Public Act 103-0462
SB1344 EnrolledLRB103 28584 LNS 54965 b SB1344 Enrolled LRB103 28584 LNS 54965 b
SB1344 Enrolled LRB103 28584 LNS 54965 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7)
(Text of Section before amendment by P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
SB1344 Enrolled LRB103 28584 LNS 54965 b
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance self insurance (including any
intergovernmental risk management association or
self-insurance self insurance pool) claims, loss or risk
management information, records, data, advice, or
communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate
students enrolled at an institution of higher education
exempted from disclosure under Section 25 of the Illinois
Credit Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(pp) Reports described in subsection (e) of Section
16-15 of the Abortion Care Clinical Training Program Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
12-13-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance self insurance (including any
intergovernmental risk management association or
self-insurance self insurance pool) claims, loss or risk
management information, records, data, advice, or
communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate
students enrolled at an institution of higher education
exempted from disclosure under Section 25 of the Illinois
Credit Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(pp) Reports described in subsection (e) of Section
16-15 of the Abortion Care Clinical Training Program Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
6-10-22; revised 12-13-22.)
Section 5. The Illinois Insurance Code is amended by
changing Section 356z.60 as follows:
(215 ILCS 5/356z.60)
Sec. 356z.60. Coverage for abortifacients, hormonal
therapy, and human immunodeficiency virus pre-exposure
prophylaxis and post-exposure prophylaxis.
(a) As used in this Section:
"Abortifacients" means any medication administered to
terminate a pregnancy as prescribed or ordered by a health
care professional.
"Health care professional" means a physician licensed to
practice medicine in all of its branches, licensed advanced
practice registered nurse, or physician assistant.
"Hormonal therapy medication" means hormonal treatment
administered to treat gender dysphoria.
"Therapeutic equivalent version" means drugs, devices, or
products that can be expected to have the same clinical effect
and safety profile when administered to patients under the
conditions specified in the labeling and that satisfy the
following general criteria:
(1) it is approved as safe and effective;
(2) it is a pharmaceutical equivalent in that it:
(A) contains identical amounts of the same active
drug ingredient in the same dosage form and route of
administration; and
(B) meets compendial or other applicable standards
of strength, quality, purity, and identity;
(3) it is bioequivalent in that:
(A) it does not present a known or potential
bioequivalence problem and it meets an acceptable in
vitro standard; or
(B) if it does present such a known or potential
problem, it is shown to meet an appropriate
bioequivalence standard;
(4) it is adequately labeled; and
(5) it is manufactured in compliance with Current Good
Manufacturing Practice regulations adopted by the United
States Food and Drug Administration.
(b) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
on or after January 1, 2024 shall provide coverage for all
abortifacients, hormonal therapy medication, human
immunodeficiency virus pre-exposure prophylaxis, and
post-exposure prophylaxis drugs approved by the United States
Food and Drug Administration, and follow-up services related
to that coverage, including, but not limited to, management of
side effects, medication self-management or adherence
counseling, risk reduction strategies, and mental health
counseling. This coverage shall include drugs approved by the
United States Food and Drug Administration that are prescribed
or ordered for off-label use for the purposes described in
this Section.
(c) The coverage required under subsection (b) is subject
to the following conditions:
(1) If the United States Food and Drug Administration
has approved one or more therapeutic equivalent versions
of an abortifacient drug, a policy is not required to
include all such therapeutic equivalent versions in its
formulary so long as at least one is included and covered
without cost sharing and in accordance with this Section.
(2) If an individual's attending provider recommends a
particular drug approved by the United States Food and
Drug Administration based on a determination of medical
necessity with respect to that individual, the plan or
issuer must defer to the determination of the attending
provider and must cover that service or item without cost
sharing.
(3) If a drug is not covered, plans and issuers must
have an easily accessible, transparent, and sufficiently
expedient process that is not unduly burdensome on the
individual or a provider or other individual acting as a
patient's authorized representative to ensure coverage
without cost sharing.
The conditions listed under this subsection (c) also apply
to drugs prescribed for off-label use as abortifacients.
(d) Except as otherwise provided in this Section, a policy
subject to this Section shall not impose a deductible,
coinsurance, copayment, or any other cost-sharing requirement
on the coverage provided. The provisions of this subsection do
not apply to coverage of procedures to the extent such
coverage would disqualify a high-deductible health plan from
eligibility for a health savings account pursuant to the
federal Internal Revenue Code, 26 U.S.C. 223.
(e) Except as otherwise authorized under this Section, a
policy shall not impose any restrictions or delays on the
coverage required under this Section.
(f) The coverage requirements in this Section for
abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),
apply to a multistate plan that does not provide coverage for
abortion.
(g) If the Department concludes that enforcement of any
coverage requirement of this Section for abortifacients may
adversely affect the allocation of federal funds to this
State, the Department may grant an exemption to that
requirement, but only to the minimum extent necessary to
ensure the continued receipt of federal funds.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 10. The Nurse Practice Act is amended by changing
Sections 65-11 and 65-11.5 as follows:
(225 ILCS 65/65-11)
Sec. 65-11. Temporary permit for advanced practice
registered nurses for health care.
(a) The Department may issue a temporary permit to an
applicant who is licensed to practice as an advanced practice
registered nurse in another state. The temporary permit will
authorize the practice of providing health care to patients in
this State, with a collaborating physician in this State, if
all of the following apply:
(1) The Department determines that the applicant's
services will improve the welfare of Illinois residents
and non-residents requiring health care services.
(2) The applicant has obtained a graduate degree
appropriate for national certification in a clinical
advanced practice registered nursing specialty or a
graduate degree or post-master's certificate from a
graduate level program in a clinical advanced practice
registered nursing specialty; the applicant has submitted
verification of licensure status in good standing in the
applicant's current state or territory of licensure; and
the applicant can furnish the Department with a certified
letter upon request from that jurisdiction attesting to
the fact that the applicant has no pending action or
violations against the applicant's license.
The Department will not consider an advanced practice
registered nurse's license being revoked or otherwise
disciplined by any state or territory based solely on the
advanced practice registered nurse providing, authorizing,
recommending, aiding, assisting, referring for, or
otherwise participating in any health care service that is
unlawful or prohibited in that state or territory, if the
provision of, authorization of, or participation in that
health care, medical service, or procedure related to any
health care service is not unlawful or prohibited in this
State.
(3) The applicant has sufficient training and
possesses the appropriate core competencies to provide
health care services, and is physically, mentally, and
professionally capable of practicing as an advanced
practice registered nurse with reasonable judgment, skill,
and safety and in accordance with applicable standards of
care.
(4) The applicant has met the written collaborative
agreement requirements under Section 65-35.
(5) The applicant will be working pursuant to an
agreement with a sponsoring licensed hospital, medical
office, clinic, or other medical facility providing health
care services. Such agreement shall be executed by an
authorized representative of the licensed hospital,
medical office, clinic, or other medical facility,
certifying that the advanced practice registered nurse
holds an active license and is in good standing in the
state in which they are licensed. If an applicant for a
temporary permit has been previously disciplined by
another jurisdiction, except as described in paragraph (2)
of subsection (a), further review may be conducted
pursuant to the Civil Administrative Code of Illinois and
this Act. The application shall include the advanced
practice registered nurse's name, contact information,
state of licensure, and license number.
(6) Payment of a $75 fee.
The sponsoring licensed hospital, medical office, clinic,
or other medical facility engaged in the agreement with the
applicant shall notify the Department should the applicant at
any point leave or become separate from the sponsor.
The Department may adopt rules to carry out this Section.
(b) A temporary permit under this Section shall expire 2
years after the date of issuance. The temporary permit may be
renewed for a $45 fee for an additional 2 years. A holder of a
temporary permit may only renew one time.
(c) The temporary permit shall only permit the holder to
practice as an advanced practice registered nurse with a
collaborating physician who provides health care services at
the location or locations specified on the permit or via
telehealth.
(d) An application for the temporary permit shall be made
to the Department, in writing, on forms prescribed by the
Department, and shall be accompanied by a non-refundable fee
of $75. The Department shall grant or deny an applicant a
temporary permit within 60 days of receipt of a completed
application. The Department shall notify the applicant of any
deficiencies in the applicant's application materials
requiring corrections in a timely manner.
(e) An applicant for temporary permit may be requested to
appear before the Board to respond to questions concerning the
applicant's qualifications to receive the permit. An
applicant's refusal to appear before the Board of Nursing may
be grounds for denial of the application by the Department.
(f) The Secretary may summarily cancel any temporary
permit issued pursuant to this Section, without a hearing, if
the Secretary finds that evidence in his or her possession
indicates that a permit holder's continuation in practice
would constitute an imminent danger to the public or violate
any provision of this Act or its rules.
If the Secretary summarily cancels a temporary permit
issued pursuant to this Section or Act, the permit holder may
petition the Department for a hearing in accordance with the
provisions of Section 70-125 to restore his or her permit,
unless the permit holder has exceeded his or her renewal
limit.
(g) In addition to terminating any temporary permit issued
pursuant to this Section or Act, the Department may issue a
monetary penalty not to exceed $10,000 upon the temporary
permit holder and may notify any state in which the temporary
permit holder has been issued a permit that his or her Illinois
permit has been terminated and the reasons for the
termination. The monetary penalty shall be paid within 60 days
after the effective date of the order imposing the penalty.
The order shall constitute a judgment and may be filed, and
execution had thereon in the same manner as any judgment from
any court of record. It is the intent of the General Assembly
that a permit issued pursuant to this Section shall be
considered a privilege and not a property right.
(h) While working in Illinois, all temporary permit
holders are subject to all statutory and regulatory
requirements of this Act in the same manner as a licensee.
Failure to adhere to all statutory and regulatory requirements
may result in revocation or other discipline of the temporary
permit.
(i) If the Department becomes aware of a violation
occurring at the facility licensed by the Department of Public
Health, licensed hospital, medical office, clinic, or other
medical facility, or via telehealth service, the Department
shall notify the Department of Public Health.
(j) The Department may adopt emergency rules pursuant to
this Section. The General Assembly finds that the adoption of
rules to implement a temporary permit for health care services
is deemed an emergency and necessary for the public interest,
safety, and welfare.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 65/65-11.5)
Sec. 65-11.5. Temporary permit for full practice advanced
practice registered nurses for health care.
(a) The Department may issue a full practice advanced
practice registered nurse temporary permit to an applicant who
is licensed to practice as an advanced practice registered
nurse in another state. The temporary permit will authorize
the practice of providing health care to patients in this
State if all of the following apply:
(1) The Department determines that the applicant's
services will improve the welfare of Illinois residents
and non-residents requiring health care services.
(2) The applicant has obtained a graduate degree
appropriate for national certification in a clinical
advanced practice registered nursing specialty or a
graduate degree or post-master's certificate from a
graduate level program in a clinical advanced practice
registered nursing specialty; the applicant is certified
as a nurse practitioner, nurse midwife, or clinical nurse
specialist; the applicant has submitted verification of
licensure status in good standing in the applicant's
current state or territory of licensure; and the applicant
can furnish the Department with a certified letter upon
request from that jurisdiction attesting to the fact that
the applicant has no pending action or violations against
the applicant's license.
The Department shall not consider an advanced practice
registered nurse's license being revoked or otherwise
disciplined by any state or territory for the provision
of, authorization of, or participation in any health care,
medical service, or procedure related to an abortion on
the basis that such health care, medical service, or
procedure related to an abortion is unlawful or prohibited
in that state or territory, if the provision of,
authorization of, or participation in that health care,
medical service, or procedure related to an abortion is
not unlawful or prohibited in this State.
(3) The applicant has sufficient training and
possesses the appropriate core competencies to provide
health care services, and is physically, mentally, and
professionally capable of practicing as an advanced
practice registered nurse with reasonable judgment, skill,
and safety and in accordance with applicable standards of
care.
(4) The applicant will be working pursuant to an
agreement with a sponsoring licensed hospital, medical
office, clinic, or other medical facility providing health
care services. Such agreement shall be executed by an
authorized representative of the licensed hospital,
medical office, clinic, or other medical facility,
certifying that the advanced practice registered nurse
holds an active license and is in good standing in the
state in which they are licensed. If an applicant for a
temporary permit has been previously disciplined by
another jurisdiction, except as described in paragraph (2)
of subsection (a), further review may be conducted
pursuant to the Civil Administrative Code of Illinois and
this Act. The application shall include the advanced
practice registered nurse's name, contact information,
state of licensure, and license number.
(5) Payment of a $75 fee.
The sponsoring licensed hospital, medical office, clinic,
or other medical facility engaged in the agreement with the
applicant shall notify the Department should the applicant at
any point leave or become separate from the sponsor.
The Department may adopt rules to carry out this Section.
(b) A temporary permit under this Section shall expire 2
years after the date of issuance. The temporary permit may be
renewed for a $45 fee for an additional 2 years. A holder of a
temporary permit may only renew one time.
(c) The temporary permit shall only permit the holder to
practice as a full practice advanced practice registered nurse
within the scope of providing health care services at the
location or locations specified on the permit or via
telehealth service.
(d) An application for the temporary permit shall be made
to the Department, in writing, on forms prescribed by the
Department, and shall be accompanied by a non-refundable fee
of $75.
(e) An applicant for temporary permit may be requested to
appear before the Board to respond to questions concerning the
applicant's qualifications to receive the permit. An
applicant's refusal to appear before the Board of Nursing may
be grounds for denial of the application by the Department.
(f) The Secretary may summarily cancel any temporary
permit issued pursuant to this Section, without a hearing, if
the Secretary finds that evidence in his or her possession
indicates that a permit holder's continuation in practice
would constitute an imminent danger to the public or violate
any provision of this Act or its rules.
If the Secretary summarily cancels a temporary permit
issued pursuant to this Section or Act, the permit holder may
petition the Department for a hearing in accordance with the
provisions of Section 70-125 of this Act to restore his or her
permit, unless the permit holder has exceeded his or her
renewal limit.
(g) In addition to terminating any temporary permit issued
pursuant to this Section or Act, the Department may issue a
monetary penalty not to exceed $10,000 upon the temporary
permit holder and may notify any state in which the temporary
permit holder has been issued a permit that his or her Illinois
permit has been terminated and the reasons for the
termination. The monetary penalty shall be paid within 60 days
after the effective date of the order imposing the penalty.
The order shall constitute a judgment and may be filed, and
execution had thereon in the same manner as any judgment from
any court of record. It is the intent of the General Assembly
that a permit issued pursuant to this Section shall be
considered a privilege and not a property right.
(h) While working in Illinois, all temporary permit
holders are subject to all statutory and regulatory
requirements of this Act in the same manner as a licensee.
Failure to adhere to all statutory and regulatory requirements
may result in revocation or other discipline of the temporary
permit.
(i) If the Department becomes aware of a violation
occurring at the facility licensed by the Department of Public
Health, licensed hospital, medical office, clinic, or other
medical facility, or via telehealth service, the Department
shall notify the Department of Public Health.
(j) The Department may adopt emergency rules pursuant to
this Section. The General Assembly finds that the adoption of
rules to implement a temporary permit for health care services
is deemed an emergency and necessary for the public interest,
safety, and welfare.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 15. The Pharmacy Practice Act is amended by
changing Section 43.5 as follows:
(225 ILCS 85/43.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 43.5. HIV prophylaxis. In accordance with a standing
order by a physician licensed to practice medicine in all its
branches or the medical director of a county or local health
department or a standing order by the Department of Public
Health, a pharmacist may provide patients with prophylaxis
drugs for human immunodeficiency virus pre-exposure
prophylaxis or post-exposure prophylaxis.
A pharmacist may provide initial assessment and dispensing
of prophylaxis drugs for human immunodeficiency virus
pre-exposure prophylaxis or post-exposure prophylaxis. If a
patient's HIV test results are reactive, the pharmacist shall
refer the patient to an appropriate health care professional
or clinic. If the patient's HIV test results are nonreactive,
the pharmacist may initiate human immunodeficiency virus
pre-exposure prophylaxis or post-exposure prophylaxis to
eligible patients.
The standing order must be consistent with the current
version of the guidelines of the Centers for Disease Control
and Prevention, guidelines of the United States Preventive
Services Task Force, or generally recognized evidence-based
clinical guidelines.
A pharmacist must communicate the services provided under
this Section to the patient and the patient's primary health
care provider or other health care professional or clinic, if
known. If there is no primary health care provider provided by
the patient, then the pharmacist shall give the patient a list
of primary health care providers, other health care
professionals, and clinics in the area.
The services provided under this Section shall be
appropriately documented and retained in a confidential manner
consistent with State HIV confidentiality requirements.
The services provided under this Section shall take place
in a private manner.
A pharmacist shall complete an educational training
program accredited by the Accreditation Council for Pharmacy
Education and approved by the Department that is related to
the initiation, dispensing, or administration of drugs,
laboratory tests, assessments, referrals, and consultations
for human immunodeficiency virus pre-exposure prophylaxis and
human immunodeficiency virus post-exposure prophylaxis.
(Source: P.A. 102-1051, eff. 1-1-23.)
Section 20. The Physician Assistant Practice Act of 1987
is amended by changing Section 9.7 as follows:
(225 ILCS 95/9.7)
Sec. 9.7. Temporary permit for health care.
(a) The Department may issue a temporary permit to an
applicant who is licensed to practice as a physician assistant
in another state. The temporary permit will authorize the
practice of providing health care to patients in this State,
with a collaborating physician in this State, if all of the
following apply:
(1) The Department determines that the applicant's
services will improve the welfare of Illinois residents
and non-residents requiring health care services.
(2) The applicant has obtained certification by the
National Commission on Certification of Physician
Assistants or its successor agency; the applicant has
submitted verification of licensure status in good
standing in the applicant's current state or territory of
licensure; and the applicant can furnish the Department
with a certified letter upon request from that
jurisdiction attesting to the fact that the applicant has
no pending action or violations against the applicant's
license.
The Department will not consider a physician
assistant's license being revoked or otherwise disciplined
by any state or territory based solely on the physician
providing, authorizing, recommending, aiding, assisting,
referring for, or otherwise participating in any health
care service that is unlawful or prohibited in that state
or territory, if the provision of, authorization of, or
participation in that health care service, medical
service, or procedure related to any health care service
is not unlawful or prohibited in this State.
(3) The applicant has sufficient training and
possesses the appropriate core competencies to provide
health care services, and is physically, mentally, and
professionally capable of practicing as a physician
assistant with reasonable judgment, skill, and safety and
in accordance with applicable standards of care.
(4) The applicant has met the written collaborative
agreement requirements under subsection (a) of Section
7.5.
(5) The applicant will be working pursuant to an
agreement with a sponsoring licensed hospital, medical
office, clinic, or other medical facility providing health
care services. Such agreement shall be executed by an
authorized representative of the licensed hospital,
medical office, clinic, or other medical facility,
certifying that the physician assistant holds an active
license and is in good standing in the state in which they
are licensed. If an applicant for a temporary permit has
been previously disciplined by another jurisdiction,
except as described in paragraph (2) of subsection (a),
further review may be conducted pursuant to the Civil
Administrative Code of Illinois and this Act. The
application shall include the physician assistant's name,
contact information, state of licensure, and license
number.
(6) Payment of a $75 fee.
The sponsoring licensed hospital, medical office, clinic,
or other medical facility engaged in the agreement with the
applicant shall notify the Department should the applicant at
any point leave or become separate from the sponsor.
The Department may adopt rules to carry out this Section.
(b) A temporary permit under this Section shall expire 2
years after the date of issuance. The temporary permit may be
renewed for a $45 fee for an additional 2 years. A holder of a
temporary permit may only renew one time.
(c) The temporary permit shall only permit the holder to
practice as a physician assistant with a collaborating
physician who provides health care services with the sponsor
specified on the permit.
(d) An application for the temporary permit shall be made
to the Department, in writing, on forms prescribed by the
Department, and shall be accompanied by a non-refundable fee
of $75. The Department shall grant or deny an applicant a
temporary permit within 60 days of receipt of a completed
application. The Department shall notify the applicant of any
deficiencies in the applicant's application materials
requiring corrections in a timely manner.
(e) An applicant for a temporary permit may be requested
to appear before the Board to respond to questions concerning
the applicant's qualifications to receive the permit. An
applicant's refusal to appear before the Board may be grounds
for denial of the application by the Department.
(f) The Secretary may summarily cancel any temporary
permit issued pursuant to this Section, without a hearing, if
the Secretary finds that evidence in his or her possession
indicates that a permit holder's continuation in practice
would constitute an imminent danger to the public or violate
any provision of this Act or its rules. If the Secretary
summarily cancels a temporary permit issued pursuant to this
Section or Act, the permit holder may petition the Department
for a hearing in accordance with the provisions of Section
22.11 to restore his or her permit, unless the permit holder
has exceeded his or her renewal limit.
(g) In addition to terminating any temporary permit issued
pursuant to this Section or Act, the Department may issue a
monetary penalty not to exceed $10,000 upon the temporary
permit holder and may notify any state in which the temporary
permit holder has been issued a permit that his or her Illinois
permit has been terminated and the reasons for that
termination. The monetary penalty shall be paid within 60 days
after the effective date of the order imposing the penalty.
The order shall constitute a judgment and may be filed, and
execution had thereon in the same manner as any judgment from
any court of record. It is the intent of the General Assembly
that a permit issued pursuant to this Section shall be
considered a privilege and not a property right.
(h) While working in Illinois, all temporary permit
holders are subject to all statutory and regulatory
requirements of this Act in the same manner as a licensee.
Failure to adhere to all statutory and regulatory requirements
may result in revocation or other discipline of the temporary
permit.
(i) If the Department becomes aware of a violation
occurring at the facility licensed by the Department of Public
Health, licensed hospital, medical office, clinic, or other
medical facility, or occurring via telehealth services, the
Department shall notify the Department of Public Health.
(j) The Department may adopt emergency rules pursuant to
this Section. The General Assembly finds that the adoption of
rules to implement a temporary permit for health care services
is deemed an emergency and necessary for the public interest,
safety, and welfare.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 25. The Abortion Care Clinical Training Program
Act is amended by changing Section 16-15 as follows:
(410 ILCS 185/16-15)
Sec. 16-15. Program administration and reporting.
(a) Subject to appropriation to the Fund, the Department
shall contract with at least one coordinating organization to
administer the Program. The Department shall use the Fund to
contract with the coordinating organization.
(b) A coordinating organization contracted by the
Department to administer the Program shall:
(1) submit an annual report to the Department
regarding Program performance, including the number of
participants enrolled, the demographics of Program
participants, the number of participants who successfully
complete the Program, the outcome of successful Program
participants, and the level of involvement of the
participants in providing abortion and other forms of
reproductive health care in Illinois; and
(2) meet any other requirements established by the
Department that are not inconsistent with this Act.
(c) The Department shall release the name of any
coordinating organization it coordinates with and any entity
receiving funds to assist in the implementation of this
Program through the coordinating organization. The Department
shall not release the name of any individual person or health
care professional administering services through or
participating in the Program. The Department shall, by rule,
establish procedures to ensure that sensitive Program
information, including any personal information and
information that, if released, could endanger the life or
physical safety of program participants, remains confidential.
(d) Any coordinating organization or other entity
receiving funds to implement this Program is subject to the
requirements of the Grant Accountability and Transparency Act.
(e) All reports received by the Department in accordance
with this Section shall be treated as confidential and exempt
from the Freedom of Information Act.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.