Illinois 2025-2026 Regular Session

Illinois House Bill HB3435 Compare Versions

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1-HB3435 EngrossedLRB104 11153 BAB 21235 b HB3435 Engrossed LRB104 11153 BAB 21235 b
2- HB3435 Engrossed LRB104 11153 BAB 21235 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3435 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: 5 ILCS 140/7210 ILCS 160/5210 ILCS 160/15210 ILCS 160/20210 ILCS 160/25.1 new210 ILCS 160/25.2 new210 ILCS 160/25.3 new210 ILCS 160/40 new Amends the Health Care Violence Prevention Act. Makes changes to defined terms. In provisions concerning workplace safety, provides that a health care worker may not be discouraged from contacting law enforcement or the Department of Public Health regarding workplace violence, and a health care provider may not hold a policy that limits such contact. Adds additional requirements to the workplace violence prevention program, including reporting requirements and identifying the need for additional security and alarms, adequate exit routes, monitoring systems, barrier protections, lighting, entry procedures, and systems to identify and flag persons who have previously committed violent acts in the health care provider space. Sets forth provisions concerning violent incident investigations, and recordkeeping and reporting requirements for health care providers regarding violent incidents. Establishes penalties for failure to comply with the Act. Amends the Freedom of Information Act. Exempts from public disclosure workplace violence records maintained by health care providers as required under a specified provision of the Health Care Violence Prevention Act. LRB104 11153 BAB 21235 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3435 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: 5 ILCS 140/7210 ILCS 160/5210 ILCS 160/15210 ILCS 160/20210 ILCS 160/25.1 new210 ILCS 160/25.2 new210 ILCS 160/25.3 new210 ILCS 160/40 new 5 ILCS 140/7 210 ILCS 160/5 210 ILCS 160/15 210 ILCS 160/20 210 ILCS 160/25.1 new 210 ILCS 160/25.2 new 210 ILCS 160/25.3 new 210 ILCS 160/40 new Amends the Health Care Violence Prevention Act. Makes changes to defined terms. In provisions concerning workplace safety, provides that a health care worker may not be discouraged from contacting law enforcement or the Department of Public Health regarding workplace violence, and a health care provider may not hold a policy that limits such contact. Adds additional requirements to the workplace violence prevention program, including reporting requirements and identifying the need for additional security and alarms, adequate exit routes, monitoring systems, barrier protections, lighting, entry procedures, and systems to identify and flag persons who have previously committed violent acts in the health care provider space. Sets forth provisions concerning violent incident investigations, and recordkeeping and reporting requirements for health care providers regarding violent incidents. Establishes penalties for failure to comply with the Act. Amends the Freedom of Information Act. Exempts from public disclosure workplace violence records maintained by health care providers as required under a specified provision of the Health Care Violence Prevention Act. LRB104 11153 BAB 21235 b LRB104 11153 BAB 21235 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3435 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED:
3+5 ILCS 140/7210 ILCS 160/5210 ILCS 160/15210 ILCS 160/20210 ILCS 160/25.1 new210 ILCS 160/25.2 new210 ILCS 160/25.3 new210 ILCS 160/40 new 5 ILCS 140/7 210 ILCS 160/5 210 ILCS 160/15 210 ILCS 160/20 210 ILCS 160/25.1 new 210 ILCS 160/25.2 new 210 ILCS 160/25.3 new 210 ILCS 160/40 new
4+5 ILCS 140/7
5+210 ILCS 160/5
6+210 ILCS 160/15
7+210 ILCS 160/20
8+210 ILCS 160/25.1 new
9+210 ILCS 160/25.2 new
10+210 ILCS 160/25.3 new
11+210 ILCS 160/40 new
12+Amends the Health Care Violence Prevention Act. Makes changes to defined terms. In provisions concerning workplace safety, provides that a health care worker may not be discouraged from contacting law enforcement or the Department of Public Health regarding workplace violence, and a health care provider may not hold a policy that limits such contact. Adds additional requirements to the workplace violence prevention program, including reporting requirements and identifying the need for additional security and alarms, adequate exit routes, monitoring systems, barrier protections, lighting, entry procedures, and systems to identify and flag persons who have previously committed violent acts in the health care provider space. Sets forth provisions concerning violent incident investigations, and recordkeeping and reporting requirements for health care providers regarding violent incidents. Establishes penalties for failure to comply with the Act. Amends the Freedom of Information Act. Exempts from public disclosure workplace violence records maintained by health care providers as required under a specified provision of the Health Care Violence Prevention Act.
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15+A BILL FOR
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17+ HB3435 LRB104 11153 BAB 21235 b
318 1 AN ACT concerning regulation.
419 2 Be it enacted by the People of the State of Illinois,
520 3 represented in the General Assembly:
6-4 Section 5. The Uniform Emergency Volunteer Health
7-5 Practitioners Act is amended by changing Section 6 as follows:
8-6 (225 ILCS 140/6)
9-7 Sec. 6. Recognition of volunteer health practitioners
10-8 licensed in other states.
11-9 (a) While an emergency declaration is in effect, a
12-10 volunteer health practitioner, registered with a registration
13-11 system that complies with Section 5 and licensed and in good
14-12 standing in the state upon which the practitioner's
15-13 registration is based, may practice in this State to the
16-14 extent authorized by this Act as if the practitioner were
17-15 licensed in this State. If a state licensed health or mental
18-16 health professional with a valid license from another state or
19-17 territory is operating under the auspices of the American Red
20-18 Cross, the professional may practice in this State to the
21-19 extent authorized by this Act as if the practitioner were
22-20 licensed in this State, regardless of whether an emergency
23-21 declaration is in effect.
24-22 (b) A volunteer health practitioner qualified under
25-23 subsection (a) is not entitled to the protections of this Act
21+4 Section 1. The Freedom of Information Act is amended by
22+5 changing Section 7 as follows:
23+6 (5 ILCS 140/7)
24+7 Sec. 7. Exemptions.
25+8 (1) When a request is made to inspect or copy a public
26+9 record that contains information that is exempt from
27+10 disclosure under this Section, but also contains information
28+11 that is not exempt from disclosure, the public body may elect
29+12 to redact the information that is exempt. The public body
30+13 shall make the remaining information available for inspection
31+14 and copying. Subject to this requirement, the following shall
32+15 be exempt from inspection and copying:
33+16 (a) Information specifically prohibited from
34+17 disclosure by federal or State law or rules and
35+18 regulations implementing federal or State law.
36+19 (b) Private information, unless disclosure is required
37+20 by another provision of this Act, a State or federal law,
38+21 or a court order.
39+22 (b-5) Files, documents, and other data or databases
40+23 maintained by one or more law enforcement agencies and
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34-1 if any license of the practitioner is suspended, revoked, or
35-2 subject to an agency order limiting or restricting practice
36-3 privileges, or has been voluntarily terminated under threat of
37-4 sanction.
38-5 (Source: P.A. 96-983, eff. 1-1-11.)
44+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3435 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED:
45+5 ILCS 140/7210 ILCS 160/5210 ILCS 160/15210 ILCS 160/20210 ILCS 160/25.1 new210 ILCS 160/25.2 new210 ILCS 160/25.3 new210 ILCS 160/40 new 5 ILCS 140/7 210 ILCS 160/5 210 ILCS 160/15 210 ILCS 160/20 210 ILCS 160/25.1 new 210 ILCS 160/25.2 new 210 ILCS 160/25.3 new 210 ILCS 160/40 new
46+5 ILCS 140/7
47+210 ILCS 160/5
48+210 ILCS 160/15
49+210 ILCS 160/20
50+210 ILCS 160/25.1 new
51+210 ILCS 160/25.2 new
52+210 ILCS 160/25.3 new
53+210 ILCS 160/40 new
54+Amends the Health Care Violence Prevention Act. Makes changes to defined terms. In provisions concerning workplace safety, provides that a health care worker may not be discouraged from contacting law enforcement or the Department of Public Health regarding workplace violence, and a health care provider may not hold a policy that limits such contact. Adds additional requirements to the workplace violence prevention program, including reporting requirements and identifying the need for additional security and alarms, adequate exit routes, monitoring systems, barrier protections, lighting, entry procedures, and systems to identify and flag persons who have previously committed violent acts in the health care provider space. Sets forth provisions concerning violent incident investigations, and recordkeeping and reporting requirements for health care providers regarding violent incidents. Establishes penalties for failure to comply with the Act. Amends the Freedom of Information Act. Exempts from public disclosure workplace violence records maintained by health care providers as required under a specified provision of the Health Care Violence Prevention Act.
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57+A BILL FOR
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63+5 ILCS 140/7
64+210 ILCS 160/5
65+210 ILCS 160/15
66+210 ILCS 160/20
67+210 ILCS 160/25.1 new
68+210 ILCS 160/25.2 new
69+210 ILCS 160/25.3 new
70+210 ILCS 160/40 new
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89+1 specifically designed to provide information to one or
90+2 more law enforcement agencies regarding the physical or
91+3 mental status of one or more individual subjects.
92+4 (c) Personal information contained within public
93+5 records, the disclosure of which would constitute a
94+6 clearly unwarranted invasion of personal privacy, unless
95+7 the disclosure is consented to in writing by the
96+8 individual subjects of the information. "Unwarranted
97+9 invasion of personal privacy" means the disclosure of
98+10 information that is highly personal or objectionable to a
99+11 reasonable person and in which the subject's right to
100+12 privacy outweighs any legitimate public interest in
101+13 obtaining the information. The disclosure of information
102+14 that bears on the public duties of public employees and
103+15 officials shall not be considered an invasion of personal
104+16 privacy.
105+17 (d) Records in the possession of any public body
106+18 created in the course of administrative enforcement
107+19 proceedings, and any law enforcement or correctional
108+20 agency for law enforcement purposes, but only to the
109+21 extent that disclosure would:
110+22 (i) interfere with pending or actually and
111+23 reasonably contemplated law enforcement proceedings
112+24 conducted by any law enforcement or correctional
113+25 agency that is the recipient of the request;
114+26 (ii) interfere with active administrative
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125+1 enforcement proceedings conducted by the public body
126+2 that is the recipient of the request;
127+3 (iii) create a substantial likelihood that a
128+4 person will be deprived of a fair trial or an impartial
129+5 hearing;
130+6 (iv) unavoidably disclose the identity of a
131+7 confidential source, confidential information
132+8 furnished only by the confidential source, or persons
133+9 who file complaints with or provide information to
134+10 administrative, investigative, law enforcement, or
135+11 penal agencies; except that the identities of
136+12 witnesses to traffic crashes, traffic crash reports,
137+13 and rescue reports shall be provided by agencies of
138+14 local government, except when disclosure would
139+15 interfere with an active criminal investigation
140+16 conducted by the agency that is the recipient of the
141+17 request;
142+18 (v) disclose unique or specialized investigative
143+19 techniques other than those generally used and known
144+20 or disclose internal documents of correctional
145+21 agencies related to detection, observation, or
146+22 investigation of incidents of crime or misconduct, and
147+23 disclosure would result in demonstrable harm to the
148+24 agency or public body that is the recipient of the
149+25 request;
150+26 (vi) endanger the life or physical safety of law
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161+1 enforcement personnel or any other person; or
162+2 (vii) obstruct an ongoing criminal investigation
163+3 by the agency that is the recipient of the request.
164+4 (d-5) A law enforcement record created for law
165+5 enforcement purposes and contained in a shared electronic
166+6 record management system if the law enforcement agency
167+7 that is the recipient of the request did not create the
168+8 record, did not participate in or have a role in any of the
169+9 events which are the subject of the record, and only has
170+10 access to the record through the shared electronic record
171+11 management system.
172+12 (d-6) Records contained in the Officer Professional
173+13 Conduct Database under Section 9.2 of the Illinois Police
174+14 Training Act, except to the extent authorized under that
175+15 Section. This includes the documents supplied to the
176+16 Illinois Law Enforcement Training Standards Board from the
177+17 Illinois State Police and Illinois State Police Merit
178+18 Board.
179+19 (d-7) Information gathered or records created from the
180+20 use of automatic license plate readers in connection with
181+21 Section 2-130 of the Illinois Vehicle Code.
182+22 (e) Records that relate to or affect the security of
183+23 correctional institutions and detention facilities.
184+24 (e-5) Records requested by persons committed to the
185+25 Department of Corrections, Department of Human Services
186+26 Division of Mental Health, or a county jail if those
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197+1 materials are available in the library of the correctional
198+2 institution or facility or jail where the inmate is
199+3 confined.
200+4 (e-6) Records requested by persons committed to the
201+5 Department of Corrections, Department of Human Services
202+6 Division of Mental Health, or a county jail if those
203+7 materials include records from staff members' personnel
204+8 files, staff rosters, or other staffing assignment
205+9 information.
206+10 (e-7) Records requested by persons committed to the
207+11 Department of Corrections or Department of Human Services
208+12 Division of Mental Health if those materials are available
209+13 through an administrative request to the Department of
210+14 Corrections or Department of Human Services Division of
211+15 Mental Health.
212+16 (e-8) Records requested by a person committed to the
213+17 Department of Corrections, Department of Human Services
214+18 Division of Mental Health, or a county jail, the
215+19 disclosure of which would result in the risk of harm to any
216+20 person or the risk of an escape from a jail or correctional
217+21 institution or facility.
218+22 (e-9) Records requested by a person in a county jail
219+23 or committed to the Department of Corrections or
220+24 Department of Human Services Division of Mental Health,
221+25 containing personal information pertaining to the person's
222+26 victim or the victim's family, including, but not limited
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233+1 to, a victim's home address, home telephone number, work
234+2 or school address, work telephone number, social security
235+3 number, or any other identifying information, except as
236+4 may be relevant to a requester's current or potential case
237+5 or claim.
238+6 (e-10) Law enforcement records of other persons
239+7 requested by a person committed to the Department of
240+8 Corrections, Department of Human Services Division of
241+9 Mental Health, or a county jail, including, but not
242+10 limited to, arrest and booking records, mug shots, and
243+11 crime scene photographs, except as these records may be
244+12 relevant to the requester's current or potential case or
245+13 claim.
246+14 (f) Preliminary drafts, notes, recommendations,
247+15 memoranda, and other records in which opinions are
248+16 expressed, or policies or actions are formulated, except
249+17 that a specific record or relevant portion of a record
250+18 shall not be exempt when the record is publicly cited and
251+19 identified by the head of the public body. The exemption
252+20 provided in this paragraph (f) extends to all those
253+21 records of officers and agencies of the General Assembly
254+22 that pertain to the preparation of legislative documents.
255+23 (g) Trade secrets and commercial or financial
256+24 information obtained from a person or business where the
257+25 trade secrets or commercial or financial information are
258+26 furnished under a claim that they are proprietary,
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269+1 privileged, or confidential, and that disclosure of the
270+2 trade secrets or commercial or financial information would
271+3 cause competitive harm to the person or business, and only
272+4 insofar as the claim directly applies to the records
273+5 requested.
274+6 The information included under this exemption includes
275+7 all trade secrets and commercial or financial information
276+8 obtained by a public body, including a public pension
277+9 fund, from a private equity fund or a privately held
278+10 company within the investment portfolio of a private
279+11 equity fund as a result of either investing or evaluating
280+12 a potential investment of public funds in a private equity
281+13 fund. The exemption contained in this item does not apply
282+14 to the aggregate financial performance information of a
283+15 private equity fund, nor to the identity of the fund's
284+16 managers or general partners. The exemption contained in
285+17 this item does not apply to the identity of a privately
286+18 held company within the investment portfolio of a private
287+19 equity fund, unless the disclosure of the identity of a
288+20 privately held company may cause competitive harm.
289+21 Nothing contained in this paragraph (g) shall be
290+22 construed to prevent a person or business from consenting
291+23 to disclosure.
292+24 (h) Proposals and bids for any contract, grant, or
293+25 agreement, including information which if it were
294+26 disclosed would frustrate procurement or give an advantage
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305+1 to any person proposing to enter into a contractor
306+2 agreement with the body, until an award or final selection
307+3 is made. Information prepared by or for the body in
308+4 preparation of a bid solicitation shall be exempt until an
309+5 award or final selection is made.
310+6 (i) Valuable formulae, computer geographic systems,
311+7 designs, drawings, and research data obtained or produced
312+8 by any public body when disclosure could reasonably be
313+9 expected to produce private gain or public loss. The
314+10 exemption for "computer geographic systems" provided in
315+11 this paragraph (i) does not extend to requests made by
316+12 news media as defined in Section 2 of this Act when the
317+13 requested information is not otherwise exempt and the only
318+14 purpose of the request is to access and disseminate
319+15 information regarding the health, safety, welfare, or
320+16 legal rights of the general public.
321+17 (j) The following information pertaining to
322+18 educational matters:
323+19 (i) test questions, scoring keys, and other
324+20 examination data used to administer an academic
325+21 examination;
326+22 (ii) information received by a primary or
327+23 secondary school, college, or university under its
328+24 procedures for the evaluation of faculty members by
329+25 their academic peers;
330+26 (iii) information concerning a school or
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341+1 university's adjudication of student disciplinary
342+2 cases, but only to the extent that disclosure would
343+3 unavoidably reveal the identity of the student; and
344+4 (iv) course materials or research materials used
345+5 by faculty members.
346+6 (k) Architects' plans, engineers' technical
347+7 submissions, and other construction related technical
348+8 documents for projects not constructed or developed in
349+9 whole or in part with public funds and the same for
350+10 projects constructed or developed with public funds,
351+11 including, but not limited to, power generating and
352+12 distribution stations and other transmission and
353+13 distribution facilities, water treatment facilities,
354+14 airport facilities, sport stadiums, convention centers,
355+15 and all government owned, operated, or occupied buildings,
356+16 but only to the extent that disclosure would compromise
357+17 security.
358+18 (l) Minutes of meetings of public bodies closed to the
359+19 public as provided in the Open Meetings Act until the
360+20 public body makes the minutes available to the public
361+21 under Section 2.06 of the Open Meetings Act.
362+22 (m) Communications between a public body and an
363+23 attorney or auditor representing the public body that
364+24 would not be subject to discovery in litigation, and
365+25 materials prepared or compiled by or for a public body in
366+26 anticipation of a criminal, civil, or administrative
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377+1 proceeding upon the request of an attorney advising the
378+2 public body, and materials prepared or compiled with
379+3 respect to internal audits of public bodies.
380+4 (n) Records relating to a public body's adjudication
381+5 of employee grievances or disciplinary cases; however,
382+6 this exemption shall not extend to the final outcome of
383+7 cases in which discipline is imposed.
384+8 (o) Administrative or technical information associated
385+9 with automated data processing operations, including, but
386+10 not limited to, software, operating protocols, computer
387+11 program abstracts, file layouts, source listings, object
388+12 modules, load modules, user guides, documentation
389+13 pertaining to all logical and physical design of
390+14 computerized systems, employee manuals, and any other
391+15 information that, if disclosed, would jeopardize the
392+16 security of the system or its data or the security of
393+17 materials exempt under this Section.
394+18 (p) Records relating to collective negotiating matters
395+19 between public bodies and their employees or
396+20 representatives, except that any final contract or
397+21 agreement shall be subject to inspection and copying.
398+22 (q) Test questions, scoring keys, and other
399+23 examination data used to determine the qualifications of
400+24 an applicant for a license or employment.
401+25 (r) The records, documents, and information relating
402+26 to real estate purchase negotiations until those
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413+1 negotiations have been completed or otherwise terminated.
414+2 With regard to a parcel involved in a pending or actually
415+3 and reasonably contemplated eminent domain proceeding
416+4 under the Eminent Domain Act, records, documents, and
417+5 information relating to that parcel shall be exempt except
418+6 as may be allowed under discovery rules adopted by the
419+7 Illinois Supreme Court. The records, documents, and
420+8 information relating to a real estate sale shall be exempt
421+9 until a sale is consummated.
422+10 (s) Any and all proprietary information and records
423+11 related to the operation of an intergovernmental risk
424+12 management association or self-insurance pool or jointly
425+13 self-administered health and accident cooperative or pool.
426+14 Insurance or self-insurance (including any
427+15 intergovernmental risk management association or
428+16 self-insurance pool) claims, loss or risk management
429+17 information, records, data, advice, or communications.
430+18 (t) Information contained in or related to
431+19 examination, operating, or condition reports prepared by,
432+20 on behalf of, or for the use of a public body responsible
433+21 for the regulation or supervision of financial
434+22 institutions, insurance companies, or pharmacy benefit
435+23 managers, unless disclosure is otherwise required by State
436+24 law.
437+25 (u) Information that would disclose or might lead to
438+26 the disclosure of secret or confidential information,
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449+1 codes, algorithms, programs, or private keys intended to
450+2 be used to create electronic signatures under the Uniform
451+3 Electronic Transactions Act.
452+4 (v) Vulnerability assessments, security measures, and
453+5 response policies or plans that are designed to identify,
454+6 prevent, or respond to potential attacks upon a
455+7 community's population or systems, facilities, or
456+8 installations, but only to the extent that disclosure
457+9 could reasonably be expected to expose the vulnerability
458+10 or jeopardize the effectiveness of the measures, policies,
459+11 or plans, or the safety of the personnel who implement
460+12 them or the public. Information exempt under this item may
461+13 include such things as details pertaining to the
462+14 mobilization or deployment of personnel or equipment, to
463+15 the operation of communication systems or protocols, to
464+16 cybersecurity vulnerabilities, or to tactical operations.
465+17 (w) (Blank).
466+18 (x) Maps and other records regarding the location or
467+19 security of generation, transmission, distribution,
468+20 storage, gathering, treatment, or switching facilities
469+21 owned by a utility, by a power generator, or by the
470+22 Illinois Power Agency.
471+23 (y) Information contained in or related to proposals,
472+24 bids, or negotiations related to electric power
473+25 procurement under Section 1-75 of the Illinois Power
474+26 Agency Act and Section 16-111.5 of the Public Utilities
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485+1 Act that is determined to be confidential and proprietary
486+2 by the Illinois Power Agency or by the Illinois Commerce
487+3 Commission.
488+4 (z) Information about students exempted from
489+5 disclosure under Section 10-20.38 or 34-18.29 of the
490+6 School Code, and information about undergraduate students
491+7 enrolled at an institution of higher education exempted
492+8 from disclosure under Section 25 of the Illinois Credit
493+9 Card Marketing Act of 2009.
494+10 (aa) Information the disclosure of which is exempted
495+11 under the Viatical Settlements Act of 2009.
496+12 (bb) Records and information provided to a mortality
497+13 review team and records maintained by a mortality review
498+14 team appointed under the Department of Juvenile Justice
499+15 Mortality Review Team Act.
500+16 (cc) Information regarding interments, entombments, or
501+17 inurnments of human remains that are submitted to the
502+18 Cemetery Oversight Database under the Cemetery Care Act or
503+19 the Cemetery Oversight Act, whichever is applicable.
504+20 (dd) Correspondence and records (i) that may not be
505+21 disclosed under Section 11-9 of the Illinois Public Aid
506+22 Code or (ii) that pertain to appeals under Section 11-8 of
507+23 the Illinois Public Aid Code.
508+24 (ee) The names, addresses, or other personal
509+25 information of persons who are minors and are also
510+26 participants and registrants in programs of park
511+
512+
513+
514+
515+
516+ HB3435 - 13 - LRB104 11153 BAB 21235 b
517+
518+
519+HB3435- 14 -LRB104 11153 BAB 21235 b HB3435 - 14 - LRB104 11153 BAB 21235 b
520+ HB3435 - 14 - LRB104 11153 BAB 21235 b
521+1 districts, forest preserve districts, conservation
522+2 districts, recreation agencies, and special recreation
523+3 associations.
524+4 (ff) The names, addresses, or other personal
525+5 information of participants and registrants in programs of
526+6 park districts, forest preserve districts, conservation
527+7 districts, recreation agencies, and special recreation
528+8 associations where such programs are targeted primarily to
529+9 minors.
530+10 (gg) Confidential information described in Section
531+11 1-100 of the Illinois Independent Tax Tribunal Act of
532+12 2012.
533+13 (hh) The report submitted to the State Board of
534+14 Education by the School Security and Standards Task Force
535+15 under item (8) of subsection (d) of Section 2-3.160 of the
536+16 School Code and any information contained in that report.
537+17 (ii) Records requested by persons committed to or
538+18 detained by the Department of Human Services under the
539+19 Sexually Violent Persons Commitment Act or committed to
540+20 the Department of Corrections under the Sexually Dangerous
541+21 Persons Act if those materials: (i) are available in the
542+22 library of the facility where the individual is confined;
543+23 (ii) include records from staff members' personnel files,
544+24 staff rosters, or other staffing assignment information;
545+25 or (iii) are available through an administrative request
546+26 to the Department of Human Services or the Department of
547+
548+
549+
550+
551+
552+ HB3435 - 14 - LRB104 11153 BAB 21235 b
553+
554+
555+HB3435- 15 -LRB104 11153 BAB 21235 b HB3435 - 15 - LRB104 11153 BAB 21235 b
556+ HB3435 - 15 - LRB104 11153 BAB 21235 b
557+1 Corrections.
558+2 (jj) Confidential information described in Section
559+3 5-535 of the Civil Administrative Code of Illinois.
560+4 (kk) The public body's credit card numbers, debit card
561+5 numbers, bank account numbers, Federal Employer
562+6 Identification Number, security code numbers, passwords,
563+7 and similar account information, the disclosure of which
564+8 could result in identity theft or impression or defrauding
565+9 of a governmental entity or a person.
566+10 (ll) Records concerning the work of the threat
567+11 assessment team of a school district, including, but not
568+12 limited to, any threat assessment procedure under the
569+13 School Safety Drill Act and any information contained in
570+14 the procedure.
571+15 (mm) Information prohibited from being disclosed under
572+16 subsections (a) and (b) of Section 15 of the Student
573+17 Confidential Reporting Act.
574+18 (nn) Proprietary information submitted to the
575+19 Environmental Protection Agency under the Drug Take-Back
576+20 Act.
577+21 (oo) Records described in subsection (f) of Section
578+22 3-5-1 of the Unified Code of Corrections.
579+23 (pp) Any and all information regarding burials,
580+24 interments, or entombments of human remains as required to
581+25 be reported to the Department of Natural Resources
582+26 pursuant either to the Archaeological and Paleontological
583+
584+
585+
586+
587+
588+ HB3435 - 15 - LRB104 11153 BAB 21235 b
589+
590+
591+HB3435- 16 -LRB104 11153 BAB 21235 b HB3435 - 16 - LRB104 11153 BAB 21235 b
592+ HB3435 - 16 - LRB104 11153 BAB 21235 b
593+1 Resources Protection Act or the Human Remains Protection
594+2 Act.
595+3 (qq) Reports described in subsection (e) of Section
596+4 16-15 of the Abortion Care Clinical Training Program Act.
597+5 (rr) Information obtained by a certified local health
598+6 department under the Access to Public Health Data Act.
599+7 (ss) For a request directed to a public body that is
600+8 also a HIPAA-covered entity, all information that is
601+9 protected health information, including demographic
602+10 information, that may be contained within or extracted
603+11 from any record held by the public body in compliance with
604+12 State and federal medical privacy laws and regulations,
605+13 including, but not limited to, the Health Insurance
606+14 Portability and Accountability Act and its regulations, 45
607+15 CFR Parts 160 and 164. As used in this paragraph,
608+16 "HIPAA-covered entity" has the meaning given to the term
609+17 "covered entity" in 45 CFR 160.103 and "protected health
610+18 information" has the meaning given to that term in 45 CFR
611+19 160.103.
612+20 (tt) Proposals or bids submitted by engineering
613+21 consultants in response to requests for proposal or other
614+22 competitive bidding requests by the Department of
615+23 Transportation or the Illinois Toll Highway Authority.
616+24 (uu) Records described in Section 25.2 of the Health
617+25 Care Violence Prevention Act.
618+26 (1.5) Any information exempt from disclosure under the
619+
620+
621+
622+
623+
624+ HB3435 - 16 - LRB104 11153 BAB 21235 b
625+
626+
627+HB3435- 17 -LRB104 11153 BAB 21235 b HB3435 - 17 - LRB104 11153 BAB 21235 b
628+ HB3435 - 17 - LRB104 11153 BAB 21235 b
629+1 Judicial Privacy Act shall be redacted from public records
630+2 prior to disclosure under this Act.
631+3 (2) A public record that is not in the possession of a
632+4 public body but is in the possession of a party with whom the
633+5 agency has contracted to perform a governmental function on
634+6 behalf of the public body, and that directly relates to the
635+7 governmental function and is not otherwise exempt under this
636+8 Act, shall be considered a public record of the public body,
637+9 for purposes of this Act.
638+10 (3) This Section does not authorize withholding of
639+11 information or limit the availability of records to the
640+12 public, except as stated in this Section or otherwise provided
641+13 in this Act.
642+14 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
643+15 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
644+16 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
645+17 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
646+18 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
647+19 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
648+20 eff. 7-1-24; 103-865, eff. 1-1-25.)
649+21 Section 5. The Health Care Violence Prevention Act is
650+22 amended by changing Sections 5, 15, and 20 and by adding
651+23 Sections 25.1, 25.2, 25.3, and 40 as follows:
652+24 (210 ILCS 160/5)
653+
654+
655+
656+
657+
658+ HB3435 - 17 - LRB104 11153 BAB 21235 b
659+
660+
661+HB3435- 18 -LRB104 11153 BAB 21235 b HB3435 - 18 - LRB104 11153 BAB 21235 b
662+ HB3435 - 18 - LRB104 11153 BAB 21235 b
663+1 Sec. 5. Definitions. As used in this Act:
664+2 "Committed person" means a person who is in the custody of
665+3 or under the control of a custodial agency, including, but not
666+4 limited to, a person who is incarcerated, under arrest,
667+5 detained, or otherwise under the physical control of a
668+6 custodial agency.
669+7 "Custodial agency" means the Illinois Department of
670+8 Corrections, the Illinois State Police, the sheriff of a
671+9 county, a county jail, a correctional institution, or any
672+10 other State agency, municipality, or unit of local government
673+11 that employs personnel designated as police, peace officers,
674+12 wardens, corrections officers, or guards or that employs
675+13 personnel vested by law with the power to place or maintain a
676+14 person in custody.
677+15 "Department" means the Department of Public Health.
678+16 "Health care provider" means a retail health care
679+17 facility, a hospital or hospital affiliate subject to the
680+18 Hospital Licensing Act or the University of Illinois Hospital
681+19 Act, an ambulatory surgical treatment center subject to the
682+20 Ambulatory Surgical Treatment Center Act, or a veterans home
683+21 as defined in the Department of Veterans' Affairs Act.
684+22 "Health care worker" means nursing assistants and other
685+23 support personnel, any individual licensed under the laws of
686+24 this State to provide health services, including but not
687+25 limited to: dentists licensed under the Illinois Dental
688+26 Practice Act; dental hygienists licensed under the Illinois
689+
690+
691+
692+
693+
694+ HB3435 - 18 - LRB104 11153 BAB 21235 b
695+
696+
697+HB3435- 19 -LRB104 11153 BAB 21235 b HB3435 - 19 - LRB104 11153 BAB 21235 b
698+ HB3435 - 19 - LRB104 11153 BAB 21235 b
699+1 Dental Practice Act; nurses and advanced practice registered
700+2 nurses licensed under the Nurse Practice Act; occupational
701+3 therapists licensed under the Illinois Occupational Therapy
702+4 Practice Act; optometrists licensed under the Illinois
703+5 Optometric Practice Act of 1987; pharmacists licensed under
704+6 the Pharmacy Practice Act; physical therapists licensed under
705+7 the Illinois Physical Therapy Act; physicians licensed under
706+8 the Medical Practice Act of 1987; physician assistants
707+9 licensed under the Physician Assistant Practice Act of 1987;
708+10 podiatric physicians licensed under the Podiatric Medical
709+11 Practice Act of 1987; clinical psychologists licensed under
710+12 the Clinical Psychologist Licensing Act; clinical social
711+13 workers licensed under the Clinical Social Work and Social
712+14 Work Practice Act; speech-language pathologists and
713+15 audiologists licensed under the Illinois Speech-Language
714+16 Pathology and Audiology Practice Act; or hearing instrument
715+17 dispensers licensed under the Hearing Instrument Consumer
716+18 Protection Act, or any of their successor Acts.
717+19 "Nurse" means a person who is licensed to practice nursing
718+20 under the Nurse Practice Act.
719+21 "Retail health care facility" means an institution, place,
720+22 or building, or any portion thereof, that:
721+23 (1) is devoted to the maintenance and operation of a
722+24 facility for the performance of health care services and
723+25 is located within a retail store at a specific location;
724+26 (2) does not provide surgical services or any form of
725+
726+
727+
728+
729+
730+ HB3435 - 19 - LRB104 11153 BAB 21235 b
731+
732+
733+HB3435- 20 -LRB104 11153 BAB 21235 b HB3435 - 20 - LRB104 11153 BAB 21235 b
734+ HB3435 - 20 - LRB104 11153 BAB 21235 b
735+1 general anesthesia;
736+2 (3) does not provide beds or other accommodations for
737+3 either the long-term or overnight stay of patients; and
738+4 (4) discharges individual patients in an ambulatory
739+5 condition without danger to the continued well-being of
740+6 the patients and transfers non-ambulatory patients to
741+7 hospitals.
742+8 "Retail health care facility" does not include hospitals,
743+9 long-term care facilities, ambulatory surgical treatment
744+10 centers, blood banks, clinical laboratories, offices of
745+11 physicians, advanced practice registered nurses, podiatrists,
746+12 and physician assistants, and pharmacies that provide limited
747+13 health care services.
748+14 "Workplace violence" means any act of violence or threat
749+15 of violence against a health care worker, without regard to
750+16 intent, that occurs on the premises of a health care
751+17 provider's facility.
752+18 (Source: P.A. 100-1051, eff. 1-1-19.)
753+19 (210 ILCS 160/15)
754+20 Sec. 15. Workplace safety.
755+21 (a) A health care worker who contacts law enforcement or
756+22 files a report with law enforcement against a patient or
757+23 individual because of workplace violence shall provide notice
758+24 to management of the health care provider by which he or she is
759+25 employed within 3 days after contacting law enforcement or
760+
761+
762+
763+
764+
765+ HB3435 - 20 - LRB104 11153 BAB 21235 b
766+
767+
768+HB3435- 21 -LRB104 11153 BAB 21235 b HB3435 - 21 - LRB104 11153 BAB 21235 b
769+ HB3435 - 21 - LRB104 11153 BAB 21235 b
770+1 filing the report.
771+2 (b) No management of a health care provider may discourage
772+3 a health care worker from exercising his or her right to
773+4 contact law enforcement or file a report with law enforcement
774+5 or the Department because of workplace violence.
775+6 (c) A health care provider that employs a health care
776+7 worker shall display a notice, either by physical or
777+8 electronic means, stating that verbal aggression will not be
778+9 tolerated and physical assault will be reported to law
779+10 enforcement.
780+11 (d) The health care provider shall offer immediate
781+12 post-incident services for a health care worker directly
782+13 involved in a workplace violence incident caused by patients
783+14 or their visitors, including acute treatment and access to
784+15 psychological evaluation.
785+16 (e) No health care provider may maintain a policy that
786+17 limits the type of workplace violence about which a health
787+18 care worker may contact law enforcement or file a report with
788+19 law enforcement or the Department.
789+20 (Source: P.A. 102-4, eff. 4-27-21.)
790+21 (210 ILCS 160/20)
791+22 Sec. 20. Workplace violence prevention program.
792+23 (a) Each A health care provider, in consultation with the
793+24 provider's direct care employees or a representative of those
794+25 employees, shall create and implement a written a workplace
795+
796+
797+
798+
799+
800+ HB3435 - 21 - LRB104 11153 BAB 21235 b
801+
802+
803+HB3435- 22 -LRB104 11153 BAB 21235 b HB3435 - 22 - LRB104 11153 BAB 21235 b
804+ HB3435 - 22 - LRB104 11153 BAB 21235 b
805+1 violence prevention program that complies with the
806+2 Occupational Safety and Health Administration guidelines for
807+3 preventing workplace violence for health care and social
808+4 service workers as amended or updated by the Occupational
809+5 Safety and Health Administration.
810+6 (a-5) In addition, the workplace violence prevention
811+7 program shall include:
812+8 (1) the following classifications of workplace
813+9 violence as one of 4 possible types:
814+10 (A) "Type 1 violence" means workplace violence
815+11 committed by a person who has no legitimate business
816+12 at the work site and includes violent acts by anyone
817+13 who enters the workplace with the intent to commit a
818+14 crime.
819+15 (B) "Type 2 violence" means workplace violence
820+16 directed at employees by customers, clients, patients,
821+17 students, inmates, visitors, or other individuals
822+18 accompanying a patient.
823+19 (C) "Type 3 violence" means workplace violence
824+20 against an employee by a present or former employee,
825+21 supervisor, or manager.
826+22 (D) "Type 4 violence" means workplace violence
827+23 committed in the workplace by someone who does not
828+24 work there, but has or is known to have had a personal
829+25 relationship with an employee;
830+26 (2) management commitment and worker participation,
831+
832+
833+
834+
835+
836+ HB3435 - 22 - LRB104 11153 BAB 21235 b
837+
838+
839+HB3435- 23 -LRB104 11153 BAB 21235 b HB3435 - 23 - LRB104 11153 BAB 21235 b
840+ HB3435 - 23 - LRB104 11153 BAB 21235 b
841+1 including, but not limited to, nurses and physicians;
842+2 (3) worksite analysis and identification of potential
843+3 hazards, including identifying the need for additional
844+4 security and alarms, adequate exit routes, monitoring
845+5 systems, barrier protections, lighting, entry procedures,
846+6 and systems to identify and flag persons who have
847+7 previously committed violent acts in the health care
848+8 provider space;
849+9 (4) hazard prevention and control;
850+10 (5) safety and health training with required hours
851+11 determined by rule; and
852+12 (6) recordkeeping and annual evaluation of the
853+13 violence prevention program. The workplace violence
854+14 prevention program shall be tailored to conditions and
855+15 hazards for each health care provider. Each plan shall
856+16 include procedures for the following:
857+17 (A) Identification of an employee or employees
858+18 responsible for implementation of the plan.
859+19 (B) Risk assessment and identification of areas
860+20 and units where employees and patients may be at
861+21 higher risk. Health care providers, in consultation
862+22 with direct care employees shall consider past violent
863+23 incidents.
864+24 (C) Implementation of a system for employees to
865+25 report workplace violence risks, hazards, and
866+26 incidents to the health care provider, law
867+
868+
869+
870+
871+
872+ HB3435 - 23 - LRB104 11153 BAB 21235 b
873+
874+
875+HB3435- 24 -LRB104 11153 BAB 21235 b HB3435 - 24 - LRB104 11153 BAB 21235 b
876+ HB3435 - 24 - LRB104 11153 BAB 21235 b
877+1 enforcement, or the Department.
878+2 (D) Post-incident investigation reports of
879+3 workplace violence available to employees and
880+4 representatives.
881+5 (E) Medical treatment to those affected employees
882+6 and patients.
883+7 (F) Providing information about available trauma
884+8 related counseling.
885+9 (G) Procedures for emergency response, including
886+10 procedures for threats of mass casualties and
887+11 procedures for incidents involving a dangerous weapon.
888+12 Each plan shall be available to the employees of a
889+13 health care provider.
890+14 (a-5) Any health care worker may make a report to the
891+15 Department or to a law enforcement officer if they have
892+16 experienced or witnessed a workplace violence.
893+17 (a-10) A health care provider shall submit the proposed
894+18 workplace violence prevention program to the Department for
895+19 its approval.
896+20 (b) The Department of Public Health may by rule adopt
897+21 additional criteria for workplace violence prevention
898+22 programs.
899+23 (Source: P.A. 100-1051, eff. 1-1-19; 101-81, eff. 7-12-19.)
900+24 (210 ILCS 160/25.1 new)
901+25 Sec. 25.1. Violent incident investigation.
902+
903+
904+
905+
906+
907+ HB3435 - 24 - LRB104 11153 BAB 21235 b
908+
909+
910+HB3435- 25 -LRB104 11153 BAB 21235 b HB3435 - 25 - LRB104 11153 BAB 21235 b
911+ HB3435 - 25 - LRB104 11153 BAB 21235 b
912+1 (a) Within 48 hours of a becoming aware of a workplace
913+2 violence incident or threat of an incident the health care
914+3 provider shall initiate an investigation into the incident,
915+4 risk, or hazard, and the employer shall:
916+5 (1) review the circumstances of the incident, risk, or
917+6 hazard, and whether any controls or measures implemented
918+7 under the plan of the employer were effective; and
919+8 (2) solicit input from involved employees, the
920+9 employee's representatives, and supervisors about the
921+10 cause of the incident, risk, or hazard, and whether
922+11 further corrective measures (including system-level
923+12 factors) could have prevented the incident, risk, or
924+13 hazard.
925+14 (b) A health care provider shall document the findings,
926+15 recommendations, and corrective measures taken for each
927+16 investigation conducted under this Section.
928+17 (210 ILCS 160/25.2 new)
929+18 Sec. 25.2. Recordkeeping.
930+19 (a) The Department shall by rule develop a template or
931+20 form for health care providers to use to log incidents of
932+21 workplace violence. The form should include, at a minimum:
933+22 (1) the violent incident (including environmental risk
934+23 factors present at the time of the incident);
935+24 (2) the date, time, and location of the incident and
936+25 the names and job titles of involved employees;
937+
938+
939+
940+
941+
942+ HB3435 - 25 - LRB104 11153 BAB 21235 b
943+
944+
945+HB3435- 26 -LRB104 11153 BAB 21235 b HB3435 - 26 - LRB104 11153 BAB 21235 b
946+ HB3435 - 26 - LRB104 11153 BAB 21235 b
947+1 (3) the nature and extent of injuries to employees and
948+2 patients that were impacted;
949+3 (4) a classification of the perpetrator who committed
950+4 the violence, including whether the perpetrator was:
951+5 (A) a patient, client, resident, or customer of a
952+6 covered employer;
953+7 (B) a family or friend of a patient, client,
954+8 resident, or customer of a covered employer;
955+9 (C) a stranger;
956+10 (D) a co-worker, supervisor, or manager of a
957+11 covered employee;
958+12 (E) a partner, spouse, parent, or relative of a
959+13 covered employee; or
960+14 (F) any other appropriate classification;
961+15 (5) the type of violent incident (such as type 1
962+16 violence, type 2 violence, type 3 violence, or type 4
963+17 violence); and
964+18 (6) how the incident was abated.
965+19 (b) Records maintained in accordance with this Section are
966+20 confidential and not subject to the Freedom of Information
967+21 Act.
968+22 (210 ILCS 160/25.3 new)
969+23 Sec. 25.3. Reporting.
970+24 (a) Each health care provider shall prepare and annually
971+25 submit to the Director a summary of each violent incident log
972+
973+
974+
975+
976+
977+ HB3435 - 26 - LRB104 11153 BAB 21235 b
978+
979+
980+HB3435- 27 -LRB104 11153 BAB 21235 b HB3435 - 27 - LRB104 11153 BAB 21235 b
981+ HB3435 - 27 - LRB104 11153 BAB 21235 b
982+1 for the preceding calendar year. The report, which will be
983+2 completed on a form provided by the Director, shall at a
984+3 minimum include:
985+4 (1) the total number of violent incidents;
986+5 (2) the number of recordable injuries related to such
987+6 incidents;
988+7 (3) the areas where the violent incident happened;
989+8 (4) the incident response and abatement measures
990+9 taken.
991+10 (b) The Department shall provide an annual report to the
992+11 General Assembly summarizing the reports received. The
993+12 Department shall also publish the report on its publicly
994+13 available website.
995+14 (210 ILCS 160/40 new)
996+15 Sec. 40. Penalties.
997+16 (a) Failure to submit workplace violence prevention
998+17 program within 6 months after the effective date of this
999+18 amendatory Act shall result in a penalty of $500 per day.
1000+19 (b) If the Department finds that a health care provider is
1001+20 in violation of this Act, the health care provider shall
1002+21 submit to the Department, for its approval, a plan of
1003+22 correction. If a health care provider violates an approved
1004+23 plan of correction within 6 months after its submission, the
1005+24 Department may impose a penalty on the health facility. For
1006+25 the first violation of an approved plan of correction, the
1007+
1008+
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1011+
1012+ HB3435 - 27 - LRB104 11153 BAB 21235 b
1013+
1014+
1015+HB3435- 28 -LRB104 11153 BAB 21235 b HB3435 - 28 - LRB104 11153 BAB 21235 b
1016+ HB3435 - 28 - LRB104 11153 BAB 21235 b
1017+
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1021+
1022+ HB3435 - 28 - LRB104 11153 BAB 21235 b