IL
Illinois Senate Bill SB1344

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1344 Compare Versions

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1-Public Act 103-0462
21 SB1344 EnrolledLRB103 28584 LNS 54965 b SB1344 Enrolled LRB103 28584 LNS 54965 b
32 SB1344 Enrolled LRB103 28584 LNS 54965 b
4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 3. The Freedom of Information Act is amended by
8-changing Section 7 as follows:
9-(5 ILCS 140/7)
10-(Text of Section before amendment by P.A. 102-982)
11-Sec. 7. Exemptions.
12-(1) When a request is made to inspect or copy a public
13-record that contains information that is exempt from
14-disclosure under this Section, but also contains information
15-that is not exempt from disclosure, the public body may elect
16-to redact the information that is exempt. The public body
17-shall make the remaining information available for inspection
18-and copying. Subject to this requirement, the following shall
19-be exempt from inspection and copying:
20-(a) Information specifically prohibited from
21-disclosure by federal or State law or rules and
22-regulations implementing federal or State law.
23-(b) Private information, unless disclosure is required
24-by another provision of this Act, a State or federal law,
25-or a court order.
26-(b-5) Files, documents, and other data or databases
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 3. The Freedom of Information Act is amended by
7+5 changing Section 7 as follows:
8+6 (5 ILCS 140/7)
9+7 (Text of Section before amendment by P.A. 102-982)
10+8 Sec. 7. Exemptions.
11+9 (1) When a request is made to inspect or copy a public
12+10 record that contains information that is exempt from
13+11 disclosure under this Section, but also contains information
14+12 that is not exempt from disclosure, the public body may elect
15+13 to redact the information that is exempt. The public body
16+14 shall make the remaining information available for inspection
17+15 and copying. Subject to this requirement, the following shall
18+16 be exempt from inspection and copying:
19+17 (a) Information specifically prohibited from
20+18 disclosure by federal or State law or rules and
21+19 regulations implementing federal or State law.
22+20 (b) Private information, unless disclosure is required
23+21 by another provision of this Act, a State or federal law,
24+22 or a court order.
25+23 (b-5) Files, documents, and other data or databases
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33-maintained by one or more law enforcement agencies and
34-specifically designed to provide information to one or
35-more law enforcement agencies regarding the physical or
36-mental status of one or more individual subjects.
37-(c) Personal information contained within public
38-records, the disclosure of which would constitute a
39-clearly unwarranted invasion of personal privacy, unless
40-the disclosure is consented to in writing by the
41-individual subjects of the information. "Unwarranted
42-invasion of personal privacy" means the disclosure of
43-information that is highly personal or objectionable to a
44-reasonable person and in which the subject's right to
45-privacy outweighs any legitimate public interest in
46-obtaining the information. The disclosure of information
47-that bears on the public duties of public employees and
48-officials shall not be considered an invasion of personal
49-privacy.
50-(d) Records in the possession of any public body
51-created in the course of administrative enforcement
52-proceedings, and any law enforcement or correctional
53-agency for law enforcement purposes, but only to the
54-extent that disclosure would:
55-(i) interfere with pending or actually and
56-reasonably contemplated law enforcement proceedings
57-conducted by any law enforcement or correctional
58-agency that is the recipient of the request;
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34+1 maintained by one or more law enforcement agencies and
35+2 specifically designed to provide information to one or
36+3 more law enforcement agencies regarding the physical or
37+4 mental status of one or more individual subjects.
38+5 (c) Personal information contained within public
39+6 records, the disclosure of which would constitute a
40+7 clearly unwarranted invasion of personal privacy, unless
41+8 the disclosure is consented to in writing by the
42+9 individual subjects of the information. "Unwarranted
43+10 invasion of personal privacy" means the disclosure of
44+11 information that is highly personal or objectionable to a
45+12 reasonable person and in which the subject's right to
46+13 privacy outweighs any legitimate public interest in
47+14 obtaining the information. The disclosure of information
48+15 that bears on the public duties of public employees and
49+16 officials shall not be considered an invasion of personal
50+17 privacy.
51+18 (d) Records in the possession of any public body
52+19 created in the course of administrative enforcement
53+20 proceedings, and any law enforcement or correctional
54+21 agency for law enforcement purposes, but only to the
55+22 extent that disclosure would:
56+23 (i) interfere with pending or actually and
57+24 reasonably contemplated law enforcement proceedings
58+25 conducted by any law enforcement or correctional
59+26 agency that is the recipient of the request;
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61-(ii) interfere with active administrative
62-enforcement proceedings conducted by the public body
63-that is the recipient of the request;
64-(iii) create a substantial likelihood that a
65-person will be deprived of a fair trial or an impartial
66-hearing;
67-(iv) unavoidably disclose the identity of a
68-confidential source, confidential information
69-furnished only by the confidential source, or persons
70-who file complaints with or provide information to
71-administrative, investigative, law enforcement, or
72-penal agencies; except that the identities of
73-witnesses to traffic accidents, traffic accident
74-reports, and rescue reports shall be provided by
75-agencies of local government, except when disclosure
76-would interfere with an active criminal investigation
77-conducted by the agency that is the recipient of the
78-request;
79-(v) disclose unique or specialized investigative
80-techniques other than those generally used and known
81-or disclose internal documents of correctional
82-agencies related to detection, observation, or
83-investigation of incidents of crime or misconduct, and
84-disclosure would result in demonstrable harm to the
85-agency or public body that is the recipient of the
86-request;
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89-(vi) endanger the life or physical safety of law
90-enforcement personnel or any other person; or
91-(vii) obstruct an ongoing criminal investigation
92-by the agency that is the recipient of the request.
93-(d-5) A law enforcement record created for law
94-enforcement purposes and contained in a shared electronic
95-record management system if the law enforcement agency
96-that is the recipient of the request did not create the
97-record, did not participate in or have a role in any of the
98-events which are the subject of the record, and only has
99-access to the record through the shared electronic record
100-management system.
101-(d-6) Records contained in the Officer Professional
102-Conduct Database under Section 9.2 of the Illinois Police
103-Training Act, except to the extent authorized under that
104-Section. This includes the documents supplied to the
105-Illinois Law Enforcement Training Standards Board from the
106-Illinois State Police and Illinois State Police Merit
107-Board.
108-(e) Records that relate to or affect the security of
109-correctional institutions and detention facilities.
110-(e-5) Records requested by persons committed to the
111-Department of Corrections, Department of Human Services
112-Division of Mental Health, or a county jail if those
113-materials are available in the library of the correctional
114-institution or facility or jail where the inmate is
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117-confined.
118-(e-6) Records requested by persons committed to the
119-Department of Corrections, Department of Human Services
120-Division of Mental Health, or a county jail if those
121-materials include records from staff members' personnel
122-files, staff rosters, or other staffing assignment
123-information.
124-(e-7) Records requested by persons committed to the
125-Department of Corrections or Department of Human Services
126-Division of Mental Health if those materials are available
127-through an administrative request to the Department of
128-Corrections or Department of Human Services Division of
129-Mental Health.
130-(e-8) Records requested by a person committed to the
131-Department of Corrections, Department of Human Services
132-Division of Mental Health, or a county jail, the
133-disclosure of which would result in the risk of harm to any
134-person or the risk of an escape from a jail or correctional
135-institution or facility.
136-(e-9) Records requested by a person in a county jail
137-or committed to the Department of Corrections or
138-Department of Human Services Division of Mental Health,
139-containing personal information pertaining to the person's
140-victim or the victim's family, including, but not limited
141-to, a victim's home address, home telephone number, work
142-or school address, work telephone number, social security
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70+1 (ii) interfere with active administrative
71+2 enforcement proceedings conducted by the public body
72+3 that is the recipient of the request;
73+4 (iii) create a substantial likelihood that a
74+5 person will be deprived of a fair trial or an impartial
75+6 hearing;
76+7 (iv) unavoidably disclose the identity of a
77+8 confidential source, confidential information
78+9 furnished only by the confidential source, or persons
79+10 who file complaints with or provide information to
80+11 administrative, investigative, law enforcement, or
81+12 penal agencies; except that the identities of
82+13 witnesses to traffic accidents, traffic accident
83+14 reports, and rescue reports shall be provided by
84+15 agencies of local government, except when disclosure
85+16 would interfere with an active criminal investigation
86+17 conducted by the agency that is the recipient of the
87+18 request;
88+19 (v) disclose unique or specialized investigative
89+20 techniques other than those generally used and known
90+21 or disclose internal documents of correctional
91+22 agencies related to detection, observation, or
92+23 investigation of incidents of crime or misconduct, and
93+24 disclosure would result in demonstrable harm to the
94+25 agency or public body that is the recipient of the
95+26 request;
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145-number, or any other identifying information, except as
146-may be relevant to a requester's current or potential case
147-or claim.
148-(e-10) Law enforcement records of other persons
149-requested by a person committed to the Department of
150-Corrections, Department of Human Services Division of
151-Mental Health, or a county jail, including, but not
152-limited to, arrest and booking records, mug shots, and
153-crime scene photographs, except as these records may be
154-relevant to the requester's current or potential case or
155-claim.
156-(f) Preliminary drafts, notes, recommendations,
157-memoranda, and other records in which opinions are
158-expressed, or policies or actions are formulated, except
159-that a specific record or relevant portion of a record
160-shall not be exempt when the record is publicly cited and
161-identified by the head of the public body. The exemption
162-provided in this paragraph (f) extends to all those
163-records of officers and agencies of the General Assembly
164-that pertain to the preparation of legislative documents.
165-(g) Trade secrets and commercial or financial
166-information obtained from a person or business where the
167-trade secrets or commercial or financial information are
168-furnished under a claim that they are proprietary,
169-privileged, or confidential, and that disclosure of the
170-trade secrets or commercial or financial information would
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173-cause competitive harm to the person or business, and only
174-insofar as the claim directly applies to the records
175-requested.
176-The information included under this exemption includes
177-all trade secrets and commercial or financial information
178-obtained by a public body, including a public pension
179-fund, from a private equity fund or a privately held
180-company within the investment portfolio of a private
181-equity fund as a result of either investing or evaluating
182-a potential investment of public funds in a private equity
183-fund. The exemption contained in this item does not apply
184-to the aggregate financial performance information of a
185-private equity fund, nor to the identity of the fund's
186-managers or general partners. The exemption contained in
187-this item does not apply to the identity of a privately
188-held company within the investment portfolio of a private
189-equity fund, unless the disclosure of the identity of a
190-privately held company may cause competitive harm.
191-Nothing contained in this paragraph (g) shall be
192-construed to prevent a person or business from consenting
193-to disclosure.
194-(h) Proposals and bids for any contract, grant, or
195-agreement, including information which if it were
196-disclosed would frustrate procurement or give an advantage
197-to any person proposing to enter into a contractor
198-agreement with the body, until an award or final selection
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201-is made. Information prepared by or for the body in
202-preparation of a bid solicitation shall be exempt until an
203-award or final selection is made.
204-(i) Valuable formulae, computer geographic systems,
205-designs, drawings, and research data obtained or produced
206-by any public body when disclosure could reasonably be
207-expected to produce private gain or public loss. The
208-exemption for "computer geographic systems" provided in
209-this paragraph (i) does not extend to requests made by
210-news media as defined in Section 2 of this Act when the
211-requested information is not otherwise exempt and the only
212-purpose of the request is to access and disseminate
213-information regarding the health, safety, welfare, or
214-legal rights of the general public.
215-(j) The following information pertaining to
216-educational matters:
217-(i) test questions, scoring keys, and other
218-examination data used to administer an academic
219-examination;
220-(ii) information received by a primary or
221-secondary school, college, or university under its
222-procedures for the evaluation of faculty members by
223-their academic peers;
224-(iii) information concerning a school or
225-university's adjudication of student disciplinary
226-cases, but only to the extent that disclosure would
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106+1 (vi) endanger the life or physical safety of law
107+2 enforcement personnel or any other person; or
108+3 (vii) obstruct an ongoing criminal investigation
109+4 by the agency that is the recipient of the request.
110+5 (d-5) A law enforcement record created for law
111+6 enforcement purposes and contained in a shared electronic
112+7 record management system if the law enforcement agency
113+8 that is the recipient of the request did not create the
114+9 record, did not participate in or have a role in any of the
115+10 events which are the subject of the record, and only has
116+11 access to the record through the shared electronic record
117+12 management system.
118+13 (d-6) Records contained in the Officer Professional
119+14 Conduct Database under Section 9.2 of the Illinois Police
120+15 Training Act, except to the extent authorized under that
121+16 Section. This includes the documents supplied to the
122+17 Illinois Law Enforcement Training Standards Board from the
123+18 Illinois State Police and Illinois State Police Merit
124+19 Board.
125+20 (e) Records that relate to or affect the security of
126+21 correctional institutions and detention facilities.
127+22 (e-5) Records requested by persons committed to the
128+23 Department of Corrections, Department of Human Services
129+24 Division of Mental Health, or a county jail if those
130+25 materials are available in the library of the correctional
131+26 institution or facility or jail where the inmate is
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229-unavoidably reveal the identity of the student; and
230-(iv) course materials or research materials used
231-by faculty members.
232-(k) Architects' plans, engineers' technical
233-submissions, and other construction related technical
234-documents for projects not constructed or developed in
235-whole or in part with public funds and the same for
236-projects constructed or developed with public funds,
237-including, but not limited to, power generating and
238-distribution stations and other transmission and
239-distribution facilities, water treatment facilities,
240-airport facilities, sport stadiums, convention centers,
241-and all government owned, operated, or occupied buildings,
242-but only to the extent that disclosure would compromise
243-security.
244-(l) Minutes of meetings of public bodies closed to the
245-public as provided in the Open Meetings Act until the
246-public body makes the minutes available to the public
247-under Section 2.06 of the Open Meetings Act.
248-(m) Communications between a public body and an
249-attorney or auditor representing the public body that
250-would not be subject to discovery in litigation, and
251-materials prepared or compiled by or for a public body in
252-anticipation of a criminal, civil, or administrative
253-proceeding upon the request of an attorney advising the
254-public body, and materials prepared or compiled with
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256135
257-respect to internal audits of public bodies.
258-(n) Records relating to a public body's adjudication
259-of employee grievances or disciplinary cases; however,
260-this exemption shall not extend to the final outcome of
261-cases in which discipline is imposed.
262-(o) Administrative or technical information associated
263-with automated data processing operations, including, but
264-not limited to, software, operating protocols, computer
265-program abstracts, file layouts, source listings, object
266-modules, load modules, user guides, documentation
267-pertaining to all logical and physical design of
268-computerized systems, employee manuals, and any other
269-information that, if disclosed, would jeopardize the
270-security of the system or its data or the security of
271-materials exempt under this Section.
272-(p) Records relating to collective negotiating matters
273-between public bodies and their employees or
274-representatives, except that any final contract or
275-agreement shall be subject to inspection and copying.
276-(q) Test questions, scoring keys, and other
277-examination data used to determine the qualifications of
278-an applicant for a license or employment.
279-(r) The records, documents, and information relating
280-to real estate purchase negotiations until those
281-negotiations have been completed or otherwise terminated.
282-With regard to a parcel involved in a pending or actually
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285-and reasonably contemplated eminent domain proceeding
286-under the Eminent Domain Act, records, documents, and
287-information relating to that parcel shall be exempt except
288-as may be allowed under discovery rules adopted by the
289-Illinois Supreme Court. The records, documents, and
290-information relating to a real estate sale shall be exempt
291-until a sale is consummated.
292-(s) Any and all proprietary information and records
293-related to the operation of an intergovernmental risk
294-management association or self-insurance pool or jointly
295-self-administered health and accident cooperative or pool.
296-Insurance or self-insurance self insurance (including any
297-intergovernmental risk management association or
298-self-insurance self insurance pool) claims, loss or risk
299-management information, records, data, advice, or
300-communications.
301-(t) Information contained in or related to
302-examination, operating, or condition reports prepared by,
303-on behalf of, or for the use of a public body responsible
304-for the regulation or supervision of financial
305-institutions, insurance companies, or pharmacy benefit
306-managers, unless disclosure is otherwise required by State
307-law.
308-(u) Information that would disclose or might lead to
309-the disclosure of secret or confidential information,
310-codes, algorithms, programs, or private keys intended to
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142+1 confined.
143+2 (e-6) Records requested by persons committed to the
144+3 Department of Corrections, Department of Human Services
145+4 Division of Mental Health, or a county jail if those
146+5 materials include records from staff members' personnel
147+6 files, staff rosters, or other staffing assignment
148+7 information.
149+8 (e-7) Records requested by persons committed to the
150+9 Department of Corrections or Department of Human Services
151+10 Division of Mental Health if those materials are available
152+11 through an administrative request to the Department of
153+12 Corrections or Department of Human Services Division of
154+13 Mental Health.
155+14 (e-8) Records requested by a person committed to the
156+15 Department of Corrections, Department of Human Services
157+16 Division of Mental Health, or a county jail, the
158+17 disclosure of which would result in the risk of harm to any
159+18 person or the risk of an escape from a jail or correctional
160+19 institution or facility.
161+20 (e-9) Records requested by a person in a county jail
162+21 or committed to the Department of Corrections or
163+22 Department of Human Services Division of Mental Health,
164+23 containing personal information pertaining to the person's
165+24 victim or the victim's family, including, but not limited
166+25 to, a victim's home address, home telephone number, work
167+26 or school address, work telephone number, social security
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313-be used to create electronic signatures under the Uniform
314-Electronic Transactions Act.
315-(v) Vulnerability assessments, security measures, and
316-response policies or plans that are designed to identify,
317-prevent, or respond to potential attacks upon a
318-community's population or systems, facilities, or
319-installations, but only to the extent that disclosure
320-could reasonably be expected to expose the vulnerability
321-or jeopardize the effectiveness of the measures, policies,
322-or plans, or the safety of the personnel who implement
323-them or the public. Information exempt under this item may
324-include such things as details pertaining to the
325-mobilization or deployment of personnel or equipment, to
326-the operation of communication systems or protocols, to
327-cybersecurity vulnerabilities, or to tactical operations.
328-(w) (Blank).
329-(x) Maps and other records regarding the location or
330-security of generation, transmission, distribution,
331-storage, gathering, treatment, or switching facilities
332-owned by a utility, by a power generator, or by the
333-Illinois Power Agency.
334-(y) Information contained in or related to proposals,
335-bids, or negotiations related to electric power
336-procurement under Section 1-75 of the Illinois Power
337-Agency Act and Section 16-111.5 of the Public Utilities
338-Act that is determined to be confidential and proprietary
339170
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341-by the Illinois Power Agency or by the Illinois Commerce
342-Commission.
343-(z) Information about students exempted from
344-disclosure under Section Sections 10-20.38 or 34-18.29 of
345-the School Code, and information about undergraduate
346-students enrolled at an institution of higher education
347-exempted from disclosure under Section 25 of the Illinois
348-Credit Card Marketing Act of 2009.
349-(aa) Information the disclosure of which is exempted
350-under the Viatical Settlements Act of 2009.
351-(bb) Records and information provided to a mortality
352-review team and records maintained by a mortality review
353-team appointed under the Department of Juvenile Justice
354-Mortality Review Team Act.
355-(cc) Information regarding interments, entombments, or
356-inurnments of human remains that are submitted to the
357-Cemetery Oversight Database under the Cemetery Care Act or
358-the Cemetery Oversight Act, whichever is applicable.
359-(dd) Correspondence and records (i) that may not be
360-disclosed under Section 11-9 of the Illinois Public Aid
361-Code or (ii) that pertain to appeals under Section 11-8 of
362-the Illinois Public Aid Code.
363-(ee) The names, addresses, or other personal
364-information of persons who are minors and are also
365-participants and registrants in programs of park
366-districts, forest preserve districts, conservation
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369-districts, recreation agencies, and special recreation
370-associations.
371-(ff) The names, addresses, or other personal
372-information of participants and registrants in programs of
373-park districts, forest preserve districts, conservation
374-districts, recreation agencies, and special recreation
375-associations where such programs are targeted primarily to
376-minors.
377-(gg) Confidential information described in Section
378-1-100 of the Illinois Independent Tax Tribunal Act of
379-2012.
380-(hh) The report submitted to the State Board of
381-Education by the School Security and Standards Task Force
382-under item (8) of subsection (d) of Section 2-3.160 of the
383-School Code and any information contained in that report.
384-(ii) Records requested by persons committed to or
385-detained by the Department of Human Services under the
386-Sexually Violent Persons Commitment Act or committed to
387-the Department of Corrections under the Sexually Dangerous
388-Persons Act if those materials: (i) are available in the
389-library of the facility where the individual is confined;
390-(ii) include records from staff members' personnel files,
391-staff rosters, or other staffing assignment information;
392-or (iii) are available through an administrative request
393-to the Department of Human Services or the Department of
394-Corrections.
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178+1 number, or any other identifying information, except as
179+2 may be relevant to a requester's current or potential case
180+3 or claim.
181+4 (e-10) Law enforcement records of other persons
182+5 requested by a person committed to the Department of
183+6 Corrections, Department of Human Services Division of
184+7 Mental Health, or a county jail, including, but not
185+8 limited to, arrest and booking records, mug shots, and
186+9 crime scene photographs, except as these records may be
187+10 relevant to the requester's current or potential case or
188+11 claim.
189+12 (f) Preliminary drafts, notes, recommendations,
190+13 memoranda, and other records in which opinions are
191+14 expressed, or policies or actions are formulated, except
192+15 that a specific record or relevant portion of a record
193+16 shall not be exempt when the record is publicly cited and
194+17 identified by the head of the public body. The exemption
195+18 provided in this paragraph (f) extends to all those
196+19 records of officers and agencies of the General Assembly
197+20 that pertain to the preparation of legislative documents.
198+21 (g) Trade secrets and commercial or financial
199+22 information obtained from a person or business where the
200+23 trade secrets or commercial or financial information are
201+24 furnished under a claim that they are proprietary,
202+25 privileged, or confidential, and that disclosure of the
203+26 trade secrets or commercial or financial information would
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397-(jj) Confidential information described in Section
398-5-535 of the Civil Administrative Code of Illinois.
399-(kk) The public body's credit card numbers, debit card
400-numbers, bank account numbers, Federal Employer
401-Identification Number, security code numbers, passwords,
402-and similar account information, the disclosure of which
403-could result in identity theft or impression or defrauding
404-of a governmental entity or a person.
405-(ll) Records concerning the work of the threat
406-assessment team of a school district, including, but not
407-limited to, any threat assessment procedure under the
408-School Safety Drill Act and any information contained in
409-the procedure.
410-(mm) Information prohibited from being disclosed under
411-subsections (a) and (b) of Section 15 of the Student
412-Confidential Reporting Act.
413-(nn) (mm) Proprietary information submitted to the
414-Environmental Protection Agency under the Drug Take-Back
415-Act.
416-(oo) (mm) Records described in subsection (f) of
417-Section 3-5-1 of the Unified Code of Corrections.
418-(pp) Reports described in subsection (e) of Section
419-16-15 of the Abortion Care Clinical Training Program Act.
420-(1.5) Any information exempt from disclosure under the
421-Judicial Privacy Act shall be redacted from public records
422-prior to disclosure under this Act.
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424207
425-(2) A public record that is not in the possession of a
426-public body but is in the possession of a party with whom the
427-agency has contracted to perform a governmental function on
428-behalf of the public body, and that directly relates to the
429-governmental function and is not otherwise exempt under this
430-Act, shall be considered a public record of the public body,
431-for purposes of this Act.
432-(3) This Section does not authorize withholding of
433-information or limit the availability of records to the
434-public, except as stated in this Section or otherwise provided
435-in this Act.
436-(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
437-101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
438-6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
439-eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
440-102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
441-12-13-22.)
442-(Text of Section after amendment by P.A. 102-982)
443-Sec. 7. Exemptions.
444-(1) When a request is made to inspect or copy a public
445-record that contains information that is exempt from
446-disclosure under this Section, but also contains information
447-that is not exempt from disclosure, the public body may elect
448-to redact the information that is exempt. The public body
449-shall make the remaining information available for inspection
208+
209+ SB1344 Enrolled - 6 - LRB103 28584 LNS 54965 b
450210
451211
452-and copying. Subject to this requirement, the following shall
453-be exempt from inspection and copying:
454-(a) Information specifically prohibited from
455-disclosure by federal or State law or rules and
456-regulations implementing federal or State law.
457-(b) Private information, unless disclosure is required
458-by another provision of this Act, a State or federal law,
459-or a court order.
460-(b-5) Files, documents, and other data or databases
461-maintained by one or more law enforcement agencies and
462-specifically designed to provide information to one or
463-more law enforcement agencies regarding the physical or
464-mental status of one or more individual subjects.
465-(c) Personal information contained within public
466-records, the disclosure of which would constitute a
467-clearly unwarranted invasion of personal privacy, unless
468-the disclosure is consented to in writing by the
469-individual subjects of the information. "Unwarranted
470-invasion of personal privacy" means the disclosure of
471-information that is highly personal or objectionable to a
472-reasonable person and in which the subject's right to
473-privacy outweighs any legitimate public interest in
474-obtaining the information. The disclosure of information
475-that bears on the public duties of public employees and
476-officials shall not be considered an invasion of personal
477-privacy.
212+SB1344 Enrolled- 7 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 7 - LRB103 28584 LNS 54965 b
213+ SB1344 Enrolled - 7 - LRB103 28584 LNS 54965 b
214+1 cause competitive harm to the person or business, and only
215+2 insofar as the claim directly applies to the records
216+3 requested.
217+4 The information included under this exemption includes
218+5 all trade secrets and commercial or financial information
219+6 obtained by a public body, including a public pension
220+7 fund, from a private equity fund or a privately held
221+8 company within the investment portfolio of a private
222+9 equity fund as a result of either investing or evaluating
223+10 a potential investment of public funds in a private equity
224+11 fund. The exemption contained in this item does not apply
225+12 to the aggregate financial performance information of a
226+13 private equity fund, nor to the identity of the fund's
227+14 managers or general partners. The exemption contained in
228+15 this item does not apply to the identity of a privately
229+16 held company within the investment portfolio of a private
230+17 equity fund, unless the disclosure of the identity of a
231+18 privately held company may cause competitive harm.
232+19 Nothing contained in this paragraph (g) shall be
233+20 construed to prevent a person or business from consenting
234+21 to disclosure.
235+22 (h) Proposals and bids for any contract, grant, or
236+23 agreement, including information which if it were
237+24 disclosed would frustrate procurement or give an advantage
238+25 to any person proposing to enter into a contractor
239+26 agreement with the body, until an award or final selection
478240
479241
480-(d) Records in the possession of any public body
481-created in the course of administrative enforcement
482-proceedings, and any law enforcement or correctional
483-agency for law enforcement purposes, but only to the
484-extent that disclosure would:
485-(i) interfere with pending or actually and
486-reasonably contemplated law enforcement proceedings
487-conducted by any law enforcement or correctional
488-agency that is the recipient of the request;
489-(ii) interfere with active administrative
490-enforcement proceedings conducted by the public body
491-that is the recipient of the request;
492-(iii) create a substantial likelihood that a
493-person will be deprived of a fair trial or an impartial
494-hearing;
495-(iv) unavoidably disclose the identity of a
496-confidential source, confidential information
497-furnished only by the confidential source, or persons
498-who file complaints with or provide information to
499-administrative, investigative, law enforcement, or
500-penal agencies; except that the identities of
501-witnesses to traffic crashes, traffic crash reports,
502-and rescue reports shall be provided by agencies of
503-local government, except when disclosure would
504-interfere with an active criminal investigation
505-conducted by the agency that is the recipient of the
506242
507243
508-request;
509-(v) disclose unique or specialized investigative
510-techniques other than those generally used and known
511-or disclose internal documents of correctional
512-agencies related to detection, observation, or
513-investigation of incidents of crime or misconduct, and
514-disclosure would result in demonstrable harm to the
515-agency or public body that is the recipient of the
516-request;
517-(vi) endanger the life or physical safety of law
518-enforcement personnel or any other person; or
519-(vii) obstruct an ongoing criminal investigation
520-by the agency that is the recipient of the request.
521-(d-5) A law enforcement record created for law
522-enforcement purposes and contained in a shared electronic
523-record management system if the law enforcement agency
524-that is the recipient of the request did not create the
525-record, did not participate in or have a role in any of the
526-events which are the subject of the record, and only has
527-access to the record through the shared electronic record
528-management system.
529-(d-6) Records contained in the Officer Professional
530-Conduct Database under Section 9.2 of the Illinois Police
531-Training Act, except to the extent authorized under that
532-Section. This includes the documents supplied to the
533-Illinois Law Enforcement Training Standards Board from the
244+
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534246
535247
536-Illinois State Police and Illinois State Police Merit
537-Board.
538-(e) Records that relate to or affect the security of
539-correctional institutions and detention facilities.
540-(e-5) Records requested by persons committed to the
541-Department of Corrections, Department of Human Services
542-Division of Mental Health, or a county jail if those
543-materials are available in the library of the correctional
544-institution or facility or jail where the inmate is
545-confined.
546-(e-6) Records requested by persons committed to the
547-Department of Corrections, Department of Human Services
548-Division of Mental Health, or a county jail if those
549-materials include records from staff members' personnel
550-files, staff rosters, or other staffing assignment
551-information.
552-(e-7) Records requested by persons committed to the
553-Department of Corrections or Department of Human Services
554-Division of Mental Health if those materials are available
555-through an administrative request to the Department of
556-Corrections or Department of Human Services Division of
557-Mental Health.
558-(e-8) Records requested by a person committed to the
559-Department of Corrections, Department of Human Services
560-Division of Mental Health, or a county jail, the
561-disclosure of which would result in the risk of harm to any
248+SB1344 Enrolled- 8 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 8 - LRB103 28584 LNS 54965 b
249+ SB1344 Enrolled - 8 - LRB103 28584 LNS 54965 b
250+1 is made. Information prepared by or for the body in
251+2 preparation of a bid solicitation shall be exempt until an
252+3 award or final selection is made.
253+4 (i) Valuable formulae, computer geographic systems,
254+5 designs, drawings, and research data obtained or produced
255+6 by any public body when disclosure could reasonably be
256+7 expected to produce private gain or public loss. The
257+8 exemption for "computer geographic systems" provided in
258+9 this paragraph (i) does not extend to requests made by
259+10 news media as defined in Section 2 of this Act when the
260+11 requested information is not otherwise exempt and the only
261+12 purpose of the request is to access and disseminate
262+13 information regarding the health, safety, welfare, or
263+14 legal rights of the general public.
264+15 (j) The following information pertaining to
265+16 educational matters:
266+17 (i) test questions, scoring keys, and other
267+18 examination data used to administer an academic
268+19 examination;
269+20 (ii) information received by a primary or
270+21 secondary school, college, or university under its
271+22 procedures for the evaluation of faculty members by
272+23 their academic peers;
273+24 (iii) information concerning a school or
274+25 university's adjudication of student disciplinary
275+26 cases, but only to the extent that disclosure would
562276
563277
564-person or the risk of an escape from a jail or correctional
565-institution or facility.
566-(e-9) Records requested by a person in a county jail
567-or committed to the Department of Corrections or
568-Department of Human Services Division of Mental Health,
569-containing personal information pertaining to the person's
570-victim or the victim's family, including, but not limited
571-to, a victim's home address, home telephone number, work
572-or school address, work telephone number, social security
573-number, or any other identifying information, except as
574-may be relevant to a requester's current or potential case
575-or claim.
576-(e-10) Law enforcement records of other persons
577-requested by a person committed to the Department of
578-Corrections, Department of Human Services Division of
579-Mental Health, or a county jail, including, but not
580-limited to, arrest and booking records, mug shots, and
581-crime scene photographs, except as these records may be
582-relevant to the requester's current or potential case or
583-claim.
584-(f) Preliminary drafts, notes, recommendations,
585-memoranda, and other records in which opinions are
586-expressed, or policies or actions are formulated, except
587-that a specific record or relevant portion of a record
588-shall not be exempt when the record is publicly cited and
589-identified by the head of the public body. The exemption
590278
591279
592-provided in this paragraph (f) extends to all those
593-records of officers and agencies of the General Assembly
594-that pertain to the preparation of legislative documents.
595-(g) Trade secrets and commercial or financial
596-information obtained from a person or business where the
597-trade secrets or commercial or financial information are
598-furnished under a claim that they are proprietary,
599-privileged, or confidential, and that disclosure of the
600-trade secrets or commercial or financial information would
601-cause competitive harm to the person or business, and only
602-insofar as the claim directly applies to the records
603-requested.
604-The information included under this exemption includes
605-all trade secrets and commercial or financial information
606-obtained by a public body, including a public pension
607-fund, from a private equity fund or a privately held
608-company within the investment portfolio of a private
609-equity fund as a result of either investing or evaluating
610-a potential investment of public funds in a private equity
611-fund. The exemption contained in this item does not apply
612-to the aggregate financial performance information of a
613-private equity fund, nor to the identity of the fund's
614-managers or general partners. The exemption contained in
615-this item does not apply to the identity of a privately
616-held company within the investment portfolio of a private
617-equity fund, unless the disclosure of the identity of a
280+
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618282
619283
620-privately held company may cause competitive harm.
621-Nothing contained in this paragraph (g) shall be
622-construed to prevent a person or business from consenting
623-to disclosure.
624-(h) Proposals and bids for any contract, grant, or
625-agreement, including information which if it were
626-disclosed would frustrate procurement or give an advantage
627-to any person proposing to enter into a contractor
628-agreement with the body, until an award or final selection
629-is made. Information prepared by or for the body in
630-preparation of a bid solicitation shall be exempt until an
631-award or final selection is made.
632-(i) Valuable formulae, computer geographic systems,
633-designs, drawings, and research data obtained or produced
634-by any public body when disclosure could reasonably be
635-expected to produce private gain or public loss. The
636-exemption for "computer geographic systems" provided in
637-this paragraph (i) does not extend to requests made by
638-news media as defined in Section 2 of this Act when the
639-requested information is not otherwise exempt and the only
640-purpose of the request is to access and disseminate
641-information regarding the health, safety, welfare, or
642-legal rights of the general public.
643-(j) The following information pertaining to
644-educational matters:
645-(i) test questions, scoring keys, and other
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285+ SB1344 Enrolled - 9 - LRB103 28584 LNS 54965 b
286+1 unavoidably reveal the identity of the student; and
287+2 (iv) course materials or research materials used
288+3 by faculty members.
289+4 (k) Architects' plans, engineers' technical
290+5 submissions, and other construction related technical
291+6 documents for projects not constructed or developed in
292+7 whole or in part with public funds and the same for
293+8 projects constructed or developed with public funds,
294+9 including, but not limited to, power generating and
295+10 distribution stations and other transmission and
296+11 distribution facilities, water treatment facilities,
297+12 airport facilities, sport stadiums, convention centers,
298+13 and all government owned, operated, or occupied buildings,
299+14 but only to the extent that disclosure would compromise
300+15 security.
301+16 (l) Minutes of meetings of public bodies closed to the
302+17 public as provided in the Open Meetings Act until the
303+18 public body makes the minutes available to the public
304+19 under Section 2.06 of the Open Meetings Act.
305+20 (m) Communications between a public body and an
306+21 attorney or auditor representing the public body that
307+22 would not be subject to discovery in litigation, and
308+23 materials prepared or compiled by or for a public body in
309+24 anticipation of a criminal, civil, or administrative
310+25 proceeding upon the request of an attorney advising the
311+26 public body, and materials prepared or compiled with
646312
647313
648-examination data used to administer an academic
649-examination;
650-(ii) information received by a primary or
651-secondary school, college, or university under its
652-procedures for the evaluation of faculty members by
653-their academic peers;
654-(iii) information concerning a school or
655-university's adjudication of student disciplinary
656-cases, but only to the extent that disclosure would
657-unavoidably reveal the identity of the student; and
658-(iv) course materials or research materials used
659-by faculty members.
660-(k) Architects' plans, engineers' technical
661-submissions, and other construction related technical
662-documents for projects not constructed or developed in
663-whole or in part with public funds and the same for
664-projects constructed or developed with public funds,
665-including, but not limited to, power generating and
666-distribution stations and other transmission and
667-distribution facilities, water treatment facilities,
668-airport facilities, sport stadiums, convention centers,
669-and all government owned, operated, or occupied buildings,
670-but only to the extent that disclosure would compromise
671-security.
672-(l) Minutes of meetings of public bodies closed to the
673-public as provided in the Open Meetings Act until the
674314
675315
676-public body makes the minutes available to the public
677-under Section 2.06 of the Open Meetings Act.
678-(m) Communications between a public body and an
679-attorney or auditor representing the public body that
680-would not be subject to discovery in litigation, and
681-materials prepared or compiled by or for a public body in
682-anticipation of a criminal, civil, or administrative
683-proceeding upon the request of an attorney advising the
684-public body, and materials prepared or compiled with
685-respect to internal audits of public bodies.
686-(n) Records relating to a public body's adjudication
687-of employee grievances or disciplinary cases; however,
688-this exemption shall not extend to the final outcome of
689-cases in which discipline is imposed.
690-(o) Administrative or technical information associated
691-with automated data processing operations, including, but
692-not limited to, software, operating protocols, computer
693-program abstracts, file layouts, source listings, object
694-modules, load modules, user guides, documentation
695-pertaining to all logical and physical design of
696-computerized systems, employee manuals, and any other
697-information that, if disclosed, would jeopardize the
698-security of the system or its data or the security of
699-materials exempt under this Section.
700-(p) Records relating to collective negotiating matters
701-between public bodies and their employees or
316+
317+ SB1344 Enrolled - 9 - LRB103 28584 LNS 54965 b
702318
703319
704-representatives, except that any final contract or
705-agreement shall be subject to inspection and copying.
706-(q) Test questions, scoring keys, and other
707-examination data used to determine the qualifications of
708-an applicant for a license or employment.
709-(r) The records, documents, and information relating
710-to real estate purchase negotiations until those
711-negotiations have been completed or otherwise terminated.
712-With regard to a parcel involved in a pending or actually
713-and reasonably contemplated eminent domain proceeding
714-under the Eminent Domain Act, records, documents, and
715-information relating to that parcel shall be exempt except
716-as may be allowed under discovery rules adopted by the
717-Illinois Supreme Court. The records, documents, and
718-information relating to a real estate sale shall be exempt
719-until a sale is consummated.
720-(s) Any and all proprietary information and records
721-related to the operation of an intergovernmental risk
722-management association or self-insurance pool or jointly
723-self-administered health and accident cooperative or pool.
724-Insurance or self-insurance self insurance (including any
725-intergovernmental risk management association or
726-self-insurance self insurance pool) claims, loss or risk
727-management information, records, data, advice, or
728-communications.
729-(t) Information contained in or related to
320+SB1344 Enrolled- 10 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 10 - LRB103 28584 LNS 54965 b
321+ SB1344 Enrolled - 10 - LRB103 28584 LNS 54965 b
322+1 respect to internal audits of public bodies.
323+2 (n) Records relating to a public body's adjudication
324+3 of employee grievances or disciplinary cases; however,
325+4 this exemption shall not extend to the final outcome of
326+5 cases in which discipline is imposed.
327+6 (o) Administrative or technical information associated
328+7 with automated data processing operations, including, but
329+8 not limited to, software, operating protocols, computer
330+9 program abstracts, file layouts, source listings, object
331+10 modules, load modules, user guides, documentation
332+11 pertaining to all logical and physical design of
333+12 computerized systems, employee manuals, and any other
334+13 information that, if disclosed, would jeopardize the
335+14 security of the system or its data or the security of
336+15 materials exempt under this Section.
337+16 (p) Records relating to collective negotiating matters
338+17 between public bodies and their employees or
339+18 representatives, except that any final contract or
340+19 agreement shall be subject to inspection and copying.
341+20 (q) Test questions, scoring keys, and other
342+21 examination data used to determine the qualifications of
343+22 an applicant for a license or employment.
344+23 (r) The records, documents, and information relating
345+24 to real estate purchase negotiations until those
346+25 negotiations have been completed or otherwise terminated.
347+26 With regard to a parcel involved in a pending or actually
730348
731349
732-examination, operating, or condition reports prepared by,
733-on behalf of, or for the use of a public body responsible
734-for the regulation or supervision of financial
735-institutions, insurance companies, or pharmacy benefit
736-managers, unless disclosure is otherwise required by State
737-law.
738-(u) Information that would disclose or might lead to
739-the disclosure of secret or confidential information,
740-codes, algorithms, programs, or private keys intended to
741-be used to create electronic signatures under the Uniform
742-Electronic Transactions Act.
743-(v) Vulnerability assessments, security measures, and
744-response policies or plans that are designed to identify,
745-prevent, or respond to potential attacks upon a
746-community's population or systems, facilities, or
747-installations, but only to the extent that disclosure
748-could reasonably be expected to expose the vulnerability
749-or jeopardize the effectiveness of the measures, policies,
750-or plans, or the safety of the personnel who implement
751-them or the public. Information exempt under this item may
752-include such things as details pertaining to the
753-mobilization or deployment of personnel or equipment, to
754-the operation of communication systems or protocols, to
755-cybersecurity vulnerabilities, or to tactical operations.
756-(w) (Blank).
757-(x) Maps and other records regarding the location or
758350
759351
760-security of generation, transmission, distribution,
761-storage, gathering, treatment, or switching facilities
762-owned by a utility, by a power generator, or by the
763-Illinois Power Agency.
764-(y) Information contained in or related to proposals,
765-bids, or negotiations related to electric power
766-procurement under Section 1-75 of the Illinois Power
767-Agency Act and Section 16-111.5 of the Public Utilities
768-Act that is determined to be confidential and proprietary
769-by the Illinois Power Agency or by the Illinois Commerce
770-Commission.
771-(z) Information about students exempted from
772-disclosure under Section Sections 10-20.38 or 34-18.29 of
773-the School Code, and information about undergraduate
774-students enrolled at an institution of higher education
775-exempted from disclosure under Section 25 of the Illinois
776-Credit Card Marketing Act of 2009.
777-(aa) Information the disclosure of which is exempted
778-under the Viatical Settlements Act of 2009.
779-(bb) Records and information provided to a mortality
780-review team and records maintained by a mortality review
781-team appointed under the Department of Juvenile Justice
782-Mortality Review Team Act.
783-(cc) Information regarding interments, entombments, or
784-inurnments of human remains that are submitted to the
785-Cemetery Oversight Database under the Cemetery Care Act or
352+
353+ SB1344 Enrolled - 10 - LRB103 28584 LNS 54965 b
786354
787355
788-the Cemetery Oversight Act, whichever is applicable.
789-(dd) Correspondence and records (i) that may not be
790-disclosed under Section 11-9 of the Illinois Public Aid
791-Code or (ii) that pertain to appeals under Section 11-8 of
792-the Illinois Public Aid Code.
793-(ee) The names, addresses, or other personal
794-information of persons who are minors and are also
795-participants and registrants in programs of park
796-districts, forest preserve districts, conservation
797-districts, recreation agencies, and special recreation
798-associations.
799-(ff) The names, addresses, or other personal
800-information of participants and registrants in programs of
801-park districts, forest preserve districts, conservation
802-districts, recreation agencies, and special recreation
803-associations where such programs are targeted primarily to
804-minors.
805-(gg) Confidential information described in Section
806-1-100 of the Illinois Independent Tax Tribunal Act of
807-2012.
808-(hh) The report submitted to the State Board of
809-Education by the School Security and Standards Task Force
810-under item (8) of subsection (d) of Section 2-3.160 of the
811-School Code and any information contained in that report.
812-(ii) Records requested by persons committed to or
813-detained by the Department of Human Services under the
356+SB1344 Enrolled- 11 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 11 - LRB103 28584 LNS 54965 b
357+ SB1344 Enrolled - 11 - LRB103 28584 LNS 54965 b
358+1 and reasonably contemplated eminent domain proceeding
359+2 under the Eminent Domain Act, records, documents, and
360+3 information relating to that parcel shall be exempt except
361+4 as may be allowed under discovery rules adopted by the
362+5 Illinois Supreme Court. The records, documents, and
363+6 information relating to a real estate sale shall be exempt
364+7 until a sale is consummated.
365+8 (s) Any and all proprietary information and records
366+9 related to the operation of an intergovernmental risk
367+10 management association or self-insurance pool or jointly
368+11 self-administered health and accident cooperative or pool.
369+12 Insurance or self-insurance self insurance (including any
370+13 intergovernmental risk management association or
371+14 self-insurance self insurance pool) claims, loss or risk
372+15 management information, records, data, advice, or
373+16 communications.
374+17 (t) Information contained in or related to
375+18 examination, operating, or condition reports prepared by,
376+19 on behalf of, or for the use of a public body responsible
377+20 for the regulation or supervision of financial
378+21 institutions, insurance companies, or pharmacy benefit
379+22 managers, unless disclosure is otherwise required by State
380+23 law.
381+24 (u) Information that would disclose or might lead to
382+25 the disclosure of secret or confidential information,
383+26 codes, algorithms, programs, or private keys intended to
814384
815385
816-Sexually Violent Persons Commitment Act or committed to
817-the Department of Corrections under the Sexually Dangerous
818-Persons Act if those materials: (i) are available in the
819-library of the facility where the individual is confined;
820-(ii) include records from staff members' personnel files,
821-staff rosters, or other staffing assignment information;
822-or (iii) are available through an administrative request
823-to the Department of Human Services or the Department of
824-Corrections.
825-(jj) Confidential information described in Section
826-5-535 of the Civil Administrative Code of Illinois.
827-(kk) The public body's credit card numbers, debit card
828-numbers, bank account numbers, Federal Employer
829-Identification Number, security code numbers, passwords,
830-and similar account information, the disclosure of which
831-could result in identity theft or impression or defrauding
832-of a governmental entity or a person.
833-(ll) Records concerning the work of the threat
834-assessment team of a school district, including, but not
835-limited to, any threat assessment procedure under the
836-School Safety Drill Act and any information contained in
837-the procedure.
838-(mm) Information prohibited from being disclosed under
839-subsections (a) and (b) of Section 15 of the Student
840-Confidential Reporting Act.
841-(nn) (mm) Proprietary information submitted to the
842386
843387
844-Environmental Protection Agency under the Drug Take-Back
845-Act.
846-(oo) (mm) Records described in subsection (f) of
847-Section 3-5-1 of the Unified Code of Corrections.
848-(pp) Reports described in subsection (e) of Section
849-16-15 of the Abortion Care Clinical Training Program Act.
850-(1.5) Any information exempt from disclosure under the
851-Judicial Privacy Act shall be redacted from public records
852-prior to disclosure under this Act.
853-(2) A public record that is not in the possession of a
854-public body but is in the possession of a party with whom the
855-agency has contracted to perform a governmental function on
856-behalf of the public body, and that directly relates to the
857-governmental function and is not otherwise exempt under this
858-Act, shall be considered a public record of the public body,
859-for purposes of this Act.
860-(3) This Section does not authorize withholding of
861-information or limit the availability of records to the
862-public, except as stated in this Section or otherwise provided
863-in this Act.
864-(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
865-101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
866-6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
867-eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
868-102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
869-6-10-22; revised 12-13-22.)
388+
389+ SB1344 Enrolled - 11 - LRB103 28584 LNS 54965 b
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871391
872-Section 5. The Illinois Insurance Code is amended by
873-changing Section 356z.60 as follows:
874-(215 ILCS 5/356z.60)
875-Sec. 356z.60. Coverage for abortifacients, hormonal
876-therapy, and human immunodeficiency virus pre-exposure
877-prophylaxis and post-exposure prophylaxis.
878-(a) As used in this Section:
879-"Abortifacients" means any medication administered to
880-terminate a pregnancy as prescribed or ordered by a health
881-care professional.
882-"Health care professional" means a physician licensed to
883-practice medicine in all of its branches, licensed advanced
884-practice registered nurse, or physician assistant.
885-"Hormonal therapy medication" means hormonal treatment
886-administered to treat gender dysphoria.
887-"Therapeutic equivalent version" means drugs, devices, or
888-products that can be expected to have the same clinical effect
889-and safety profile when administered to patients under the
890-conditions specified in the labeling and that satisfy the
891-following general criteria:
892-(1) it is approved as safe and effective;
893-(2) it is a pharmaceutical equivalent in that it:
894-(A) contains identical amounts of the same active
895-drug ingredient in the same dosage form and route of
392+SB1344 Enrolled- 12 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 12 - LRB103 28584 LNS 54965 b
393+ SB1344 Enrolled - 12 - LRB103 28584 LNS 54965 b
394+1 be used to create electronic signatures under the Uniform
395+2 Electronic Transactions Act.
396+3 (v) Vulnerability assessments, security measures, and
397+4 response policies or plans that are designed to identify,
398+5 prevent, or respond to potential attacks upon a
399+6 community's population or systems, facilities, or
400+7 installations, but only to the extent that disclosure
401+8 could reasonably be expected to expose the vulnerability
402+9 or jeopardize the effectiveness of the measures, policies,
403+10 or plans, or the safety of the personnel who implement
404+11 them or the public. Information exempt under this item may
405+12 include such things as details pertaining to the
406+13 mobilization or deployment of personnel or equipment, to
407+14 the operation of communication systems or protocols, to
408+15 cybersecurity vulnerabilities, or to tactical operations.
409+16 (w) (Blank).
410+17 (x) Maps and other records regarding the location or
411+18 security of generation, transmission, distribution,
412+19 storage, gathering, treatment, or switching facilities
413+20 owned by a utility, by a power generator, or by the
414+21 Illinois Power Agency.
415+22 (y) Information contained in or related to proposals,
416+23 bids, or negotiations related to electric power
417+24 procurement under Section 1-75 of the Illinois Power
418+25 Agency Act and Section 16-111.5 of the Public Utilities
419+26 Act that is determined to be confidential and proprietary
896420
897421
898-administration; and
899-(B) meets compendial or other applicable standards
900-of strength, quality, purity, and identity;
901-(3) it is bioequivalent in that:
902-(A) it does not present a known or potential
903-bioequivalence problem and it meets an acceptable in
904-vitro standard; or
905-(B) if it does present such a known or potential
906-problem, it is shown to meet an appropriate
907-bioequivalence standard;
908-(4) it is adequately labeled; and
909-(5) it is manufactured in compliance with Current Good
910-Manufacturing Practice regulations adopted by the United
911-States Food and Drug Administration.
912-(b) An individual or group policy of accident and health
913-insurance amended, delivered, issued, or renewed in this State
914-on or after January 1, 2024 shall provide coverage for all
915-abortifacients, hormonal therapy medication, human
916-immunodeficiency virus pre-exposure prophylaxis, and
917-post-exposure prophylaxis drugs approved by the United States
918-Food and Drug Administration, and follow-up services related
919-to that coverage, including, but not limited to, management of
920-side effects, medication self-management or adherence
921-counseling, risk reduction strategies, and mental health
922-counseling. This coverage shall include drugs approved by the
923-United States Food and Drug Administration that are prescribed
924422
925423
926-or ordered for off-label use for the purposes described in
927-this Section.
928-(c) The coverage required under subsection (b) is subject
929-to the following conditions:
930-(1) If the United States Food and Drug Administration
931-has approved one or more therapeutic equivalent versions
932-of an abortifacient drug, a policy is not required to
933-include all such therapeutic equivalent versions in its
934-formulary so long as at least one is included and covered
935-without cost sharing and in accordance with this Section.
936-(2) If an individual's attending provider recommends a
937-particular drug approved by the United States Food and
938-Drug Administration based on a determination of medical
939-necessity with respect to that individual, the plan or
940-issuer must defer to the determination of the attending
941-provider and must cover that service or item without cost
942-sharing.
943-(3) If a drug is not covered, plans and issuers must
944-have an easily accessible, transparent, and sufficiently
945-expedient process that is not unduly burdensome on the
946-individual or a provider or other individual acting as a
947-patient's authorized representative to ensure coverage
948-without cost sharing.
949-The conditions listed under this subsection (c) also apply
950-to drugs prescribed for off-label use as abortifacients.
951-(d) Except as otherwise provided in this Section, a policy
424+
425+ SB1344 Enrolled - 12 - LRB103 28584 LNS 54965 b
952426
953427
954-subject to this Section shall not impose a deductible,
955-coinsurance, copayment, or any other cost-sharing requirement
956-on the coverage provided. The provisions of this subsection do
957-not apply to coverage of procedures to the extent such
958-coverage would disqualify a high-deductible health plan from
959-eligibility for a health savings account pursuant to the
960-federal Internal Revenue Code, 26 U.S.C. 223.
961-(e) Except as otherwise authorized under this Section, a
962-policy shall not impose any restrictions or delays on the
963-coverage required under this Section.
964-(f) The coverage requirements in this Section for
965-abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),
966-apply to a multistate plan that does not provide coverage for
967-abortion.
968-(g) If the Department concludes that enforcement of any
969-coverage requirement of this Section for abortifacients may
970-adversely affect the allocation of federal funds to this
971-State, the Department may grant an exemption to that
972-requirement, but only to the minimum extent necessary to
973-ensure the continued receipt of federal funds.
974-(Source: P.A. 102-1117, eff. 1-13-23.)
975-Section 10. The Nurse Practice Act is amended by changing
976-Sections 65-11 and 65-11.5 as follows:
977-(225 ILCS 65/65-11)
428+SB1344 Enrolled- 13 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 13 - LRB103 28584 LNS 54965 b
429+ SB1344 Enrolled - 13 - LRB103 28584 LNS 54965 b
430+1 by the Illinois Power Agency or by the Illinois Commerce
431+2 Commission.
432+3 (z) Information about students exempted from
433+4 disclosure under Section Sections 10-20.38 or 34-18.29 of
434+5 the School Code, and information about undergraduate
435+6 students enrolled at an institution of higher education
436+7 exempted from disclosure under Section 25 of the Illinois
437+8 Credit Card Marketing Act of 2009.
438+9 (aa) Information the disclosure of which is exempted
439+10 under the Viatical Settlements Act of 2009.
440+11 (bb) Records and information provided to a mortality
441+12 review team and records maintained by a mortality review
442+13 team appointed under the Department of Juvenile Justice
443+14 Mortality Review Team Act.
444+15 (cc) Information regarding interments, entombments, or
445+16 inurnments of human remains that are submitted to the
446+17 Cemetery Oversight Database under the Cemetery Care Act or
447+18 the Cemetery Oversight Act, whichever is applicable.
448+19 (dd) Correspondence and records (i) that may not be
449+20 disclosed under Section 11-9 of the Illinois Public Aid
450+21 Code or (ii) that pertain to appeals under Section 11-8 of
451+22 the Illinois Public Aid Code.
452+23 (ee) The names, addresses, or other personal
453+24 information of persons who are minors and are also
454+25 participants and registrants in programs of park
455+26 districts, forest preserve districts, conservation
978456
979457
980-Sec. 65-11. Temporary permit for advanced practice
981-registered nurses for health care.
982-(a) The Department may issue a temporary permit to an
983-applicant who is licensed to practice as an advanced practice
984-registered nurse in another state. The temporary permit will
985-authorize the practice of providing health care to patients in
986-this State, with a collaborating physician in this State, if
987-all of the following apply:
988-(1) The Department determines that the applicant's
989-services will improve the welfare of Illinois residents
990-and non-residents requiring health care services.
991-(2) The applicant has obtained a graduate degree
992-appropriate for national certification in a clinical
993-advanced practice registered nursing specialty or a
994-graduate degree or post-master's certificate from a
995-graduate level program in a clinical advanced practice
996-registered nursing specialty; the applicant has submitted
997-verification of licensure status in good standing in the
998-applicant's current state or territory of licensure; and
999-the applicant can furnish the Department with a certified
1000-letter upon request from that jurisdiction attesting to
1001-the fact that the applicant has no pending action or
1002-violations against the applicant's license.
1003-The Department will not consider an advanced practice
1004-registered nurse's license being revoked or otherwise
1005-disciplined by any state or territory based solely on the
1006458
1007459
1008-advanced practice registered nurse providing, authorizing,
1009-recommending, aiding, assisting, referring for, or
1010-otherwise participating in any health care service that is
1011-unlawful or prohibited in that state or territory, if the
1012-provision of, authorization of, or participation in that
1013-health care, medical service, or procedure related to any
1014-health care service is not unlawful or prohibited in this
1015-State.
1016-(3) The applicant has sufficient training and
1017-possesses the appropriate core competencies to provide
1018-health care services, and is physically, mentally, and
1019-professionally capable of practicing as an advanced
1020-practice registered nurse with reasonable judgment, skill,
1021-and safety and in accordance with applicable standards of
1022-care.
1023-(4) The applicant has met the written collaborative
1024-agreement requirements under Section 65-35.
1025-(5) The applicant will be working pursuant to an
1026-agreement with a sponsoring licensed hospital, medical
1027-office, clinic, or other medical facility providing health
1028-care services. Such agreement shall be executed by an
1029-authorized representative of the licensed hospital,
1030-medical office, clinic, or other medical facility,
1031-certifying that the advanced practice registered nurse
1032-holds an active license and is in good standing in the
1033-state in which they are licensed. If an applicant for a
460+
461+ SB1344 Enrolled - 13 - LRB103 28584 LNS 54965 b
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1035463
1036-temporary permit has been previously disciplined by
1037-another jurisdiction, except as described in paragraph (2)
1038-of subsection (a), further review may be conducted
1039-pursuant to the Civil Administrative Code of Illinois and
1040-this Act. The application shall include the advanced
1041-practice registered nurse's name, contact information,
1042-state of licensure, and license number.
1043-(6) Payment of a $75 fee.
1044-The sponsoring licensed hospital, medical office, clinic,
1045-or other medical facility engaged in the agreement with the
1046-applicant shall notify the Department should the applicant at
1047-any point leave or become separate from the sponsor.
1048-The Department may adopt rules to carry out this Section.
1049-(b) A temporary permit under this Section shall expire 2
1050-years after the date of issuance. The temporary permit may be
1051-renewed for a $45 fee for an additional 2 years. A holder of a
1052-temporary permit may only renew one time.
1053-(c) The temporary permit shall only permit the holder to
1054-practice as an advanced practice registered nurse with a
1055-collaborating physician who provides health care services at
1056-the location or locations specified on the permit or via
1057-telehealth.
1058-(d) An application for the temporary permit shall be made
1059-to the Department, in writing, on forms prescribed by the
1060-Department, and shall be accompanied by a non-refundable fee
1061-of $75. The Department shall grant or deny an applicant a
464+SB1344 Enrolled- 14 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 14 - LRB103 28584 LNS 54965 b
465+ SB1344 Enrolled - 14 - LRB103 28584 LNS 54965 b
466+1 districts, recreation agencies, and special recreation
467+2 associations.
468+3 (ff) The names, addresses, or other personal
469+4 information of participants and registrants in programs of
470+5 park districts, forest preserve districts, conservation
471+6 districts, recreation agencies, and special recreation
472+7 associations where such programs are targeted primarily to
473+8 minors.
474+9 (gg) Confidential information described in Section
475+10 1-100 of the Illinois Independent Tax Tribunal Act of
476+11 2012.
477+12 (hh) The report submitted to the State Board of
478+13 Education by the School Security and Standards Task Force
479+14 under item (8) of subsection (d) of Section 2-3.160 of the
480+15 School Code and any information contained in that report.
481+16 (ii) Records requested by persons committed to or
482+17 detained by the Department of Human Services under the
483+18 Sexually Violent Persons Commitment Act or committed to
484+19 the Department of Corrections under the Sexually Dangerous
485+20 Persons Act if those materials: (i) are available in the
486+21 library of the facility where the individual is confined;
487+22 (ii) include records from staff members' personnel files,
488+23 staff rosters, or other staffing assignment information;
489+24 or (iii) are available through an administrative request
490+25 to the Department of Human Services or the Department of
491+26 Corrections.
1062492
1063493
1064-temporary permit within 60 days of receipt of a completed
1065-application. The Department shall notify the applicant of any
1066-deficiencies in the applicant's application materials
1067-requiring corrections in a timely manner.
1068-(e) An applicant for temporary permit may be requested to
1069-appear before the Board to respond to questions concerning the
1070-applicant's qualifications to receive the permit. An
1071-applicant's refusal to appear before the Board of Nursing may
1072-be grounds for denial of the application by the Department.
1073-(f) The Secretary may summarily cancel any temporary
1074-permit issued pursuant to this Section, without a hearing, if
1075-the Secretary finds that evidence in his or her possession
1076-indicates that a permit holder's continuation in practice
1077-would constitute an imminent danger to the public or violate
1078-any provision of this Act or its rules.
1079-If the Secretary summarily cancels a temporary permit
1080-issued pursuant to this Section or Act, the permit holder may
1081-petition the Department for a hearing in accordance with the
1082-provisions of Section 70-125 to restore his or her permit,
1083-unless the permit holder has exceeded his or her renewal
1084-limit.
1085-(g) In addition to terminating any temporary permit issued
1086-pursuant to this Section or Act, the Department may issue a
1087-monetary penalty not to exceed $10,000 upon the temporary
1088-permit holder and may notify any state in which the temporary
1089-permit holder has been issued a permit that his or her Illinois
1090494
1091495
1092-permit has been terminated and the reasons for the
1093-termination. The monetary penalty shall be paid within 60 days
1094-after the effective date of the order imposing the penalty.
1095-The order shall constitute a judgment and may be filed, and
1096-execution had thereon in the same manner as any judgment from
1097-any court of record. It is the intent of the General Assembly
1098-that a permit issued pursuant to this Section shall be
1099-considered a privilege and not a property right.
1100-(h) While working in Illinois, all temporary permit
1101-holders are subject to all statutory and regulatory
1102-requirements of this Act in the same manner as a licensee.
1103-Failure to adhere to all statutory and regulatory requirements
1104-may result in revocation or other discipline of the temporary
1105-permit.
1106-(i) If the Department becomes aware of a violation
1107-occurring at the facility licensed by the Department of Public
1108-Health, licensed hospital, medical office, clinic, or other
1109-medical facility, or via telehealth service, the Department
1110-shall notify the Department of Public Health.
1111-(j) The Department may adopt emergency rules pursuant to
1112-this Section. The General Assembly finds that the adoption of
1113-rules to implement a temporary permit for health care services
1114-is deemed an emergency and necessary for the public interest,
1115-safety, and welfare.
1116-(Source: P.A. 102-1117, eff. 1-13-23.)
496+
497+ SB1344 Enrolled - 14 - LRB103 28584 LNS 54965 b
1117498
1118499
1119-(225 ILCS 65/65-11.5)
1120-Sec. 65-11.5. Temporary permit for full practice advanced
1121-practice registered nurses for health care.
1122-(a) The Department may issue a full practice advanced
1123-practice registered nurse temporary permit to an applicant who
1124-is licensed to practice as an advanced practice registered
1125-nurse in another state. The temporary permit will authorize
1126-the practice of providing health care to patients in this
1127-State if all of the following apply:
1128-(1) The Department determines that the applicant's
1129-services will improve the welfare of Illinois residents
1130-and non-residents requiring health care services.
1131-(2) The applicant has obtained a graduate degree
1132-appropriate for national certification in a clinical
1133-advanced practice registered nursing specialty or a
1134-graduate degree or post-master's certificate from a
1135-graduate level program in a clinical advanced practice
1136-registered nursing specialty; the applicant is certified
1137-as a nurse practitioner, nurse midwife, or clinical nurse
1138-specialist; the applicant has submitted verification of
1139-licensure status in good standing in the applicant's
1140-current state or territory of licensure; and the applicant
1141-can furnish the Department with a certified letter upon
1142-request from that jurisdiction attesting to the fact that
1143-the applicant has no pending action or violations against
1144-the applicant's license.
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501+ SB1344 Enrolled - 15 - LRB103 28584 LNS 54965 b
502+1 (jj) Confidential information described in Section
503+2 5-535 of the Civil Administrative Code of Illinois.
504+3 (kk) The public body's credit card numbers, debit card
505+4 numbers, bank account numbers, Federal Employer
506+5 Identification Number, security code numbers, passwords,
507+6 and similar account information, the disclosure of which
508+7 could result in identity theft or impression or defrauding
509+8 of a governmental entity or a person.
510+9 (ll) Records concerning the work of the threat
511+10 assessment team of a school district, including, but not
512+11 limited to, any threat assessment procedure under the
513+12 School Safety Drill Act and any information contained in
514+13 the procedure.
515+14 (mm) Information prohibited from being disclosed under
516+15 subsections (a) and (b) of Section 15 of the Student
517+16 Confidential Reporting Act.
518+17 (nn) (mm) Proprietary information submitted to the
519+18 Environmental Protection Agency under the Drug Take-Back
520+19 Act.
521+20 (oo) (mm) Records described in subsection (f) of
522+21 Section 3-5-1 of the Unified Code of Corrections.
523+22 (pp) Reports described in subsection (e) of Section
524+23 16-15 of the Abortion Care Clinical Training Program Act.
525+24 (1.5) Any information exempt from disclosure under the
526+25 Judicial Privacy Act shall be redacted from public records
527+26 prior to disclosure under this Act.
1145528
1146529
1147-The Department shall not consider an advanced practice
1148-registered nurse's license being revoked or otherwise
1149-disciplined by any state or territory for the provision
1150-of, authorization of, or participation in any health care,
1151-medical service, or procedure related to an abortion on
1152-the basis that such health care, medical service, or
1153-procedure related to an abortion is unlawful or prohibited
1154-in that state or territory, if the provision of,
1155-authorization of, or participation in that health care,
1156-medical service, or procedure related to an abortion is
1157-not unlawful or prohibited in this State.
1158-(3) The applicant has sufficient training and
1159-possesses the appropriate core competencies to provide
1160-health care services, and is physically, mentally, and
1161-professionally capable of practicing as an advanced
1162-practice registered nurse with reasonable judgment, skill,
1163-and safety and in accordance with applicable standards of
1164-care.
1165-(4) The applicant will be working pursuant to an
1166-agreement with a sponsoring licensed hospital, medical
1167-office, clinic, or other medical facility providing health
1168-care services. Such agreement shall be executed by an
1169-authorized representative of the licensed hospital,
1170-medical office, clinic, or other medical facility,
1171-certifying that the advanced practice registered nurse
1172-holds an active license and is in good standing in the
1173530
1174531
1175-state in which they are licensed. If an applicant for a
1176-temporary permit has been previously disciplined by
1177-another jurisdiction, except as described in paragraph (2)
1178-of subsection (a), further review may be conducted
1179-pursuant to the Civil Administrative Code of Illinois and
1180-this Act. The application shall include the advanced
1181-practice registered nurse's name, contact information,
1182-state of licensure, and license number.
1183-(5) Payment of a $75 fee.
1184-The sponsoring licensed hospital, medical office, clinic,
1185-or other medical facility engaged in the agreement with the
1186-applicant shall notify the Department should the applicant at
1187-any point leave or become separate from the sponsor.
1188-The Department may adopt rules to carry out this Section.
1189-(b) A temporary permit under this Section shall expire 2
1190-years after the date of issuance. The temporary permit may be
1191-renewed for a $45 fee for an additional 2 years. A holder of a
1192-temporary permit may only renew one time.
1193-(c) The temporary permit shall only permit the holder to
1194-practice as a full practice advanced practice registered nurse
1195-within the scope of providing health care services at the
1196-location or locations specified on the permit or via
1197-telehealth service.
1198-(d) An application for the temporary permit shall be made
1199-to the Department, in writing, on forms prescribed by the
1200-Department, and shall be accompanied by a non-refundable fee
532+
533+ SB1344 Enrolled - 15 - LRB103 28584 LNS 54965 b
1201534
1202535
1203-of $75.
1204-(e) An applicant for temporary permit may be requested to
1205-appear before the Board to respond to questions concerning the
1206-applicant's qualifications to receive the permit. An
1207-applicant's refusal to appear before the Board of Nursing may
1208-be grounds for denial of the application by the Department.
1209-(f) The Secretary may summarily cancel any temporary
1210-permit issued pursuant to this Section, without a hearing, if
1211-the Secretary finds that evidence in his or her possession
1212-indicates that a permit holder's continuation in practice
1213-would constitute an imminent danger to the public or violate
1214-any provision of this Act or its rules.
1215-If the Secretary summarily cancels a temporary permit
1216-issued pursuant to this Section or Act, the permit holder may
1217-petition the Department for a hearing in accordance with the
1218-provisions of Section 70-125 of this Act to restore his or her
1219-permit, unless the permit holder has exceeded his or her
1220-renewal limit.
1221-(g) In addition to terminating any temporary permit issued
1222-pursuant to this Section or Act, the Department may issue a
1223-monetary penalty not to exceed $10,000 upon the temporary
1224-permit holder and may notify any state in which the temporary
1225-permit holder has been issued a permit that his or her Illinois
1226-permit has been terminated and the reasons for the
1227-termination. The monetary penalty shall be paid within 60 days
1228-after the effective date of the order imposing the penalty.
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537+ SB1344 Enrolled - 16 - LRB103 28584 LNS 54965 b
538+1 (2) A public record that is not in the possession of a
539+2 public body but is in the possession of a party with whom the
540+3 agency has contracted to perform a governmental function on
541+4 behalf of the public body, and that directly relates to the
542+5 governmental function and is not otherwise exempt under this
543+6 Act, shall be considered a public record of the public body,
544+7 for purposes of this Act.
545+8 (3) This Section does not authorize withholding of
546+9 information or limit the availability of records to the
547+10 public, except as stated in this Section or otherwise provided
548+11 in this Act.
549+12 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
550+13 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
551+14 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
552+15 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
553+16 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
554+17 12-13-22.)
555+18 (Text of Section after amendment by P.A. 102-982)
556+19 Sec. 7. Exemptions.
557+20 (1) When a request is made to inspect or copy a public
558+21 record that contains information that is exempt from
559+22 disclosure under this Section, but also contains information
560+23 that is not exempt from disclosure, the public body may elect
561+24 to redact the information that is exempt. The public body
562+25 shall make the remaining information available for inspection
1229563
1230564
1231-The order shall constitute a judgment and may be filed, and
1232-execution had thereon in the same manner as any judgment from
1233-any court of record. It is the intent of the General Assembly
1234-that a permit issued pursuant to this Section shall be
1235-considered a privilege and not a property right.
1236-(h) While working in Illinois, all temporary permit
1237-holders are subject to all statutory and regulatory
1238-requirements of this Act in the same manner as a licensee.
1239-Failure to adhere to all statutory and regulatory requirements
1240-may result in revocation or other discipline of the temporary
1241-permit.
1242-(i) If the Department becomes aware of a violation
1243-occurring at the facility licensed by the Department of Public
1244-Health, licensed hospital, medical office, clinic, or other
1245-medical facility, or via telehealth service, the Department
1246-shall notify the Department of Public Health.
1247-(j) The Department may adopt emergency rules pursuant to
1248-this Section. The General Assembly finds that the adoption of
1249-rules to implement a temporary permit for health care services
1250-is deemed an emergency and necessary for the public interest,
1251-safety, and welfare.
1252-(Source: P.A. 102-1117, eff. 1-13-23.)
1253-Section 15. The Pharmacy Practice Act is amended by
1254-changing Section 43.5 as follows:
1255565
1256566
1257-(225 ILCS 85/43.5)
1258-(Section scheduled to be repealed on January 1, 2028)
1259-Sec. 43.5. HIV prophylaxis. In accordance with a standing
1260-order by a physician licensed to practice medicine in all its
1261-branches or the medical director of a county or local health
1262-department or a standing order by the Department of Public
1263-Health, a pharmacist may provide patients with prophylaxis
1264-drugs for human immunodeficiency virus pre-exposure
1265-prophylaxis or post-exposure prophylaxis.
1266-A pharmacist may provide initial assessment and dispensing
1267-of prophylaxis drugs for human immunodeficiency virus
1268-pre-exposure prophylaxis or post-exposure prophylaxis. If a
1269-patient's HIV test results are reactive, the pharmacist shall
1270-refer the patient to an appropriate health care professional
1271-or clinic. If the patient's HIV test results are nonreactive,
1272-the pharmacist may initiate human immunodeficiency virus
1273-pre-exposure prophylaxis or post-exposure prophylaxis to
1274-eligible patients.
1275-The standing order must be consistent with the current
1276-version of the guidelines of the Centers for Disease Control
1277-and Prevention, guidelines of the United States Preventive
1278-Services Task Force, or generally recognized evidence-based
1279-clinical guidelines.
1280-A pharmacist must communicate the services provided under
1281-this Section to the patient and the patient's primary health
1282-care provider or other health care professional or clinic, if
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568+ SB1344 Enrolled - 16 - LRB103 28584 LNS 54965 b
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1284570
1285-known. If there is no primary health care provider provided by
1286-the patient, then the pharmacist shall give the patient a list
1287-of primary health care providers, other health care
1288-professionals, and clinics in the area.
1289-The services provided under this Section shall be
1290-appropriately documented and retained in a confidential manner
1291-consistent with State HIV confidentiality requirements.
1292-The services provided under this Section shall take place
1293-in a private manner.
1294-A pharmacist shall complete an educational training
1295-program accredited by the Accreditation Council for Pharmacy
1296-Education and approved by the Department that is related to
1297-the initiation, dispensing, or administration of drugs,
1298-laboratory tests, assessments, referrals, and consultations
1299-for human immunodeficiency virus pre-exposure prophylaxis and
1300-human immunodeficiency virus post-exposure prophylaxis.
1301-(Source: P.A. 102-1051, eff. 1-1-23.)
1302-Section 20. The Physician Assistant Practice Act of 1987
1303-is amended by changing Section 9.7 as follows:
1304-(225 ILCS 95/9.7)
1305-Sec. 9.7. Temporary permit for health care.
1306-(a) The Department may issue a temporary permit to an
1307-applicant who is licensed to practice as a physician assistant
1308-in another state. The temporary permit will authorize the
571+SB1344 Enrolled- 17 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 17 - LRB103 28584 LNS 54965 b
572+ SB1344 Enrolled - 17 - LRB103 28584 LNS 54965 b
573+1 and copying. Subject to this requirement, the following shall
574+2 be exempt from inspection and copying:
575+3 (a) Information specifically prohibited from
576+4 disclosure by federal or State law or rules and
577+5 regulations implementing federal or State law.
578+6 (b) Private information, unless disclosure is required
579+7 by another provision of this Act, a State or federal law,
580+8 or a court order.
581+9 (b-5) Files, documents, and other data or databases
582+10 maintained by one or more law enforcement agencies and
583+11 specifically designed to provide information to one or
584+12 more law enforcement agencies regarding the physical or
585+13 mental status of one or more individual subjects.
586+14 (c) Personal information contained within public
587+15 records, the disclosure of which would constitute a
588+16 clearly unwarranted invasion of personal privacy, unless
589+17 the disclosure is consented to in writing by the
590+18 individual subjects of the information. "Unwarranted
591+19 invasion of personal privacy" means the disclosure of
592+20 information that is highly personal or objectionable to a
593+21 reasonable person and in which the subject's right to
594+22 privacy outweighs any legitimate public interest in
595+23 obtaining the information. The disclosure of information
596+24 that bears on the public duties of public employees and
597+25 officials shall not be considered an invasion of personal
598+26 privacy.
1309599
1310600
1311-practice of providing health care to patients in this State,
1312-with a collaborating physician in this State, if all of the
1313-following apply:
1314-(1) The Department determines that the applicant's
1315-services will improve the welfare of Illinois residents
1316-and non-residents requiring health care services.
1317-(2) The applicant has obtained certification by the
1318-National Commission on Certification of Physician
1319-Assistants or its successor agency; the applicant has
1320-submitted verification of licensure status in good
1321-standing in the applicant's current state or territory of
1322-licensure; and the applicant can furnish the Department
1323-with a certified letter upon request from that
1324-jurisdiction attesting to the fact that the applicant has
1325-no pending action or violations against the applicant's
1326-license.
1327-The Department will not consider a physician
1328-assistant's license being revoked or otherwise disciplined
1329-by any state or territory based solely on the physician
1330-providing, authorizing, recommending, aiding, assisting,
1331-referring for, or otherwise participating in any health
1332-care service that is unlawful or prohibited in that state
1333-or territory, if the provision of, authorization of, or
1334-participation in that health care service, medical
1335-service, or procedure related to any health care service
1336-is not unlawful or prohibited in this State.
1337601
1338602
1339-(3) The applicant has sufficient training and
1340-possesses the appropriate core competencies to provide
1341-health care services, and is physically, mentally, and
1342-professionally capable of practicing as a physician
1343-assistant with reasonable judgment, skill, and safety and
1344-in accordance with applicable standards of care.
1345-(4) The applicant has met the written collaborative
1346-agreement requirements under subsection (a) of Section
1347-7.5.
1348-(5) The applicant will be working pursuant to an
1349-agreement with a sponsoring licensed hospital, medical
1350-office, clinic, or other medical facility providing health
1351-care services. Such agreement shall be executed by an
1352-authorized representative of the licensed hospital,
1353-medical office, clinic, or other medical facility,
1354-certifying that the physician assistant holds an active
1355-license and is in good standing in the state in which they
1356-are licensed. If an applicant for a temporary permit has
1357-been previously disciplined by another jurisdiction,
1358-except as described in paragraph (2) of subsection (a),
1359-further review may be conducted pursuant to the Civil
1360-Administrative Code of Illinois and this Act. The
1361-application shall include the physician assistant's name,
1362-contact information, state of licensure, and license
1363-number.
1364-(6) Payment of a $75 fee.
603+
604+ SB1344 Enrolled - 17 - LRB103 28584 LNS 54965 b
1365605
1366606
1367-The sponsoring licensed hospital, medical office, clinic,
1368-or other medical facility engaged in the agreement with the
1369-applicant shall notify the Department should the applicant at
1370-any point leave or become separate from the sponsor.
1371-The Department may adopt rules to carry out this Section.
1372-(b) A temporary permit under this Section shall expire 2
1373-years after the date of issuance. The temporary permit may be
1374-renewed for a $45 fee for an additional 2 years. A holder of a
1375-temporary permit may only renew one time.
1376-(c) The temporary permit shall only permit the holder to
1377-practice as a physician assistant with a collaborating
1378-physician who provides health care services with the sponsor
1379-specified on the permit.
1380-(d) An application for the temporary permit shall be made
1381-to the Department, in writing, on forms prescribed by the
1382-Department, and shall be accompanied by a non-refundable fee
1383-of $75. The Department shall grant or deny an applicant a
1384-temporary permit within 60 days of receipt of a completed
1385-application. The Department shall notify the applicant of any
1386-deficiencies in the applicant's application materials
1387-requiring corrections in a timely manner.
1388-(e) An applicant for a temporary permit may be requested
1389-to appear before the Board to respond to questions concerning
1390-the applicant's qualifications to receive the permit. An
1391-applicant's refusal to appear before the Board may be grounds
1392-for denial of the application by the Department.
607+SB1344 Enrolled- 18 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 18 - LRB103 28584 LNS 54965 b
608+ SB1344 Enrolled - 18 - LRB103 28584 LNS 54965 b
609+1 (d) Records in the possession of any public body
610+2 created in the course of administrative enforcement
611+3 proceedings, and any law enforcement or correctional
612+4 agency for law enforcement purposes, but only to the
613+5 extent that disclosure would:
614+6 (i) interfere with pending or actually and
615+7 reasonably contemplated law enforcement proceedings
616+8 conducted by any law enforcement or correctional
617+9 agency that is the recipient of the request;
618+10 (ii) interfere with active administrative
619+11 enforcement proceedings conducted by the public body
620+12 that is the recipient of the request;
621+13 (iii) create a substantial likelihood that a
622+14 person will be deprived of a fair trial or an impartial
623+15 hearing;
624+16 (iv) unavoidably disclose the identity of a
625+17 confidential source, confidential information
626+18 furnished only by the confidential source, or persons
627+19 who file complaints with or provide information to
628+20 administrative, investigative, law enforcement, or
629+21 penal agencies; except that the identities of
630+22 witnesses to traffic crashes, traffic crash reports,
631+23 and rescue reports shall be provided by agencies of
632+24 local government, except when disclosure would
633+25 interfere with an active criminal investigation
634+26 conducted by the agency that is the recipient of the
1393635
1394636
1395-(f) The Secretary may summarily cancel any temporary
1396-permit issued pursuant to this Section, without a hearing, if
1397-the Secretary finds that evidence in his or her possession
1398-indicates that a permit holder's continuation in practice
1399-would constitute an imminent danger to the public or violate
1400-any provision of this Act or its rules. If the Secretary
1401-summarily cancels a temporary permit issued pursuant to this
1402-Section or Act, the permit holder may petition the Department
1403-for a hearing in accordance with the provisions of Section
1404-22.11 to restore his or her permit, unless the permit holder
1405-has exceeded his or her renewal limit.
1406-(g) In addition to terminating any temporary permit issued
1407-pursuant to this Section or Act, the Department may issue a
1408-monetary penalty not to exceed $10,000 upon the temporary
1409-permit holder and may notify any state in which the temporary
1410-permit holder has been issued a permit that his or her Illinois
1411-permit has been terminated and the reasons for that
1412-termination. The monetary penalty shall be paid within 60 days
1413-after the effective date of the order imposing the penalty.
1414-The order shall constitute a judgment and may be filed, and
1415-execution had thereon in the same manner as any judgment from
1416-any court of record. It is the intent of the General Assembly
1417-that a permit issued pursuant to this Section shall be
1418-considered a privilege and not a property right.
1419-(h) While working in Illinois, all temporary permit
1420-holders are subject to all statutory and regulatory
1421637
1422638
1423-requirements of this Act in the same manner as a licensee.
1424-Failure to adhere to all statutory and regulatory requirements
1425-may result in revocation or other discipline of the temporary
1426-permit.
1427-(i) If the Department becomes aware of a violation
1428-occurring at the facility licensed by the Department of Public
1429-Health, licensed hospital, medical office, clinic, or other
1430-medical facility, or occurring via telehealth services, the
1431-Department shall notify the Department of Public Health.
1432-(j) The Department may adopt emergency rules pursuant to
1433-this Section. The General Assembly finds that the adoption of
1434-rules to implement a temporary permit for health care services
1435-is deemed an emergency and necessary for the public interest,
1436-safety, and welfare.
1437-(Source: P.A. 102-1117, eff. 1-13-23.)
1438-Section 25. The Abortion Care Clinical Training Program
1439-Act is amended by changing Section 16-15 as follows:
1440-(410 ILCS 185/16-15)
1441-Sec. 16-15. Program administration and reporting.
1442-(a) Subject to appropriation to the Fund, the Department
1443-shall contract with at least one coordinating organization to
1444-administer the Program. The Department shall use the Fund to
1445-contract with the coordinating organization.
1446-(b) A coordinating organization contracted by the
639+
640+ SB1344 Enrolled - 18 - LRB103 28584 LNS 54965 b
1447641
1448642
1449-Department to administer the Program shall:
1450-(1) submit an annual report to the Department
1451-regarding Program performance, including the number of
1452-participants enrolled, the demographics of Program
1453-participants, the number of participants who successfully
1454-complete the Program, the outcome of successful Program
1455-participants, and the level of involvement of the
1456-participants in providing abortion and other forms of
1457-reproductive health care in Illinois; and
1458-(2) meet any other requirements established by the
1459-Department that are not inconsistent with this Act.
1460-(c) The Department shall release the name of any
1461-coordinating organization it coordinates with and any entity
1462-receiving funds to assist in the implementation of this
1463-Program through the coordinating organization. The Department
1464-shall not release the name of any individual person or health
1465-care professional administering services through or
1466-participating in the Program. The Department shall, by rule,
1467-establish procedures to ensure that sensitive Program
1468-information, including any personal information and
1469-information that, if released, could endanger the life or
1470-physical safety of program participants, remains confidential.
1471-(d) Any coordinating organization or other entity
1472-receiving funds to implement this Program is subject to the
1473-requirements of the Grant Accountability and Transparency Act.
1474-(e) All reports received by the Department in accordance
643+SB1344 Enrolled- 19 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 19 - LRB103 28584 LNS 54965 b
644+ SB1344 Enrolled - 19 - LRB103 28584 LNS 54965 b
645+1 request;
646+2 (v) disclose unique or specialized investigative
647+3 techniques other than those generally used and known
648+4 or disclose internal documents of correctional
649+5 agencies related to detection, observation, or
650+6 investigation of incidents of crime or misconduct, and
651+7 disclosure would result in demonstrable harm to the
652+8 agency or public body that is the recipient of the
653+9 request;
654+10 (vi) endanger the life or physical safety of law
655+11 enforcement personnel or any other person; or
656+12 (vii) obstruct an ongoing criminal investigation
657+13 by the agency that is the recipient of the request.
658+14 (d-5) A law enforcement record created for law
659+15 enforcement purposes and contained in a shared electronic
660+16 record management system if the law enforcement agency
661+17 that is the recipient of the request did not create the
662+18 record, did not participate in or have a role in any of the
663+19 events which are the subject of the record, and only has
664+20 access to the record through the shared electronic record
665+21 management system.
666+22 (d-6) Records contained in the Officer Professional
667+23 Conduct Database under Section 9.2 of the Illinois Police
668+24 Training Act, except to the extent authorized under that
669+25 Section. This includes the documents supplied to the
670+26 Illinois Law Enforcement Training Standards Board from the
1475671
1476672
1477-with this Section shall be treated as confidential and exempt
1478-from the Freedom of Information Act.
1479-(Source: P.A. 102-1117, eff. 1-13-23.)
1480-Section 95. No acceleration or delay. Where this Act makes
1481-changes in a statute that is represented in this Act by text
1482-that is not yet or no longer in effect (for example, a Section
1483-represented by multiple versions), the use of that text does
1484-not accelerate or delay the taking effect of (i) the changes
1485-made by this Act or (ii) provisions derived from any other
1486-Public Act.
1487-Section 99. Effective date. This Act takes effect upon
1488-becoming law.
673+
674+
675+
676+ SB1344 Enrolled - 19 - LRB103 28584 LNS 54965 b
677+
678+
679+SB1344 Enrolled- 20 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 20 - LRB103 28584 LNS 54965 b
680+ SB1344 Enrolled - 20 - LRB103 28584 LNS 54965 b
681+1 Illinois State Police and Illinois State Police Merit
682+2 Board.
683+3 (e) Records that relate to or affect the security of
684+4 correctional institutions and detention facilities.
685+5 (e-5) Records requested by persons committed to the
686+6 Department of Corrections, Department of Human Services
687+7 Division of Mental Health, or a county jail if those
688+8 materials are available in the library of the correctional
689+9 institution or facility or jail where the inmate is
690+10 confined.
691+11 (e-6) Records requested by persons committed to the
692+12 Department of Corrections, Department of Human Services
693+13 Division of Mental Health, or a county jail if those
694+14 materials include records from staff members' personnel
695+15 files, staff rosters, or other staffing assignment
696+16 information.
697+17 (e-7) Records requested by persons committed to the
698+18 Department of Corrections or Department of Human Services
699+19 Division of Mental Health if those materials are available
700+20 through an administrative request to the Department of
701+21 Corrections or Department of Human Services Division of
702+22 Mental Health.
703+23 (e-8) Records requested by a person committed to the
704+24 Department of Corrections, Department of Human Services
705+25 Division of Mental Health, or a county jail, the
706+26 disclosure of which would result in the risk of harm to any
707+
708+
709+
710+
711+
712+ SB1344 Enrolled - 20 - LRB103 28584 LNS 54965 b
713+
714+
715+SB1344 Enrolled- 21 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 21 - LRB103 28584 LNS 54965 b
716+ SB1344 Enrolled - 21 - LRB103 28584 LNS 54965 b
717+1 person or the risk of an escape from a jail or correctional
718+2 institution or facility.
719+3 (e-9) Records requested by a person in a county jail
720+4 or committed to the Department of Corrections or
721+5 Department of Human Services Division of Mental Health,
722+6 containing personal information pertaining to the person's
723+7 victim or the victim's family, including, but not limited
724+8 to, a victim's home address, home telephone number, work
725+9 or school address, work telephone number, social security
726+10 number, or any other identifying information, except as
727+11 may be relevant to a requester's current or potential case
728+12 or claim.
729+13 (e-10) Law enforcement records of other persons
730+14 requested by a person committed to the Department of
731+15 Corrections, Department of Human Services Division of
732+16 Mental Health, or a county jail, including, but not
733+17 limited to, arrest and booking records, mug shots, and
734+18 crime scene photographs, except as these records may be
735+19 relevant to the requester's current or potential case or
736+20 claim.
737+21 (f) Preliminary drafts, notes, recommendations,
738+22 memoranda, and other records in which opinions are
739+23 expressed, or policies or actions are formulated, except
740+24 that a specific record or relevant portion of a record
741+25 shall not be exempt when the record is publicly cited and
742+26 identified by the head of the public body. The exemption
743+
744+
745+
746+
747+
748+ SB1344 Enrolled - 21 - LRB103 28584 LNS 54965 b
749+
750+
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752+ SB1344 Enrolled - 22 - LRB103 28584 LNS 54965 b
753+1 provided in this paragraph (f) extends to all those
754+2 records of officers and agencies of the General Assembly
755+3 that pertain to the preparation of legislative documents.
756+4 (g) Trade secrets and commercial or financial
757+5 information obtained from a person or business where the
758+6 trade secrets or commercial or financial information are
759+7 furnished under a claim that they are proprietary,
760+8 privileged, or confidential, and that disclosure of the
761+9 trade secrets or commercial or financial information would
762+10 cause competitive harm to the person or business, and only
763+11 insofar as the claim directly applies to the records
764+12 requested.
765+13 The information included under this exemption includes
766+14 all trade secrets and commercial or financial information
767+15 obtained by a public body, including a public pension
768+16 fund, from a private equity fund or a privately held
769+17 company within the investment portfolio of a private
770+18 equity fund as a result of either investing or evaluating
771+19 a potential investment of public funds in a private equity
772+20 fund. The exemption contained in this item does not apply
773+21 to the aggregate financial performance information of a
774+22 private equity fund, nor to the identity of the fund's
775+23 managers or general partners. The exemption contained in
776+24 this item does not apply to the identity of a privately
777+25 held company within the investment portfolio of a private
778+26 equity fund, unless the disclosure of the identity of a
779+
780+
781+
782+
783+
784+ SB1344 Enrolled - 22 - LRB103 28584 LNS 54965 b
785+
786+
787+SB1344 Enrolled- 23 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 23 - LRB103 28584 LNS 54965 b
788+ SB1344 Enrolled - 23 - LRB103 28584 LNS 54965 b
789+1 privately held company may cause competitive harm.
790+2 Nothing contained in this paragraph (g) shall be
791+3 construed to prevent a person or business from consenting
792+4 to disclosure.
793+5 (h) Proposals and bids for any contract, grant, or
794+6 agreement, including information which if it were
795+7 disclosed would frustrate procurement or give an advantage
796+8 to any person proposing to enter into a contractor
797+9 agreement with the body, until an award or final selection
798+10 is made. Information prepared by or for the body in
799+11 preparation of a bid solicitation shall be exempt until an
800+12 award or final selection is made.
801+13 (i) Valuable formulae, computer geographic systems,
802+14 designs, drawings, and research data obtained or produced
803+15 by any public body when disclosure could reasonably be
804+16 expected to produce private gain or public loss. The
805+17 exemption for "computer geographic systems" provided in
806+18 this paragraph (i) does not extend to requests made by
807+19 news media as defined in Section 2 of this Act when the
808+20 requested information is not otherwise exempt and the only
809+21 purpose of the request is to access and disseminate
810+22 information regarding the health, safety, welfare, or
811+23 legal rights of the general public.
812+24 (j) The following information pertaining to
813+25 educational matters:
814+26 (i) test questions, scoring keys, and other
815+
816+
817+
818+
819+
820+ SB1344 Enrolled - 23 - LRB103 28584 LNS 54965 b
821+
822+
823+SB1344 Enrolled- 24 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 24 - LRB103 28584 LNS 54965 b
824+ SB1344 Enrolled - 24 - LRB103 28584 LNS 54965 b
825+1 examination data used to administer an academic
826+2 examination;
827+3 (ii) information received by a primary or
828+4 secondary school, college, or university under its
829+5 procedures for the evaluation of faculty members by
830+6 their academic peers;
831+7 (iii) information concerning a school or
832+8 university's adjudication of student disciplinary
833+9 cases, but only to the extent that disclosure would
834+10 unavoidably reveal the identity of the student; and
835+11 (iv) course materials or research materials used
836+12 by faculty members.
837+13 (k) Architects' plans, engineers' technical
838+14 submissions, and other construction related technical
839+15 documents for projects not constructed or developed in
840+16 whole or in part with public funds and the same for
841+17 projects constructed or developed with public funds,
842+18 including, but not limited to, power generating and
843+19 distribution stations and other transmission and
844+20 distribution facilities, water treatment facilities,
845+21 airport facilities, sport stadiums, convention centers,
846+22 and all government owned, operated, or occupied buildings,
847+23 but only to the extent that disclosure would compromise
848+24 security.
849+25 (l) Minutes of meetings of public bodies closed to the
850+26 public as provided in the Open Meetings Act until the
851+
852+
853+
854+
855+
856+ SB1344 Enrolled - 24 - LRB103 28584 LNS 54965 b
857+
858+
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860+ SB1344 Enrolled - 25 - LRB103 28584 LNS 54965 b
861+1 public body makes the minutes available to the public
862+2 under Section 2.06 of the Open Meetings Act.
863+3 (m) Communications between a public body and an
864+4 attorney or auditor representing the public body that
865+5 would not be subject to discovery in litigation, and
866+6 materials prepared or compiled by or for a public body in
867+7 anticipation of a criminal, civil, or administrative
868+8 proceeding upon the request of an attorney advising the
869+9 public body, and materials prepared or compiled with
870+10 respect to internal audits of public bodies.
871+11 (n) Records relating to a public body's adjudication
872+12 of employee grievances or disciplinary cases; however,
873+13 this exemption shall not extend to the final outcome of
874+14 cases in which discipline is imposed.
875+15 (o) Administrative or technical information associated
876+16 with automated data processing operations, including, but
877+17 not limited to, software, operating protocols, computer
878+18 program abstracts, file layouts, source listings, object
879+19 modules, load modules, user guides, documentation
880+20 pertaining to all logical and physical design of
881+21 computerized systems, employee manuals, and any other
882+22 information that, if disclosed, would jeopardize the
883+23 security of the system or its data or the security of
884+24 materials exempt under this Section.
885+25 (p) Records relating to collective negotiating matters
886+26 between public bodies and their employees or
887+
888+
889+
890+
891+
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893+
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896+ SB1344 Enrolled - 26 - LRB103 28584 LNS 54965 b
897+1 representatives, except that any final contract or
898+2 agreement shall be subject to inspection and copying.
899+3 (q) Test questions, scoring keys, and other
900+4 examination data used to determine the qualifications of
901+5 an applicant for a license or employment.
902+6 (r) The records, documents, and information relating
903+7 to real estate purchase negotiations until those
904+8 negotiations have been completed or otherwise terminated.
905+9 With regard to a parcel involved in a pending or actually
906+10 and reasonably contemplated eminent domain proceeding
907+11 under the Eminent Domain Act, records, documents, and
908+12 information relating to that parcel shall be exempt except
909+13 as may be allowed under discovery rules adopted by the
910+14 Illinois Supreme Court. The records, documents, and
911+15 information relating to a real estate sale shall be exempt
912+16 until a sale is consummated.
913+17 (s) Any and all proprietary information and records
914+18 related to the operation of an intergovernmental risk
915+19 management association or self-insurance pool or jointly
916+20 self-administered health and accident cooperative or pool.
917+21 Insurance or self-insurance self insurance (including any
918+22 intergovernmental risk management association or
919+23 self-insurance self insurance pool) claims, loss or risk
920+24 management information, records, data, advice, or
921+25 communications.
922+26 (t) Information contained in or related to
923+
924+
925+
926+
927+
928+ SB1344 Enrolled - 26 - LRB103 28584 LNS 54965 b
929+
930+
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932+ SB1344 Enrolled - 27 - LRB103 28584 LNS 54965 b
933+1 examination, operating, or condition reports prepared by,
934+2 on behalf of, or for the use of a public body responsible
935+3 for the regulation or supervision of financial
936+4 institutions, insurance companies, or pharmacy benefit
937+5 managers, unless disclosure is otherwise required by State
938+6 law.
939+7 (u) Information that would disclose or might lead to
940+8 the disclosure of secret or confidential information,
941+9 codes, algorithms, programs, or private keys intended to
942+10 be used to create electronic signatures under the Uniform
943+11 Electronic Transactions Act.
944+12 (v) Vulnerability assessments, security measures, and
945+13 response policies or plans that are designed to identify,
946+14 prevent, or respond to potential attacks upon a
947+15 community's population or systems, facilities, or
948+16 installations, but only to the extent that disclosure
949+17 could reasonably be expected to expose the vulnerability
950+18 or jeopardize the effectiveness of the measures, policies,
951+19 or plans, or the safety of the personnel who implement
952+20 them or the public. Information exempt under this item may
953+21 include such things as details pertaining to the
954+22 mobilization or deployment of personnel or equipment, to
955+23 the operation of communication systems or protocols, to
956+24 cybersecurity vulnerabilities, or to tactical operations.
957+25 (w) (Blank).
958+26 (x) Maps and other records regarding the location or
959+
960+
961+
962+
963+
964+ SB1344 Enrolled - 27 - LRB103 28584 LNS 54965 b
965+
966+
967+SB1344 Enrolled- 28 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 28 - LRB103 28584 LNS 54965 b
968+ SB1344 Enrolled - 28 - LRB103 28584 LNS 54965 b
969+1 security of generation, transmission, distribution,
970+2 storage, gathering, treatment, or switching facilities
971+3 owned by a utility, by a power generator, or by the
972+4 Illinois Power Agency.
973+5 (y) Information contained in or related to proposals,
974+6 bids, or negotiations related to electric power
975+7 procurement under Section 1-75 of the Illinois Power
976+8 Agency Act and Section 16-111.5 of the Public Utilities
977+9 Act that is determined to be confidential and proprietary
978+10 by the Illinois Power Agency or by the Illinois Commerce
979+11 Commission.
980+12 (z) Information about students exempted from
981+13 disclosure under Section Sections 10-20.38 or 34-18.29 of
982+14 the School Code, and information about undergraduate
983+15 students enrolled at an institution of higher education
984+16 exempted from disclosure under Section 25 of the Illinois
985+17 Credit Card Marketing Act of 2009.
986+18 (aa) Information the disclosure of which is exempted
987+19 under the Viatical Settlements Act of 2009.
988+20 (bb) Records and information provided to a mortality
989+21 review team and records maintained by a mortality review
990+22 team appointed under the Department of Juvenile Justice
991+23 Mortality Review Team Act.
992+24 (cc) Information regarding interments, entombments, or
993+25 inurnments of human remains that are submitted to the
994+26 Cemetery Oversight Database under the Cemetery Care Act or
995+
996+
997+
998+
999+
1000+ SB1344 Enrolled - 28 - LRB103 28584 LNS 54965 b
1001+
1002+
1003+SB1344 Enrolled- 29 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 29 - LRB103 28584 LNS 54965 b
1004+ SB1344 Enrolled - 29 - LRB103 28584 LNS 54965 b
1005+1 the Cemetery Oversight Act, whichever is applicable.
1006+2 (dd) Correspondence and records (i) that may not be
1007+3 disclosed under Section 11-9 of the Illinois Public Aid
1008+4 Code or (ii) that pertain to appeals under Section 11-8 of
1009+5 the Illinois Public Aid Code.
1010+6 (ee) The names, addresses, or other personal
1011+7 information of persons who are minors and are also
1012+8 participants and registrants in programs of park
1013+9 districts, forest preserve districts, conservation
1014+10 districts, recreation agencies, and special recreation
1015+11 associations.
1016+12 (ff) The names, addresses, or other personal
1017+13 information of participants and registrants in programs of
1018+14 park districts, forest preserve districts, conservation
1019+15 districts, recreation agencies, and special recreation
1020+16 associations where such programs are targeted primarily to
1021+17 minors.
1022+18 (gg) Confidential information described in Section
1023+19 1-100 of the Illinois Independent Tax Tribunal Act of
1024+20 2012.
1025+21 (hh) The report submitted to the State Board of
1026+22 Education by the School Security and Standards Task Force
1027+23 under item (8) of subsection (d) of Section 2-3.160 of the
1028+24 School Code and any information contained in that report.
1029+25 (ii) Records requested by persons committed to or
1030+26 detained by the Department of Human Services under the
1031+
1032+
1033+
1034+
1035+
1036+ SB1344 Enrolled - 29 - LRB103 28584 LNS 54965 b
1037+
1038+
1039+SB1344 Enrolled- 30 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 30 - LRB103 28584 LNS 54965 b
1040+ SB1344 Enrolled - 30 - LRB103 28584 LNS 54965 b
1041+1 Sexually Violent Persons Commitment Act or committed to
1042+2 the Department of Corrections under the Sexually Dangerous
1043+3 Persons Act if those materials: (i) are available in the
1044+4 library of the facility where the individual is confined;
1045+5 (ii) include records from staff members' personnel files,
1046+6 staff rosters, or other staffing assignment information;
1047+7 or (iii) are available through an administrative request
1048+8 to the Department of Human Services or the Department of
1049+9 Corrections.
1050+10 (jj) Confidential information described in Section
1051+11 5-535 of the Civil Administrative Code of Illinois.
1052+12 (kk) The public body's credit card numbers, debit card
1053+13 numbers, bank account numbers, Federal Employer
1054+14 Identification Number, security code numbers, passwords,
1055+15 and similar account information, the disclosure of which
1056+16 could result in identity theft or impression or defrauding
1057+17 of a governmental entity or a person.
1058+18 (ll) Records concerning the work of the threat
1059+19 assessment team of a school district, including, but not
1060+20 limited to, any threat assessment procedure under the
1061+21 School Safety Drill Act and any information contained in
1062+22 the procedure.
1063+23 (mm) Information prohibited from being disclosed under
1064+24 subsections (a) and (b) of Section 15 of the Student
1065+25 Confidential Reporting Act.
1066+26 (nn) (mm) Proprietary information submitted to the
1067+
1068+
1069+
1070+
1071+
1072+ SB1344 Enrolled - 30 - LRB103 28584 LNS 54965 b
1073+
1074+
1075+SB1344 Enrolled- 31 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 31 - LRB103 28584 LNS 54965 b
1076+ SB1344 Enrolled - 31 - LRB103 28584 LNS 54965 b
1077+1 Environmental Protection Agency under the Drug Take-Back
1078+2 Act.
1079+3 (oo) (mm) Records described in subsection (f) of
1080+4 Section 3-5-1 of the Unified Code of Corrections.
1081+5 (pp) Reports described in subsection (e) of Section
1082+6 16-15 of the Abortion Care Clinical Training Program Act.
1083+7 (1.5) Any information exempt from disclosure under the
1084+8 Judicial Privacy Act shall be redacted from public records
1085+9 prior to disclosure under this Act.
1086+10 (2) A public record that is not in the possession of a
1087+11 public body but is in the possession of a party with whom the
1088+12 agency has contracted to perform a governmental function on
1089+13 behalf of the public body, and that directly relates to the
1090+14 governmental function and is not otherwise exempt under this
1091+15 Act, shall be considered a public record of the public body,
1092+16 for purposes of this Act.
1093+17 (3) This Section does not authorize withholding of
1094+18 information or limit the availability of records to the
1095+19 public, except as stated in this Section or otherwise provided
1096+20 in this Act.
1097+21 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
1098+22 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
1099+23 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
1100+24 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
1101+25 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
1102+26 6-10-22; revised 12-13-22.)
1103+
1104+
1105+
1106+
1107+
1108+ SB1344 Enrolled - 31 - LRB103 28584 LNS 54965 b
1109+
1110+
1111+SB1344 Enrolled- 32 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 32 - LRB103 28584 LNS 54965 b
1112+ SB1344 Enrolled - 32 - LRB103 28584 LNS 54965 b
1113+1 Section 5. The Illinois Insurance Code is amended by
1114+2 changing Section 356z.60 as follows:
1115+3 (215 ILCS 5/356z.60)
1116+4 Sec. 356z.60. Coverage for abortifacients, hormonal
1117+5 therapy, and human immunodeficiency virus pre-exposure
1118+6 prophylaxis and post-exposure prophylaxis.
1119+7 (a) As used in this Section:
1120+8 "Abortifacients" means any medication administered to
1121+9 terminate a pregnancy as prescribed or ordered by a health
1122+10 care professional.
1123+11 "Health care professional" means a physician licensed to
1124+12 practice medicine in all of its branches, licensed advanced
1125+13 practice registered nurse, or physician assistant.
1126+14 "Hormonal therapy medication" means hormonal treatment
1127+15 administered to treat gender dysphoria.
1128+16 "Therapeutic equivalent version" means drugs, devices, or
1129+17 products that can be expected to have the same clinical effect
1130+18 and safety profile when administered to patients under the
1131+19 conditions specified in the labeling and that satisfy the
1132+20 following general criteria:
1133+21 (1) it is approved as safe and effective;
1134+22 (2) it is a pharmaceutical equivalent in that it:
1135+23 (A) contains identical amounts of the same active
1136+24 drug ingredient in the same dosage form and route of
1137+
1138+
1139+
1140+
1141+
1142+ SB1344 Enrolled - 32 - LRB103 28584 LNS 54965 b
1143+
1144+
1145+SB1344 Enrolled- 33 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 33 - LRB103 28584 LNS 54965 b
1146+ SB1344 Enrolled - 33 - LRB103 28584 LNS 54965 b
1147+1 administration; and
1148+2 (B) meets compendial or other applicable standards
1149+3 of strength, quality, purity, and identity;
1150+4 (3) it is bioequivalent in that:
1151+5 (A) it does not present a known or potential
1152+6 bioequivalence problem and it meets an acceptable in
1153+7 vitro standard; or
1154+8 (B) if it does present such a known or potential
1155+9 problem, it is shown to meet an appropriate
1156+10 bioequivalence standard;
1157+11 (4) it is adequately labeled; and
1158+12 (5) it is manufactured in compliance with Current Good
1159+13 Manufacturing Practice regulations adopted by the United
1160+14 States Food and Drug Administration.
1161+15 (b) An individual or group policy of accident and health
1162+16 insurance amended, delivered, issued, or renewed in this State
1163+17 on or after January 1, 2024 shall provide coverage for all
1164+18 abortifacients, hormonal therapy medication, human
1165+19 immunodeficiency virus pre-exposure prophylaxis, and
1166+20 post-exposure prophylaxis drugs approved by the United States
1167+21 Food and Drug Administration, and follow-up services related
1168+22 to that coverage, including, but not limited to, management of
1169+23 side effects, medication self-management or adherence
1170+24 counseling, risk reduction strategies, and mental health
1171+25 counseling. This coverage shall include drugs approved by the
1172+26 United States Food and Drug Administration that are prescribed
1173+
1174+
1175+
1176+
1177+
1178+ SB1344 Enrolled - 33 - LRB103 28584 LNS 54965 b
1179+
1180+
1181+SB1344 Enrolled- 34 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 34 - LRB103 28584 LNS 54965 b
1182+ SB1344 Enrolled - 34 - LRB103 28584 LNS 54965 b
1183+1 or ordered for off-label use for the purposes described in
1184+2 this Section.
1185+3 (c) The coverage required under subsection (b) is subject
1186+4 to the following conditions:
1187+5 (1) If the United States Food and Drug Administration
1188+6 has approved one or more therapeutic equivalent versions
1189+7 of an abortifacient drug, a policy is not required to
1190+8 include all such therapeutic equivalent versions in its
1191+9 formulary so long as at least one is included and covered
1192+10 without cost sharing and in accordance with this Section.
1193+11 (2) If an individual's attending provider recommends a
1194+12 particular drug approved by the United States Food and
1195+13 Drug Administration based on a determination of medical
1196+14 necessity with respect to that individual, the plan or
1197+15 issuer must defer to the determination of the attending
1198+16 provider and must cover that service or item without cost
1199+17 sharing.
1200+18 (3) If a drug is not covered, plans and issuers must
1201+19 have an easily accessible, transparent, and sufficiently
1202+20 expedient process that is not unduly burdensome on the
1203+21 individual or a provider or other individual acting as a
1204+22 patient's authorized representative to ensure coverage
1205+23 without cost sharing.
1206+24 The conditions listed under this subsection (c) also apply
1207+25 to drugs prescribed for off-label use as abortifacients.
1208+26 (d) Except as otherwise provided in this Section, a policy
1209+
1210+
1211+
1212+
1213+
1214+ SB1344 Enrolled - 34 - LRB103 28584 LNS 54965 b
1215+
1216+
1217+SB1344 Enrolled- 35 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 35 - LRB103 28584 LNS 54965 b
1218+ SB1344 Enrolled - 35 - LRB103 28584 LNS 54965 b
1219+1 subject to this Section shall not impose a deductible,
1220+2 coinsurance, copayment, or any other cost-sharing requirement
1221+3 on the coverage provided. The provisions of this subsection do
1222+4 not apply to coverage of procedures to the extent such
1223+5 coverage would disqualify a high-deductible health plan from
1224+6 eligibility for a health savings account pursuant to the
1225+7 federal Internal Revenue Code, 26 U.S.C. 223.
1226+8 (e) Except as otherwise authorized under this Section, a
1227+9 policy shall not impose any restrictions or delays on the
1228+10 coverage required under this Section.
1229+11 (f) The coverage requirements in this Section for
1230+12 abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),
1231+13 apply to a multistate plan that does not provide coverage for
1232+14 abortion.
1233+15 (g) If the Department concludes that enforcement of any
1234+16 coverage requirement of this Section for abortifacients may
1235+17 adversely affect the allocation of federal funds to this
1236+18 State, the Department may grant an exemption to that
1237+19 requirement, but only to the minimum extent necessary to
1238+20 ensure the continued receipt of federal funds.
1239+21 (Source: P.A. 102-1117, eff. 1-13-23.)
1240+22 Section 10. The Nurse Practice Act is amended by changing
1241+23 Sections 65-11 and 65-11.5 as follows:
1242+24 (225 ILCS 65/65-11)
1243+
1244+
1245+
1246+
1247+
1248+ SB1344 Enrolled - 35 - LRB103 28584 LNS 54965 b
1249+
1250+
1251+SB1344 Enrolled- 36 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 36 - LRB103 28584 LNS 54965 b
1252+ SB1344 Enrolled - 36 - LRB103 28584 LNS 54965 b
1253+1 Sec. 65-11. Temporary permit for advanced practice
1254+2 registered nurses for health care.
1255+3 (a) The Department may issue a temporary permit to an
1256+4 applicant who is licensed to practice as an advanced practice
1257+5 registered nurse in another state. The temporary permit will
1258+6 authorize the practice of providing health care to patients in
1259+7 this State, with a collaborating physician in this State, if
1260+8 all of the following apply:
1261+9 (1) The Department determines that the applicant's
1262+10 services will improve the welfare of Illinois residents
1263+11 and non-residents requiring health care services.
1264+12 (2) The applicant has obtained a graduate degree
1265+13 appropriate for national certification in a clinical
1266+14 advanced practice registered nursing specialty or a
1267+15 graduate degree or post-master's certificate from a
1268+16 graduate level program in a clinical advanced practice
1269+17 registered nursing specialty; the applicant has submitted
1270+18 verification of licensure status in good standing in the
1271+19 applicant's current state or territory of licensure; and
1272+20 the applicant can furnish the Department with a certified
1273+21 letter upon request from that jurisdiction attesting to
1274+22 the fact that the applicant has no pending action or
1275+23 violations against the applicant's license.
1276+24 The Department will not consider an advanced practice
1277+25 registered nurse's license being revoked or otherwise
1278+26 disciplined by any state or territory based solely on the
1279+
1280+
1281+
1282+
1283+
1284+ SB1344 Enrolled - 36 - LRB103 28584 LNS 54965 b
1285+
1286+
1287+SB1344 Enrolled- 37 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 37 - LRB103 28584 LNS 54965 b
1288+ SB1344 Enrolled - 37 - LRB103 28584 LNS 54965 b
1289+1 advanced practice registered nurse providing, authorizing,
1290+2 recommending, aiding, assisting, referring for, or
1291+3 otherwise participating in any health care service that is
1292+4 unlawful or prohibited in that state or territory, if the
1293+5 provision of, authorization of, or participation in that
1294+6 health care, medical service, or procedure related to any
1295+7 health care service is not unlawful or prohibited in this
1296+8 State.
1297+9 (3) The applicant has sufficient training and
1298+10 possesses the appropriate core competencies to provide
1299+11 health care services, and is physically, mentally, and
1300+12 professionally capable of practicing as an advanced
1301+13 practice registered nurse with reasonable judgment, skill,
1302+14 and safety and in accordance with applicable standards of
1303+15 care.
1304+16 (4) The applicant has met the written collaborative
1305+17 agreement requirements under Section 65-35.
1306+18 (5) The applicant will be working pursuant to an
1307+19 agreement with a sponsoring licensed hospital, medical
1308+20 office, clinic, or other medical facility providing health
1309+21 care services. Such agreement shall be executed by an
1310+22 authorized representative of the licensed hospital,
1311+23 medical office, clinic, or other medical facility,
1312+24 certifying that the advanced practice registered nurse
1313+25 holds an active license and is in good standing in the
1314+26 state in which they are licensed. If an applicant for a
1315+
1316+
1317+
1318+
1319+
1320+ SB1344 Enrolled - 37 - LRB103 28584 LNS 54965 b
1321+
1322+
1323+SB1344 Enrolled- 38 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 38 - LRB103 28584 LNS 54965 b
1324+ SB1344 Enrolled - 38 - LRB103 28584 LNS 54965 b
1325+1 temporary permit has been previously disciplined by
1326+2 another jurisdiction, except as described in paragraph (2)
1327+3 of subsection (a), further review may be conducted
1328+4 pursuant to the Civil Administrative Code of Illinois and
1329+5 this Act. The application shall include the advanced
1330+6 practice registered nurse's name, contact information,
1331+7 state of licensure, and license number.
1332+8 (6) Payment of a $75 fee.
1333+9 The sponsoring licensed hospital, medical office, clinic,
1334+10 or other medical facility engaged in the agreement with the
1335+11 applicant shall notify the Department should the applicant at
1336+12 any point leave or become separate from the sponsor.
1337+13 The Department may adopt rules to carry out this Section.
1338+14 (b) A temporary permit under this Section shall expire 2
1339+15 years after the date of issuance. The temporary permit may be
1340+16 renewed for a $45 fee for an additional 2 years. A holder of a
1341+17 temporary permit may only renew one time.
1342+18 (c) The temporary permit shall only permit the holder to
1343+19 practice as an advanced practice registered nurse with a
1344+20 collaborating physician who provides health care services at
1345+21 the location or locations specified on the permit or via
1346+22 telehealth.
1347+23 (d) An application for the temporary permit shall be made
1348+24 to the Department, in writing, on forms prescribed by the
1349+25 Department, and shall be accompanied by a non-refundable fee
1350+26 of $75. The Department shall grant or deny an applicant a
1351+
1352+
1353+
1354+
1355+
1356+ SB1344 Enrolled - 38 - LRB103 28584 LNS 54965 b
1357+
1358+
1359+SB1344 Enrolled- 39 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 39 - LRB103 28584 LNS 54965 b
1360+ SB1344 Enrolled - 39 - LRB103 28584 LNS 54965 b
1361+1 temporary permit within 60 days of receipt of a completed
1362+2 application. The Department shall notify the applicant of any
1363+3 deficiencies in the applicant's application materials
1364+4 requiring corrections in a timely manner.
1365+5 (e) An applicant for temporary permit may be requested to
1366+6 appear before the Board to respond to questions concerning the
1367+7 applicant's qualifications to receive the permit. An
1368+8 applicant's refusal to appear before the Board of Nursing may
1369+9 be grounds for denial of the application by the Department.
1370+10 (f) The Secretary may summarily cancel any temporary
1371+11 permit issued pursuant to this Section, without a hearing, if
1372+12 the Secretary finds that evidence in his or her possession
1373+13 indicates that a permit holder's continuation in practice
1374+14 would constitute an imminent danger to the public or violate
1375+15 any provision of this Act or its rules.
1376+16 If the Secretary summarily cancels a temporary permit
1377+17 issued pursuant to this Section or Act, the permit holder may
1378+18 petition the Department for a hearing in accordance with the
1379+19 provisions of Section 70-125 to restore his or her permit,
1380+20 unless the permit holder has exceeded his or her renewal
1381+21 limit.
1382+22 (g) In addition to terminating any temporary permit issued
1383+23 pursuant to this Section or Act, the Department may issue a
1384+24 monetary penalty not to exceed $10,000 upon the temporary
1385+25 permit holder and may notify any state in which the temporary
1386+26 permit holder has been issued a permit that his or her Illinois
1387+
1388+
1389+
1390+
1391+
1392+ SB1344 Enrolled - 39 - LRB103 28584 LNS 54965 b
1393+
1394+
1395+SB1344 Enrolled- 40 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 40 - LRB103 28584 LNS 54965 b
1396+ SB1344 Enrolled - 40 - LRB103 28584 LNS 54965 b
1397+1 permit has been terminated and the reasons for the
1398+2 termination. The monetary penalty shall be paid within 60 days
1399+3 after the effective date of the order imposing the penalty.
1400+4 The order shall constitute a judgment and may be filed, and
1401+5 execution had thereon in the same manner as any judgment from
1402+6 any court of record. It is the intent of the General Assembly
1403+7 that a permit issued pursuant to this Section shall be
1404+8 considered a privilege and not a property right.
1405+9 (h) While working in Illinois, all temporary permit
1406+10 holders are subject to all statutory and regulatory
1407+11 requirements of this Act in the same manner as a licensee.
1408+12 Failure to adhere to all statutory and regulatory requirements
1409+13 may result in revocation or other discipline of the temporary
1410+14 permit.
1411+15 (i) If the Department becomes aware of a violation
1412+16 occurring at the facility licensed by the Department of Public
1413+17 Health, licensed hospital, medical office, clinic, or other
1414+18 medical facility, or via telehealth service, the Department
1415+19 shall notify the Department of Public Health.
1416+20 (j) The Department may adopt emergency rules pursuant to
1417+21 this Section. The General Assembly finds that the adoption of
1418+22 rules to implement a temporary permit for health care services
1419+23 is deemed an emergency and necessary for the public interest,
1420+24 safety, and welfare.
1421+25 (Source: P.A. 102-1117, eff. 1-13-23.)
1422+
1423+
1424+
1425+
1426+
1427+ SB1344 Enrolled - 40 - LRB103 28584 LNS 54965 b
1428+
1429+
1430+SB1344 Enrolled- 41 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 41 - LRB103 28584 LNS 54965 b
1431+ SB1344 Enrolled - 41 - LRB103 28584 LNS 54965 b
1432+1 (225 ILCS 65/65-11.5)
1433+2 Sec. 65-11.5. Temporary permit for full practice advanced
1434+3 practice registered nurses for health care.
1435+4 (a) The Department may issue a full practice advanced
1436+5 practice registered nurse temporary permit to an applicant who
1437+6 is licensed to practice as an advanced practice registered
1438+7 nurse in another state. The temporary permit will authorize
1439+8 the practice of providing health care to patients in this
1440+9 State if all of the following apply:
1441+10 (1) The Department determines that the applicant's
1442+11 services will improve the welfare of Illinois residents
1443+12 and non-residents requiring health care services.
1444+13 (2) The applicant has obtained a graduate degree
1445+14 appropriate for national certification in a clinical
1446+15 advanced practice registered nursing specialty or a
1447+16 graduate degree or post-master's certificate from a
1448+17 graduate level program in a clinical advanced practice
1449+18 registered nursing specialty; the applicant is certified
1450+19 as a nurse practitioner, nurse midwife, or clinical nurse
1451+20 specialist; the applicant has submitted verification of
1452+21 licensure status in good standing in the applicant's
1453+22 current state or territory of licensure; and the applicant
1454+23 can furnish the Department with a certified letter upon
1455+24 request from that jurisdiction attesting to the fact that
1456+25 the applicant has no pending action or violations against
1457+26 the applicant's license.
1458+
1459+
1460+
1461+
1462+
1463+ SB1344 Enrolled - 41 - LRB103 28584 LNS 54965 b
1464+
1465+
1466+SB1344 Enrolled- 42 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 42 - LRB103 28584 LNS 54965 b
1467+ SB1344 Enrolled - 42 - LRB103 28584 LNS 54965 b
1468+1 The Department shall not consider an advanced practice
1469+2 registered nurse's license being revoked or otherwise
1470+3 disciplined by any state or territory for the provision
1471+4 of, authorization of, or participation in any health care,
1472+5 medical service, or procedure related to an abortion on
1473+6 the basis that such health care, medical service, or
1474+7 procedure related to an abortion is unlawful or prohibited
1475+8 in that state or territory, if the provision of,
1476+9 authorization of, or participation in that health care,
1477+10 medical service, or procedure related to an abortion is
1478+11 not unlawful or prohibited in this State.
1479+12 (3) The applicant has sufficient training and
1480+13 possesses the appropriate core competencies to provide
1481+14 health care services, and is physically, mentally, and
1482+15 professionally capable of practicing as an advanced
1483+16 practice registered nurse with reasonable judgment, skill,
1484+17 and safety and in accordance with applicable standards of
1485+18 care.
1486+19 (4) The applicant will be working pursuant to an
1487+20 agreement with a sponsoring licensed hospital, medical
1488+21 office, clinic, or other medical facility providing health
1489+22 care services. Such agreement shall be executed by an
1490+23 authorized representative of the licensed hospital,
1491+24 medical office, clinic, or other medical facility,
1492+25 certifying that the advanced practice registered nurse
1493+26 holds an active license and is in good standing in the
1494+
1495+
1496+
1497+
1498+
1499+ SB1344 Enrolled - 42 - LRB103 28584 LNS 54965 b
1500+
1501+
1502+SB1344 Enrolled- 43 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 43 - LRB103 28584 LNS 54965 b
1503+ SB1344 Enrolled - 43 - LRB103 28584 LNS 54965 b
1504+1 state in which they are licensed. If an applicant for a
1505+2 temporary permit has been previously disciplined by
1506+3 another jurisdiction, except as described in paragraph (2)
1507+4 of subsection (a), further review may be conducted
1508+5 pursuant to the Civil Administrative Code of Illinois and
1509+6 this Act. The application shall include the advanced
1510+7 practice registered nurse's name, contact information,
1511+8 state of licensure, and license number.
1512+9 (5) Payment of a $75 fee.
1513+10 The sponsoring licensed hospital, medical office, clinic,
1514+11 or other medical facility engaged in the agreement with the
1515+12 applicant shall notify the Department should the applicant at
1516+13 any point leave or become separate from the sponsor.
1517+14 The Department may adopt rules to carry out this Section.
1518+15 (b) A temporary permit under this Section shall expire 2
1519+16 years after the date of issuance. The temporary permit may be
1520+17 renewed for a $45 fee for an additional 2 years. A holder of a
1521+18 temporary permit may only renew one time.
1522+19 (c) The temporary permit shall only permit the holder to
1523+20 practice as a full practice advanced practice registered nurse
1524+21 within the scope of providing health care services at the
1525+22 location or locations specified on the permit or via
1526+23 telehealth service.
1527+24 (d) An application for the temporary permit shall be made
1528+25 to the Department, in writing, on forms prescribed by the
1529+26 Department, and shall be accompanied by a non-refundable fee
1530+
1531+
1532+
1533+
1534+
1535+ SB1344 Enrolled - 43 - LRB103 28584 LNS 54965 b
1536+
1537+
1538+SB1344 Enrolled- 44 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 44 - LRB103 28584 LNS 54965 b
1539+ SB1344 Enrolled - 44 - LRB103 28584 LNS 54965 b
1540+1 of $75.
1541+2 (e) An applicant for temporary permit may be requested to
1542+3 appear before the Board to respond to questions concerning the
1543+4 applicant's qualifications to receive the permit. An
1544+5 applicant's refusal to appear before the Board of Nursing may
1545+6 be grounds for denial of the application by the Department.
1546+7 (f) The Secretary may summarily cancel any temporary
1547+8 permit issued pursuant to this Section, without a hearing, if
1548+9 the Secretary finds that evidence in his or her possession
1549+10 indicates that a permit holder's continuation in practice
1550+11 would constitute an imminent danger to the public or violate
1551+12 any provision of this Act or its rules.
1552+13 If the Secretary summarily cancels a temporary permit
1553+14 issued pursuant to this Section or Act, the permit holder may
1554+15 petition the Department for a hearing in accordance with the
1555+16 provisions of Section 70-125 of this Act to restore his or her
1556+17 permit, unless the permit holder has exceeded his or her
1557+18 renewal limit.
1558+19 (g) In addition to terminating any temporary permit issued
1559+20 pursuant to this Section or Act, the Department may issue a
1560+21 monetary penalty not to exceed $10,000 upon the temporary
1561+22 permit holder and may notify any state in which the temporary
1562+23 permit holder has been issued a permit that his or her Illinois
1563+24 permit has been terminated and the reasons for the
1564+25 termination. The monetary penalty shall be paid within 60 days
1565+26 after the effective date of the order imposing the penalty.
1566+
1567+
1568+
1569+
1570+
1571+ SB1344 Enrolled - 44 - LRB103 28584 LNS 54965 b
1572+
1573+
1574+SB1344 Enrolled- 45 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 45 - LRB103 28584 LNS 54965 b
1575+ SB1344 Enrolled - 45 - LRB103 28584 LNS 54965 b
1576+1 The order shall constitute a judgment and may be filed, and
1577+2 execution had thereon in the same manner as any judgment from
1578+3 any court of record. It is the intent of the General Assembly
1579+4 that a permit issued pursuant to this Section shall be
1580+5 considered a privilege and not a property right.
1581+6 (h) While working in Illinois, all temporary permit
1582+7 holders are subject to all statutory and regulatory
1583+8 requirements of this Act in the same manner as a licensee.
1584+9 Failure to adhere to all statutory and regulatory requirements
1585+10 may result in revocation or other discipline of the temporary
1586+11 permit.
1587+12 (i) If the Department becomes aware of a violation
1588+13 occurring at the facility licensed by the Department of Public
1589+14 Health, licensed hospital, medical office, clinic, or other
1590+15 medical facility, or via telehealth service, the Department
1591+16 shall notify the Department of Public Health.
1592+17 (j) The Department may adopt emergency rules pursuant to
1593+18 this Section. The General Assembly finds that the adoption of
1594+19 rules to implement a temporary permit for health care services
1595+20 is deemed an emergency and necessary for the public interest,
1596+21 safety, and welfare.
1597+22 (Source: P.A. 102-1117, eff. 1-13-23.)
1598+23 Section 15. The Pharmacy Practice Act is amended by
1599+24 changing Section 43.5 as follows:
1600+
1601+
1602+
1603+
1604+
1605+ SB1344 Enrolled - 45 - LRB103 28584 LNS 54965 b
1606+
1607+
1608+SB1344 Enrolled- 46 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 46 - LRB103 28584 LNS 54965 b
1609+ SB1344 Enrolled - 46 - LRB103 28584 LNS 54965 b
1610+1 (225 ILCS 85/43.5)
1611+2 (Section scheduled to be repealed on January 1, 2028)
1612+3 Sec. 43.5. HIV prophylaxis. In accordance with a standing
1613+4 order by a physician licensed to practice medicine in all its
1614+5 branches or the medical director of a county or local health
1615+6 department or a standing order by the Department of Public
1616+7 Health, a pharmacist may provide patients with prophylaxis
1617+8 drugs for human immunodeficiency virus pre-exposure
1618+9 prophylaxis or post-exposure prophylaxis.
1619+10 A pharmacist may provide initial assessment and dispensing
1620+11 of prophylaxis drugs for human immunodeficiency virus
1621+12 pre-exposure prophylaxis or post-exposure prophylaxis. If a
1622+13 patient's HIV test results are reactive, the pharmacist shall
1623+14 refer the patient to an appropriate health care professional
1624+15 or clinic. If the patient's HIV test results are nonreactive,
1625+16 the pharmacist may initiate human immunodeficiency virus
1626+17 pre-exposure prophylaxis or post-exposure prophylaxis to
1627+18 eligible patients.
1628+19 The standing order must be consistent with the current
1629+20 version of the guidelines of the Centers for Disease Control
1630+21 and Prevention, guidelines of the United States Preventive
1631+22 Services Task Force, or generally recognized evidence-based
1632+23 clinical guidelines.
1633+24 A pharmacist must communicate the services provided under
1634+25 this Section to the patient and the patient's primary health
1635+26 care provider or other health care professional or clinic, if
1636+
1637+
1638+
1639+
1640+
1641+ SB1344 Enrolled - 46 - LRB103 28584 LNS 54965 b
1642+
1643+
1644+SB1344 Enrolled- 47 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 47 - LRB103 28584 LNS 54965 b
1645+ SB1344 Enrolled - 47 - LRB103 28584 LNS 54965 b
1646+1 known. If there is no primary health care provider provided by
1647+2 the patient, then the pharmacist shall give the patient a list
1648+3 of primary health care providers, other health care
1649+4 professionals, and clinics in the area.
1650+5 The services provided under this Section shall be
1651+6 appropriately documented and retained in a confidential manner
1652+7 consistent with State HIV confidentiality requirements.
1653+8 The services provided under this Section shall take place
1654+9 in a private manner.
1655+10 A pharmacist shall complete an educational training
1656+11 program accredited by the Accreditation Council for Pharmacy
1657+12 Education and approved by the Department that is related to
1658+13 the initiation, dispensing, or administration of drugs,
1659+14 laboratory tests, assessments, referrals, and consultations
1660+15 for human immunodeficiency virus pre-exposure prophylaxis and
1661+16 human immunodeficiency virus post-exposure prophylaxis.
1662+17 (Source: P.A. 102-1051, eff. 1-1-23.)
1663+18 Section 20. The Physician Assistant Practice Act of 1987
1664+19 is amended by changing Section 9.7 as follows:
1665+20 (225 ILCS 95/9.7)
1666+21 Sec. 9.7. Temporary permit for health care.
1667+22 (a) The Department may issue a temporary permit to an
1668+23 applicant who is licensed to practice as a physician assistant
1669+24 in another state. The temporary permit will authorize the
1670+
1671+
1672+
1673+
1674+
1675+ SB1344 Enrolled - 47 - LRB103 28584 LNS 54965 b
1676+
1677+
1678+SB1344 Enrolled- 48 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 48 - LRB103 28584 LNS 54965 b
1679+ SB1344 Enrolled - 48 - LRB103 28584 LNS 54965 b
1680+1 practice of providing health care to patients in this State,
1681+2 with a collaborating physician in this State, if all of the
1682+3 following apply:
1683+4 (1) The Department determines that the applicant's
1684+5 services will improve the welfare of Illinois residents
1685+6 and non-residents requiring health care services.
1686+7 (2) The applicant has obtained certification by the
1687+8 National Commission on Certification of Physician
1688+9 Assistants or its successor agency; the applicant has
1689+10 submitted verification of licensure status in good
1690+11 standing in the applicant's current state or territory of
1691+12 licensure; and the applicant can furnish the Department
1692+13 with a certified letter upon request from that
1693+14 jurisdiction attesting to the fact that the applicant has
1694+15 no pending action or violations against the applicant's
1695+16 license.
1696+17 The Department will not consider a physician
1697+18 assistant's license being revoked or otherwise disciplined
1698+19 by any state or territory based solely on the physician
1699+20 providing, authorizing, recommending, aiding, assisting,
1700+21 referring for, or otherwise participating in any health
1701+22 care service that is unlawful or prohibited in that state
1702+23 or territory, if the provision of, authorization of, or
1703+24 participation in that health care service, medical
1704+25 service, or procedure related to any health care service
1705+26 is not unlawful or prohibited in this State.
1706+
1707+
1708+
1709+
1710+
1711+ SB1344 Enrolled - 48 - LRB103 28584 LNS 54965 b
1712+
1713+
1714+SB1344 Enrolled- 49 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 49 - LRB103 28584 LNS 54965 b
1715+ SB1344 Enrolled - 49 - LRB103 28584 LNS 54965 b
1716+1 (3) The applicant has sufficient training and
1717+2 possesses the appropriate core competencies to provide
1718+3 health care services, and is physically, mentally, and
1719+4 professionally capable of practicing as a physician
1720+5 assistant with reasonable judgment, skill, and safety and
1721+6 in accordance with applicable standards of care.
1722+7 (4) The applicant has met the written collaborative
1723+8 agreement requirements under subsection (a) of Section
1724+9 7.5.
1725+10 (5) The applicant will be working pursuant to an
1726+11 agreement with a sponsoring licensed hospital, medical
1727+12 office, clinic, or other medical facility providing health
1728+13 care services. Such agreement shall be executed by an
1729+14 authorized representative of the licensed hospital,
1730+15 medical office, clinic, or other medical facility,
1731+16 certifying that the physician assistant holds an active
1732+17 license and is in good standing in the state in which they
1733+18 are licensed. If an applicant for a temporary permit has
1734+19 been previously disciplined by another jurisdiction,
1735+20 except as described in paragraph (2) of subsection (a),
1736+21 further review may be conducted pursuant to the Civil
1737+22 Administrative Code of Illinois and this Act. The
1738+23 application shall include the physician assistant's name,
1739+24 contact information, state of licensure, and license
1740+25 number.
1741+26 (6) Payment of a $75 fee.
1742+
1743+
1744+
1745+
1746+
1747+ SB1344 Enrolled - 49 - LRB103 28584 LNS 54965 b
1748+
1749+
1750+SB1344 Enrolled- 50 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 50 - LRB103 28584 LNS 54965 b
1751+ SB1344 Enrolled - 50 - LRB103 28584 LNS 54965 b
1752+1 The sponsoring licensed hospital, medical office, clinic,
1753+2 or other medical facility engaged in the agreement with the
1754+3 applicant shall notify the Department should the applicant at
1755+4 any point leave or become separate from the sponsor.
1756+5 The Department may adopt rules to carry out this Section.
1757+6 (b) A temporary permit under this Section shall expire 2
1758+7 years after the date of issuance. The temporary permit may be
1759+8 renewed for a $45 fee for an additional 2 years. A holder of a
1760+9 temporary permit may only renew one time.
1761+10 (c) The temporary permit shall only permit the holder to
1762+11 practice as a physician assistant with a collaborating
1763+12 physician who provides health care services with the sponsor
1764+13 specified on the permit.
1765+14 (d) An application for the temporary permit shall be made
1766+15 to the Department, in writing, on forms prescribed by the
1767+16 Department, and shall be accompanied by a non-refundable fee
1768+17 of $75. The Department shall grant or deny an applicant a
1769+18 temporary permit within 60 days of receipt of a completed
1770+19 application. The Department shall notify the applicant of any
1771+20 deficiencies in the applicant's application materials
1772+21 requiring corrections in a timely manner.
1773+22 (e) An applicant for a temporary permit may be requested
1774+23 to appear before the Board to respond to questions concerning
1775+24 the applicant's qualifications to receive the permit. An
1776+25 applicant's refusal to appear before the Board may be grounds
1777+26 for denial of the application by the Department.
1778+
1779+
1780+
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1783+ SB1344 Enrolled - 50 - LRB103 28584 LNS 54965 b
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1786+SB1344 Enrolled- 51 -LRB103 28584 LNS 54965 b SB1344 Enrolled - 51 - LRB103 28584 LNS 54965 b
1787+ SB1344 Enrolled - 51 - LRB103 28584 LNS 54965 b
1788+1 (f) The Secretary may summarily cancel any temporary
1789+2 permit issued pursuant to this Section, without a hearing, if
1790+3 the Secretary finds that evidence in his or her possession
1791+4 indicates that a permit holder's continuation in practice
1792+5 would constitute an imminent danger to the public or violate
1793+6 any provision of this Act or its rules. If the Secretary
1794+7 summarily cancels a temporary permit issued pursuant to this
1795+8 Section or Act, the permit holder may petition the Department
1796+9 for a hearing in accordance with the provisions of Section
1797+10 22.11 to restore his or her permit, unless the permit holder
1798+11 has exceeded his or her renewal limit.
1799+12 (g) In addition to terminating any temporary permit issued
1800+13 pursuant to this Section or Act, the Department may issue a
1801+14 monetary penalty not to exceed $10,000 upon the temporary
1802+15 permit holder and may notify any state in which the temporary
1803+16 permit holder has been issued a permit that his or her Illinois
1804+17 permit has been terminated and the reasons for that
1805+18 termination. The monetary penalty shall be paid within 60 days
1806+19 after the effective date of the order imposing the penalty.
1807+20 The order shall constitute a judgment and may be filed, and
1808+21 execution had thereon in the same manner as any judgment from
1809+22 any court of record. It is the intent of the General Assembly
1810+23 that a permit issued pursuant to this Section shall be
1811+24 considered a privilege and not a property right.
1812+25 (h) While working in Illinois, all temporary permit
1813+26 holders are subject to all statutory and regulatory
1814+
1815+
1816+
1817+
1818+
1819+ SB1344 Enrolled - 51 - LRB103 28584 LNS 54965 b
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1821+
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1823+ SB1344 Enrolled - 52 - LRB103 28584 LNS 54965 b
1824+1 requirements of this Act in the same manner as a licensee.
1825+2 Failure to adhere to all statutory and regulatory requirements
1826+3 may result in revocation or other discipline of the temporary
1827+4 permit.
1828+5 (i) If the Department becomes aware of a violation
1829+6 occurring at the facility licensed by the Department of Public
1830+7 Health, licensed hospital, medical office, clinic, or other
1831+8 medical facility, or occurring via telehealth services, the
1832+9 Department shall notify the Department of Public Health.
1833+10 (j) The Department may adopt emergency rules pursuant to
1834+11 this Section. The General Assembly finds that the adoption of
1835+12 rules to implement a temporary permit for health care services
1836+13 is deemed an emergency and necessary for the public interest,
1837+14 safety, and welfare.
1838+15 (Source: P.A. 102-1117, eff. 1-13-23.)
1839+16 Section 25. The Abortion Care Clinical Training Program
1840+17 Act is amended by changing Section 16-15 as follows:
1841+18 (410 ILCS 185/16-15)
1842+19 Sec. 16-15. Program administration and reporting.
1843+20 (a) Subject to appropriation to the Fund, the Department
1844+21 shall contract with at least one coordinating organization to
1845+22 administer the Program. The Department shall use the Fund to
1846+23 contract with the coordinating organization.
1847+24 (b) A coordinating organization contracted by the
1848+
1849+
1850+
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1852+
1853+ SB1344 Enrolled - 52 - LRB103 28584 LNS 54965 b
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1858+1 Department to administer the Program shall:
1859+2 (1) submit an annual report to the Department
1860+3 regarding Program performance, including the number of
1861+4 participants enrolled, the demographics of Program
1862+5 participants, the number of participants who successfully
1863+6 complete the Program, the outcome of successful Program
1864+7 participants, and the level of involvement of the
1865+8 participants in providing abortion and other forms of
1866+9 reproductive health care in Illinois; and
1867+10 (2) meet any other requirements established by the
1868+11 Department that are not inconsistent with this Act.
1869+12 (c) The Department shall release the name of any
1870+13 coordinating organization it coordinates with and any entity
1871+14 receiving funds to assist in the implementation of this
1872+15 Program through the coordinating organization. The Department
1873+16 shall not release the name of any individual person or health
1874+17 care professional administering services through or
1875+18 participating in the Program. The Department shall, by rule,
1876+19 establish procedures to ensure that sensitive Program
1877+20 information, including any personal information and
1878+21 information that, if released, could endanger the life or
1879+22 physical safety of program participants, remains confidential.
1880+23 (d) Any coordinating organization or other entity
1881+24 receiving funds to implement this Program is subject to the
1882+25 requirements of the Grant Accountability and Transparency Act.
1883+26 (e) All reports received by the Department in accordance
1884+
1885+
1886+
1887+
1888+
1889+ SB1344 Enrolled - 53 - LRB103 28584 LNS 54965 b
1890+
1891+
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1893+ SB1344 Enrolled - 54 - LRB103 28584 LNS 54965 b
1894+1 with this Section shall be treated as confidential and exempt
1895+2 from the Freedom of Information Act.
1896+3 (Source: P.A. 102-1117, eff. 1-13-23.)
1897+4 Section 95. No acceleration or delay. Where this Act makes
1898+5 changes in a statute that is represented in this Act by text
1899+6 that is not yet or no longer in effect (for example, a Section
1900+7 represented by multiple versions), the use of that text does
1901+8 not accelerate or delay the taking effect of (i) the changes
1902+9 made by this Act or (ii) provisions derived from any other
1903+10 Public Act.
1904+11 Section 99. Effective date. This Act takes effect upon
1905+12 becoming law.
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