Bill Text: IL HB5202 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Repeals the Reproductive Health Act. Creates the Illinois Abortion Law of 2024 containing the provisions of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as provisions defining "viability" to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining "fetal heartbeat" as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Creates the Partial-birth Abortion Ban Act of 2024 and the Abortion Performance Refusal Act of 2024 containing the provisions of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Act 101-13. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-09 - Referred to Rules Committee [HB5202 Detail]

Download: Illinois-2023-HB5202-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5202

Introduced , by Rep. Brad Halbrook

SYNOPSIS AS INTRODUCED:
See Index

Repeals the Reproductive Health Act. Creates the Illinois Abortion Law of 2024 containing the provisions of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as provisions defining "viability" to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining "fetal heartbeat" as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Creates the Partial-birth Abortion Ban Act of 2024 and the Abortion Performance Refusal Act of 2024 containing the provisions of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Act 101-13. Effective immediately.
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A BILL FOR

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1 AN ACT concerning abortion.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
Article 1.
5 Section 1. Intent. It is the intention of the General
6Assembly of the State of Illinois to reasonably regulate
7abortion in conformance with the legal standards set forth in
8the decisions of the United States Supreme Court of January
922, 1973.
10 Section 2. Definitions. Unless the language or context
11clearly indicates a different meaning is intended, the
12following words or phrases for the purpose of this Law shall be
13given the meaning ascribed to them:
14 (1) "Viability" means either:
15 (A) that stage of fetal development when, in the
16 medical judgment of the attending physician based on the
17 particular facts of the case before the attending
18 physician, there is a reasonable likelihood of sustained
19 survival of the fetus outside the womb, with or without
20 artificial support; or
21 (B) when, in the medical judgment of the attending
22 physician based on the particular facts of the case before

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1 the attending physician, the unborn child has a fetal
2 heartbeat.
3 (2) "Physician" means any person licensed to practice
4medicine in all its branches under the Illinois Medical
5Practice Act of 1987.
6 (3) "Department" means the Department of Public Health.
7 (4) "Abortion" means the use of any instrument, medicine,
8drug or any other substance or device to terminate the
9pregnancy of a woman known to be pregnant with an intention
10other than to increase the probability of a live birth, to
11preserve the life or health of the child after live birth, or
12to remove a dead fetus.
13 (5) "Fertilization" and "conception" each mean the
14fertilization of a human ovum by a human sperm, which shall be
15deemed to have occurred at the time when it is known a
16spermatozoon has penetrated the cell membrane of the ovum.
17 (6) "Fetus" and "unborn child" each mean an individual
18organism of the species homo sapiens from fertilization until
19live birth.
20 (6.5) "Fetal heartbeat" means cardiac activity or the
21steady and repetitive rhythmic contraction of the fetal heart
22within the gestational sac.
23 (7) "Abortifacient" means any instrument, medicine, drug,
24or any other substance or device which is known to cause fetal
25death when employed in the usual and customary use for which it
26is manufactured, whether or not the fetus is known to exist

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1when such substance or device is employed.
2 (8) "Born alive", "live born", and "live birth", when
3applied to an individual organism of the species homo sapiens,
4each mean he or she was completely expelled or extracted from
5his or her mother and after such separation breathed or showed
6evidence of any of the following: beating of the heart,
7pulsation of the umbilical cord, or definite movement of
8voluntary muscles, irrespective of the duration of pregnancy
9and whether or not the umbilical cord has been cut or the
10placenta is attached.
11 Section 3.1. Medical judgment. No abortion shall be
12performed except by a physician after either (a) he or she
13determines that, in his or her best clinical judgment, the
14abortion is necessary, or (b) he or she receives a written
15statement or oral communication by another physician,
16hereinafter called the "referring physician", certifying that
17in the referring physician's best clinical judgment the
18abortion is necessary. Any person who intentionally or
19knowingly performs an abortion contrary to the requirements of
20Section 3.1 commits a Class 2 felony.
21 Section 5. When fetus is viable.
22 (a) When the fetus is viable no abortion shall be
23performed unless in the medical judgment of the attending or
24referring physician, based on the particular facts of the case

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1before him or her, it is necessary to preserve the life or
2health of the mother. Intentional, knowing, or reckless
3failure to conform to the requirements of this subsection is a
4Class 2 felony.
5 (b) When the fetus is viable the physician shall certify
6in writing, on a form prescribed by the Department under
7Section 10, the medical indications which, in his or her
8medical judgment based on the particular facts of the case
9before him or her, warrant performance of the abortion to
10preserve the life or health of the mother.
11 Section 6. Abortion methods, restrictions, and
12requirements.
13 (1) (a) Any physician who intentionally performs an
14abortion when, in his or her medical judgment based on the
15particular facts of the case before him or her, there is a
16reasonable likelihood of sustained survival of the fetus
17outside the womb, with or without artificial support, shall
18utilize that method of abortion which, of those he or she knows
19to be available, is in his or her medical judgment most likely
20to preserve the life and health of the fetus.
21 (b) The physician shall certify in writing, on a form
22prescribed by the Department under Section 10, the available
23methods considered and the reasons for choosing the method
24employed.
25 (c) Any physician who intentionally, knowingly, or

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1recklessly violates Section 6(1)(a) commits a Class 3 felony.
2 (2) (a) No abortion shall be performed or induced when the
3fetus is viable unless there is in attendance a physician
4other than the physician performing or inducing the abortion
5who shall take control of and provide immediate medical care
6for any child born alive as a result of the abortion. This
7requirement shall not apply when, in the medical judgment of
8the physician performing or inducing the abortion based on the
9particular facts of the case before him or her, there exists a
10medical emergency; in such a case, the physician shall
11describe the basis of this judgment on the form prescribed by
12Section 10. Any physician who intentionally performs or
13induces such an abortion and who intentionally, knowingly, or
14recklessly fails to arrange for the attendance of such a
15second physician in violation of Section 6(2)(a) commits a
16Class 3 felony.
17 (b) Subsequent to the abortion, if a child is born alive,
18the physician required by Section 6(2)(a) to be in attendance
19shall exercise the same degree of professional skill, care,
20and diligence to preserve the life and health of the child as
21would be required of a physician providing immediate medical
22care to a child born alive in the course of a pregnancy
23termination which was not an abortion. Any such physician who
24intentionally, knowingly, or recklessly violates Section
256(2)(b) commits a Class 3 felony.
26 (3) The law of this State shall not be construed to imply

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1that any living individual organism of the species homo
2sapiens who has been born alive is not an individual under the
3Criminal Code of 1961 or Criminal Code of 2012.
4 (4) (a) Any physician who intentionally performs an
5abortion when, in his or her medical judgment based on the
6particular facts of the case before him or her, there is a
7reasonable possibility of sustained survival of the fetus
8outside the womb, with or without artificial support, shall
9utilize that method of abortion which, of those he or she knows
10to be available, is in his or her medical judgment most likely
11to preserve the life and health of the fetus.
12 (b) The physician shall certify in writing, on a form
13prescribed by the Department under Section 10, the available
14methods considered and the reasons for choosing the method
15employed.
16 (c) Any physician who intentionally, knowingly, or
17recklessly violates the provisions of Section 6(4)(a) commits
18a Class 3 felony.
19 (5) Nothing in Section 6 requires a physician to employ a
20method of abortion which, in the medical judgment of the
21physician performing the abortion based on the particular
22facts of the case before him or her, would increase medical
23risk to the mother.
24 (6) When the fetus is viable and when there exists
25reasonable medical certainty (a) that the particular method of
26abortion to be employed will cause organic pain to the fetus,

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1and (b) that use of an anesthetic or analgesic would abolish or
2alleviate organic pain to the fetus caused by the particular
3method of abortion to be employed, then the physician who is to
4perform the abortion or his or her agent or the referring
5physician or his or her agent shall inform the woman upon whom
6the abortion is to be performed that such an anesthetic or
7analgesic is available, if he or she knows it to be available,
8for use to abolish or alleviate organic pain caused to the
9fetus by the particular method of abortion to be employed. Any
10person who performs an abortion with knowledge that any such
11reasonable medical certainty exists and that such an
12anesthetic or analgesic is available, and intentionally fails
13to so inform the woman or to ascertain that the woman has been
14so informed commits a Class B misdemeanor. The foregoing
15requirements of this subsection shall not apply (a) when in
16the medical judgment of the physician who is to perform the
17abortion or the referring physician based upon the particular
18facts of the case before him or her (i) there exists a medical
19emergency or (ii) the administration of such an anesthetic or
20analgesic would decrease a possibility of sustained survival
21of the fetus apart from the body of the mother, with or without
22artificial support, or (b) when the physician who is to
23perform the abortion administers an anesthetic or an analgesic
24to the woman or the fetus and he or she knows there exists
25reasonable medical certainty that such use will abolish
26organic pain caused to the fetus during the course of the

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1abortion.
2 (7) No person shall sell or experiment upon a fetus
3produced by the fertilization of a human ovum by a human sperm
4unless such experimentation is therapeutic to the fetus
5thereby produced. Intentional violation of this section is a
6Class A misdemeanor. Nothing in this subsection is intended to
7prohibit the performance of in vitro fertilization.
8 (8) No person shall intentionally perform an abortion with
9knowledge that the pregnant woman is seeking the abortion
10solely on account of the sex of the fetus. Nothing in this
11subsection shall be construed to proscribe the performance of
12an abortion on account of the sex of the fetus because of a
13genetic disorder linked to that sex. If the application of
14this subsection to the period of pregnancy prior to viability
15is held invalid, then such invalidity shall not affect its
16application to the period of pregnancy subsequent to
17viability.
18 Section 10. Report and form. A report of each abortion
19performed shall be made to the Department on forms prescribed
20by it. Such report forms shall not identify the patient by
21name, but by an individual number to be noted in the patient's
22permanent record in the possession of the physician, and shall
23include information concerning:
24 (1) the identification of the physician who performed
25 the abortion and the facility where the abortion was

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1 performed and a patient identification number;
2 (2) the state in which the patient resides;
3 (3) the patient's date of birth, race, and marital
4 status;
5 (4) the number of prior pregnancies;
6 (5) the date of last menstrual period;
7 (6) the type of abortion procedure performed;
8 (7) complications and whether the abortion resulted in
9 a live birth;
10 (8) the date the abortion was performed;
11 (9) medical indications for any abortion performed
12 when the fetus was viable;
13 (10) the information required by Sections 6(1)(b) and
14 6(4)(b), if applicable;
15 (11) the basis for any medical judgment that a medical
16 emergency existed when required under Sections 6(2)(a) and
17 6(6) and when required to be reported in accordance with
18 this Section by any provision of this Law; and
19 (12) the pathologist's test results pursuant to
20 Section 12.
21 Such form shall be completed by the hospital or other
22licensed facility, signed by the physician who performed the
23abortion or pregnancy termination, and transmitted to the
24Department not later than 10 days following the end of the
25month in which the abortion was performed.
26 If a complication of an abortion occurs or becomes known

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1after submission of such form, a correction using the same
2patient identification number shall be submitted to the
3Department within 10 days of its becoming known.
4 The Department may prescribe rules regarding the
5administration of this Law and shall prescribe rules to secure
6the confidentiality of the woman's identity in the information
7to be provided under the Vital Records Act. All reports
8received by the Department shall be treated as confidential
9and the Department shall secure the woman's anonymity. Such
10reports shall be used only for statistical purposes.
11 Upon 30 days public notice, the Department is empowered to
12require reporting of any additional information which, in the
13sound discretion of the Department, is necessary to develop
14statistical data relating to the protection of maternal or
15fetal life or health, or is necessary to enforce the
16provisions of this Law, or is necessary to develop useful
17criteria for medical decisions. The Department shall annually
18report to the General Assembly all statistical data gathered
19under this Law and its recommendations to further the purpose
20of this Law.
21 The requirement for reporting to the General Assembly
22shall be satisfied by filing copies of the report as required
23by Section 3.1 of the General Assembly Organization Act, and
24filing such additional copies with the State Government Report
25Distribution Center for the General Assembly as is required
26under paragraph (t) of Section 7 of the State Library Act.

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1 Section 10.1. Report of complications. Any physician who
2diagnoses a woman as having complications resulting from an
3abortion shall report, within a reasonable period of time, the
4diagnosis and a summary of her physical symptoms to the
5Department in accordance with procedures and upon forms
6required by the Department. The Department shall define the
7complications required to be reported by rule. The
8complications defined by rule shall be those which, according
9to contemporary medical standards, are manifested by symptoms
10with severity equal to or greater than hemorrhaging requiring
11transfusion, infection, incomplete abortion, or punctured
12organs. If the physician making the diagnosis of a
13complication knows the name or location of the facility where
14the abortion was performed, he or she shall report such
15information to the Department.
16 Any physician who intentionally violates this Section
17shall be subject to revocation of his or her license pursuant
18to paragraph (22) of Section 22 of the Medical Practice Act of
191987.
20 Section 11. Violations. (1) Any person who intentionally
21violates any provision of this Law commits a Class A
22misdemeanor unless a specific penalty is otherwise provided.
23Any person who intentionally falsifies any writing required by
24this Law commits a Class A misdemeanor.

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1 Intentional, knowing, reckless, or negligent violations of
2this Law shall constitute unprofessional conduct which causes
3public harm under Section 22 of the Medical Practice Act of
41987, Section 70-5 of the Nurse Practice Act, and Section 21 of
5the Physician Assistant Practice Act of 1987.
6 Intentional, knowing, reckless, or negligent violations of
7this Law will constitute grounds for refusal, denial,
8revocation, suspension, or withdrawal of license, certificate,
9or permit under Section 30 of the Pharmacy Practice Act,
10Section 7 of the Ambulatory Surgical Treatment Center Act, and
11Section 7 of the Hospital Licensing Act.
12 (2) Any hospital or licensed facility which, or any
13physician who intentionally, knowingly, or recklessly fails to
14submit a complete report to the Department in accordance with
15the provisions of Section 10 and any person who intentionally,
16knowingly, recklessly, or negligently fails to maintain the
17confidentiality of any reports required under this Law or
18reports required by Sections 10.1 or 12 commits a Class B
19misdemeanor.
20 (3) Any person who sells any drug, medicine, instrument,
21or other substance which he or she knows to be an abortifacient
22and which is in fact an abortifacient, unless upon
23prescription of a physician, is guilty of a Class B
24misdemeanor. Any person who prescribes or administers any
25instrument, medicine, drug, or other substance or device,
26which he or she knows to be an abortifacient, and which is in

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1fact an abortifacient, and intentionally, knowingly, or
2recklessly fails to inform the person for whom it is
3prescribed or upon whom it is administered that it is an
4abortifacient commits a Class C misdemeanor.
5 (4) Any person who intentionally, knowingly, or recklessly
6performs upon a woman what he or she represents to that woman
7to be an abortion when he or she knows or should know that she
8is not pregnant commits a Class 2 felony and shall be
9answerable in civil damages equal to 3 times the amount of
10proved damages.
11 Section 11.1. Referral fees.
12 (a) The payment or receipt of a referral fee in connection
13with the performance of an abortion is a Class 4 felony.
14 (b) For purposes of this Section, "referral fee" means the
15transfer of anything of value between a doctor who performs an
16abortion or an operator or employee of a clinic at which an
17abortion is performed and the person who advised the woman
18receiving the abortion to use the services of that doctor or
19clinic.
20 Section 12. Analysis and tissue report. The dead fetus and
21all tissue removed at the time of abortion shall be submitted
22for a gross and microscopic analysis and tissue report to a
23board eligible or certified pathologist as a matter of record
24in all cases. The results of the analysis and report shall be

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1given to the physician who performed the abortion within 7
2days of the abortion and such physician shall report any
3complications relevant to the woman's medical condition to his
4or her patient within 48 hours of receiving a report if
5possible. Any evidence of live birth or of viability shall be
6reported within 7 days, if possible, to the Department by the
7pathologist. Intentional failure of the pathologist to report
8any evidence of live birth or of viability to the Department is
9a Class B misdemeanor.
10 Section 12.1. Use of tissues or cells. Nothing in this Act
11shall prohibit the use of any tissues or cells obtained from a
12dead fetus or dead premature infant whose death did not result
13from an induced abortion, for therapeutic purposes or
14scientific, research, or laboratory experimentation, provided
15that the written consent to such use is obtained from one of
16the parents of such fetus or infant.
17 Section 13. Refusal. No physician, hospital, ambulatory
18surgical center, nor employee thereof, shall be required
19against his, her, or its conscience declared in writing to
20perform, permit, or participate in any abortion, and the
21failure or refusal to do so shall not be the basis for any
22civil, criminal, administrative, or disciplinary action,
23proceeding, penalty, or punishment. If any request for an
24abortion is denied, the patient shall be promptly notified.

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1 Section 14. Severability; rules; effective dates.
2 (a) If any provision, word, phrase, or clause of this Act
3or the application thereof to any person or circumstance shall
4be held invalid, such invalidity shall not affect the
5provisions, words, phrases, clauses, or application of this
6Act which can be given effect without the invalid provision,
7word, phrase, clause, or application, and to this end the
8provisions, words, phrases, and clauses of this Act are
9declared to be severable.
10 (b) Within 60 days from the time this Section becomes law,
11the Department shall issue rules pursuant to Section 10.
12Insofar as Section 10 requires registration under the Vital
13Records Act, it shall not take effect until such rules are
14issued. The Department shall make available the forms required
15under Section 10 within 30 days of the time this Section
16becomes law. No requirement that any person report information
17to the Department shall become effective until the Department
18has made available the forms required under Section 10. All
19other provisions of this amended Law shall take effect
20immediately upon enactment.
21 Section 15. Short title. This Article shall be known and
22may be cited as the Illinois Abortion Law of 2024. References
23in this Article to "this Act" mean this Article.

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1
Article 2.
2 Section 201. Short title. This Article may be cited as the
3Partial-birth Abortion Ban Act of 2024. References in this
4Article to "this Act" mean this Article.
5 Section 205. Definitions. In this Act:
6 "Partial-birth abortion" means an abortion in which the
7person performing the abortion partially vaginally delivers a
8living human fetus or infant before killing the fetus or
9infant and completing the delivery. The terms "fetus" and
10"infant" are used interchangeably to refer to the biological
11offspring of human parents.
12 Section 210. Partial-birth abortions prohibited. Any
13person who knowingly performs a partial-birth abortion and
14thereby kills a human fetus or infant is guilty of a Class 4
15felony. This Section does not apply to a partial-birth
16abortion that is necessary to save the life of a mother because
17her life is endangered by a physical disorder, physical
18illness, or physical injury, including a life-endangering
19condition caused by or arising from the pregnancy itself,
20provided that no other medical procedure would suffice for
21that purpose.
22 Section 215. Civil action. The maternal grandparents of

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1the fetus or infant, if the mother has not attained the age of
218 years at the time of the abortion, may in a civil action
3obtain appropriate relief unless the pregnancy resulted from
4the plaintiff's criminal conduct or the plaintiff consented to
5the abortion. The relief shall include money damages for all
6injuries, psychological and physical, occasioned by the
7violation of this Act and statutory damages equal to 3 times
8the cost of the partial-birth abortion.
9 Section 220. Prosecution of woman prohibited. A woman on
10whom a partial-birth abortion is performed may not be
11prosecuted under this Act, for a conspiracy to violate this
12Act, or for an offense under Article 31 of the Criminal Code of
131961 or Criminal Code of 2012 based on a violation of this Act,
14nor may she be held accountable under Article 5 of the Criminal
15Code of 1961 or Criminal Code of 2012 for an offense based on a
16violation of this Act.
17
Article 3.
18 Section 301. Short title. This Article may be cited as the
19Abortion Performance Refusal Act of 2024. References in this
20Article to "this Act" mean this Article.
21 Section 305. Liability; discrimination for refusal.
22 (a) No physician, nurse, or other person who refuses to

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1recommend, perform, or assist in the performance of an
2abortion, whether such abortion be a crime or not, shall be
3liable to any person for damages allegedly arising from such
4refusal.
5 (b) No hospital that refuses to permit the performance of
6an abortion upon its premises, whether such abortion be a
7crime or not, shall be liable to any person for damages
8allegedly arising from such refusal.
9 (c) Any person, association, partnership, or corporation
10that discriminates against another person in any way,
11including, but not limited to, hiring, promotion, advancement,
12transfer, licensing, granting of hospital privileges, or staff
13appointments, because of that person's refusal to recommend,
14perform, or assist in the performance of an abortion, whether
15such abortion be a crime or not, shall be answerable in civil
16damages equal to 3 times the amount of proved damages, but in
17no case less than $2,000.
18 (d) The license of any hospital, doctor, nurse, or any
19other medical personnel shall not be revoked or suspended
20because of a refusal to permit, recommend, perform, or assist
21in the performance of an abortion.
22
Article 4.
23 (775 ILCS 55/Act rep.)
24 Section 405. The Reproductive Health Act is repealed.

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1
Article 5.
2 Section 505. The Ambulatory Surgical Treatment Center Act
3is amended by adding Section 6.2 as follows:
4 (210 ILCS 5/6.2 new)
5 Sec. 6.2. Condition for licensure. Notwithstanding any
6other provision of this Act, any corporation operating an
7Ambulatory Surgical Treatment Center devoted primarily to
8providing facilities for abortion must have a physician, who
9is licensed to practice medicine in all of its branches and is
10actively engaged in the practice of medicine at the Center, on
11the board of directors as a condition to licensure of the
12Center.
13 Section 510. The Sexual Assault Survivors Emergency
14Treatment Act is amended by adding Section 9.1 as follows:
15 (410 ILCS 70/9.1 new)
16 Sec. 9.1. Provision of services related to abortion.
17Nothing in this Act shall be construed to require a hospital or
18an approved pediatric health care facility to provide any
19services which relate to an abortion.
20 Section 515. The Code of Civil Procedure is amended by

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1adding Section 11-107.1a as follows:
2 (735 ILCS 5/11-107.1a new)
3 Sec. 11-107.1a. Injunctive relief for the father of an
4unborn child in an abortion related decision by the mother. In
5any case when a married woman wishes to have an abortion
6performed upon her, and her spouse, who is the father of the
7unborn child, is opposed to the performance of that abortion,
8a court may hear testimony from both parties and balance the
9rights and interests of those parties.
10 When the interests of the husband in preventing the
11abortion outweigh those of the wife in having an abortion
12performed after the unborn child is viable, the court may
13issue an injunction against the performance of the abortion
14but only where the court makes a finding that the mother's life
15or physical health are not in danger.
16
Article 6.
17 Section 605. The State Employees Group Insurance Act of
181971 is amended by changing Section 6.11 as follows:
19 (5 ILCS 375/6.11)
20 Sec. 6.11. Required health benefits; Illinois Insurance
21Code requirements. The program of health benefits shall
22provide the post-mastectomy care benefits required to be

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1covered by a policy of accident and health insurance under
2Section 356t of the Illinois Insurance Code. The program of
3health benefits shall provide the coverage required under
4Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
5356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
6356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
7356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
8356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
9356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60,
10and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and
11356z.70 of the Illinois Insurance Code. The program of health
12benefits must comply with Sections 155.22a, 155.37, 355b,
13356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
14Insurance Code. The program of health benefits shall provide
15the coverage required under Section 356m of the Illinois
16Insurance Code and, for the employees of the State Employee
17Group Insurance Program only, the coverage as also provided in
18Section 6.11B of this Act. The Department of Insurance shall
19enforce the requirements of this Section with respect to
20Sections 370c and 370c.1 of the Illinois Insurance Code; all
21other requirements of this Section shall be enforced by the
22Department of Central Management Services.
23 Rulemaking authority to implement Public Act 95-1045, if
24any, is conditioned on the rules being adopted in accordance
25with all provisions of the Illinois Administrative Procedure
26Act and all rules and procedures of the Joint Committee on

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1Administrative Rules; any purported rule not so adopted, for
2whatever reason, is unauthorized.
3(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
4102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
51-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,
6eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
7102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
81-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,
9eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;
10103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.
118-11-23; revised 8-29-23.)
12 Section 610. The Children and Family Services Act is
13amended by changing Section 5 as follows:
14 (20 ILCS 505/5)
15 Sec. 5. Direct child welfare services; Department of
16Children and Family Services. To provide direct child welfare
17services when not available through other public or private
18child care or program facilities.
19 (a) For purposes of this Section:
20 (1) "Children" means persons found within the State
21 who are under the age of 18 years. The term also includes
22 persons under age 21 who:
23 (A) were committed to the Department pursuant to
24 the Juvenile Court Act or the Juvenile Court Act of

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1 1987 and who continue under the jurisdiction of the
2 court; or
3 (B) were accepted for care, service and training
4 by the Department prior to the age of 18 and whose best
5 interest in the discretion of the Department would be
6 served by continuing that care, service and training
7 because of severe emotional disturbances, physical
8 disability, social adjustment or any combination
9 thereof, or because of the need to complete an
10 educational or vocational training program.
11 (2) "Homeless youth" means persons found within the
12 State who are under the age of 19, are not in a safe and
13 stable living situation and cannot be reunited with their
14 families.
15 (3) "Child welfare services" means public social
16 services which are directed toward the accomplishment of
17 the following purposes:
18 (A) protecting and promoting the health, safety
19 and welfare of children, including homeless,
20 dependent, or neglected children;
21 (B) remedying, or assisting in the solution of
22 problems which may result in, the neglect, abuse,
23 exploitation, or delinquency of children;
24 (C) preventing the unnecessary separation of
25 children from their families by identifying family
26 problems, assisting families in resolving their

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1 problems, and preventing the breakup of the family
2 where the prevention of child removal is desirable and
3 possible when the child can be cared for at home
4 without endangering the child's health and safety;
5 (D) restoring to their families children who have
6 been removed, by the provision of services to the
7 child and the families when the child can be cared for
8 at home without endangering the child's health and
9 safety;
10 (E) placing children in suitable permanent family
11 arrangements, through guardianship or adoption, in
12 cases where restoration to the birth family is not
13 safe, possible, or appropriate;
14 (F) at the time of placement, conducting
15 concurrent planning, as described in subsection (l-1)
16 of this Section, so that permanency may occur at the
17 earliest opportunity. Consideration should be given so
18 that if reunification fails or is delayed, the
19 placement made is the best available placement to
20 provide permanency for the child;
21 (G) (blank);
22 (H) (blank); and
23 (I) placing and maintaining children in facilities
24 that provide separate living quarters for children
25 under the age of 18 and for children 18 years of age
26 and older, unless a child 18 years of age is in the

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1 last year of high school education or vocational
2 training, in an approved individual or group treatment
3 program, in a licensed shelter facility, or secure
4 child care facility. The Department is not required to
5 place or maintain children:
6 (i) who are in a foster home, or
7 (ii) who are persons with a developmental
8 disability, as defined in the Mental Health and
9 Developmental Disabilities Code, or
10 (iii) who are female children who are
11 pregnant, pregnant and parenting, or parenting, or
12 (iv) who are siblings, in facilities that
13 provide separate living quarters for children 18
14 years of age and older and for children under 18
15 years of age.
16 (b) Nothing in this Section shall be construed to
17authorize the expenditure of public funds for the purpose of
18performing abortions. (Blank).
19 (b-5) The Department shall adopt rules to establish a
20process for all licensed residential providers in Illinois to
21submit data as required by the Department, if they contract or
22receive reimbursement for children's mental health, substance
23use, and developmental disability services from the Department
24of Human Services, the Department of Juvenile Justice, or the
25Department of Healthcare and Family Services. The requested
26data must include, but is not limited to, capacity, staffing,

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1and occupancy data for the purpose of establishing State need
2and placement availability.
3 All information collected, shared, or stored pursuant to
4this subsection shall be handled in accordance with all State
5and federal privacy laws and accompanying regulations and
6rules, including without limitation the federal Health
7Insurance Portability and Accountability Act of 1996 (Public
8Law 104-191) and the Mental Health and Developmental
9Disabilities Confidentiality Act.
10 (c) The Department shall establish and maintain
11tax-supported child welfare services and extend and seek to
12improve voluntary services throughout the State, to the end
13that services and care shall be available on an equal basis
14throughout the State to children requiring such services.
15 (d) The Director may authorize advance disbursements for
16any new program initiative to any agency contracting with the
17Department. As a prerequisite for an advance disbursement, the
18contractor must post a surety bond in the amount of the advance
19disbursement and have a purchase of service contract approved
20by the Department. The Department may pay up to 2 months
21operational expenses in advance. The amount of the advance
22disbursement shall be prorated over the life of the contract
23or the remaining months of the fiscal year, whichever is less,
24and the installment amount shall then be deducted from future
25bills. Advance disbursement authorizations for new initiatives
26shall not be made to any agency after that agency has operated

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1during 2 consecutive fiscal years. The requirements of this
2Section concerning advance disbursements shall not apply with
3respect to the following: payments to local public agencies
4for child day care services as authorized by Section 5a of this
5Act; and youth service programs receiving grant funds under
6Section 17a-4.
7 (e) (Blank).
8 (f) (Blank).
9 (g) The Department shall establish rules and regulations
10concerning its operation of programs designed to meet the
11goals of child safety and protection, family preservation,
12family reunification, and adoption, including, but not limited
13to:
14 (1) adoption;
15 (2) foster care;
16 (3) family counseling;
17 (4) protective services;
18 (5) (blank);
19 (6) homemaker service;
20 (7) return of runaway children;
21 (8) (blank);
22 (9) placement under Section 5-7 of the Juvenile Court
23 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
24 Court Act of 1987 in accordance with the federal Adoption
25 Assistance and Child Welfare Act of 1980; and
26 (10) interstate services.

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

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

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1subsection (j) in the interim period beginning when the
2child's adoptive parents died and ending with the finalization
3of the new adoption of the child by another adoptive parent or
4parents. The Department may also provide categories of
5financial assistance and education assistance grants, and
6shall establish rules and regulations for the assistance and
7grants, to persons appointed guardian of the person under
8Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
94-25, or 5-740 of the Juvenile Court Act of 1987 for children
10who were youth in care for 12 months immediately prior to the
11appointment of the guardian.
12 The amount of assistance may vary, depending upon the
13needs of the child and the adoptive parents, as set forth in
14the annual assistance agreement. Special purpose grants are
15allowed where the child requires special service but such
16costs may not exceed the amounts which similar services would
17cost the Department if it were to provide or secure them as
18guardian of the child.
19 Any financial assistance provided under this subsection is
20inalienable by assignment, sale, execution, attachment,
21garnishment, or any other remedy for recovery or collection of
22a judgment or debt.
23 (j-5) The Department shall not deny or delay the placement
24of a child for adoption if an approved family is available
25either outside of the Department region handling the case, or
26outside of the State of Illinois.

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1 (k) The Department shall accept for care and training any
2child who has been adjudicated neglected or abused, or
3dependent committed to it pursuant to the Juvenile Court Act
4or the Juvenile Court Act of 1987.
5 (l) The Department shall offer family preservation
6services, as defined in Section 8.2 of the Abused and
7Neglected Child Reporting Act, to help families, including
8adoptive and extended families. Family preservation services
9shall be offered (i) to prevent the placement of children in
10substitute care when the children can be cared for at home or
11in the custody of the person responsible for the children's
12welfare, (ii) to reunite children with their families, or
13(iii) to maintain an adoptive placement. Family preservation
14services shall only be offered when doing so will not endanger
15the children's health or safety. With respect to children who
16are in substitute care pursuant to the Juvenile Court Act of
171987, family preservation services shall not be offered if a
18goal other than those of paragraph subdivisions (A), (B), or
19(B-1) of subsection (2) of Section 2-28 of that Act has been
20set, except that reunification services may be offered as
21provided in paragraph (F) of subsection (2) of Section 2-28 of
22that Act. Nothing in this paragraph shall be construed to
23create a private right of action or claim on the part of any
24individual or child welfare agency, except that when a child
25is the subject of an action under Article II of the Juvenile
26Court Act of 1987 and the child's service plan calls for

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

HB5202- 33 -LRB103 38453 CES 68589 b
1child or family after completion of a family assessment, as an
2alternative to an investigation, as provided under the
3"differential response program" provided for in subsection
4(a-5) of Section 7.4 of the Abused and Neglected Child
5Reporting Act.
6 The Department may, at its discretion except for those
7children also adjudicated neglected or dependent, accept for
8care and training any child who has been adjudicated addicted,
9as a truant minor in need of supervision or as a minor
10requiring authoritative intervention, under the Juvenile Court
11Act or the Juvenile Court Act of 1987, but no such child shall
12be committed to the Department by any court without the
13approval of the Department. On and after January 1, 2015 (the
14effective date of Public Act 98-803) and before January 1,
152017, a minor charged with a criminal offense under the
16Criminal Code of 1961 or the Criminal Code of 2012 or
17adjudicated delinquent shall not be placed in the custody of
18or committed to the Department by any court, except (i) a minor
19less than 16 years of age committed to the Department under
20Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
21for whom an independent basis of abuse, neglect, or dependency
22exists, which must be defined by departmental rule, or (iii) a
23minor for whom the court has granted a supplemental petition
24to reinstate wardship pursuant to subsection (2) of Section
252-33 of the Juvenile Court Act of 1987. On and after January 1,
262017, a minor charged with a criminal offense under the

HB5202- 34 -LRB103 38453 CES 68589 b
1Criminal Code of 1961 or the Criminal Code of 2012 or
2adjudicated delinquent shall not be placed in the custody of
3or committed to the Department by any court, except (i) a minor
4less than 15 years of age committed to the Department under
5Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
6for whom an independent basis of abuse, neglect, or dependency
7exists, which must be defined by departmental rule, or (iii) a
8minor for whom the court has granted a supplemental petition
9to reinstate wardship pursuant to subsection (2) of Section
102-33 of the Juvenile Court Act of 1987. An independent basis
11exists when the allegations or adjudication of abuse, neglect,
12or dependency do not arise from the same facts, incident, or
13circumstances which give rise to a charge or adjudication of
14delinquency. The Department shall assign a caseworker to
15attend any hearing involving a youth in the care and custody of
16the Department who is placed on aftercare release, including
17hearings involving sanctions for violation of aftercare
18release conditions and aftercare release revocation hearings.
19 As soon as is possible after August 7, 2009 (the effective
20date of Public Act 96-134), the Department shall develop and
21implement a special program of family preservation services to
22support intact, foster, and adoptive families who are
23experiencing extreme hardships due to the difficulty and
24stress of caring for a child who has been diagnosed with a
25pervasive developmental disorder if the Department determines
26that those services are necessary to ensure the health and

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

HB5202- 36 -LRB103 38453 CES 68589 b
1earliest opportunity. Permanent living arrangements may
2include prevention of placement of a child outside the home of
3the family when the child can be cared for at home without
4endangering the child's health or safety; reunification with
5the family, when safe and appropriate, if temporary placement
6is necessary; or movement of the child toward the most
7permanent living arrangement and permanent legal status.
8 When determining reasonable efforts to be made with
9respect to a child, as described in this subsection, and in
10making such reasonable efforts, the child's health and safety
11shall be the paramount concern.
12 When a child is placed in foster care, the Department
13shall ensure and document that reasonable efforts were made to
14prevent or eliminate the need to remove the child from the
15child's home. The Department must make reasonable efforts to
16reunify the family when temporary placement of the child
17occurs unless otherwise required, pursuant to the Juvenile
18Court Act of 1987. At any time after the dispositional hearing
19where the Department believes that further reunification
20services would be ineffective, it may request a finding from
21the court that reasonable efforts are no longer appropriate.
22The Department is not required to provide further
23reunification services after such a finding.
24 A decision to place a child in substitute care shall be
25made with considerations of the child's health, safety, and
26best interests. At the time of placement, consideration should

HB5202- 37 -LRB103 38453 CES 68589 b
1also be given so that if reunification fails or is delayed, the
2placement made is the best available placement to provide
3permanency for the child.
4 The Department shall adopt rules addressing concurrent
5planning for reunification and permanency. The Department
6shall consider the following factors when determining
7appropriateness of concurrent planning:
8 (1) the likelihood of prompt reunification;
9 (2) the past history of the family;
10 (3) the barriers to reunification being addressed by
11 the family;
12 (4) the level of cooperation of the family;
13 (5) the foster parents' willingness to work with the
14 family to reunite;
15 (6) the willingness and ability of the foster family
16 to provide an adoptive home or long-term placement;
17 (7) the age of the child;
18 (8) placement of siblings.
19 (m) The Department may assume temporary custody of any
20child if:
21 (1) it has received a written consent to such
22 temporary custody signed by the parents of the child or by
23 the parent having custody of the child if the parents are
24 not living together or by the guardian or custodian of the
25 child if the child is not in the custody of either parent,
26 or

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1 (2) the child is found in the State and neither a
2 parent, guardian nor custodian of the child can be
3 located.
4If the child is found in the child's residence without a
5parent, guardian, custodian, or responsible caretaker, the
6Department may, instead of removing the child and assuming
7temporary custody, place an authorized representative of the
8Department in that residence until such time as a parent,
9guardian, or custodian enters the home and expresses a
10willingness and apparent ability to ensure the child's health
11and safety and resume permanent charge of the child, or until a
12relative enters the home and is willing and able to ensure the
13child's health and safety and assume charge of the child until
14a parent, guardian, or custodian enters the home and expresses
15such willingness and ability to ensure the child's safety and
16resume permanent charge. After a caretaker has remained in the
17home for a period not to exceed 12 hours, the Department must
18follow those procedures outlined in Section 2-9, 3-11, 4-8, or
195-415 of the Juvenile Court Act of 1987.
20 The Department shall have the authority, responsibilities
21and duties that a legal custodian of the child would have
22pursuant to subsection (9) of Section 1-3 of the Juvenile
23Court Act of 1987. Whenever a child is taken into temporary
24custody pursuant to an investigation under the Abused and
25Neglected Child Reporting Act, or pursuant to a referral and
26acceptance under the Juvenile Court Act of 1987 of a minor in

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1limited custody, the Department, during the period of
2temporary custody and before the child is brought before a
3judicial officer as required by Section 2-9, 3-11, 4-8, or
45-415 of the Juvenile Court Act of 1987, shall have the
5authority, responsibilities and duties that a legal custodian
6of the child would have under subsection (9) of Section 1-3 of
7the Juvenile Court Act of 1987.
8 The Department shall ensure that any child taken into
9custody is scheduled for an appointment for a medical
10examination.
11 A parent, guardian, or custodian of a child in the
12temporary custody of the Department who would have custody of
13the child if the child were not in the temporary custody of the
14Department may deliver to the Department a signed request that
15the Department surrender the temporary custody of the child.
16The Department may retain temporary custody of the child for
1710 days after the receipt of the request, during which period
18the Department may cause to be filed a petition pursuant to the
19Juvenile Court Act of 1987. If a petition is so filed, the
20Department shall retain temporary custody of the child until
21the court orders otherwise. If a petition is not filed within
22the 10-day period, the child shall be surrendered to the
23custody of the requesting parent, guardian, or custodian not
24later than the expiration of the 10-day period, at which time
25the authority and duties of the Department with respect to the
26temporary custody of the child shall terminate.

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

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1facility for board, clothing, care, training, and supervision
2of such a child that exceed the average per capita cost of
3maintaining and of caring for a child in institutions for
4dependent or neglected children operated by the Department.
5However, such restriction on payments does not apply in cases
6where children require specialized care and treatment for
7problems of severe emotional disturbance, physical disability,
8social adjustment, or any combination thereof and suitable
9facilities for the placement of such children are not
10available at payment rates within the limitations set forth in
11this Section. All reimbursements for services delivered shall
12be absolutely inalienable by assignment, sale, attachment, or
13garnishment or otherwise.
14 (n-1) The Department shall provide or authorize child
15welfare services, aimed at assisting minors to achieve
16sustainable self-sufficiency as independent adults, for any
17minor eligible for the reinstatement of wardship pursuant to
18subsection (2) of Section 2-33 of the Juvenile Court Act of
191987, whether or not such reinstatement is sought or allowed,
20provided that the minor consents to such services and has not
21yet attained the age of 21. The Department shall have
22responsibility for the development and delivery of services
23under this Section. An eligible youth may access services
24under this Section through the Department of Children and
25Family Services or by referral from the Department of Human
26Services. Youth participating in services under this Section

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

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1private agency decision by that agency. The Department shall
2ensure that any private child welfare agency, which accepts
3youth in care for placement, affords those rights to children
4and foster families. The Department shall accept for
5administrative review and an appeal hearing a complaint made
6by (i) a child or foster family concerning a decision
7following an initial review by a private child welfare agency
8or (ii) a prospective adoptive parent who alleges a violation
9of subsection (j-5) of this Section. An appeal of a decision
10concerning a change in the placement of a child shall be
11conducted in an expedited manner. A court determination that a
12current foster home placement is necessary and appropriate
13under Section 2-28 of the Juvenile Court Act of 1987 does not
14constitute a judicial determination on the merits of an
15administrative appeal, filed by a former foster parent,
16involving a change of placement decision.
17 (p) (Blank).
18 (q) The Department may receive and use, in their entirety,
19for the benefit of children any gift, donation, or bequest of
20money or other property which is received on behalf of such
21children, or any financial benefits to which such children are
22or may become entitled while under the jurisdiction or care of
23the Department, except that the benefits described in Section
245.46 must be used and conserved consistent with the provisions
25under Section 5.46.
26 The Department shall set up and administer no-cost,

HB5202- 44 -LRB103 38453 CES 68589 b
1interest-bearing accounts in appropriate financial
2institutions for children for whom the Department is legally
3responsible and who have been determined eligible for
4Veterans' Benefits, Social Security benefits, assistance
5allotments from the armed forces, court ordered payments,
6parental voluntary payments, Supplemental Security Income,
7Railroad Retirement payments, Black Lung benefits, or other
8miscellaneous payments. Interest earned by each account shall
9be credited to the account, unless disbursed in accordance
10with this subsection.
11 In disbursing funds from children's accounts, the
12Department shall:
13 (1) Establish standards in accordance with State and
14 federal laws for disbursing money from children's
15 accounts. In all circumstances, the Department's
16 Guardianship Administrator or the Guardianship
17 Administrator's designee must approve disbursements from
18 children's accounts. The Department shall be responsible
19 for keeping complete records of all disbursements for each
20 account for any purpose.
21 (2) Calculate on a monthly basis the amounts paid from
22 State funds for the child's board and care, medical care
23 not covered under Medicaid, and social services; and
24 utilize funds from the child's account, as covered by
25 regulation, to reimburse those costs. Monthly,
26 disbursements from all children's accounts, up to 1/12 of

HB5202- 45 -LRB103 38453 CES 68589 b
1 $13,000,000, shall be deposited by the Department into the
2 General Revenue Fund and the balance over 1/12 of
3 $13,000,000 into the DCFS Children's Services Fund.
4 (3) Maintain any balance remaining after reimbursing
5 for the child's costs of care, as specified in item (2).
6 The balance shall accumulate in accordance with relevant
7 State and federal laws and shall be disbursed to the child
8 or the child's guardian, or to the issuing agency.
9 (r) The Department shall promulgate regulations
10encouraging all adoption agencies to voluntarily forward to
11the Department or its agent names and addresses of all persons
12who have applied for and have been approved for adoption of a
13hard-to-place child or child with a disability and the names
14of such children who have not been placed for adoption. A list
15of such names and addresses shall be maintained by the
16Department or its agent, and coded lists which maintain the
17confidentiality of the person seeking to adopt the child and
18of the child shall be made available, without charge, to every
19adoption agency in the State to assist the agencies in placing
20such children for adoption. The Department may delegate to an
21agent its duty to maintain and make available such lists. The
22Department shall ensure that such agent maintains the
23confidentiality of the person seeking to adopt the child and
24of the child.
25 (s) The Department of Children and Family Services may
26establish and implement a program to reimburse Department and

HB5202- 46 -LRB103 38453 CES 68589 b
1private child welfare agency foster parents licensed by the
2Department of Children and Family Services for damages
3sustained by the foster parents as a result of the malicious or
4negligent acts of foster children, as well as providing third
5party coverage for such foster parents with regard to actions
6of foster children to other individuals. Such coverage will be
7secondary to the foster parent liability insurance policy, if
8applicable. The program shall be funded through appropriations
9from the General Revenue Fund, specifically designated for
10such purposes.
11 (t) The Department shall perform home studies and
12investigations and shall exercise supervision over visitation
13as ordered by a court pursuant to the Illinois Marriage and
14Dissolution of Marriage Act or the Adoption Act only if:
15 (1) an order entered by an Illinois court specifically
16 directs the Department to perform such services; and
17 (2) the court has ordered one or both of the parties to
18 the proceeding to reimburse the Department for its
19 reasonable costs for providing such services in accordance
20 with Department rules, or has determined that neither
21 party is financially able to pay.
22 The Department shall provide written notification to the
23court of the specific arrangements for supervised visitation
24and projected monthly costs within 60 days of the court order.
25The Department shall send to the court information related to
26the costs incurred except in cases where the court has

HB5202- 47 -LRB103 38453 CES 68589 b
1determined the parties are financially unable to pay. The
2court may order additional periodic reports as appropriate.
3 (u) In addition to other information that must be
4provided, whenever the Department places a child with a
5prospective adoptive parent or parents, in a licensed foster
6home, group home, or child care institution, or in a relative
7home, the Department shall provide to the prospective adoptive
8parent or parents or other caretaker:
9 (1) available detailed information concerning the
10 child's educational and health history, copies of
11 immunization records (including insurance and medical card
12 information), a history of the child's previous
13 placements, if any, and reasons for placement changes
14 excluding any information that identifies or reveals the
15 location of any previous caretaker;
16 (2) a copy of the child's portion of the client
17 service plan, including any visitation arrangement, and
18 all amendments or revisions to it as related to the child;
19 and
20 (3) information containing details of the child's
21 individualized educational plan when the child is
22 receiving special education services.
23 The caretaker shall be informed of any known social or
24behavioral information (including, but not limited to,
25criminal background, fire setting, perpetuation of sexual
26abuse, destructive behavior, and substance abuse) necessary to

HB5202- 48 -LRB103 38453 CES 68589 b
1care for and safeguard the children to be placed or currently
2in the home. The Department may prepare a written summary of
3the information required by this paragraph, which may be
4provided to the foster or prospective adoptive parent in
5advance of a placement. The foster or prospective adoptive
6parent may review the supporting documents in the child's file
7in the presence of casework staff. In the case of an emergency
8placement, casework staff shall at least provide known
9information verbally, if necessary, and must subsequently
10provide the information in writing as required by this
11subsection.
12 The information described in this subsection shall be
13provided in writing. In the case of emergency placements when
14time does not allow prior review, preparation, and collection
15of written information, the Department shall provide such
16information as it becomes available. Within 10 business days
17after placement, the Department shall obtain from the
18prospective adoptive parent or parents or other caretaker a
19signed verification of receipt of the information provided.
20Within 10 business days after placement, the Department shall
21provide to the child's guardian ad litem a copy of the
22information provided to the prospective adoptive parent or
23parents or other caretaker. The information provided to the
24prospective adoptive parent or parents or other caretaker
25shall be reviewed and approved regarding accuracy at the
26supervisory level.

HB5202- 49 -LRB103 38453 CES 68589 b
1 (u-5) Effective July 1, 1995, only foster care placements
2licensed as foster family homes pursuant to the Child Care Act
3of 1969 shall be eligible to receive foster care payments from
4the Department. Relative caregivers who, as of July 1, 1995,
5were approved pursuant to approved relative placement rules
6previously promulgated by the Department at 89 Ill. Adm. Code
7335 and had submitted an application for licensure as a foster
8family home may continue to receive foster care payments only
9until the Department determines that they may be licensed as a
10foster family home or that their application for licensure is
11denied or until September 30, 1995, whichever occurs first.
12 (v) The Department shall access criminal history record
13information as defined in the Illinois Uniform Conviction
14Information Act and information maintained in the adjudicatory
15and dispositional record system as defined in Section 2605-355
16of the Illinois State Police Law if the Department determines
17the information is necessary to perform its duties under the
18Abused and Neglected Child Reporting Act, the Child Care Act
19of 1969, and the Children and Family Services Act. The
20Department shall provide for interactive computerized
21communication and processing equipment that permits direct
22on-line communication with the Illinois State Police's central
23criminal history data repository. The Department shall comply
24with all certification requirements and provide certified
25operators who have been trained by personnel from the Illinois
26State Police. In addition, one Office of the Inspector General

HB5202- 50 -LRB103 38453 CES 68589 b
1investigator shall have training in the use of the criminal
2history information access system and have access to the
3terminal. The Department of Children and Family Services and
4its employees shall abide by rules and regulations established
5by the Illinois State Police relating to the access and
6dissemination of this information.
7 (v-1) Prior to final approval for placement of a child,
8the Department shall conduct a criminal records background
9check of the prospective foster or adoptive parent, including
10fingerprint-based checks of national crime information
11databases. Final approval for placement shall not be granted
12if the record check reveals a felony conviction for child
13abuse or neglect, for spousal abuse, for a crime against
14children, or for a crime involving violence, including rape,
15sexual assault, or homicide, but not including other physical
16assault or battery, or if there is a felony conviction for
17physical assault, battery, or a drug-related offense committed
18within the past 5 years.
19 (v-2) Prior to final approval for placement of a child,
20the Department shall check its child abuse and neglect
21registry for information concerning prospective foster and
22adoptive parents, and any adult living in the home. If any
23prospective foster or adoptive parent or other adult living in
24the home has resided in another state in the preceding 5 years,
25the Department shall request a check of that other state's
26child abuse and neglect registry.

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1 (w) Within 120 days of August 20, 1995 (the effective date
2of Public Act 89-392), the Department shall prepare and submit
3to the Governor and the General Assembly, a written plan for
4the development of in-state licensed secure child care
5facilities that care for children who are in need of secure
6living arrangements for their health, safety, and well-being.
7For purposes of this subsection, secure care facility shall
8mean a facility that is designed and operated to ensure that
9all entrances and exits from the facility, a building or a
10distinct part of the building, are under the exclusive control
11of the staff of the facility, whether or not the child has the
12freedom of movement within the perimeter of the facility,
13building, or distinct part of the building. The plan shall
14include descriptions of the types of facilities that are
15needed in Illinois; the cost of developing these secure care
16facilities; the estimated number of placements; the potential
17cost savings resulting from the movement of children currently
18out-of-state who are projected to be returned to Illinois; the
19necessary geographic distribution of these facilities in
20Illinois; and a proposed timetable for development of such
21facilities.
22 (x) The Department shall conduct annual credit history
23checks to determine the financial history of children placed
24under its guardianship pursuant to the Juvenile Court Act of
251987. The Department shall conduct such credit checks starting
26when a youth in care turns 12 years old and each year

HB5202- 52 -LRB103 38453 CES 68589 b
1thereafter for the duration of the guardianship as terminated
2pursuant to the Juvenile Court Act of 1987. The Department
3shall determine if financial exploitation of the child's
4personal information has occurred. If financial exploitation
5appears to have taken place or is presently ongoing, the
6Department shall notify the proper law enforcement agency, the
7proper State's Attorney, or the Attorney General.
8 (y) Beginning on July 22, 2010 (the effective date of
9Public Act 96-1189), a child with a disability who receives
10residential and educational services from the Department shall
11be eligible to receive transition services in accordance with
12Article 14 of the School Code from the age of 14.5 through age
1321, inclusive, notwithstanding the child's residential
14services arrangement. For purposes of this subsection, "child
15with a disability" means a child with a disability as defined
16by the federal Individuals with Disabilities Education
17Improvement Act of 2004.
18 (z) The Department shall access criminal history record
19information as defined as "background information" in this
20subsection and criminal history record information as defined
21in the Illinois Uniform Conviction Information Act for each
22Department employee or Department applicant. Each Department
23employee or Department applicant shall submit the employee's
24or applicant's fingerprints to the Illinois State Police in
25the form and manner prescribed by the Illinois State Police.
26These fingerprints shall be checked against the fingerprint

HB5202- 53 -LRB103 38453 CES 68589 b
1records now and hereafter filed in the Illinois State Police
2and the Federal Bureau of Investigation criminal history
3records databases. The Illinois State Police shall charge a
4fee for conducting the criminal history record check, which
5shall be deposited into the State Police Services Fund and
6shall not exceed the actual cost of the record check. The
7Illinois State Police shall furnish, pursuant to positive
8identification, all Illinois conviction information to the
9Department of Children and Family Services.
10 For purposes of this subsection:
11 "Background information" means all of the following:
12 (i) Upon the request of the Department of Children and
13 Family Services, conviction information obtained from the
14 Illinois State Police as a result of a fingerprint-based
15 criminal history records check of the Illinois criminal
16 history records database and the Federal Bureau of
17 Investigation criminal history records database concerning
18 a Department employee or Department applicant.
19 (ii) Information obtained by the Department of
20 Children and Family Services after performing a check of
21 the Illinois State Police's Sex Offender Database, as
22 authorized by Section 120 of the Sex Offender Community
23 Notification Law, concerning a Department employee or
24 Department applicant.
25 (iii) Information obtained by the Department of
26 Children and Family Services after performing a check of

HB5202- 54 -LRB103 38453 CES 68589 b
1 the Child Abuse and Neglect Tracking System (CANTS)
2 operated and maintained by the Department.
3 "Department employee" means a full-time or temporary
4employee coded or certified within the State of Illinois
5Personnel System.
6 "Department applicant" means an individual who has
7conditional Department full-time or part-time work, a
8contractor, an individual used to replace or supplement staff,
9an academic intern, a volunteer in Department offices or on
10Department contracts, a work-study student, an individual or
11entity licensed by the Department, or an unlicensed service
12provider who works as a condition of a contract or an agreement
13and whose work may bring the unlicensed service provider into
14contact with Department clients or client records.
15(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
16102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
171-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
18 Section 615. The Freedom of Information Act is amended by
19changing Section 7.5 as follows:
20 (5 ILCS 140/7.5)
21 (Text of Section before amendment by P.A. 103-472)
22 Sec. 7.5. Statutory exemptions. To the extent provided for
23by the statutes referenced below, the following shall be
24exempt from inspection and copying:

HB5202- 55 -LRB103 38453 CES 68589 b
1 (a) All information determined to be confidential
2 under Section 4002 of the Technology Advancement and
3 Development Act.
4 (b) Library circulation and order records identifying
5 library users with specific materials under the Library
6 Records Confidentiality Act.
7 (c) Applications, related documents, and medical
8 records received by the Experimental Organ Transplantation
9 Procedures Board and any and all documents or other
10 records prepared by the Experimental Organ Transplantation
11 Procedures Board or its staff relating to applications it
12 has received.
13 (d) Information and records held by the Department of
14 Public Health and its authorized representatives relating
15 to known or suspected cases of sexually transmissible
16 disease or any information the disclosure of which is
17 restricted under the Illinois Sexually Transmissible
18 Disease Control Act.
19 (e) Information the disclosure of which is exempted
20 under Section 30 of the Radon Industry Licensing Act.
21 (f) Firm performance evaluations under Section 55 of
22 the Architectural, Engineering, and Land Surveying
23 Qualifications Based Selection Act.
24 (g) Information the disclosure of which is restricted
25 and exempted under Section 50 of the Illinois Prepaid
26 Tuition Act.

HB5202- 56 -LRB103 38453 CES 68589 b
1 (h) Information the disclosure of which is exempted
2 under the State Officials and Employees Ethics Act, and
3 records of any lawfully created State or local inspector
4 general's office that would be exempt if created or
5 obtained by an Executive Inspector General's office under
6 that Act.
7 (i) Information contained in a local emergency energy
8 plan submitted to a municipality in accordance with a
9 local emergency energy plan ordinance that is adopted
10 under Section 11-21.5-5 of the Illinois Municipal Code.
11 (j) Information and data concerning the distribution
12 of surcharge moneys collected and remitted by carriers
13 under the Emergency Telephone System Act.
14 (k) Law enforcement officer identification information
15 or driver identification information compiled by a law
16 enforcement agency or the Department of Transportation
17 under Section 11-212 of the Illinois Vehicle Code.
18 (l) Records and information provided to a residential
19 health care facility resident sexual assault and death
20 review team or the Executive Council under the Abuse
21 Prevention Review Team Act.
22 (m) Information provided to the predatory lending
23 database created pursuant to Article 3 of the Residential
24 Real Property Disclosure Act, except to the extent
25 authorized under that Article.
26 (n) Defense budgets and petitions for certification of

HB5202- 57 -LRB103 38453 CES 68589 b
1 compensation and expenses for court appointed trial
2 counsel as provided under Sections 10 and 15 of the
3 Capital Crimes Litigation Act (repealed). This subsection
4 (n) shall apply until the conclusion of the trial of the
5 case, even if the prosecution chooses not to pursue the
6 death penalty prior to trial or sentencing.
7 (o) Information that is prohibited from being
8 disclosed under Section 4 of the Illinois Health and
9 Hazardous Substances Registry Act.
10 (p) Security portions of system safety program plans,
11 investigation reports, surveys, schedules, lists, data, or
12 information compiled, collected, or prepared by or for the
13 Department of Transportation under Sections 2705-300 and
14 2705-616 of the Department of Transportation Law of the
15 Civil Administrative Code of Illinois, the Regional
16 Transportation Authority under Section 2.11 of the
17 Regional Transportation Authority Act, or the St. Clair
18 County Transit District under the Bi-State Transit Safety
19 Act (repealed).
20 (q) Information prohibited from being disclosed by the
21 Personnel Record Review Act.
22 (r) Information prohibited from being disclosed by the
23 Illinois School Student Records Act.
24 (s) Information the disclosure of which is restricted
25 under Section 5-108 of the Public Utilities Act.
26 (t) (Blank).

HB5202- 58 -LRB103 38453 CES 68589 b
1 (u) Records and information provided to an independent
2 team of experts under the Developmental Disability and
3 Mental Health Safety Act (also known as Brian's Law).
4 (v) Names and information of people who have applied
5 for or received Firearm Owner's Identification Cards under
6 the Firearm Owners Identification Card Act or applied for
7 or received a concealed carry license under the Firearm
8 Concealed Carry Act, unless otherwise authorized by the
9 Firearm Concealed Carry Act; and databases under the
10 Firearm Concealed Carry Act, records of the Concealed
11 Carry Licensing Review Board under the Firearm Concealed
12 Carry Act, and law enforcement agency objections under the
13 Firearm Concealed Carry Act.
14 (v-5) Records of the Firearm Owner's Identification
15 Card Review Board that are exempted from disclosure under
16 Section 10 of the Firearm Owners Identification Card Act.
17 (w) Personally identifiable information which is
18 exempted from disclosure under subsection (g) of Section
19 19.1 of the Toll Highway Act.
20 (x) Information which is exempted from disclosure
21 under Section 5-1014.3 of the Counties Code or Section
22 8-11-21 of the Illinois Municipal Code.
23 (y) Confidential information under the Adult
24 Protective Services Act and its predecessor enabling
25 statute, the Elder Abuse and Neglect Act, including
26 information about the identity and administrative finding

HB5202- 59 -LRB103 38453 CES 68589 b
1 against any caregiver of a verified and substantiated
2 decision of abuse, neglect, or financial exploitation of
3 an eligible adult maintained in the Registry established
4 under Section 7.5 of the Adult Protective Services Act.
5 (z) Records and information provided to a fatality
6 review team or the Illinois Fatality Review Team Advisory
7 Council under Section 15 of the Adult Protective Services
8 Act.
9 (aa) Information which is exempted from disclosure
10 under Section 2.37 of the Wildlife Code.
11 (bb) Information which is or was prohibited from
12 disclosure by the Juvenile Court Act of 1987.
13 (cc) Recordings made under the Law Enforcement
14 Officer-Worn Body Camera Act, except to the extent
15 authorized under that Act.
16 (dd) Information that is prohibited from being
17 disclosed under Section 45 of the Condominium and Common
18 Interest Community Ombudsperson Act.
19 (ee) Information that is exempted from disclosure
20 under Section 30.1 of the Pharmacy Practice Act.
21 (ff) Information that is exempted from disclosure
22 under the Revised Uniform Unclaimed Property Act.
23 (gg) Information that is prohibited from being
24 disclosed under Section 7-603.5 of the Illinois Vehicle
25 Code.
26 (hh) Records that are exempt from disclosure under

HB5202- 60 -LRB103 38453 CES 68589 b
1 Section 1A-16.7 of the Election Code.
2 (ii) Information which is exempted from disclosure
3 under Section 2505-800 of the Department of Revenue Law of
4 the Civil Administrative Code of Illinois.
5 (jj) Information and reports that are required to be
6 submitted to the Department of Labor by registering day
7 and temporary labor service agencies but are exempt from
8 disclosure under subsection (a-1) of Section 45 of the Day
9 and Temporary Labor Services Act.
10 (kk) Information prohibited from disclosure under the
11 Seizure and Forfeiture Reporting Act.
12 (ll) Information the disclosure of which is restricted
13 and exempted under Section 5-30.8 of the Illinois Public
14 Aid Code.
15 (mm) Records that are exempt from disclosure under
16 Section 4.2 of the Crime Victims Compensation Act.
17 (nn) Information that is exempt from disclosure under
18 Section 70 of the Higher Education Student Assistance Act.
19 (oo) Communications, notes, records, and reports
20 arising out of a peer support counseling session
21 prohibited from disclosure under the First Responders
22 Suicide Prevention Act.
23 (pp) Names and all identifying information relating to
24 an employee of an emergency services provider or law
25 enforcement agency under the First Responders Suicide
26 Prevention Act.

HB5202- 61 -LRB103 38453 CES 68589 b
1 (qq) Information and records held by the Department of
2 Public Health and its authorized representatives collected
3 under the Reproductive Health Act.
4 (rr) Information that is exempt from disclosure under
5 the Cannabis Regulation and Tax Act.
6 (ss) Data reported by an employer to the Department of
7 Human Rights pursuant to Section 2-108 of the Illinois
8 Human Rights Act.
9 (tt) Recordings made under the Children's Advocacy
10 Center Act, except to the extent authorized under that
11 Act.
12 (uu) Information that is exempt from disclosure under
13 Section 50 of the Sexual Assault Evidence Submission Act.
14 (vv) Information that is exempt from disclosure under
15 subsections (f) and (j) of Section 5-36 of the Illinois
16 Public Aid Code.
17 (ww) Information that is exempt from disclosure under
18 Section 16.8 of the State Treasurer Act.
19 (xx) Information that is exempt from disclosure or
20 information that shall not be made public under the
21 Illinois Insurance Code.
22 (yy) Information prohibited from being disclosed under
23 the Illinois Educational Labor Relations Act.
24 (zz) Information prohibited from being disclosed under
25 the Illinois Public Labor Relations Act.
26 (aaa) Information prohibited from being disclosed

HB5202- 62 -LRB103 38453 CES 68589 b
1 under Section 1-167 of the Illinois Pension Code.
2 (bbb) Information that is prohibited from disclosure
3 by the Illinois Police Training Act and the Illinois State
4 Police Act.
5 (ccc) Records exempt from disclosure under Section
6 2605-304 of the Illinois State Police Law of the Civil
7 Administrative Code of Illinois.
8 (ddd) Information prohibited from being disclosed
9 under Section 35 of the Address Confidentiality for
10 Victims of Domestic Violence, Sexual Assault, Human
11 Trafficking, or Stalking Act.
12 (eee) Information prohibited from being disclosed
13 under subsection (b) of Section 75 of the Domestic
14 Violence Fatality Review Act.
15 (fff) Images from cameras under the Expressway Camera
16 Act. This subsection (fff) is inoperative on and after
17 July 1, 2025.
18 (ggg) Information prohibited from disclosure under
19 paragraph (3) of subsection (a) of Section 14 of the Nurse
20 Agency Licensing Act.
21 (hhh) Information submitted to the Illinois State
22 Police in an affidavit or application for an assault
23 weapon endorsement, assault weapon attachment endorsement,
24 .50 caliber rifle endorsement, or .50 caliber cartridge
25 endorsement under the Firearm Owners Identification Card
26 Act.

HB5202- 63 -LRB103 38453 CES 68589 b
1 (iii) Data exempt from disclosure under Section 50 of
2 the School Safety Drill Act.
3 (jjj) (hhh) Information exempt from disclosure under
4 Section 30 of the Insurance Data Security Law.
5 (kkk) (iii) Confidential business information
6 prohibited from disclosure under Section 45 of the Paint
7 Stewardship Act.
8 (lll) (Reserved).
9 (mmm) (iii) Information prohibited from being
10 disclosed under subsection (e) of Section 1-129 of the
11 Illinois Power Agency Act.
12(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
13102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
148-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
15102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
166-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
17eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
18revised 1-2-24.)
19 (Text of Section after amendment by P.A. 103-472)
20 Sec. 7.5. Statutory exemptions. To the extent provided for
21by the statutes referenced below, the following shall be
22exempt from inspection and copying:
23 (a) All information determined to be confidential
24 under Section 4002 of the Technology Advancement and
25 Development Act.

HB5202- 64 -LRB103 38453 CES 68589 b
1 (b) Library circulation and order records identifying
2 library users with specific materials under the Library
3 Records Confidentiality Act.
4 (c) Applications, related documents, and medical
5 records received by the Experimental Organ Transplantation
6 Procedures Board and any and all documents or other
7 records prepared by the Experimental Organ Transplantation
8 Procedures Board or its staff relating to applications it
9 has received.
10 (d) Information and records held by the Department of
11 Public Health and its authorized representatives relating
12 to known or suspected cases of sexually transmissible
13 disease or any information the disclosure of which is
14 restricted under the Illinois Sexually Transmissible
15 Disease Control Act.
16 (e) Information the disclosure of which is exempted
17 under Section 30 of the Radon Industry Licensing Act.
18 (f) Firm performance evaluations under Section 55 of
19 the Architectural, Engineering, and Land Surveying
20 Qualifications Based Selection Act.
21 (g) Information the disclosure of which is restricted
22 and exempted under Section 50 of the Illinois Prepaid
23 Tuition Act.
24 (h) Information the disclosure of which is exempted
25 under the State Officials and Employees Ethics Act, and
26 records of any lawfully created State or local inspector

HB5202- 65 -LRB103 38453 CES 68589 b
1 general's office that would be exempt if created or
2 obtained by an Executive Inspector General's office under
3 that Act.
4 (i) Information contained in a local emergency energy
5 plan submitted to a municipality in accordance with a
6 local emergency energy plan ordinance that is adopted
7 under Section 11-21.5-5 of the Illinois Municipal Code.
8 (j) Information and data concerning the distribution
9 of surcharge moneys collected and remitted by carriers
10 under the Emergency Telephone System Act.
11 (k) Law enforcement officer identification information
12 or driver identification information compiled by a law
13 enforcement agency or the Department of Transportation
14 under Section 11-212 of the Illinois Vehicle Code.
15 (l) Records and information provided to a residential
16 health care facility resident sexual assault and death
17 review team or the Executive Council under the Abuse
18 Prevention Review Team Act.
19 (m) Information provided to the predatory lending
20 database created pursuant to Article 3 of the Residential
21 Real Property Disclosure Act, except to the extent
22 authorized under that Article.
23 (n) Defense budgets and petitions for certification of
24 compensation and expenses for court appointed trial
25 counsel as provided under Sections 10 and 15 of the
26 Capital Crimes Litigation Act (repealed). This subsection

HB5202- 66 -LRB103 38453 CES 68589 b
1 (n) shall apply until the conclusion of the trial of the
2 case, even if the prosecution chooses not to pursue the
3 death penalty prior to trial or sentencing.
4 (o) Information that is prohibited from being
5 disclosed under Section 4 of the Illinois Health and
6 Hazardous Substances Registry Act.
7 (p) Security portions of system safety program plans,
8 investigation reports, surveys, schedules, lists, data, or
9 information compiled, collected, or prepared by or for the
10 Department of Transportation under Sections 2705-300 and
11 2705-616 of the Department of Transportation Law of the
12 Civil Administrative Code of Illinois, the Regional
13 Transportation Authority under Section 2.11 of the
14 Regional Transportation Authority Act, or the St. Clair
15 County Transit District under the Bi-State Transit Safety
16 Act (repealed).
17 (q) Information prohibited from being disclosed by the
18 Personnel Record Review Act.
19 (r) Information prohibited from being disclosed by the
20 Illinois School Student Records Act.
21 (s) Information the disclosure of which is restricted
22 under Section 5-108 of the Public Utilities Act.
23 (t) (Blank).
24 (u) Records and information provided to an independent
25 team of experts under the Developmental Disability and
26 Mental Health Safety Act (also known as Brian's Law).

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1 (v) Names and information of people who have applied
2 for or received Firearm Owner's Identification Cards under
3 the Firearm Owners Identification Card Act or applied for
4 or received a concealed carry license under the Firearm
5 Concealed Carry Act, unless otherwise authorized by the
6 Firearm Concealed Carry Act; and databases under the
7 Firearm Concealed Carry Act, records of the Concealed
8 Carry Licensing Review Board under the Firearm Concealed
9 Carry Act, and law enforcement agency objections under the
10 Firearm Concealed Carry Act.
11 (v-5) Records of the Firearm Owner's Identification
12 Card Review Board that are exempted from disclosure under
13 Section 10 of the Firearm Owners Identification Card Act.
14 (w) Personally identifiable information which is
15 exempted from disclosure under subsection (g) of Section
16 19.1 of the Toll Highway Act.
17 (x) Information which is exempted from disclosure
18 under Section 5-1014.3 of the Counties Code or Section
19 8-11-21 of the Illinois Municipal Code.
20 (y) Confidential information under the Adult
21 Protective Services Act and its predecessor enabling
22 statute, the Elder Abuse and Neglect Act, including
23 information about the identity and administrative finding
24 against any caregiver of a verified and substantiated
25 decision of abuse, neglect, or financial exploitation of
26 an eligible adult maintained in the Registry established

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1 under Section 7.5 of the Adult Protective Services Act.
2 (z) Records and information provided to a fatality
3 review team or the Illinois Fatality Review Team Advisory
4 Council under Section 15 of the Adult Protective Services
5 Act.
6 (aa) Information which is exempted from disclosure
7 under Section 2.37 of the Wildlife Code.
8 (bb) Information which is or was prohibited from
9 disclosure by the Juvenile Court Act of 1987.
10 (cc) Recordings made under the Law Enforcement
11 Officer-Worn Body Camera Act, except to the extent
12 authorized under that Act.
13 (dd) Information that is prohibited from being
14 disclosed under Section 45 of the Condominium and Common
15 Interest Community Ombudsperson Act.
16 (ee) Information that is exempted from disclosure
17 under Section 30.1 of the Pharmacy Practice Act.
18 (ff) Information that is exempted from disclosure
19 under the Revised Uniform Unclaimed Property Act.
20 (gg) Information that is prohibited from being
21 disclosed under Section 7-603.5 of the Illinois Vehicle
22 Code.
23 (hh) Records that are exempt from disclosure under
24 Section 1A-16.7 of the Election Code.
25 (ii) Information which is exempted from disclosure
26 under Section 2505-800 of the Department of Revenue Law of

HB5202- 69 -LRB103 38453 CES 68589 b
1 the Civil Administrative Code of Illinois.
2 (jj) Information and reports that are required to be
3 submitted to the Department of Labor by registering day
4 and temporary labor service agencies but are exempt from
5 disclosure under subsection (a-1) of Section 45 of the Day
6 and Temporary Labor Services Act.
7 (kk) Information prohibited from disclosure under the
8 Seizure and Forfeiture Reporting Act.
9 (ll) Information the disclosure of which is restricted
10 and exempted under Section 5-30.8 of the Illinois Public
11 Aid Code.
12 (mm) Records that are exempt from disclosure under
13 Section 4.2 of the Crime Victims Compensation Act.
14 (nn) Information that is exempt from disclosure under
15 Section 70 of the Higher Education Student Assistance Act.
16 (oo) Communications, notes, records, and reports
17 arising out of a peer support counseling session
18 prohibited from disclosure under the First Responders
19 Suicide Prevention Act.
20 (pp) Names and all identifying information relating to
21 an employee of an emergency services provider or law
22 enforcement agency under the First Responders Suicide
23 Prevention Act.
24 (qq) (Blank). Information and records held by the
25 Department of Public Health and its authorized
26 representatives collected under the Reproductive Health

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1 Act.
2 (rr) Information that is exempt from disclosure under
3 the Cannabis Regulation and Tax Act.
4 (ss) Data reported by an employer to the Department of
5 Human Rights pursuant to Section 2-108 of the Illinois
6 Human Rights Act.
7 (tt) Recordings made under the Children's Advocacy
8 Center Act, except to the extent authorized under that
9 Act.
10 (uu) Information that is exempt from disclosure under
11 Section 50 of the Sexual Assault Evidence Submission Act.
12 (vv) Information that is exempt from disclosure under
13 subsections (f) and (j) of Section 5-36 of the Illinois
14 Public Aid Code.
15 (ww) Information that is exempt from disclosure under
16 Section 16.8 of the State Treasurer Act.
17 (xx) Information that is exempt from disclosure or
18 information that shall not be made public under the
19 Illinois Insurance Code.
20 (yy) Information prohibited from being disclosed under
21 the Illinois Educational Labor Relations Act.
22 (zz) Information prohibited from being disclosed under
23 the Illinois Public Labor Relations Act.
24 (aaa) Information prohibited from being disclosed
25 under Section 1-167 of the Illinois Pension Code.
26 (bbb) Information that is prohibited from disclosure

HB5202- 71 -LRB103 38453 CES 68589 b
1 by the Illinois Police Training Act and the Illinois State
2 Police Act.
3 (ccc) Records exempt from disclosure under Section
4 2605-304 of the Illinois State Police Law of the Civil
5 Administrative Code of Illinois.
6 (ddd) Information prohibited from being disclosed
7 under Section 35 of the Address Confidentiality for
8 Victims of Domestic Violence, Sexual Assault, Human
9 Trafficking, or Stalking Act.
10 (eee) Information prohibited from being disclosed
11 under subsection (b) of Section 75 of the Domestic
12 Violence Fatality Review Act.
13 (fff) Images from cameras under the Expressway Camera
14 Act. This subsection (fff) is inoperative on and after
15 July 1, 2025.
16 (ggg) Information prohibited from disclosure under
17 paragraph (3) of subsection (a) of Section 14 of the Nurse
18 Agency Licensing Act.
19 (hhh) Information submitted to the Illinois State
20 Police in an affidavit or application for an assault
21 weapon endorsement, assault weapon attachment endorsement,
22 .50 caliber rifle endorsement, or .50 caliber cartridge
23 endorsement under the Firearm Owners Identification Card
24 Act.
25 (iii) Data exempt from disclosure under Section 50 of
26 the School Safety Drill Act.

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1 (jjj) (hhh) Information exempt from disclosure under
2 Section 30 of the Insurance Data Security Law.
3 (kkk) (iii) Confidential business information
4 prohibited from disclosure under Section 45 of the Paint
5 Stewardship Act.
6 (lll) (iii) Data exempt from disclosure under Section
7 2-3.196 of the School Code.
8 (mmm) (iii) Information prohibited from being
9 disclosed under subsection (e) of Section 1-129 of the
10 Illinois Power Agency Act.
11(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
12102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
138-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
14102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
156-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
16eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
17103-580, eff. 12-8-23; revised 1-2-24.)
18 Section 620. The Counties Code is amended by changing
19Section 3-3013 as follows:
20 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
21 Sec. 3-3013. Preliminary investigations; blood and urine
22analysis; summoning jury; reports. Every coroner, whenever,
23as soon as he knows or is informed that the dead body of any
24person is found, or lying within his county, whose death is

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1suspected of being:
2 (a) A sudden or violent death, whether apparently
3 suicidal, homicidal, or accidental, including, but not
4 limited to, deaths apparently caused or contributed to by
5 thermal, traumatic, chemical, electrical, or radiational
6 injury, or a complication of any of them, or by drowning or
7 suffocation, or as a result of domestic violence as
8 defined in the Illinois Domestic Violence Act of 1986;
9 (b) A maternal or fetal death due to abortion, or any
10 death due to a sex crime or a crime against nature;
11 (c) A death where the circumstances are suspicious,
12 obscure, mysterious, or otherwise unexplained or where, in
13 the written opinion of the attending physician, the cause
14 of death is not determined;
15 (d) A death where addiction to alcohol or to any drug
16 may have been a contributory cause; or
17 (e) A death where the decedent was not attended by a
18 licensed physician;
19shall go to the place where the dead body is and take charge of
20the same and shall make a preliminary investigation into the
21circumstances of the death. In the case of death without
22attendance by a licensed physician, the body may be moved with
23the coroner's consent from the place of death to a mortuary in
24the same county. Coroners in their discretion shall notify
25such physician as is designated in accordance with Section
263-3014 to attempt to ascertain the cause of death, either by

HB5202- 74 -LRB103 38453 CES 68589 b
1autopsy or otherwise.
2 In cases of accidental death involving a motor vehicle in
3which the decedent was (1) the operator or a suspected
4operator of a motor vehicle, or (2) a pedestrian 16 years of
5age or older, the coroner shall require that a blood specimen
6of at least 30 cc., and if medically possible a urine specimen
7of at least 30 cc. or as much as possible up to 30 cc., be
8withdrawn from the body of the decedent in a timely fashion
9after the crash causing his death, by such physician as has
10been designated in accordance with Section 3-3014, or by the
11coroner or deputy coroner or a qualified person designated by
12such physician, coroner, or deputy coroner. If the county does
13not maintain laboratory facilities for making such analysis,
14the blood and urine so drawn shall be sent to the Illinois
15State Police or any other accredited or State-certified
16laboratory for analysis of the alcohol, carbon monoxide, and
17dangerous or narcotic drug content of such blood and urine
18specimens. Each specimen submitted shall be accompanied by
19pertinent information concerning the decedent upon a form
20prescribed by such laboratory. Any person drawing blood and
21urine and any person making any examination of the blood and
22urine under the terms of this Division shall be immune from all
23liability, civil or criminal, that might otherwise be incurred
24or imposed.
25 In all other cases coming within the jurisdiction of the
26coroner and referred to in subparagraphs (a) through (e)

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1above, blood, and, whenever possible, urine samples shall be
2analyzed for the presence of alcohol and other drugs. When the
3coroner suspects that drugs may have been involved in the
4death, either directly or indirectly, a toxicological
5examination shall be performed which may include analyses of
6blood, urine, bile, gastric contents, and other tissues. When
7the coroner suspects a death is due to toxic substances, other
8than drugs, the coroner shall consult with the toxicologist
9prior to collection of samples. Information submitted to the
10toxicologist shall include information as to height, weight,
11age, sex, and race of the decedent as well as medical history,
12medications used by, and the manner of death of the decedent.
13 When the coroner or medical examiner finds that the cause
14of death is due to homicidal means, the coroner or medical
15examiner shall cause blood and buccal specimens (tissue may be
16submitted if no uncontaminated blood or buccal specimen can be
17obtained), whenever possible, to be withdrawn from the body of
18the decedent in a timely fashion. For proper preservation of
19the specimens, collected blood and buccal specimens shall be
20dried and tissue specimens shall be frozen if available
21equipment exists. As soon as possible, but no later than 30
22days after the collection of the specimens, the coroner or
23medical examiner shall release those specimens to the police
24agency responsible for investigating the death. As soon as
25possible, but no later than 30 days after the receipt from the
26coroner or medical examiner, the police agency shall submit

HB5202- 76 -LRB103 38453 CES 68589 b
1the specimens using the agency case number to a National DNA
2Index System (NDIS) participating laboratory within this
3State, such as the Illinois State Police, Division of Forensic
4Services, for analysis and categorizing into genetic marker
5groupings. The results of the analysis and categorizing into
6genetic marker groupings shall be provided to the Illinois
7State Police and shall be maintained by the Illinois State
8Police in the State central repository in the same manner, and
9subject to the same conditions, as provided in Section 5-4-3
10of the Unified Code of Corrections. The requirements of this
11paragraph are in addition to any other findings, specimens, or
12information that the coroner or medical examiner is required
13to provide during the conduct of a criminal investigation.
14 In all counties, in cases of apparent suicide, homicide,
15or accidental death or in other cases, within the discretion
16of the coroner, the coroner may summon 8 persons of lawful age
17from those persons drawn for petit jurors in the county. The
18summons shall command these persons to present themselves
19personally at such a place and time as the coroner shall
20determine, and may be in any form which the coroner shall
21determine and may incorporate any reasonable form of request
22for acknowledgment which the coroner deems practical and
23provides a reliable proof of service. The summons may be
24served by first class mail. From the 8 persons so summoned, the
25coroner shall select 6 to serve as the jury for the inquest.
26Inquests may be continued from time to time, as the coroner may

HB5202- 77 -LRB103 38453 CES 68589 b
1deem necessary. The 6 jurors selected in a given case may view
2the body of the deceased. If at any continuation of an inquest
3one or more of the original jurors shall be unable to continue
4to serve, the coroner shall fill the vacancy or vacancies. A
5juror serving pursuant to this paragraph shall receive
6compensation from the county at the same rate as the rate of
7compensation that is paid to petit or grand jurors in the
8county. The coroner shall furnish to each juror without fee at
9the time of his discharge a certificate of the number of days
10in attendance at an inquest, and, upon being presented with
11such certificate, the county treasurer shall pay to the juror
12the sum provided for his services.
13 In counties which have a jury commission, in cases of
14apparent suicide or homicide or of accidental death, the
15coroner may conduct an inquest. The jury commission shall
16provide at least 8 jurors to the coroner, from whom the coroner
17shall select any 6 to serve as the jury for the inquest.
18Inquests may be continued from time to time as the coroner may
19deem necessary. The 6 jurors originally chosen in a given case
20may view the body of the deceased. If at any continuation of an
21inquest one or more of the 6 jurors originally chosen shall be
22unable to continue to serve, the coroner shall fill the
23vacancy or vacancies. At the coroner's discretion, additional
24jurors to fill such vacancies shall be supplied by the jury
25commission. A juror serving pursuant to this paragraph in such
26county shall receive compensation from the county at the same

HB5202- 78 -LRB103 38453 CES 68589 b
1rate as the rate of compensation that is paid to petit or grand
2jurors in the county.
3 In every case in which a fire is determined to be a
4contributing factor in a death, the coroner shall report the
5death to the Office of the State Fire Marshal. The coroner
6shall provide a copy of the death certificate (i) within 30
7days after filing the permanent death certificate and (ii) in
8a manner that is agreed upon by the coroner and the State Fire
9Marshal.
10 In every case in which a drug overdose is determined to be
11the cause or a contributing factor in the death, the coroner or
12medical examiner shall report the death to the Department of
13Public Health. The Department of Public Health shall adopt
14rules regarding specific information that must be reported in
15the event of such a death. If possible, the coroner shall
16report the cause of the overdose. As used in this Section,
17"overdose" has the same meaning as it does in Section 414 of
18the Illinois Controlled Substances Act. The Department of
19Public Health shall issue a semiannual report to the General
20Assembly summarizing the reports received. The Department
21shall also provide on its website a monthly report of overdose
22death figures organized by location, age, and any other
23factors the Department deems appropriate.
24 In addition, in every case in which domestic violence is
25determined to be a contributing factor in a death, the coroner
26shall report the death to the Illinois State Police.

HB5202- 79 -LRB103 38453 CES 68589 b
1 All deaths in State institutions and all deaths of wards
2of the State or youth in care as defined in Section 4d of the
3Children and Family Services Act in private care facilities or
4in programs funded by the Department of Human Services under
5its powers relating to mental health and developmental
6disabilities or alcoholism and substance abuse or funded by
7the Department of Children and Family Services shall be
8reported to the coroner of the county in which the facility is
9located. If the coroner has reason to believe that an
10investigation is needed to determine whether the death was
11caused by maltreatment or negligent care of the ward of the
12State or youth in care as defined in Section 4d of the Children
13and Family Services Act, the coroner may conduct a preliminary
14investigation of the circumstances of such death as in cases
15of death under circumstances set forth in subparagraphs (a)
16through (e) of this Section.
17(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;
18103-154, eff. 6-30-23.)
19 Section 625. The Ambulatory Surgical Treatment Center Act
20is amended by changing Section 2, and 3 as follows:
21 (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)
22 Sec. 2. It is declared to be the public policy that the
23State has a legitimate interest in assuring that all medical
24procedures, including abortions, are performed under

HB5202- 80 -LRB103 38453 CES 68589 b
1circumstances that insure maximum safety. Therefore, the
2purpose of this Act is to provide for the better protection of
3the public health through the development, establishment, and
4enforcement of standards (1) for the care of individuals in
5ambulatory surgical treatment centers, and (2) for the
6construction, maintenance and operation of ambulatory surgical
7treatment centers, which, in light of advancing knowledge,
8will promote safe and adequate treatment of such individuals
9in ambulatory surgical treatment centers.
10(Source: P.A. 101-13, eff. 6-12-19.)
11 (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
12 Sec. 3. As used in this Act, unless the context otherwise
13requires, the following words and phrases shall have the
14meanings ascribed to them:
15 (A) "Ambulatory surgical treatment center" means any
16institution, place or building devoted primarily to the
17maintenance and operation of facilities for the performance of
18surgical procedures. "Ambulatory surgical treatment center"
19includes any place that meets and complies with the definition
20of an ambulatory surgical treatment center under the rules
21adopted by the Department or any facility in which a medical or
22surgical procedure is utilized to terminate a pregnancy,
23irrespective of whether the facility is devoted primarily to
24this purpose. Such facility shall not provide beds or other
25accommodations for the overnight stay of patients; however,

HB5202- 81 -LRB103 38453 CES 68589 b
1facilities devoted exclusively to the treatment of children
2may provide accommodations and beds for their patients for up
3to 23 hours following admission. Individual patients shall be
4discharged in an ambulatory condition without danger to the
5continued well being of the patients or shall be transferred
6to a hospital.
7 The term "ambulatory surgical treatment center" does not
8include any of the following:
9 (1) Any institution, place, building or agency
10 required to be licensed pursuant to the "Hospital
11 Licensing Act", approved July 1, 1953, as amended.
12 (2) Any person or institution required to be licensed
13 pursuant to the Nursing Home Care Act, the Specialized
14 Mental Health Rehabilitation Act of 2013, the ID/DD
15 Community Care Act, or the MC/DD Act.
16 (3) Hospitals or ambulatory surgical treatment centers
17 maintained by the State or any department or agency
18 thereof, where such department or agency has authority
19 under law to establish and enforce standards for the
20 hospitals or ambulatory surgical treatment centers under
21 its management and control.
22 (4) Hospitals or ambulatory surgical treatment centers
23 maintained by the Federal Government or agencies thereof.
24 (5) Any place, agency, clinic, or practice, public or
25 private, whether organized for profit or not, devoted
26 exclusively to the performance of dental or oral surgical

HB5202- 82 -LRB103 38453 CES 68589 b
1 procedures.
2 (6) Any facility in which the performance of abortion
3 procedures, including procedures to terminate a pregnancy
4 or to manage pregnancy loss, is limited to those performed
5 without general, epidural, or spinal anesthesia, and which
6 is not otherwise required to be an ambulatory surgical
7 treatment center. For purposes of this paragraph,
8 "general, epidural, or spinal anesthesia" does not include
9 local anesthesia or intravenous sedation. Nothing in this
10 paragraph shall be construed to limit any such facility
11 from voluntarily electing to apply for licensure as an
12 ambulatory surgical treatment center.
13 (B) "Person" means any individual, firm, partnership,
14corporation, company, association, or joint stock association,
15or the legal successor thereof.
16 (C) "Department" means the Department of Public Health of
17the State of Illinois.
18 (D) "Director" means the Director of the Department of
19Public Health of the State of Illinois.
20 (E) "Physician" means a person licensed to practice
21medicine in all of its branches in the State of Illinois.
22 (F) "Dentist" means a person licensed to practice
23dentistry under the Illinois Dental Practice Act.
24 (G) "Podiatric physician" means a person licensed to
25practice podiatry under the Podiatric Medical Practice Act of
261987.

HB5202- 83 -LRB103 38453 CES 68589 b
1(Source: P.A. 101-13, eff. 6-12-19.)
2 Section 630. The Illinois Insurance Code is amended by
3changing Section 356z.4 and adding 356z.4a as follows:
4 (215 ILCS 5/356z.4)
5 Sec. 356z.4. Coverage for contraceptives.
6 (a)(1) The General Assembly hereby finds and declares all
7of the following:
8 (A) Illinois has a long history of expanding timely
9 access to birth control to prevent unintended pregnancy.
10 (B) The federal Patient Protection and Affordable Care
11 Act includes a contraceptive coverage guarantee as part of
12 a broader requirement for health insurance to cover key
13 preventive care services without out-of-pocket costs for
14 patients.
15 (C) The General Assembly intends to build on existing
16 State and federal law to promote gender equity and women's
17 health and to ensure greater contraceptive coverage equity
18 and timely access to all federal Food and Drug
19 Administration approved methods of birth control for all
20 individuals covered by an individual or group health
21 insurance policy in Illinois.
22 (D) Medical management techniques such as denials,
23 step therapy, or prior authorization in public and private
24 health care coverage can impede access to the most

HB5202- 84 -LRB103 38453 CES 68589 b
1 effective contraceptive methods.
2 (2) As used in this subsection (a):
3 "Contraceptive services" includes consultations,
4examinations, procedures, and medical services related to the
5use of contraceptive methods (including natural family
6planning) to prevent an unintended pregnancy.
7 "Medical necessity", for the purposes of this subsection
8(a), includes, but is not limited to, considerations such as
9severity of side effects, differences in permanence and
10reversibility of contraceptive, and ability to adhere to the
11appropriate use of the item or service, as determined by the
12attending provider.
13 "Therapeutic equivalent version" means drugs, devices, or
14products that can be expected to have the same clinical effect
15and safety profile when administered to patients under the
16conditions specified in the labeling and satisfy the following
17general criteria:
18 (i) they are approved as safe and effective;
19 (ii) they are pharmaceutical equivalents in that they
20 (A) contain identical amounts of the same active drug
21 ingredient in the same dosage form and route of
22 administration and (B) meet compendial or other applicable
23 standards of strength, quality, purity, and identity;
24 (iii) they are bioequivalent in that (A) they do not
25 present a known or potential bioequivalence problem and
26 they meet an acceptable in vitro standard or (B) if they do

HB5202- 85 -LRB103 38453 CES 68589 b
1 present such a known or potential problem, they are shown
2 to meet an appropriate bioequivalence standard;
3 (iv) they are adequately labeled; and
4 (v) they are manufactured in compliance with Current
5 Good Manufacturing Practice regulations.
6 (3) An individual or group policy of accident and health
7insurance amended, delivered, issued, or renewed in this State
8after the effective date of this amendatory Act of the 99th
9General Assembly shall provide coverage for all of the
10following services and contraceptive methods:
11 (A) All contraceptive drugs, devices, and other
12 products approved by the United States Food and Drug
13 Administration. This includes all over-the-counter
14 contraceptive drugs, devices, and products approved by the
15 United States Food and Drug Administration, excluding male
16 condoms, except as provided in the current comprehensive
17 guidelines supported by the Health Resources and Services
18 Administration. The following apply:
19 (i) If the United States Food and Drug
20 Administration has approved one or more therapeutic
21 equivalent versions of a contraceptive drug, device,
22 or product, a policy is not required to include all
23 such therapeutic equivalent versions in its formulary,
24 so long as at least one is included and covered without
25 cost-sharing and in accordance with this Section.
26 (ii) If an individual's attending provider

HB5202- 86 -LRB103 38453 CES 68589 b
1 recommends a particular service or item approved by
2 the United States Food and Drug Administration based
3 on a determination of medical necessity with respect
4 to that individual, the plan or issuer must cover that
5 service or item without cost sharing. The plan or
6 issuer must defer to the determination of the
7 attending provider.
8 (iii) If a drug, device, or product is not
9 covered, plans and issuers must have an easily
10 accessible, transparent, and sufficiently expedient
11 process that is not unduly burdensome on the
12 individual or a provider or other individual acting as
13 a patient's authorized representative to ensure
14 coverage without cost sharing.
15 (iv) This coverage must provide for the dispensing
16 of 12 months' worth of contraception at one time.
17 (B) Voluntary sterilization procedures.
18 (C) Contraceptive services, patient education, and
19 counseling on contraception.
20 (D) Follow-up services related to the drugs, devices,
21 products, and procedures covered under this Section,
22 including, but not limited to, management of side effects,
23 counseling for continued adherence, and device insertion
24 and removal.
25 (4) Except as otherwise provided in this subsection (a), a
26policy subject to this subsection (a) shall not impose a

HB5202- 87 -LRB103 38453 CES 68589 b
1deductible, coinsurance, copayment, or any other cost-sharing
2requirement on the coverage provided. The provisions of this
3paragraph do not apply to coverage of voluntary male
4sterilization procedures to the extent such coverage would
5disqualify a high-deductible health plan from eligibility for
6a health savings account pursuant to the federal Internal
7Revenue Code, 26 U.S.C. 223.
8 (5) Except as otherwise authorized under this subsection
9(a), a policy shall not impose any restrictions or delays on
10the coverage required under this subsection (a).
11 (6) If, at any time, the Secretary of the United States
12Department of Health and Human Services, or its successor
13agency, promulgates rules or regulations to be published in
14the Federal Register or publishes a comment in the Federal
15Register or issues an opinion, guidance, or other action that
16would require the State, pursuant to any provision of the
17Patient Protection and Affordable Care Act (Public Law
18111-148), including, but not limited to, 42 U.S.C.
1918031(d)(3)(B) or any successor provision, to defray the cost
20of any coverage outlined in this subsection (a), then this
21subsection (a) is inoperative with respect to all coverage
22outlined in this subsection (a) other than that authorized
23under Section 1902 of the Social Security Act, 42 U.S.C.
241396a, and the State shall not assume any obligation for the
25cost of the coverage set forth in this subsection (a).
26 (b) This subsection (b) shall become operative if and only

HB5202- 88 -LRB103 38453 CES 68589 b
1if subsection (a) becomes inoperative.
2 An individual or group policy of accident and health
3insurance amended, delivered, issued, or renewed in this State
4after the date this subsection (b) becomes operative that
5provides coverage for outpatient services and outpatient
6prescription drugs or devices must provide coverage for the
7insured and any dependent of the insured covered by the policy
8for all outpatient contraceptive services and all outpatient
9contraceptive drugs and devices approved by the Food and Drug
10Administration. Coverage required under this Section may not
11impose any deductible, coinsurance, waiting period, or other
12cost-sharing or limitation that is greater than that required
13for any outpatient service or outpatient prescription drug or
14device otherwise covered by the policy.
15 Nothing in this subsection (b) shall be construed to
16require an insurance company to cover services related to
17permanent sterilization that requires a surgical procedure.
18 As used in this subsection (b), "outpatient contraceptive
19service" means consultations, examinations, procedures, and
20medical services, provided on an outpatient basis and related
21to the use of contraceptive methods (including natural family
22planning) to prevent an unintended pregnancy.
23 (c) Nothing in this Section shall be construed to require
24an insurance company to cover services related to an abortion
25as the term "abortion" is defined in the Illinois Abortion Law
26of 2024. (Blank).

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1 (d) If a plan or issuer utilizes a network of providers,
2nothing in this Section shall be construed to require coverage
3or to prohibit the plan or issuer from imposing cost-sharing
4for items or services described in this Section that are
5provided or delivered by an out-of-network provider, unless
6the plan or issuer does not have in its network a provider who
7is able to or is willing to provide the applicable items or
8services.
9(Source: P.A. 103-551, eff. 8-11-23.)
10 (215 ILCS 5/356z.4a rep.)
11 Section 632. The Illinois Insurance Code is amended by
12repealing Section 356z.4a.
13 Section 635. The Health Maintenance Organization Act is
14amended by changing Section 5-3 as follows:
15 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
16 Sec. 5-3. Insurance Code provisions.
17 (a) Health Maintenance Organizations shall be subject to
18the provisions of Sections 133, 134, 136, 137, 139, 140,
19141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
20154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
21355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v,
22356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
23356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,

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1356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22,
2356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30,
3356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35,
4356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44,
5356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51,
6356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59,
7356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68,
8364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
9368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
10408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
11(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,
12XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
13Insurance Code.
14 (b) For purposes of the Illinois Insurance Code, except
15for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
16Health Maintenance Organizations in the following categories
17are deemed to be "domestic companies":
18 (1) a corporation authorized under the Dental Service
19 Plan Act or the Voluntary Health Services Plans Act;
20 (2) a corporation organized under the laws of this
21 State; or
22 (3) a corporation organized under the laws of another
23 state, 30% or more of the enrollees of which are residents
24 of this State, except a corporation subject to
25 substantially the same requirements in its state of
26 organization as is a "domestic company" under Article VIII

HB5202- 91 -LRB103 38453 CES 68589 b
1 1/2 of the Illinois Insurance Code.
2 (c) In considering the merger, consolidation, or other
3acquisition of control of a Health Maintenance Organization
4pursuant to Article VIII 1/2 of the Illinois Insurance Code,
5 (1) the Director shall give primary consideration to
6 the continuation of benefits to enrollees and the
7 financial conditions of the acquired Health Maintenance
8 Organization after the merger, consolidation, or other
9 acquisition of control takes effect;
10 (2)(i) the criteria specified in subsection (1)(b) of
11 Section 131.8 of the Illinois Insurance Code shall not
12 apply and (ii) the Director, in making his determination
13 with respect to the merger, consolidation, or other
14 acquisition of control, need not take into account the
15 effect on competition of the merger, consolidation, or
16 other acquisition of control;
17 (3) the Director shall have the power to require the
18 following information:
19 (A) certification by an independent actuary of the
20 adequacy of the reserves of the Health Maintenance
21 Organization sought to be acquired;
22 (B) pro forma financial statements reflecting the
23 combined balance sheets of the acquiring company and
24 the Health Maintenance Organization sought to be
25 acquired as of the end of the preceding year and as of
26 a date 90 days prior to the acquisition, as well as pro

HB5202- 92 -LRB103 38453 CES 68589 b
1 forma financial statements reflecting projected
2 combined operation for a period of 2 years;
3 (C) a pro forma business plan detailing an
4 acquiring party's plans with respect to the operation
5 of the Health Maintenance Organization sought to be
6 acquired for a period of not less than 3 years; and
7 (D) such other information as the Director shall
8 require.
9 (d) The provisions of Article VIII 1/2 of the Illinois
10Insurance Code and this Section 5-3 shall apply to the sale by
11any health maintenance organization of greater than 10% of its
12enrollee population (including, without limitation, the health
13maintenance organization's right, title, and interest in and
14to its health care certificates).
15 (e) In considering any management contract or service
16agreement subject to Section 141.1 of the Illinois Insurance
17Code, the Director (i) shall, in addition to the criteria
18specified in Section 141.2 of the Illinois Insurance Code,
19take into account the effect of the management contract or
20service agreement on the continuation of benefits to enrollees
21and the financial condition of the health maintenance
22organization to be managed or serviced, and (ii) need not take
23into account the effect of the management contract or service
24agreement on competition.
25 (f) Except for small employer groups as defined in the
26Small Employer Rating, Renewability and Portability Health

HB5202- 93 -LRB103 38453 CES 68589 b
1Insurance Act and except for medicare supplement policies as
2defined in Section 363 of the Illinois Insurance Code, a
3Health Maintenance Organization may by contract agree with a
4group or other enrollment unit to effect refunds or charge
5additional premiums under the following terms and conditions:
6 (i) the amount of, and other terms and conditions with
7 respect to, the refund or additional premium are set forth
8 in the group or enrollment unit contract agreed in advance
9 of the period for which a refund is to be paid or
10 additional premium is to be charged (which period shall
11 not be less than one year); and
12 (ii) the amount of the refund or additional premium
13 shall not exceed 20% of the Health Maintenance
14 Organization's profitable or unprofitable experience with
15 respect to the group or other enrollment unit for the
16 period (and, for purposes of a refund or additional
17 premium, the profitable or unprofitable experience shall
18 be calculated taking into account a pro rata share of the
19 Health Maintenance Organization's administrative and
20 marketing expenses, but shall not include any refund to be
21 made or additional premium to be paid pursuant to this
22 subsection (f)). The Health Maintenance Organization and
23 the group or enrollment unit may agree that the profitable
24 or unprofitable experience may be calculated taking into
25 account the refund period and the immediately preceding 2
26 plan years.

HB5202- 94 -LRB103 38453 CES 68589 b
1 The Health Maintenance Organization shall include a
2statement in the evidence of coverage issued to each enrollee
3describing the possibility of a refund or additional premium,
4and upon request of any group or enrollment unit, provide to
5the group or enrollment unit a description of the method used
6to calculate (1) the Health Maintenance Organization's
7profitable experience with respect to the group or enrollment
8unit and the resulting refund to the group or enrollment unit
9or (2) the Health Maintenance Organization's unprofitable
10experience with respect to the group or enrollment unit and
11the resulting additional premium to be paid by the group or
12enrollment unit.
13 In no event shall the Illinois Health Maintenance
14Organization Guaranty Association be liable to pay any
15contractual obligation of an insolvent organization to pay any
16refund authorized under this Section.
17 (g) Rulemaking authority to implement Public Act 95-1045,
18if any, is conditioned on the rules being adopted in
19accordance with all provisions of the Illinois Administrative
20Procedure Act and all rules and procedures of the Joint
21Committee on Administrative Rules; any purported rule not so
22adopted, for whatever reason, is unauthorized.
23(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
24102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
251-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
26eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

HB5202- 95 -LRB103 38453 CES 68589 b
1102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
21-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
3eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
4103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
56-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
6eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
7 Section 640. The Voluntary Health Services Plans Act is
8amended by changing Section 10 as follows:
9 (215 ILCS 165/10) (from Ch. 32, par. 604)
10 Sec. 10. Application of Insurance Code provisions. Health
11services plan corporations and all persons interested therein
12or dealing therewith shall be subject to the provisions of
13Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
14143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
15356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
16356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
17356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
18356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
19356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
20356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
21356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
22356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402,
23403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
24Section 367 of the Illinois Insurance Code.

HB5202- 96 -LRB103 38453 CES 68589 b
1 Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
8102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.
910-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,
10eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
11102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.
121-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
13eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
14103-551, eff. 8-11-23; revised 8-29-23.)
15 Section 645. The Medical Practice Act of 1987 is amended
16by changing Sections 22 and 36 as follows:
17 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
18 (Section scheduled to be repealed on January 1, 2027)
19 Sec. 22. Disciplinary action.
20 (A) The Department may revoke, suspend, place on
21probation, reprimand, refuse to issue or renew, or take any
22other disciplinary or non-disciplinary action as the
23Department may deem proper with regard to the license or
24permit of any person issued under this Act, including imposing

HB5202- 97 -LRB103 38453 CES 68589 b
1fines not to exceed $10,000 for each violation, upon any of the
2following grounds:
3 (1) Performance of an elective abortion in any place,
4 locale, facility, or institution other than: (Blank).
5 (a) a facility licensed pursuant to the Ambulatory
6 Surgical Treatment Center Act;
7 (b) an institution licensed under the Hospital
8 Licensing Act;
9 (c) an ambulatory surgical treatment center or
10 hospitalization or care facility maintained by the
11 State or any agency thereof, where such department or
12 agency has authority under law to establish and
13 enforce standards for the ambulatory surgical
14 treatment centers, hospitalizations, or care
15 facilities under its management and control;
16 (d) ambulatory surgical treatment centers,
17 hospitalization, or care facilities maintained by the
18 federal government; or
19 (e) ambulatory surgical treatment centers,
20 hospitalization, or care facilities maintained by any
21 university or college established under the laws of
22 this State and supported principally by public funds
23 raised by taxation.
24 (2) Performance of an abortion procedure in a willful
25 and wanton manner on a woman who was not pregnant at the
26 time the abortion procedure was performed. (Blank).

HB5202- 98 -LRB103 38453 CES 68589 b
1 (3) A plea of guilty or nolo contendere, finding of
2 guilt, jury verdict, or entry of judgment or sentencing,
3 including, but not limited to, convictions, preceding
4 sentences of supervision, conditional discharge, or first
5 offender probation, under the laws of any jurisdiction of
6 the United States of any crime that is a felony.
7 (4) Gross negligence in practice under this Act.
8 (5) Engaging in dishonorable, unethical, or
9 unprofessional conduct of a character likely to deceive,
10 defraud, or harm the public.
11 (6) Obtaining any fee by fraud, deceit, or
12 misrepresentation.
13 (7) Habitual or excessive use or abuse of drugs
14 defined in law as controlled substances, of alcohol, or of
15 any other substances which results in the inability to
16 practice with reasonable judgment, skill, or safety.
17 (8) Practicing under a false or, except as provided by
18 law, an assumed name.
19 (9) Fraud or misrepresentation in applying for, or
20 procuring, a license under this Act or in connection with
21 applying for renewal of a license under this Act.
22 (10) Making a false or misleading statement regarding
23 their skill or the efficacy or value of the medicine,
24 treatment, or remedy prescribed by them at their direction
25 in the treatment of any disease or other condition of the
26 body or mind.

HB5202- 99 -LRB103 38453 CES 68589 b
1 (11) Allowing another person or organization to use
2 their license, procured under this Act, to practice.
3 (12) Adverse action taken by another state or
4 jurisdiction against a license or other authorization to
5 practice as a medical doctor, doctor of osteopathy, doctor
6 of osteopathic medicine, or doctor of chiropractic, a
7 certified copy of the record of the action taken by the
8 other state or jurisdiction being prima facie evidence
9 thereof. This includes any adverse action taken by a State
10 or federal agency that prohibits a medical doctor, doctor
11 of osteopathy, doctor of osteopathic medicine, or doctor
12 of chiropractic from providing services to the agency's
13 participants.
14 (13) Violation of any provision of this Act or of the
15 Medical Practice Act prior to the repeal of that Act, or
16 violation of the rules, or a final administrative action
17 of the Secretary, after consideration of the
18 recommendation of the Medical Board.
19 (14) Violation of the prohibition against fee
20 splitting in Section 22.2 of this Act.
21 (15) A finding by the Medical Board that the
22 registrant after having his or her license placed on
23 probationary status or subjected to conditions or
24 restrictions violated the terms of the probation or failed
25 to comply with such terms or conditions.
26 (16) Abandonment of a patient.

HB5202- 100 -LRB103 38453 CES 68589 b
1 (17) Prescribing, selling, administering,
2 distributing, giving, or self-administering any drug
3 classified as a controlled substance (designated product)
4 or narcotic for other than medically accepted therapeutic
5 purposes.
6 (18) Promotion of the sale of drugs, devices,
7 appliances, or goods provided for a patient in such manner
8 as to exploit the patient for financial gain of the
9 physician.
10 (19) Offering, undertaking, or agreeing to cure or
11 treat disease by a secret method, procedure, treatment, or
12 medicine, or the treating, operating, or prescribing for
13 any human condition by a method, means, or procedure which
14 the licensee refuses to divulge upon demand of the
15 Department.
16 (20) Immoral conduct in the commission of any act
17 including, but not limited to, commission of an act of
18 sexual misconduct related to the licensee's practice.
19 (21) Willfully making or filing false records or
20 reports in his or her practice as a physician, including,
21 but not limited to, false records to support claims
22 against the medical assistance program of the Department
23 of Healthcare and Family Services (formerly Department of
24 Public Aid) under the Illinois Public Aid Code.
25 (22) Willful omission to file or record, or willfully
26 impeding the filing or recording, or inducing another

HB5202- 101 -LRB103 38453 CES 68589 b
1 person to omit to file or record, medical reports as
2 required by law, or willfully failing to report an
3 instance of suspected abuse or neglect as required by law.
4 (23) Being named as a perpetrator in an indicated
5 report by the Department of Children and Family Services
6 under the Abused and Neglected Child Reporting Act, and
7 upon proof by clear and convincing evidence that the
8 licensee has caused a child to be an abused child or
9 neglected child as defined in the Abused and Neglected
10 Child Reporting Act.
11 (24) Solicitation of professional patronage by any
12 corporation, agents, or persons, or profiting from those
13 representing themselves to be agents of the licensee.
14 (25) Gross and willful and continued overcharging for
15 professional services, including filing false statements
16 for collection of fees for which services are not
17 rendered, including, but not limited to, filing such false
18 statements for collection of monies for services not
19 rendered from the medical assistance program of the
20 Department of Healthcare and Family Services (formerly
21 Department of Public Aid) under the Illinois Public Aid
22 Code.
23 (26) A pattern of practice or other behavior which
24 demonstrates incapacity or incompetence to practice under
25 this Act.
26 (27) Mental illness or disability which results in the

HB5202- 102 -LRB103 38453 CES 68589 b
1 inability to practice under this Act with reasonable
2 judgment, skill, or safety.
3 (28) Physical illness, including, but not limited to,
4 deterioration through the aging process, or loss of motor
5 skill which results in a physician's inability to practice
6 under this Act with reasonable judgment, skill, or safety.
7 (29) Cheating on or attempting to subvert the
8 licensing examinations administered under this Act.
9 (30) Willfully or negligently violating the
10 confidentiality between physician and patient except as
11 required by law.
12 (31) The use of any false, fraudulent, or deceptive
13 statement in any document connected with practice under
14 this Act.
15 (32) Aiding and abetting an individual not licensed
16 under this Act in the practice of a profession licensed
17 under this Act.
18 (33) Violating State or federal laws or regulations
19 relating to controlled substances, legend drugs, or
20 ephedra as defined in the Ephedra Prohibition Act.
21 (34) Failure to report to the Department any adverse
22 final action taken against them by another licensing
23 jurisdiction (any other state or any territory of the
24 United States or any foreign state or country), by any
25 peer review body, by any health care institution, by any
26 professional society or association related to practice

HB5202- 103 -LRB103 38453 CES 68589 b
1 under this Act, by any governmental agency, by any law
2 enforcement agency, or by any court for acts or conduct
3 similar to acts or conduct which would constitute grounds
4 for action as defined in this Section.
5 (35) Failure to report to the Department surrender of
6 a license or authorization to practice as a medical
7 doctor, a doctor of osteopathy, a doctor of osteopathic
8 medicine, or doctor of chiropractic in another state or
9 jurisdiction, or surrender of membership on any medical
10 staff or in any medical or professional association or
11 society, while under disciplinary investigation by any of
12 those authorities or bodies, for acts or conduct similar
13 to acts or conduct which would constitute grounds for
14 action as defined in this Section.
15 (36) Failure to report to the Department any adverse
16 judgment, settlement, or award arising from a liability
17 claim related to acts or conduct similar to acts or
18 conduct which would constitute grounds for action as
19 defined in this Section.
20 (37) Failure to provide copies of medical records as
21 required by law.
22 (38) Failure to furnish the Department, its
23 investigators or representatives, relevant information,
24 legally requested by the Department after consultation
25 with the Chief Medical Coordinator or the Deputy Medical
26 Coordinator.

HB5202- 104 -LRB103 38453 CES 68589 b
1 (39) Violating the Health Care Worker Self-Referral
2 Act.
3 (40) (Blank).
4 (41) Failure to establish and maintain records of
5 patient care and treatment as required by this law.
6 (42) Entering into an excessive number of written
7 collaborative agreements with licensed advanced practice
8 registered nurses resulting in an inability to adequately
9 collaborate.
10 (43) Repeated failure to adequately collaborate with a
11 licensed advanced practice registered nurse.
12 (44) Violating the Compassionate Use of Medical
13 Cannabis Program Act.
14 (45) Entering into an excessive number of written
15 collaborative agreements with licensed prescribing
16 psychologists resulting in an inability to adequately
17 collaborate.
18 (46) Repeated failure to adequately collaborate with a
19 licensed prescribing psychologist.
20 (47) Willfully failing to report an instance of
21 suspected abuse, neglect, financial exploitation, or
22 self-neglect of an eligible adult as defined in and
23 required by the Adult Protective Services Act.
24 (48) Being named as an abuser in a verified report by
25 the Department on Aging under the Adult Protective
26 Services Act, and upon proof by clear and convincing

HB5202- 105 -LRB103 38453 CES 68589 b
1 evidence that the licensee abused, neglected, or
2 financially exploited an eligible adult as defined in the
3 Adult Protective Services Act.
4 (49) Entering into an excessive number of written
5 collaborative agreements with licensed physician
6 assistants resulting in an inability to adequately
7 collaborate.
8 (50) Repeated failure to adequately collaborate with a
9 physician assistant.
10 Except for actions involving the ground numbered (26), all
11proceedings to suspend, revoke, place on probationary status,
12or take any other disciplinary action as the Department may
13deem proper, with regard to a license on any of the foregoing
14grounds, must be commenced within 5 years next after receipt
15by the Department of a complaint alleging the commission of or
16notice of the conviction order for any of the acts described
17herein. Except for the grounds numbered (8), (9), (26), and
18(29), no action shall be commenced more than 10 years after the
19date of the incident or act alleged to have violated this
20Section. For actions involving the ground numbered (26), a
21pattern of practice or other behavior includes all incidents
22alleged to be part of the pattern of practice or other behavior
23that occurred, or a report pursuant to Section 23 of this Act
24received, within the 10-year period preceding the filing of
25the complaint. In the event of the settlement of any claim or
26cause of action in favor of the claimant or the reduction to

HB5202- 106 -LRB103 38453 CES 68589 b
1final judgment of any civil action in favor of the plaintiff,
2such claim, cause of action, or civil action being grounded on
3the allegation that a person licensed under this Act was
4negligent in providing care, the Department shall have an
5additional period of 2 years from the date of notification to
6the Department under Section 23 of this Act of such settlement
7or final judgment in which to investigate and commence formal
8disciplinary proceedings under Section 36 of this Act, except
9as otherwise provided by law. The time during which the holder
10of the license was outside the State of Illinois shall not be
11included within any period of time limiting the commencement
12of disciplinary action by the Department.
13 The entry of an order or judgment by any circuit court
14establishing that any person holding a license under this Act
15is a person in need of mental treatment operates as a
16suspension of that license. That person may resume his or her
17practice only upon the entry of a Departmental order based
18upon a finding by the Medical Board that the person has been
19determined to be recovered from mental illness by the court
20and upon the Medical Board's recommendation that the person be
21permitted to resume his or her practice.
22 The Department may refuse to issue or take disciplinary
23action concerning the license of any person who fails to file a
24return, or to pay the tax, penalty, or interest shown in a
25filed return, or to pay any final assessment of tax, penalty,
26or interest, as required by any tax Act administered by the

HB5202- 107 -LRB103 38453 CES 68589 b
1Illinois Department of Revenue, until such time as the
2requirements of any such tax Act are satisfied as determined
3by the Illinois Department of Revenue.
4 The Department, upon the recommendation of the Medical
5Board, shall adopt rules which set forth standards to be used
6in determining:
7 (a) when a person will be deemed sufficiently
8 rehabilitated to warrant the public trust;
9 (b) what constitutes dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public;
12 (c) what constitutes immoral conduct in the commission
13 of any act, including, but not limited to, commission of
14 an act of sexual misconduct related to the licensee's
15 practice; and
16 (d) what constitutes gross negligence in the practice
17 of medicine.
18 However, no such rule shall be admissible into evidence in
19any civil action except for review of a licensing or other
20disciplinary action under this Act.
21 In enforcing this Section, the Medical Board, upon a
22showing of a possible violation, may compel any individual who
23is licensed to practice under this Act or holds a permit to
24practice under this Act, or any individual who has applied for
25licensure or a permit pursuant to this Act, to submit to a
26mental or physical examination and evaluation, or both, which

HB5202- 108 -LRB103 38453 CES 68589 b
1may include a substance abuse or sexual offender evaluation,
2as required by the Medical Board and at the expense of the
3Department. The Medical Board shall specifically designate the
4examining physician licensed to practice medicine in all of
5its branches or, if applicable, the multidisciplinary team
6involved in providing the mental or physical examination and
7evaluation, or both. The multidisciplinary team shall be led
8by a physician licensed to practice medicine in all of its
9branches and may consist of one or more or a combination of
10physicians licensed to practice medicine in all of its
11branches, licensed chiropractic physicians, licensed clinical
12psychologists, licensed clinical social workers, licensed
13clinical professional counselors, and other professional and
14administrative staff. Any examining physician or member of the
15multidisciplinary team may require any person ordered to
16submit to an examination and evaluation pursuant to this
17Section to submit to any additional supplemental testing
18deemed necessary to complete any examination or evaluation
19process, including, but not limited to, blood testing,
20urinalysis, psychological testing, or neuropsychological
21testing. The Medical Board or the Department may order the
22examining physician or any member of the multidisciplinary
23team to provide to the Department or the Medical Board any and
24all records, including business records, that relate to the
25examination and evaluation, including any supplemental testing
26performed. The Medical Board or the Department may order the

HB5202- 109 -LRB103 38453 CES 68589 b
1examining physician or any member of the multidisciplinary
2team to present testimony concerning this examination and
3evaluation of the licensee, permit holder, or applicant,
4including testimony concerning any supplemental testing or
5documents relating to the examination and evaluation. No
6information, report, record, or other documents in any way
7related to the examination and evaluation shall be excluded by
8reason of any common law or statutory privilege relating to
9communication between the licensee, permit holder, or
10applicant and the examining physician or any member of the
11multidisciplinary team. No authorization is necessary from the
12licensee, permit holder, or applicant ordered to undergo an
13evaluation and examination for the examining physician or any
14member of the multidisciplinary team to provide information,
15reports, records, or other documents or to provide any
16testimony regarding the examination and evaluation. The
17individual to be examined may have, at his or her own expense,
18another physician of his or her choice present during all
19aspects of the examination. Failure of any individual to
20submit to mental or physical examination and evaluation, or
21both, when directed, shall result in an automatic suspension,
22without hearing, until such time as the individual submits to
23the examination. If the Medical Board finds a physician unable
24to practice following an examination and evaluation because of
25the reasons set forth in this Section, the Medical Board shall
26require such physician to submit to care, counseling, or

HB5202- 110 -LRB103 38453 CES 68589 b
1treatment by physicians, or other health care professionals,
2approved or designated by the Medical Board, as a condition
3for issued, continued, reinstated, or renewed licensure to
4practice. Any physician, whose license was granted pursuant to
5Section 9, 17, or 19 of this Act, or, continued, reinstated,
6renewed, disciplined, or supervised, subject to such terms,
7conditions, or restrictions who shall fail to comply with such
8terms, conditions, or restrictions, or to complete a required
9program of care, counseling, or treatment, as determined by
10the Chief Medical Coordinator or Deputy Medical Coordinators,
11shall be referred to the Secretary for a determination as to
12whether the licensee shall have his or her license suspended
13immediately, pending a hearing by the Medical Board. In
14instances in which the Secretary immediately suspends a
15license under this Section, a hearing upon such person's
16license must be convened by the Medical Board within 15 days
17after such suspension and completed without appreciable delay.
18The Medical Board shall have the authority to review the
19subject physician's record of treatment and counseling
20regarding the impairment, to the extent permitted by
21applicable federal statutes and regulations safeguarding the
22confidentiality of medical records.
23 An individual licensed under this Act, affected under this
24Section, shall be afforded an opportunity to demonstrate to
25the Medical Board that he or she can resume practice in
26compliance with acceptable and prevailing standards under the

HB5202- 111 -LRB103 38453 CES 68589 b
1provisions of his or her license.
2 The Medical Board, in determining mental capacity of an
3individual licensed under this Act, shall consider the latest
4recommendations of the Federation of State Medical Boards.
5 The Department may promulgate rules for the imposition of
6fines in disciplinary cases, not to exceed $10,000 for each
7violation of this Act. Fines may be imposed in conjunction
8with other forms of disciplinary action, but shall not be the
9exclusive disposition of any disciplinary action arising out
10of conduct resulting in death or injury to a patient. Any funds
11collected from such fines shall be deposited in the Illinois
12State Medical Disciplinary Fund.
13 All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the fine
15or in accordance with the terms set forth in the order imposing
16the fine.
17 (B) The Department shall revoke the license or permit
18issued under this Act to practice medicine or a chiropractic
19physician who has been convicted a second time of committing
20any felony under the Illinois Controlled Substances Act or the
21Methamphetamine Control and Community Protection Act, or who
22has been convicted a second time of committing a Class 1 felony
23under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
24person whose license or permit is revoked under this
25subsection B shall be prohibited from practicing medicine or
26treating human ailments without the use of drugs and without

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1operative surgery.
2 (C) The Department shall not revoke, suspend, place on
3probation, reprimand, refuse to issue or renew, or take any
4other disciplinary or non-disciplinary action against the
5license or permit issued under this Act to practice medicine
6to a physician:
7 (1) based solely upon the recommendation of the
8 physician to an eligible patient regarding, or
9 prescription for, or treatment with, an investigational
10 drug, biological product, or device;
11 (2) for experimental treatment for Lyme disease or
12 other tick-borne diseases, including, but not limited to,
13 the prescription of or treatment with long-term
14 antibiotics;
15 (3) based solely upon the physician providing,
16 authorizing, recommending, aiding, assisting, referring
17 for, or otherwise participating in any health care
18 service, so long as the care was not unlawful under the
19 laws of this State, regardless of whether the patient was
20 a resident of this State or another state; or
21 (4) based upon the physician's license being revoked
22 or suspended, or the physician being otherwise disciplined
23 by any other state, if that revocation, suspension, or
24 other form of discipline was based solely on the physician
25 violating another state's laws prohibiting the provision
26 of, authorization of, recommendation of, aiding or

HB5202- 113 -LRB103 38453 CES 68589 b
1 assisting in, referring for, or participation in any
2 health care service if that health care service as
3 provided would not have been unlawful under the laws of
4 this State and is consistent with the standards of conduct
5 for the physician if it occurred in Illinois.
6 (D) (Blank).
7 (E) The conduct specified in subsection (C) shall not
8trigger reporting requirements under Section 23, constitute
9grounds for suspension under Section 25, or be included on the
10physician's profile required under Section 10 of the Patients'
11Right to Know Act.
12 (F) An applicant seeking licensure, certification, or
13authorization pursuant to this Act and who has been subject to
14disciplinary action by a duly authorized professional
15disciplinary agency of another jurisdiction solely on the
16basis of having provided, authorized, recommended, aided,
17assisted, referred for, or otherwise participated in health
18care shall not be denied such licensure, certification, or
19authorization, unless the Department determines that the
20action would have constituted professional misconduct in this
21State; however, nothing in this Section shall be construed as
22prohibiting the Department from evaluating the conduct of the
23applicant and making a determination regarding the licensure,
24certification, or authorization to practice a profession under
25this Act.
26 (G) The Department may adopt rules to implement the

HB5202- 114 -LRB103 38453 CES 68589 b
1changes made by this amendatory Act of the 102nd General
2Assembly.
3(Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;
4102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
51-1-24.)
6 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
7 (Section scheduled to be repealed on January 1, 2027)
8 Sec. 36. Investigation; notice.
9 (a) Upon the motion of either the Department or the
10Medical Board or upon the verified complaint in writing of any
11person setting forth facts which, if proven, would constitute
12grounds for suspension or revocation under Section 22 of this
13Act, the Department shall investigate the actions of any
14person, so accused, who holds or represents that he or she
15holds a license. Such person is hereinafter called the
16accused.
17 (b) The Department shall, before suspending, revoking,
18placing on probationary status, or taking any other
19disciplinary action as the Department may deem proper with
20regard to any license at least 30 days prior to the date set
21for the hearing, notify the accused in writing of any charges
22made and the time and place for a hearing of the charges before
23the Medical Board, direct him or her to file his or her written
24answer thereto to the Medical Board under oath within 20 days
25after the service on him or her of such notice and inform him

HB5202- 115 -LRB103 38453 CES 68589 b
1or her that if he or she fails to file such answer default will
2be taken against him or her and his or her license may be
3suspended, revoked, placed on probationary status, or have
4other disciplinary action, including limiting the scope,
5nature or extent of his or her practice, as the Department may
6deem proper taken with regard thereto. The Department shall,
7at least 14 days prior to the date set for the hearing, notify
8in writing any person who filed a complaint against the
9accused of the time and place for the hearing of the charges
10against the accused before the Medical Board and inform such
11person whether he or she may provide testimony at the hearing.
12 (c) Where a physician has been found, upon complaint and
13investigation of the Department, and after hearing, to have
14performed an abortion procedure in a wilful and wanton manner
15upon a woman who was not pregnant at the time such abortion
16procedure was performed, the Department shall automatically
17revoke the license of such physician to practice medicine in
18this State. (Blank).
19 (d) Such written notice and any notice in such proceedings
20thereafter may be served by personal delivery, email to the
21respondent's email address of record, or mail to the
22respondent's address of record.
23 (e) All information gathered by the Department during its
24investigation including information subpoenaed under Section
2523 or 38 of this Act and the investigative file shall be kept
26for the confidential use of the Secretary, the Medical Board,

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1the Medical Coordinators, persons employed by contract to
2advise the Medical Coordinator or the Department, the Medical
3Board's attorneys, the medical investigative staff, and
4authorized clerical staff, as provided in this Act and shall
5be afforded the same status as is provided information
6concerning medical studies in Part 21 of Article VIII of the
7Code of Civil Procedure, except that the Department may
8disclose information and documents to a federal, State, or
9local law enforcement agency pursuant to a subpoena in an
10ongoing criminal investigation to a health care licensing body
11of this State or another state or jurisdiction pursuant to an
12official request made by that licensing body. Furthermore,
13information and documents disclosed to a federal, State, or
14local law enforcement agency may be used by that agency only
15for the investigation and prosecution of a criminal offense
16or, in the case of disclosure to a health care licensing body,
17only for investigations and disciplinary action proceedings
18with regard to a license issued by that licensing body.
19(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
20102-20, eff. 1-1-22; 102-558, eff. 8-20-21.)
21 Section 650. The Nurse Practice Act is amended by changing
22Sections 65-35 and 65-43 as follows:
23 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
24 (Section scheduled to be repealed on January 1, 2028)

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1 Sec. 65-35. Written collaborative agreements.
2 (a) A written collaborative agreement is required for all
3advanced practice registered nurses engaged in clinical
4practice prior to meeting the requirements of Section 65-43,
5except for advanced practice registered nurses who are
6privileged to practice in a hospital, hospital affiliate, or
7ambulatory surgical treatment center.
8 (a-5) If an advanced practice registered nurse engages in
9clinical practice outside of a hospital, hospital affiliate,
10or ambulatory surgical treatment center in which he or she is
11privileged to practice, the advanced practice registered nurse
12must have a written collaborative agreement, except as set
13forth in Section 65-43.
14 (b) A written collaborative agreement shall describe the
15relationship of the advanced practice registered nurse with
16the collaborating physician and shall describe the categories
17of care, treatment, or procedures to be provided by the
18advanced practice registered nurse. A collaborative agreement
19with a podiatric physician must be in accordance with
20subsection (c-5) or (c-15) of this Section. A collaborative
21agreement with a dentist must be in accordance with subsection
22(c-10) of this Section. A collaborative agreement with a
23podiatric physician must be in accordance with subsection
24(c-5) of this Section. Collaboration does not require an
25employment relationship between the collaborating physician
26and the advanced practice registered nurse.

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1 The collaborative relationship under an agreement shall
2not be construed to require the personal presence of a
3collaborating physician at the place where services are
4rendered. Methods of communication shall be available for
5consultation with the collaborating physician in person or by
6telecommunications or electronic communications as set forth
7in the written agreement.
8 (b-5) Absent an employment relationship, a written
9collaborative agreement may not (1) restrict the categories of
10patients of an advanced practice registered nurse within the
11scope of the advanced practice registered nurses training and
12experience, (2) limit third party payors or government health
13programs, such as the medical assistance program or Medicare
14with which the advanced practice registered nurse contracts,
15or (3) limit the geographic area or practice location of the
16advanced practice registered nurse in this State.
17 (c) In the case of anesthesia services provided by a
18certified registered nurse anesthetist, an anesthesiologist, a
19physician, a dentist, or a podiatric physician must
20participate through discussion of and agreement with the
21anesthesia plan and remain physically present and available on
22the premises during the delivery of anesthesia services for
23diagnosis, consultation, and treatment of emergency medical
24conditions.
25 (c-5) A certified registered nurse anesthetist, who
26provides anesthesia services outside of a hospital or

HB5202- 119 -LRB103 38453 CES 68589 b
1ambulatory surgical treatment center shall enter into a
2written collaborative agreement with an anesthesiologist or
3the physician licensed to practice medicine in all its
4branches or the podiatric physician performing the procedure.
5Outside of a hospital or ambulatory surgical treatment center,
6the certified registered nurse anesthetist may provide only
7those services that the collaborating podiatric physician is
8authorized to provide pursuant to the Podiatric Medical
9Practice Act of 1987 and rules adopted thereunder. A certified
10registered nurse anesthetist may select, order, and administer
11medication, including controlled substances, and apply
12appropriate medical devices for delivery of anesthesia
13services under the anesthesia plan agreed with by the
14anesthesiologist or the operating physician or operating
15podiatric physician.
16 (c-10) A certified registered nurse anesthetist who
17provides anesthesia services in a dental office shall enter
18into a written collaborative agreement with an
19anesthesiologist or the physician licensed to practice
20medicine in all its branches or the operating dentist
21performing the procedure. The agreement shall describe the
22working relationship of the certified registered nurse
23anesthetist and dentist and shall authorize the categories of
24care, treatment, or procedures to be performed by the
25certified registered nurse anesthetist. In a collaborating
26dentist's office, the certified registered nurse anesthetist

HB5202- 120 -LRB103 38453 CES 68589 b
1may only provide those services that the operating dentist
2with the appropriate permit is authorized to provide pursuant
3to the Illinois Dental Practice Act and rules adopted
4thereunder. For anesthesia services, an anesthesiologist,
5physician, or operating dentist shall participate through
6discussion of and agreement with the anesthesia plan and shall
7remain physically present and be available on the premises
8during the delivery of anesthesia services for diagnosis,
9consultation, and treatment of emergency medical conditions. A
10certified registered nurse anesthetist may select, order, and
11administer medication, including controlled substances, and
12apply appropriate medical devices for delivery of anesthesia
13services under the anesthesia plan agreed with by the
14operating dentist.
15 (c-15) An advanced practice registered nurse who had a
16written collaborative agreement with a podiatric physician
17immediately before the effective date of Public Act 100-513
18may continue in that collaborative relationship or enter into
19a new written collaborative relationship with a podiatric
20physician under the requirements of this Section and Section
2165-40, as those Sections existed immediately before the
22amendment of those Sections by Public Act 100-513 with regard
23to a written collaborative agreement between an advanced
24practice registered nurse and a podiatric physician.
25 (d) A copy of the signed, written collaborative agreement
26must be available to the Department upon request from both the

HB5202- 121 -LRB103 38453 CES 68589 b
1advanced practice registered nurse and the collaborating
2physician, dentist, or podiatric physician.
3 (e) Nothing in this Act shall be construed to limit the
4delegation of tasks or duties by a physician to a licensed
5practical nurse, a registered professional nurse, or other
6persons in accordance with Section 54.2 of the Medical
7Practice Act of 1987. Nothing in this Act shall be construed to
8limit the method of delegation that may be authorized by any
9means, including, but not limited to, oral, written,
10electronic, standing orders, protocols, guidelines, or verbal
11orders.
12 (e-5) Nothing in this Act shall be construed to authorize
13an advanced practice registered nurse to provide health care
14services required by law or rule to be performed by a
15physician, including those acts to be performed by a physician
16in Section 3.1 of the Illinois Abortion Law of 2024. The scope
17of practice of an advanced practice registered nurse does not
18include operative surgery. Nothing in this Section shall be
19construed to preclude an advanced practice registered nurse
20from assisting in surgery.
21 (f) An advanced practice registered nurse shall inform
22each collaborating physician, dentist, or podiatric physician
23of all collaborative agreements he or she has signed and
24provide a copy of these to any collaborating physician,
25dentist, or podiatric physician upon request.
26 (g) (Blank).

HB5202- 122 -LRB103 38453 CES 68589 b
1(Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18;
2100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
3 (225 ILCS 65/65-43)
4 (Section scheduled to be repealed on January 1, 2028)
5 Sec. 65-43. Full practice authority.
6 (a) An Illinois-licensed advanced practice registered
7nurse certified as a nurse practitioner, nurse midwife, or
8clinical nurse specialist shall be deemed by law to possess
9the ability to practice without a written collaborative
10agreement as set forth in this Section.
11 (b) An advanced practice registered nurse certified as a
12nurse midwife, clinical nurse specialist, or nurse
13practitioner who files with the Department a notarized
14attestation of completion of at least 250 hours of continuing
15education or training and at least 4,000 hours of clinical
16experience after first attaining national certification shall
17not require a written collaborative agreement. Documentation
18of successful completion shall be provided to the Department
19upon request.
20 Continuing education or training hours required by
21subsection (b) shall be in the advanced practice registered
22nurse's area of certification as set forth by Department rule.
23 The clinical experience must be in the advanced practice
24registered nurse's area of certification. The clinical
25experience shall be in collaboration with a physician or

HB5202- 123 -LRB103 38453 CES 68589 b
1physicians. Completion of the clinical experience must be
2attested to by the collaborating physician or physicians or
3employer and the advanced practice registered nurse. If the
4collaborating physician or physicians or employer is unable to
5attest to the completion of the clinical experience, the
6Department may accept other evidence of clinical experience as
7established by rule.
8 (c) The scope of practice of an advanced practice
9registered nurse with full practice authority includes:
10 (1) all matters included in subsection (c) of Section
11 65-30 of this Act;
12 (2) practicing without a written collaborative
13 agreement in all practice settings consistent with
14 national certification;
15 (3) authority to prescribe both legend drugs and
16 Schedule II through V controlled substances; this
17 authority includes prescription of, selection of, orders
18 for, administration of, storage of, acceptance of samples
19 of, and dispensing over the counter medications, legend
20 drugs, and controlled substances categorized as any
21 Schedule II through V controlled substances, as defined in
22 Article II of the Illinois Controlled Substances Act, and
23 other preparations, including, but not limited to,
24 botanical and herbal remedies;
25 (4) prescribing Schedule II narcotic drugs, such as
26 opioids, only in a consultation relationship with a

HB5202- 124 -LRB103 38453 CES 68589 b
1 physician; this consultation relationship shall be
2 recorded in the Prescription Monitoring Program website,
3 pursuant to Section 316 of the Illinois Controlled
4 Substances Act, by the physician and advanced practice
5 registered nurse with full practice authority and is not
6 required to be filed with the Department; the specific
7 Schedule II narcotic drug must be identified by either
8 brand name or generic name; the specific Schedule II
9 narcotic drug, such as an opioid, may be administered by
10 oral dosage or topical or transdermal application;
11 delivery by injection or other route of administration is
12 not permitted; at least monthly, the advanced practice
13 registered nurse and the physician must discuss the
14 condition of any patients for whom an opioid is
15 prescribed; nothing in this subsection shall be construed
16 to require a prescription by an advanced practice
17 registered nurse with full practice authority to require a
18 physician name;
19 (4.5) prescribing up to a 120-day supply of
20 benzodiazepines without a consultation relationship with a
21 physician; thereafter, continued prescription of
22 benzodiazepines shall require a consultation with a
23 physician; nothing in this subsection shall be construed
24 to require a prescription by an advanced practice
25 registered nurse with full practice authority to require a
26 physician name;

HB5202- 125 -LRB103 38453 CES 68589 b
1 (5) authority to obtain an Illinois controlled
2 substance license and a federal Drug Enforcement
3 Administration number; and
4 (6) use of only local anesthetic.
5 The scope of practice of an advanced practice registered
6nurse does not include operative surgery. Nothing in this
7Section shall be construed to preclude an advanced practice
8registered nurse from assisting in surgery.
9 (d) The Department may adopt rules necessary to administer
10this Section, including, but not limited to, requiring the
11completion of forms and the payment of fees.
12 (e) Nothing in this Act shall be construed to authorize an
13advanced practice registered nurse with full practice
14authority to provide health care services required by law or
15rule to be performed by a physician, including, but not
16limited to, those acts to be performed by a physician in
17Section 3.1 of the Illinois Abortion Law of 2024.
18(Source: P.A. 102-75, eff. 1-1-22; 103-60, eff. 1-1-24.)
19 Section 653. The Physician Assistant Practice Act of 1987
20is amended by changing Section 7.5 as follows:
21 (225 ILCS 95/7.5)
22 (Section scheduled to be repealed on January 1, 2028)
23 Sec. 7.5. Written collaborative agreements; prescriptive
24authority.

HB5202- 126 -LRB103 38453 CES 68589 b
1 (a) A written collaborative agreement is required for all
2physician assistants to practice in the State, except as
3provided in Section 7.7 of this Act.
4 (1) A written collaborative agreement shall describe
5 the working relationship of the physician assistant with
6 the collaborating physician and shall describe the
7 categories of care, treatment, or procedures to be
8 provided by the physician assistant. The written
9 collaborative agreement shall promote the exercise of
10 professional judgment by the physician assistant
11 commensurate with his or her education and experience. The
12 services to be provided by the physician assistant shall
13 be services that the collaborating physician is authorized
14 to and generally provides to his or her patients in the
15 normal course of his or her clinical medical practice. The
16 written collaborative agreement need not describe the
17 exact steps that a physician assistant must take with
18 respect to each specific condition, disease, or symptom
19 but must specify which authorized procedures require the
20 presence of the collaborating physician as the procedures
21 are being performed. The relationship under a written
22 collaborative agreement shall not be construed to require
23 the personal presence of a physician at the place where
24 services are rendered. Methods of communication shall be
25 available for consultation with the collaborating
26 physician in person or by telecommunications or electronic

HB5202- 127 -LRB103 38453 CES 68589 b
1 communications as set forth in the written collaborative
2 agreement. For the purposes of this Act, "generally
3 provides to his or her patients in the normal course of his
4 or her clinical medical practice" means services, not
5 specific tasks or duties, the collaborating physician
6 routinely provides individually or through delegation to
7 other persons so that the physician has the experience and
8 ability to collaborate and provide consultation.
9 (2) The written collaborative agreement shall be
10 adequate if a physician does each of the following:
11 (A) Participates in the joint formulation and
12 joint approval of orders or guidelines with the
13 physician assistant and he or she periodically reviews
14 such orders and the services provided patients under
15 such orders in accordance with accepted standards of
16 medical practice and physician assistant practice.
17 (B) Provides consultation at least once a month.
18 (3) A copy of the signed, written collaborative
19 agreement must be available to the Department upon request
20 from both the physician assistant and the collaborating
21 physician.
22 (4) A physician assistant shall inform each
23 collaborating physician of all written collaborative
24 agreements he or she has signed and provide a copy of these
25 to any collaborating physician upon request.
26 (b) A collaborating physician may, but is not required to,

HB5202- 128 -LRB103 38453 CES 68589 b
1delegate prescriptive authority to a physician assistant as
2part of a written collaborative agreement. This authority may,
3but is not required to, include prescription of, selection of,
4orders for, administration of, storage of, acceptance of
5samples of, and dispensing medical devices, over-the-counter
6over the counter medications, legend drugs, medical gases, and
7controlled substances categorized as Schedule II through V
8controlled substances, as defined in Article II of the
9Illinois Controlled Substances Act, and other preparations,
10including, but not limited to, botanical and herbal remedies.
11The collaborating physician must have a valid, current
12Illinois controlled substance license and federal registration
13with the Drug Enforcement Administration to delegate the
14authority to prescribe controlled substances.
15 (1) To prescribe Schedule II, III, IV, or V controlled
16 substances under this Section, a physician assistant must
17 obtain a mid-level practitioner controlled substances
18 license. Medication orders issued by a physician assistant
19 shall be reviewed periodically by the collaborating
20 physician.
21 (2) The collaborating physician shall file with the
22 Department notice of delegation of prescriptive authority
23 to a physician assistant and termination of delegation,
24 specifying the authority delegated or terminated. Upon
25 receipt of this notice delegating authority to prescribe
26 controlled substances, the physician assistant shall be

HB5202- 129 -LRB103 38453 CES 68589 b
1 eligible to register for a mid-level practitioner
2 controlled substances license under Section 303.05 of the
3 Illinois Controlled Substances Act. Nothing in this Act
4 shall be construed to limit the delegation of tasks or
5 duties by the collaborating physician to a nurse or other
6 appropriately trained persons in accordance with Section
7 54.2 of the Medical Practice Act of 1987.
8 (3) In addition to the requirements of this subsection
9 (b), a collaborating physician may, but is not required
10 to, delegate authority to a physician assistant to
11 prescribe Schedule II controlled substances, if all of the
12 following conditions apply:
13 (A) Specific Schedule II controlled substances by
14 oral dosage or topical or transdermal application may
15 be delegated, provided that the delegated Schedule II
16 controlled substances are routinely prescribed by the
17 collaborating physician. This delegation must identify
18 the specific Schedule II controlled substances by
19 either brand name or generic name. Schedule II
20 controlled substances to be delivered by injection or
21 other route of administration may not be delegated.
22 (B) (Blank).
23 (C) Any prescription must be limited to no more
24 than a 30-day supply, with any continuation authorized
25 only after prior approval of the collaborating
26 physician.

HB5202- 130 -LRB103 38453 CES 68589 b
1 (D) The physician assistant must discuss the
2 condition of any patients for whom a controlled
3 substance is prescribed monthly with the collaborating
4 physician.
5 (E) The physician assistant meets the education
6 requirements of Section 303.05 of the Illinois
7 Controlled Substances Act.
8 (c) Nothing in this Act shall be construed to limit the
9delegation of tasks or duties by a physician to a licensed
10practical nurse, a registered professional nurse, or other
11persons. Nothing in this Act shall be construed to limit the
12method of delegation that may be authorized by any means,
13including, but not limited to, oral, written, electronic,
14standing orders, protocols, guidelines, or verbal orders.
15Nothing in this Act shall be construed to authorize a
16physician assistant to provide health care services required
17by law or rule to be performed by a physician. Nothing in this
18Act shall be construed to authorize the delegation or
19performance of operative surgery. Nothing in this Section
20shall be construed to preclude a physician assistant from
21assisting in surgery.
22 (c-5) Nothing in this Section shall be construed to apply
23to any medication authority, including Schedule II controlled
24substances of a licensed physician assistant for care provided
25in a hospital, hospital affiliate, federally qualified health
26center, or ambulatory surgical treatment center pursuant to

HB5202- 131 -LRB103 38453 CES 68589 b
1Section 7.7 of this Act.
2 (d) (Blank).
3 (e) Nothing in this Section shall be construed to prohibit
4generic substitution.
5(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
6revised 1-2-24.)
7 Section 655. The Vital Records Act is amended by changing
8Section 1 as follows:
9 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
10 Sec. 1. As used in this Act, unless the context otherwise
11requires:
12 (1) "Vital records" means records of births, deaths, fetal
13deaths, marriages, dissolution of marriages, and data related
14thereto.
15 (2) "System of vital records" includes the registration,
16collection, preservation, amendment, and certification of
17vital records, and activities related thereto.
18 (3) "Filing" means the presentation of a certificate,
19report, or other record provided for in this Act, of a birth,
20death, fetal death, adoption, marriage, or dissolution of
21marriage, for registration by the Office of Vital Records.
22 (4) "Registration" means the acceptance by the Office of
23Vital Records and the incorporation in its official records of
24certificates, reports, or other records provided for in this

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

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1 (10) "Institution" means any establishment, public or
2private, which provides in-patient medical, surgical, or
3diagnostic care or treatment, or nursing, custodial, or
4domiciliary care to 2 or more unrelated individuals, or to
5which persons are committed by law.
6 (11) "Department" means the Department of Public Health of
7the State of Illinois.
8 (12) "Director" means the Director of the Illinois
9Department of Public Health.
10 (13) "Licensed health care professional" means a person
11licensed to practice as a physician, advanced practice
12registered nurse, or physician assistant in Illinois or any
13other state.
14 (14) "Licensed mental health professional" means a person
15who is licensed or registered to provide mental health
16services by the Department of Financial and Professional
17Regulation or a board of registration duly authorized to
18register or grant licenses to persons engaged in the practice
19of providing mental health services in Illinois or any other
20state.
21 (15) "Intersex condition" means a condition in which a
22person is born with a reproductive or sexual anatomy or
23chromosome pattern that does not fit typical definitions of
24male or female.
25 (16) "Homeless person" means an individual who meets the
26definition of "homeless" under Section 103 of the federal

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1McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
2individual residing in any of the living situations described
3in 42 U.S.C. 11434a(2).
4 (17) "Advanced practice registered nurse" means: (i) an
5advanced practice registered nurse with full practice
6authority; or (ii) an advanced practice registered nurse with
7a collaborative agreement with a physician who has delegated
8the completion of death certificates.
9 (18) "Certifying health care professional" means a
10physician, physician assistant, or advanced practice
11registered nurse.
12 (19) "Physician assistant" means a physician assistant who
13practices in accordance with a written collaborative agreement
14that includes the completion of death certificates.
15(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22;
16102-844, eff. 1-1-23.)
17 Section 660. The Environmental Protection Act is amended
18by changing Section 56.1 as follows:
19 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
20 Sec. 56.1. Acts prohibited.
21 (A) No person shall:
22 (a) Cause or allow the disposal of any potentially
23 infectious medical waste. Sharps may be disposed in any
24 landfill permitted by the Agency under Section 21 of this

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1 Act to accept municipal waste for disposal, if both:
2 (1) the infectious potential has been eliminated
3 from the sharps by treatment; and
4 (2) the sharps are packaged in accordance with
5 Board regulations.
6 (b) Cause or allow the delivery of any potentially
7 infectious medical waste for transport, storage,
8 treatment, or transfer except in accordance with Board
9 regulations.
10 (c) Beginning July 1, 1992, cause or allow the
11 delivery of any potentially infectious medical waste to a
12 person or facility for storage, treatment, or transfer
13 that does not have a permit issued by the agency to receive
14 potentially infectious medical waste, unless no permit is
15 required under subsection (g)(1).
16 (d) Beginning July 1, 1992, cause or allow the
17 delivery or transfer of any potentially infectious medical
18 waste for transport unless:
19 (1) the transporter has a permit issued by the
20 Agency to transport potentially infectious medical
21 waste, or the transporter is exempt from the permit
22 requirement set forth in subsection (f)(l).
23 (2) a potentially infectious medical waste
24 manifest is completed for the waste if a manifest is
25 required under subsection (h).
26 (e) Cause or allow the acceptance of any potentially

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1 infectious medical waste for purposes of transport,
2 storage, treatment, or transfer except in accordance with
3 Board regulations.
4 (f) Beginning July 1, 1992, conduct any potentially
5 infectious medical waste transportation operation:
6 (1) Without a permit issued by the Agency to
7 transport potentially infectious medical waste. No
8 permit is required under this provision (f)(1) for:
9 (A) a person transporting potentially
10 infectious medical waste generated solely by that
11 person's activities;
12 (B) noncommercial transportation of less than
13 50 pounds of potentially infectious medical waste
14 at any one time; or
15 (C) the U.S. Postal Service.
16 (2) In violation of any condition of any permit
17 issued by the Agency under this Act.
18 (3) In violation of any regulation adopted by the
19 Board.
20 (4) In violation of any order adopted by the Board
21 under this Act.
22 (g) Beginning July 1, 1992, conduct any potentially
23 infectious medical waste treatment, storage, or transfer
24 operation:
25 (1) without a permit issued by the Agency that
26 specifically authorizes the treatment, storage, or

HB5202- 137 -LRB103 38453 CES 68589 b
1 transfer of potentially infectious medical waste. No
2 permit is required under this subsection (g) or
3 subsection (d)(1) of Section 21 for any:
4 (A) Person conducting a potentially infectious
5 medical waste treatment, storage, or transfer
6 operation for potentially infectious medical waste
7 generated by the person's own activities that are
8 treated, stored, or transferred within the site
9 where the potentially infectious medical waste is
10 generated.
11 (B) Hospital that treats, stores, or transfers
12 only potentially infectious medical waste
13 generated by its own activities or by members of
14 its medical staff.
15 (C) Sharps collection station that is operated
16 in accordance with Section 56.7.
17 (2) in violation of any condition of any permit
18 issued by the Agency under this Act.
19 (3) in violation of any regulation adopted by the
20 Board.
21 (4) In violation of any order adopted by the Board
22 under this Act.
23 (h) Transport potentially infectious medical waste
24 unless the transporter carries a completed potentially
25 infectious medical waste manifest. No manifest is required
26 for the transportation of:

HB5202- 138 -LRB103 38453 CES 68589 b
1 (1) potentially infectious medical waste being
2 transported by generators who generated the waste by
3 their own activities, when the potentially infectious
4 medical waste is transported within or between sites
5 or facilities owned, controlled, or operated by that
6 person;
7 (2) less than 50 pounds of potentially infectious
8 medical waste at any one time for a noncommercial
9 transportation activity; or
10 (3) potentially infectious medical waste by the
11 U.S. Postal Service.
12 (i) Offer for transportation, transport, deliver,
13 receive or accept potentially infectious medical waste for
14 which a manifest is required, unless the manifest
15 indicates that the fee required under Section 56.4 of this
16 Act has been paid.
17 (j) Beginning January 1, 1994, conduct a potentially
18 infectious medical waste treatment operation at an
19 incinerator in existence on the effective date of this
20 Title in violation of emission standards established for
21 these incinerators under Section 129 of the Clean Air Act
22 (42 USC 7429), as amended.
23 (k) Beginning July 1, 2015, knowingly mix household
24 sharps, including, but not limited to, hypodermic,
25 intravenous, or other medical needles or syringes or other
26 medical household waste containing used or unused sharps,

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1 including, but not limited to, hypodermic, intravenous, or
2 other medical needles or syringes or other sharps, with
3 any other material intended for collection as a recyclable
4 material by a residential hauler.
5 (l) Beginning on July 1, 2015, knowingly place
6 household sharps into a container intended for collection
7 by a residential hauler for processing at a recycling
8 center.
9 (B) In making its orders and determinations relative to
10penalties, if any, to be imposed for violating subdivision
11(A)(a) of this Section, the Board, in addition to the factors
12in Sections 33(c) and 42(h) of this Act, or the Court shall
13take into consideration whether the owner or operator of the
14landfill reasonably relied on written statements from the
15person generating or treating the waste that the waste is not
16potentially infectious medical waste.
17 (C) Notwithstanding subsection (A) or any other provision
18of law, including the Vital Records Act, tissue and products
19from an abortion, as defined in Section 1-10 of the
20Reproductive Health Act, or a miscarriage may be buried,
21entombed, or cremated.
22(Source: P.A. 101-13, eff. 6-12-19.)
23 Section 665. The Criminal Code of 2012 is amended by
24changing Sections 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows:

HB5202- 140 -LRB103 38453 CES 68589 b
1 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
2 Sec. 9-1.2. Intentional homicide of an unborn child.
3 (a) A person commits the offense of intentional homicide
4of an unborn child if, in performing acts which cause the death
5of an unborn child, he without lawful justification:
6 (1) either intended to cause the death of or do great
7 bodily harm to the pregnant woman individual or her unborn
8 child or knew that such acts would cause death or great
9 bodily harm to the pregnant woman individual or her unborn
10 child; or
11 (2) knew that his acts created a strong probability of
12 death or great bodily harm to the pregnant woman
13 individual or her unborn child; and
14 (3) knew that the woman individual was pregnant.
15 (b) For purposes of this Section, (1) "unborn child" shall
16mean any individual of the human species from fertilization
17the implantation of an embryo until birth, and (2) "person"
18shall not include the pregnant woman whose unborn child is
19killed.
20 (c) This Section shall not apply to acts which cause the
21death of an unborn child if those acts were committed during
22any abortion, as defined in Section 2 of the Illinois Abortion
23Law of 2024 Section 1-10 of the Reproductive Health Act, to
24which the pregnant woman individual has consented. This
25Section shall not apply to acts which were committed pursuant
26to usual and customary standards of medical practice during

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1diagnostic testing or therapeutic treatment.
2 (d) Penalty. The sentence for intentional homicide of an
3unborn child shall be the same as for first degree murder,
4except that:
5 (1) (blank);
6 (2) if the person committed the offense while armed
7 with a firearm, 15 years shall be added to the term of
8 imprisonment imposed by the court;
9 (3) if, during the commission of the offense, the
10 person personally discharged a firearm, 20 years shall be
11 added to the term of imprisonment imposed by the court;
12 (4) if, during the commission of the offense, the
13 person personally discharged a firearm that proximately
14 caused great bodily harm, permanent disability, permanent
15 disfigurement, or death to another person, 25 years or up
16 to a term of natural life shall be added to the term of
17 imprisonment imposed by the court.
18 (e) The provisions of this Act shall not be construed to
19prohibit the prosecution of any person under any other
20provision of law.
21(Source: P.A. 103-51, eff. 1-1-24.)
22 (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)
23 Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a)
24A person who kills an unborn child without lawful
25justification commits voluntary manslaughter of an unborn

HB5202- 142 -LRB103 38453 CES 68589 b
1child if at the time of the killing he is acting under a sudden
2and intense passion resulting from serious provocation by
3another whom the offender endeavors to kill, but he
4negligently or accidentally causes the death of the unborn
5child.
6 Serious provocation is conduct sufficient to excite an
7intense passion in a reasonable person.
8 (b) A person who intentionally or knowingly kills an
9unborn child commits voluntary manslaughter of an unborn child
10if at the time of the killing he believes the circumstances to
11be such that, if they existed, would justify or exonerate the
12killing under the principles stated in Article 7 of this Code,
13but his belief is unreasonable.
14 (c) Sentence. Voluntary Manslaughter of an unborn child is
15a Class 1 felony.
16 (d) For purposes of this Section, (1) "unborn child" shall
17mean any individual of the human species from the implantation
18of an embryo fertilization until birth, and (2) "person" shall
19not include the pregnant individual woman whose unborn child
20is killed.
21 (e) This Section shall not apply to acts which cause the
22death of an unborn child if those acts were committed during
23any abortion, as defined in Section 1-10 of the Reproductive
24Health Act, Section 2 of the Illinois Abortion Law of 2024, to
25which the pregnant individual woman has consented. This
26Section shall not apply to acts which were committed pursuant

HB5202- 143 -LRB103 38453 CES 68589 b
1to usual and customary standards of medical practice during
2diagnostic testing or therapeutic treatment.
3(Source: P.A. 101-13, eff. 6-12-19.)
4 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
5 Sec. 9-3.2. Involuntary manslaughter and reckless homicide
6of an unborn child.
7 (a) A person who unintentionally kills an unborn child
8without lawful justification commits involuntary manslaughter
9of an unborn child if his acts whether lawful or unlawful which
10cause the death are such as are likely to cause death or great
11bodily harm to some individual, and he performs them
12recklessly, except in cases in which the cause of death
13consists of the driving of a motor vehicle, in which case the
14person commits reckless homicide of an unborn child.
15 (b) Sentence.
16 (1) Involuntary manslaughter of an unborn child is a
17 Class 3 felony.
18 (2) Reckless homicide of an unborn child is a Class 3
19 felony.
20 (c) For purposes of this Section, (1) "unborn child" shall
21mean any individual of the human species from fertilization
22the implantation of an embryo until birth, and (2) "person"
23shall not include the pregnant individual whose unborn child
24is killed.
25 (d) This Section shall not apply to acts which cause the

HB5202- 144 -LRB103 38453 CES 68589 b
1death of an unborn child if those acts were committed during
2any abortion, as defined in Section 2 of the Illinois Abortion
3Law of 2024 1-10 of the Reproductive Health Act, to which the
4pregnant woman individual has consented. This Section shall
5not apply to acts which were committed pursuant to usual and
6customary standards of medical practice during diagnostic
7testing or therapeutic treatment.
8 (e) The provisions of this Section shall not be construed
9to prohibit the prosecution of any person under any other
10provision of law, nor shall it be construed to preclude any
11civil cause of action.
12(Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
13 (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1)
14 Sec. 12-3.1. Battery of an unborn child; aggravated
15battery of an unborn child.
16 (a) A person commits battery of an unborn child if he or
17she knowingly without legal justification and by any means
18causes bodily harm to an unborn child.
19 (a-5) A person commits aggravated battery of an unborn
20child when, in committing a battery of an unborn child, he or
21she knowingly causes great bodily harm or permanent disability
22or disfigurement to an unborn child.
23 (b) For purposes of this Section, (1) "unborn child" shall
24mean any individual of the human species from the implantation
25of an embryo fertilization until birth, and (2) "person" shall

HB5202- 145 -LRB103 38453 CES 68589 b
1not include the pregnant individual woman whose unborn child
2is harmed.
3 (c) Sentence. Battery of an unborn child is a Class A
4misdemeanor. Aggravated battery of an unborn child is a Class
52 felony.
6 (d) This Section shall not apply to acts which cause
7bodily harm to an unborn child if those acts were committed
8during any abortion, as defined in Section 1-10 of the
9Reproductive Health Act, Section 2 of the Illinois Abortion
10Law of 2024, to which the pregnant individual woman has
11consented. This Section shall not apply to acts which were
12committed pursuant to usual and customary standards of medical
13practice during diagnostic testing or therapeutic treatment.
14(Source: P.A. 101-13, eff. 6-12-19.)
15 Section 670. The Code of Civil Procedure is amended by
16changing Section 8-802 as follows:
17 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
18 Sec. 8-802. Physician and patient. No physician or surgeon
19shall be permitted to disclose any information he or she may
20have acquired in attending any patient in a professional
21character, necessary to enable him or her professionally to
22serve the patient, except only (1) in trials for homicide when
23the disclosure relates directly to the fact or immediate
24circumstances of the homicide, (2) in actions, civil or

HB5202- 146 -LRB103 38453 CES 68589 b
1criminal, against the physician for malpractice, (3) with the
2expressed consent of the patient, or in case of his or her
3death or disability, of his or her personal representative or
4other person authorized to sue for personal injury or of the
5beneficiary of an insurance policy on his or her life, health,
6or physical condition, or as authorized by Section 8-2001.5,
7(4) in all actions brought by or against the patient, his or
8her personal representative, a beneficiary under a policy of
9insurance, or the executor or administrator of his or her
10estate wherein the patient's physical or mental condition is
11an issue, (5) upon an issue as to the validity of a document as
12a will of the patient, (6) (blank) in any criminal action where
13the charge is either first degree murder by abortion,
14attempted abortion, or abortion, (7) in actions, civil or
15criminal, arising from the filing of a report in compliance
16with the Abused and Neglected Child Reporting Act, (8) to any
17department, agency, institution or facility which has custody
18of the patient pursuant to State statute or any court order of
19commitment, (9) in prosecutions where written results of blood
20alcohol tests are admissible pursuant to Section 11-501.4 of
21the Illinois Vehicle Code, (10) in prosecutions where written
22results of blood alcohol tests are admissible under Section
235-11a of the Boat Registration and Safety Act, (11) in
24criminal actions arising from the filing of a report of
25suspected terrorist offense in compliance with Section
2629D-10(p)(7) of the Criminal Code of 2012, (12) upon the

HB5202- 147 -LRB103 38453 CES 68589 b
1issuance of a subpoena pursuant to Section 38 of the Medical
2Practice Act of 1987; the issuance of a subpoena pursuant to
3Section 25.1 of the Illinois Dental Practice Act; the issuance
4of a subpoena pursuant to Section 22 of the Nursing Home
5Administrators Licensing and Disciplinary Act; or the issuance
6of a subpoena pursuant to Section 25.5 of the Workers'
7Compensation Act, (13) upon the issuance of a grand jury
8subpoena pursuant to Article 112 of the Code of Criminal
9Procedure of 1963, or (14) to or through a health information
10exchange, as that term is defined in Section 2 of the Mental
11Health and Developmental Disabilities Confidentiality Act, in
12accordance with State or federal law.
13 Upon disclosure under item (13) of this Section, in any
14criminal action where the charge is domestic battery,
15aggravated domestic battery, or an offense under Article 11 of
16the Criminal Code of 2012 or where the patient is under the age
17of 18 years or upon the request of the patient, the State's
18Attorney shall petition the court for a protective order
19pursuant to Supreme Court Rule 415.
20 In the event of a conflict between the application of this
21Section and the Mental Health and Developmental Disabilities
22Confidentiality Act to a specific situation, the provisions of
23the Mental Health and Developmental Disabilities
24Confidentiality Act shall control.
25(Source: P.A. 101-13, eff. 6-12-19.)

HB5202- 148 -LRB103 38453 CES 68589 b
1 Section 673. The Health Care Right of Conscience Act is
2amended by changing Section 3 as follows:
3 (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
4 Sec. 3. Definitions. As used in this Act, unless the
5context clearly otherwise requires:
6 (a) "Health care" means any phase of patient care,
7 including but not limited to, testing; diagnosis;
8 prognosis; ancillary research; instructions; family
9 planning, counselling, referrals, or any other advice in
10 connection with the use or procurement of contraceptives
11 and sterilization or abortion procedures; medication; or
12 surgery or other care or treatment rendered by a physician
13 or physicians, nurses, paraprofessionals or health care
14 facility, intended for the physical, emotional, and mental
15 well-being of persons; or an abortion as defined by the
16 Reproductive Health Act;
17 (b) "Physician" means any person who is licensed by
18 the State of Illinois under the Medical Practice Act of
19 1987;
20 (c) "Health care personnel" means any nurse, nurses'
21 aide, medical school student, professional,
22 paraprofessional or any other person who furnishes, or
23 assists in the furnishing of, health care services;
24 (d) "Health care facility" means any public or private
25 hospital, clinic, center, medical school, medical training

HB5202- 149 -LRB103 38453 CES 68589 b
1 institution, laboratory or diagnostic facility,
2 physician's office, infirmary, dispensary, ambulatory
3 surgical treatment center or other institution or location
4 wherein health care services are provided to any person,
5 including physician organizations and associations,
6 networks, joint ventures, and all other combinations of
7 those organizations;
8 (e) "Conscience" means a sincerely held set of moral
9 convictions arising from belief in and relation to God, or
10 which, though not so derived, arises from a place in the
11 life of its possessor parallel to that filled by God among
12 adherents to religious faiths;
13 (f) "Health care payer" means a health maintenance
14 organization, insurance company, management services
15 organization, or any other entity that pays for or
16 arranges for the payment of any health care or medical
17 care service, procedure, or product; and
18 (g) "Undue delay" means unreasonable delay that causes
19 impairment of the patient's health.
20 The above definitions include not only the traditional
21combinations and forms of these persons and organizations but
22also all new and emerging forms and combinations of these
23persons and organizations.
24(Source: P.A. 101-13, eff. 6-12-19.)
25 Section 675. The Rights of Married Persons Act is amended

HB5202- 150 -LRB103 38453 CES 68589 b
1by changing Section 15 as follows:
2 (750 ILCS 65/15) (from Ch. 40, par. 1015)
3 Sec. 15. (a)(1) The expenses of the family and of the
4education of the children shall be chargeable upon the
5property of both husband and wife, or of either of them, in
6favor of creditors therefor, and in relation thereto they may
7be sued jointly or separately.
8 (2) No creditor, who has a claim against a spouse or former
9spouse for an expense incurred by that spouse or former spouse
10which is not a family expense, shall maintain an action
11against the other spouse or former spouse for that expense
12except:
13 (A) an expense for which the other spouse or former spouse
14agreed, in writing, to be liable; or
15 (B) an expense for goods or merchandise purchased by or in
16the possession of the other spouse or former spouse, or for
17services ordered by the other spouse or former spouse.
18 (3) Any creditor who maintains an action in violation of
19this subsection (a) for an expense other than a family expense
20against a spouse or former spouse other than the spouse or
21former spouse who incurred the expense, shall be liable to the
22other spouse or former spouse for his or her costs, expenses
23and attorney's fees incurred in defending the action.
24 (4) No creditor shall, with respect to any claim against a
25spouse or former spouse for which the creditor is prohibited

HB5202- 151 -LRB103 38453 CES 68589 b
1under this subsection (a) from maintaining an action against
2the other spouse or former spouse, engage in any collection
3efforts against the other spouse or former spouse, including,
4but not limited to, informal or formal collection attempts,
5referral of the claim to a collector or collection agency for
6collection from the other spouse or former spouse, or making
7any representation to a credit reporting agency that the other
8spouse or former spouse is any way liable for payment of the
9claim.
10 (b) (Blank). No spouse shall be liable for any expense
11incurred by the other spouse when an abortion is performed on
12such spouse, without the consent of such other spouse, unless
13the physician who performed the abortion certifies that such
14abortion is necessary to preserve the life of the spouse who
15obtained such abortion.
16 (c) (Blank). No parent shall be liable for any expense
17incurred by his or her minor child when an abortion is
18performed on such minor child without the consent of both
19parents of such child, if they both have custody, or the parent
20having custody, or legal guardian of such child, unless the
21physician who performed the abortion certifies that such
22abortion is necessary to preserve the life of the minor child
23who obtained such abortion.
24(Source: P.A. 101-13, eff. 6-12-19.)
25
Article 99.

HB5202- 152 -LRB103 38453 CES 68589 b
1 Section 9995. No acceleration or delay. Where this Act
2makes changes in a statute that is represented in this Act by
3text that is not yet or no longer in effect (for example, a
4Section represented by multiple versions), the use of that
5text does not accelerate or delay the taking effect of (i) the
6changes made by this Act or (ii) provisions derived from any
7other Public Act.
8 Section 9999. Effective date. This Act takes effect upon
9becoming law.

HB5202- 153 -LRB103 38453 CES 68589 b
1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 775 ILCS 55/Act rep.
5 210 ILCS 5/6.2 new
6 410 ILCS 70/9.1 new
7 735 ILCS 5/11-107.1a new
8 5 ILCS 375/6.11
9 20 ILCS 505/5from Ch. 23, par. 5005
10 5 ILCS 140/7.5
11 55 ILCS 5/3-3013from Ch. 34, par. 3-3013
12 210 ILCS 5/2from Ch. 111 1/2, par. 157-8.2
13 210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3
14 215 ILCS 5/356z.4
15 215 ILCS 5/356z.4a rep.
16 215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
17 215 ILCS 165/10from Ch. 32, par. 604
18 225 ILCS 60/22from Ch. 111, par. 4400-22
19 225 ILCS 60/36from Ch. 111, par. 4400-36
20 225 ILCS 65/65-35was 225 ILCS 65/15-15
21 225 ILCS 65/65-43
22 225 ILCS 95/7.5
23 410 ILCS 535/1from Ch. 111 1/2, par. 73-1
24 415 ILCS 5/56.1from Ch. 111 1/2, par. 1056.1
25 720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2

HB5202- 154 -LRB103 38453 CES 68589 b