
Section 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.