Text of IL HB 3243 (2025)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3243 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: See Index Creates the Illinois Abortion Law of 2025, with provisions similar to those of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as including provisions defining "viability" and "fetal heartbeat" and restricting the performance of an abortion to a patient who resides in the State. Creates the Partial-birth Abortion Ban Act of 2025 and the Abortion Performance Refusal Act of 2025, with provisions similar to those of the Partial-birth Abortion Ban Act and the Abortion Performance Refusal Act before their repeal by Public Act 101-13. Creates the Parental Notice of Abortion Act of 2025, with provisions similar to those of the Parental Notice of Abortion Act of 1995 before its repeal by Public Act 102-685. Amends various Acts by restoring the language that existed before the amendment of those Acts by Public Acts 101-13 and 102-1117. Repeals the Reproductive Health Act, the Abortion Care Clinical Training Program Act, the Lawful Health Care Activity Act, the Protecting Reproductive Health Care Services Act, and the Youth Health and Safety Act. Effective immediately. LRB104 10408 AAS 20483 b A BILL FOR HB3243LRB104 10408 AAS 20483 b 1 AN ACT concerning abortion. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4Article 1. 5 Section 1-1. Short title. This Article shall be known and 6may be cited as the Illinois Abortion Law of 2025. References 7in this Article to "this Law" mean this Article. 8 Section 1-5. Definitions. Unless the language or context 9clearly indicates a different meaning is intended, the 10following words or phrases for the purpose of this Law shall be 11given the meaning ascribed to them: 12 "Abortifacient" means any instrument, medicine, drug, or 13any other substance or device which is known to cause fetal 14death when employed in the usual and customary use for which it 15is manufactured, whether the fetus is known to exist when such 16substance or device is employed. 17 "Abortion" means the use of any instrument, medicine, 18drug, or any other substance or device to terminate the 19pregnancy of a woman known to be pregnant with an intention 20other than to increase the probability of a live birth, to 21preserve the life or health of the child after live birth, or 22to remove a dead fetus. HB3243- 2 -LRB104 10408 AAS 20483 b 1 "Born alive", "live born", and "live birth", when applied 2to an individual organism of the species homo sapiens, each 3mean he or she was completely expelled or extracted from his or 4her mother and after such separation breathed or showed 5evidence of the beating of the heart, pulsation of the 6umbilical cord, or definite movement of voluntary muscles, 7irrespective of the duration of pregnancy and whether the 8umbilical cord has been cut or the placenta is attached. 9 "Department" means the Department of Public Health. 10 "Fertilization" and "conception" each mean the 11fertilization of a human ovum by a human sperm, which shall be 12deemed to have occurred at the time when it is known a 13spermatozoon has penetrated the cell membrane of the ovum. 14 "Fetal heartbeat" means cardiac activity or the steady and 15repetitive rhythmic contraction of the fetal heart within the 16gestational sac. 17 "Fetus" and "unborn child" each mean an individual 18organism of the species homo sapiens from fertilization until 19live birth. 20 "Physician" means any person licensed to practice medicine 21in all its branches under the Medical Practice Act of 1987. 22 "Viability" means either: 23 (1) that stage of fetal development when, in the 24 medical judgment of the attending physician based on the 25 particular facts of the case before the attending 26 physician, there is a reasonable likelihood of sustained HB3243- 3 -LRB104 10408 AAS 20483 b 1 survival of the fetus outside the womb, with or without 2 artificial support; or 3 (2) when, in the medical judgment of the attending 4 physician based on the particular facts of the case before 5 the attending physician, the unborn child has a fetal 6 heartbeat. 7 Section 1-10. Medical Judgment. No abortion shall be 8performed except by a physician after either (i) he or she 9determines that, in his or her best clinical judgment, the 10abortion is necessary, or (ii) he or she receives a written 11statement or oral communication by another physician, 12hereinafter called the "referring physician", certifying that 13in the referring physician's best clinical judgment the 14abortion is necessary. Any person who intentionally or 15knowingly performs an abortion contrary to the requirements of 16this Section commits a Class 2 felony. 17 Section 1-15. When an abortion may be performed. 18 (a) When the fetus is viable no abortion shall be 19performed unless in the medical judgment of the attending or 20referring physician, based on the particular facts of the case 21before him or her, it is necessary to preserve the life or 22health of the mother. Intentional, knowing, or reckless 23failure to conform to the requirements of this subsection is a 24Class 2 felony. HB3243- 4 -LRB104 10408 AAS 20483 b 1 (b) When the fetus is viable the physician shall certify 2in writing, on a form prescribed by the Department under 3Section 1-25, the medical indications which, in his or her 4medical judgment based on the particular facts of the case 5before him or her, warrant performance of the abortion to 6preserve the life or health of the mother. 7 Section 1-20. Requirements for performing abortion. 8 (a) Any physician who intentionally performs an abortion 9when, in his or her medical judgment based on the particular 10facts of the case before him or her, there is a reasonable 11likelihood of sustained survival of the fetus outside the 12womb, with or without artificial support, shall utilize that 13method of abortion which, of those he or she knows to be 14available, is in his or her medical judgment most likely to 15preserve the life and health of the fetus. 16 The physician shall certify in writing, on a form 17prescribed by the Department under Section 1-25, the available 18methods considered and the reasons for choosing the method 19employed. 20 Any physician who intentionally, knowingly, or recklessly 21violates the provisions of this subsection commits a Class 3 22felony. 23 (b) No abortion shall be performed or induced when the 24fetus is viable unless there is in attendance a physician 25other than the physician performing or inducing the abortion HB3243- 5 -LRB104 10408 AAS 20483 b 1who shall take control of and provide immediate medical care 2for any child born alive as a result of the abortion. This 3requirement shall not apply when, in the medical judgment of 4the physician performing or inducing the abortion based on the 5particular facts of the case before him or her, there exists a 6medical emergency; in such a case, the physician shall 7describe the basis of this judgment on the form prescribed by 8Section 1-25. Any physician who intentionally performs or 9induces such an abortion and who intentionally, knowingly, or 10recklessly fails to arrange for the attendance of such a 11second physician in violation of this subsection commits a 12Class 3 felony. 13 Subsequent to the abortion, if a child is born alive, the 14physician required by this subsection to be in attendance 15shall exercise the same degree of professional skill, care, 16and diligence to preserve the life and health of the child as 17would be required of a physician providing immediate medical 18care to a child born alive in the course of a pregnancy 19termination which was not an abortion. Any such physician who 20intentionally, knowingly, or recklessly violates this 21subsection commits a Class 3 felony. 22 (c) The law of this State shall not be construed to imply 23that any living individual organism of the species homo 24sapiens who has been born alive is not an individual under the 25Criminal Code of 1961 or Criminal Code of 2012. 26 (d) Any physician who intentionally performs an abortion HB3243- 6 -LRB104 10408 AAS 20483 b 1when, in his or her medical judgment based on the particular 2facts of the case before him, there is a reasonable 3possibility of sustained survival of the fetus outside the 4womb, with or without artificial support, shall utilize that 5method of abortion which, of those he or she knows to be 6available, is in his or her medical judgment most likely to 7preserve the life and health of the fetus. 8 The physician shall certify in writing, on a form 9prescribed by the Department under Section 1-25, the available 10methods considered and the reasons for choosing the method 11employed. 12 Any physician who intentionally, knowingly, or recklessly 13violates the provisions of this subsection commits a Class 3 14felony. 15 (e) Nothing in Section requires a physician to employ a 16method of abortion which, in the medical judgment of the 17physician performing the abortion based on the particular 18facts of the case before him or her, would increase medical 19risk to the mother. 20 (f) When the fetus is viable and when there exists 21reasonable medical certainty (i) that the particular method of 22abortion to be employed will cause organic pain to the fetus, 23and (ii) that use of an anesthetic or analgesic would abolish 24or alleviate organic pain to the fetus caused by the 25particular method of abortion to be employed, then the 26physician who is to perform the abortion or his or her agent or HB3243- 7 -LRB104 10408 AAS 20483 b 1the referring physician or his or her agent shall inform the 2woman upon whom the abortion is to be performed that such an 3anesthetic or analgesic is available, if he or she knows it to 4be available, for use to abolish or alleviate organic pain 5caused to the fetus by the particular method of abortion to be 6employed. Any person who performs an abortion with knowledge 7that any such reasonable medical certainty exists and that 8such an anesthetic or analgesic is available, and 9intentionally fails to so inform the woman or to ascertain 10that the woman has been so informed commits a Class B 11misdemeanor. The foregoing requirements of this subsection 12shall not apply (i) when in the medical judgment of the 13physician who is to perform the abortion or the referring 14physician based upon the particular facts of the case before 15him or her: (1) there exists a medical emergency, or (2) the 16administration of such an anesthetic or analgesic would 17decrease a possibility of sustained survival of the fetus 18apart from the body of the mother, with or without artificial 19support, or (ii) when the physician who is to perform the 20abortion administers an anesthetic or an analgesic to the 21woman or the fetus and he or she knows there exists reasonable 22medical certainty that such use will abolish organic pain 23caused to the fetus during the course of the abortion. 24 (g) No person shall sell or experiment upon a fetus 25produced by the fertilization of a human ovum by a human sperm 26unless such experimentation is therapeutic to the fetus HB3243- 8 -LRB104 10408 AAS 20483 b 1thereby produced. Intentional violation of this subsection is 2a Class A misdemeanor. Nothing in this subsection is intended 3to prohibit the performance of in vitro fertilization. 4 (h) No person shall intentionally perform an abortion with 5knowledge that the pregnant woman is seeking the abortion 6solely on account of the sex of the fetus. Nothing in this 7subsection shall be construed to proscribe the performance of 8an abortion on account of the sex of the fetus because of a 9genetic disorder linked to that sex. If the application of 10this subsection to the period of pregnancy prior to viability 11is held invalid, then such invalidity shall not affect its 12application to the period of pregnancy subsequent to 13viability. 14 (i) No person shall intentionally perform an abortion on a 15pregnant woman in this State unless the pregnant woman is a 16resident of this State. The pregnant woman shall provide photo 17identification on site demonstrating that her residential 18address is in this State. A patient who obtains an abortion in 19violation of this subsection is guilty of a Class 4 felony. A 20physician who violates this subsection shall have his or her 21medical license suspended for 5 years following the violation. 22 Section 1-25. Reporting. A report of each abortion 23performed shall be made to the Department on forms prescribed 24by it. Such report forms shall not identify the patient by 25name, but by an individual number to be noted in the patient's HB3243- 9 -LRB104 10408 AAS 20483 b 1permanent record in the possession of the physician, and shall 2include information concerning the: 3 (1) identification of the physician who performed the 4 abortion and the facility where the abortion was performed 5 and a patient identification number; 6 (2) State in which the patient resides; 7 (3) patient's date of birth, race, and marital status; 8 (4) number of prior pregnancies; 9 (5) date of last menstrual period; 10 (6) type of abortion procedure performed; 11 (7) complications and whether the abortion resulted in 12 a live birth; 13 (8) date the abortion was performed; 14 (9) medical indications for any abortion performed 15 when the fetus was viable; 16 (10) information required by subsections (a) and (d) 17 of Section 1-20, if applicable; 18 (11) basis for any medical judgment that a medical 19 emergency existed when required under subsections (b) and 20 (f) of Section 1-20 and when required to be reported in 21 accordance with this Section by any provision of this Law; 22 and 23 (12) pathologist's test results pursuant to Section 24 1-45. 25 Such form shall be completed by the hospital or other 26licensed facility, signed by the physician who performed the HB3243- 10 -LRB104 10408 AAS 20483 b 1abortion or pregnancy termination, and transmitted to the 2Department not later than 10 days following the end of the 3month in which the abortion was performed. 4 If a complication of an abortion occurs or becomes known 5after submission of such form, a correction using the same 6patient identification number shall be submitted to the 7Department within 10 days of its becoming known. 8 The Department may prescribe rules regarding the 9administration of this Law and shall prescribe rules to secure 10the confidentiality of the woman's identity in the information 11to be provided under the Vital Records Act. All reports 12received by the Department shall be treated as confidential 13and the Department shall secure the woman's anonymity. Such 14reports shall be used only for statistical purposes. 15 Upon 30 days public notice, the Department is empowered to 16require reporting of any additional information which, in the 17sound discretion of the Department, is necessary to develop 18statistical data relating to the protection of maternal or 19fetal life or health, or is necessary to enforce the 20provisions of this Law, or is necessary to develop useful 21criteria for medical decisions. The Department shall annually 22report to the General Assembly all statistical data gathered 23under this Law and its recommendations to further the purpose 24of this Law. 25 The requirement for reporting to the General Assembly 26shall be satisfied by filing copies of the report as required HB3243- 11 -LRB104 10408 AAS 20483 b 1by Section 3.1 of the General Assembly Organization Act, and 2filing such additional copies with the State Government Report 3Distribution Center for the General Assembly as is required 4under paragraph (t) of Section 7 of the State Library Act. 5 Section 1-30. Reporting complications resulting from 6abortion/ Any physician who diagnoses a woman as having 7complications resulting from an abortion shall report, within 8a reasonable period of time, the diagnosis and a summary of her 9physical symptoms to the Department in accordance with 10procedures and upon forms required by the Department. The 11Department shall define the complications required to be 12reported by rule. The complications defined by rule shall be 13those which, according to contemporary medical standards, are 14manifested by symptoms with severity equal to or greater than 15hemorrhaging requiring transfusion, infection, incomplete 16abortion, or punctured organs. If the physician making the 17diagnosis of a complication knows the name or location of the 18facility where the abortion was performed, he or she shall 19report such information to the Department. 20 Any physician who intentionally violates this Section 21shall be subject to revocation of his or her license pursuant 22to paragraph (22) of Section 22 of the Medical Practice Act of 231987. 24 Section 1-35. Violations. HB3243- 12 -LRB104 10408 AAS 20483 b 1 (a) Any person who intentionally violates any provision of 2this Law commits a Class A misdemeanor unless a specific 3penalty is otherwise provided. Any person who intentionally 4falsifies any writing required by this Law commits a Class A 5misdemeanor. 6 Intentional, knowing, reckless, or negligent violations of 7this Law shall constitute unprofessional conduct which causes 8public harm under Section 22 of the Medical Practice Act of 91987, Section 70-5 of the Nurse Practice Act, and Section 21 of 10the Physician Assistant Practice Act of 1987. 11 Intentional, knowing, reckless, or negligent violations of 12this Law will constitute grounds for refusal, denial, 13revocation, suspension, or withdrawal of license, certificate, 14or permit under Section 30 of the Pharmacy Practice Act, 15Section 7 of the Ambulatory Surgical Treatment Center Act, and 16Section 7 of the Hospital Licensing Act. 17 (b) Any hospital or licensed facility which, or any 18physician who intentionally, knowingly, or recklessly fails to 19submit a complete report to the Department in accordance with 20the provisions of Section 1-25 and any person who 21intentionally, knowingly, recklessly or negligently fails to 22maintain the confidentiality of any reports required under 23this Law or reports required by Section 1-30 or 1-45 commits a 24Class B misdemeanor. 25 (c) Any person who sells any drug, medicine, instrument, 26or other substance which he or she knows to be an abortifacient HB3243- 13 -LRB104 10408 AAS 20483 b 1and which is in fact an abortifacient, unless upon 2prescription of a physician, is guilty of a Class B 3misdemeanor. Any person who prescribes or administers any 4instrument, medicine, drug, or other substance or device, 5which he or she knows to be an abortifacient, and which is in 6fact an abortifacient, and intentionally, knowingly, or 7recklessly fails to inform the person for whom it is 8prescribed or upon whom it is administered that it is an 9abortifacient commits a Class C misdemeanor. 10 (d) Any person who intentionally, knowingly, or recklessly 11performs upon a woman what he or she represents to that woman 12to be an abortion when he or she knows or should know that she 13is not pregnant commits a Class 2 felony and shall be 14answerable in civil damages equal to 3 times the amount of 15proved damages. 16 Section 1-40. Referral fee. 17 (a) The payment or receipt of a referral fee in connection 18with the performance of an abortion is a Class 4 felony. 19 (b) For purposes of this Section, "referral fee" means the 20transfer of anything of value between a doctor who performs an 21abortion or an operator or employee of a clinic at which an 22abortion is performed and the person who advised the woman 23receiving the abortion to use the services of that doctor or 24clinic. HB3243- 14 -LRB104 10408 AAS 20483 b 1 Section 1-45. Gross and microscopic analysis and tissue 2report. The dead fetus and all tissue removed at the time of 3abortion shall be submitted for a gross and microscopic 4analysis and tissue report to a board eligible or certified 5pathologist as a matter of record in all cases. The results of 6the analysis and report shall be given to the physician who 7performed the abortion within 7 days of the abortion and such 8physician shall report any complications relevant to the 9woman's medical condition to his or her patient within 48 10hours of receiving a report, if possible. Any evidence of live 11birth or of viability shall be reported within 7 days, if 12possible, to the Department by the pathologist. Intentional 13failure of the pathologist to report any evidence of live 14birth or of viability to the Department is a Class B 15misdemeanor. 16 Section 1-50. Use of tissues or cells. Nothing in this Law 17shall prohibit the use of any tissues or cells obtained from a 18dead fetus or dead premature infant whose death did not result 19from an induced abortion, for therapeutic purposes or 20scientific, research, or laboratory experimentation, as long 21as the written consent to such use is obtained from one of the 22parents of such fetus or infant. 23 Section 1-55. No requirement to perform abortion. No 24physician, hospital, ambulatory surgical center, nor employee HB3243- 15 -LRB104 10408 AAS 20483 b 1thereof, shall be required against his, her, or its conscience 2declared in writing to perform, permit, or participate in any 3abortion, and the failure or refusal to do so shall not be the 4basis for any civil, criminal, administrative, or disciplinary 5action, proceeding, penalty, or punishment. If any request for 6an abortion is denied, the patient shall be promptly notified. 7 Section 1-60. Severability; effective dates. 8 (a) If any provision, word, phrase, or clause of this Law 9or the application thereof to any person or circumstance shall 10be held invalid, such invalidity shall not affect the 11provisions, words, phrases, clauses, or application of this 12Law which can be given effect without the invalid provision, 13word, phrase, clause, or application, and to this end the 14provisions, words, phrases, and clauses of this Law are 15declared to be severable. 16 (b) Within 60 days from the effective date of this Law, the 17Department shall issue rules pursuant to Section 1-25. Insofar 18as Section 1-25 requires registration under the Vital Records 19Act, it shall not take effect until such rules are issued. The 20Department shall make available the forms required under 21Section 1-25 within 30 days of the effective date of this Law. 22No requirement that any person report information to the 23Department shall become effective until the Department has 24made available the forms required under Section 1-25. HB3243- 16 -LRB104 10408 AAS 20483 b 1Article 2. 2 Section 2-1. Short title. This Article may be cited as the 3Partial-birth Abortion Ban Act of 2025. References in this 4Article to "this Act" mean this Article. 5 Section 2-5. Definitions. As used in this Act: 6 "Fetus" and "infant" are used interchangeably to refer to 7the biological offspring of human parents. 8 "Partial-birth abortion" means an abortion in which the 9person performing the abortion partially vaginally delivers a 10living human fetus or infant before killing the fetus or 11infant and completing the delivery. 12 Section 2-10. Partial-birth abortions prohibited. Any 13person who knowingly performs a partial-birth abortion and 14thereby kills a human fetus or infant is guilty of a Class 4 15felony. This Section does not apply to a partial-birth 16abortion that is necessary to save the life of a mother because 17her life is endangered by a physical disorder, physical 18illness, or physical injury, including a life-endangering 19condition caused by or arising from the pregnancy itself, as 20long as no other medical procedure would suffice for that 21purpose. 22 Section 2-15. Civil action. The maternal grandparents of HB3243- 17 -LRB104 10408 AAS 20483 b 1the fetus or infant, if the mother has not attained the age of 218 years at the time of the abortion, may in a civil action 3obtain appropriate relief unless the pregnancy resulted from 4the plaintiff's criminal conduct or the plaintiff consented to 5the abortion. The relief shall include money damages for all 6injuries, psychological and physical, occasioned by the 7violation of this Act and statutory damages equal to 3 times 8the cost of the partial-birth abortion. 9 Section 2-20. Prosecution of woman prohibited. A woman on 10whom a partial-birth abortion is performed may not be 11prosecuted under this Act, for a conspiracy to violate this 12Act, or for an offense under Article 31 of the Criminal Code of 131961 or Criminal Code of 2012 based on a violation of this Act, 14nor may she be held accountable under Article 5 of the Criminal 15Code of 1961 or Criminal Code of 2012 for an offense based on a 16violation of this Act. 17Article 3. 18 Section 3-1. Short title. This Article may be cited as the 19Abortion Performance Refusal Act of 2025. References in this 20Article to "this Act" mean this Article. 21 Section 3-5. Recommendation, performance, or assistance in 22performance of abortion not required. HB3243- 18 -LRB104 10408 AAS 20483 b 1 (a) No physician, nurse or other person who refuses to 2recommend, perform, or assist in the performance of an 3abortion, whether such abortion is a crime, shall be liable to 4any person for damages allegedly arising from such refusal. 5 (b) No hospital that refuses to permit the performance of 6an abortion upon its premises, whether such abortion is a 7crime, shall be liable to any person for damages allegedly 8arising from such refusal. 9 (c) Any person, association, partnership, or corporation 10that discriminates against another person in any way, 11including, but not limited to, hiring, promotion, advancement, 12transfer, licensing, granting of hospital privileges, or staff 13appointments, because of that person's refusal to recommend, 14perform, or assist in the performance of an abortion, whether 15such abortion is a crime, shall be answerable in civil damages 16equal to 3 times the amount of proved damages, but in no case 17less than $2,000. 18 (d) The license of any hospital, doctor, nurse, or any 19other medical personnel shall not be revoked or suspended 20because of a refusal to permit, recommend, perform, or assist 21in the performance of an abortion. 22Article 4. 23 Section 4-1. Short title. This Act may be cited as the 24Parental Notice of Abortion Act of 2025. References in this HB3243- 19 -LRB104 10408 AAS 20483 b 1Article to "this Act" mean this Article. 2 Section 4-5. Legislative findings and purpose. The General 3Assembly finds that notification of a family member as defined 4in this Act is in the best interest of an unemancipated minor, 5and the General Assembly's purpose in enacting this parental 6notice law is to further and protect the best interests of an 7unemancipated minor. 8 The medical, emotional, and psychological consequences of 9abortion are sometimes serious and long-lasting, and immature 10minors often lack the ability to make fully informed choices 11that consider both the immediate and long-range consequences. 12 Parental consultation is usually in the best interests of 13the minor and is desirable since the capacity to become 14pregnant and the capacity for mature judgment concerning the 15wisdom of an abortion are not necessarily related. 16 Section 4-10. Definitions. As used in this Act: 17 "Abortion" means the use of any instrument, medicine, 18drug, or any other substance or device to terminate the 19pregnancy of a woman known to be pregnant with an intention 20other than to increase the probability of a live birth, to 21preserve the life or health of a child after live birth, or to 22remove a dead fetus. 23 "Actual notice" means the giving of notice directly, in 24person, or by telephone. HB3243- 20 -LRB104 10408 AAS 20483 b 1 "Adult family member" means a person over 21 years of age 2who is the parent, grandparent, step-parent living in the 3household, or legal guardian. 4 "Constructive notice" means notice by certified mail to 5the last known address of the person entitled to notice with 6delivery deemed to have occurred 48 hours after the certified 7notice is mailed. 8 "Incompetent" means any person who has been adjudged as 9mentally ill or as a person with a developmental disability 10and who, because of mental illness or developmental 11disability, is not fully able to manage oneself and for whom a 12guardian of the person has been appointed under paragraph (1) 13of subsection (a) of Section 11a-3 of the Probate Act of 1975. 14 "Medical emergency" means a condition that, on the basis 15of the physician's good faith clinical judgment, so 16complicates the medical condition of a pregnant woman as to 17necessitate the immediate abortion of her pregnancy to avert 18her death or for which a delay will create serious risk of 19substantial and irreversible impairment of major bodily 20function. 21 "Minor" means any person under 18 years of age who is not 22or has not been married or who has not been emancipated under 23the Emancipation of Minors Act. 24 "Neglect" means the failure of an adult family member to 25supply a child with necessary food, clothing, shelter, or 26medical care when reasonably able to do so or the failure to HB3243- 21 -LRB104 10408 AAS 20483 b 1protect a child from conditions or actions that imminently and 2seriously endanger the child's physical or mental health when 3reasonably able to do so. 4 "Physical abuse" means any physical injury intentionally 5inflicted by an adult family member on a child. 6 "Physician" means any person licensed to practice medicine 7in all its branches under the Medical Practice Act of 1987. 8 "Sexual abuse" means any sexual conduct or sexual 9penetration as defined in Section 11-0.1 of the Criminal Code 10of 2012 that is prohibited by the criminal laws of the State 11and committed against a minor by an adult family member as 12defined in this Act. 13 Section 4-15. Notice to adult family member. No person 14shall knowingly perform an abortion upon a minor or upon an 15incompetent person unless the physician or his or her agent 16has given at least 48 hours actual notice to an adult family 17member of the pregnant minor or incompetent person of his or 18her intention to perform the abortion, unless that person or 19his or her agent has received a written statement by a 20referring physician certifying that the referring physician or 21his or her agent has given at least 48 hours notice to an adult 22family member of the pregnant minor or incompetent person. If 23actual notice is not possible after a reasonable effort, the 24physician or his or her agent must give 48 hours constructive 25notice. HB3243- 22 -LRB104 10408 AAS 20483 b 1 Section 4-20. Exceptions. Notice shall not be required 2under this Act if: 3 (1) the minor or incompetent person is accompanied by 4 a person entitled to notice; 5 (2) notice is waived in writing by a person who is 6 entitled to notice; 7 (3) the attending physician certifies in the patient's 8 medical record that a medical emergency exists and there 9 is insufficient time to provide the required notice; 10 (4) the minor declares in writing that she is a victim 11 of sexual abuse, neglect, or physical abuse by an adult 12 family member. The attending physician must certify in the 13 patient's medical record that he or she has received the 14 written declaration of abuse or neglect. Any notification 15 of public authorities of abuse that may be required under 16 other laws of this State need not be made by the person 17 performing the abortion until after the minor receives an 18 abortion that otherwise complies with the requirements of 19 this Act; or 20 (5) notice is waived under Section 4-25. 21 Section 4-25. Procedure for judicial waiver of notice. 22 (a) The requirements and procedures under this Section are 23available to minors and incompetent persons whether they are 24residents of this State. HB3243- 23 -LRB104 10408 AAS 20483 b 1 (b) The minor or incompetent person may petition any 2circuit court for a waiver of the notice requirement and may 3participate in proceedings on her own behalf. The court shall 4appoint a guardian ad litem for her. Any guardian ad litem 5appointed under this Act shall act to maintain the 6confidentiality of the proceedings. The circuit court shall 7advise her that she has a right to court-appointed counsel and 8shall provide her with counsel upon her request. 9 (c) Court proceedings under this Section shall be 10confidential and shall ensure the anonymity of the minor or 11incompetent person. All court proceedings under this Section 12shall be sealed. The minor or incompetent person shall have 13the right to file her petition in the circuit court using a 14pseudonym or using solely her initials. All documents related 15to this petition shall be confidential and shall not be made 16available to the public. 17 These proceedings shall be given precedence over other 18pending matters to the extent necessary to ensure that the 19court reaches a decision promptly. The court shall rule and 20issue written findings of fact and conclusions of law within 2148 hours of the time that the petition is filed, except that 22the 48-hour limitation may be extended at the request of the 23minor or incompetent person. If the court fails to rule within 24the 48-hour period and an extension is not requested, then the 25petition shall be deemed to have been granted, and the notice 26requirement shall be waived. HB3243- 24 -LRB104 10408 AAS 20483 b 1 (d) Notice shall be waived if the court finds by a 2preponderance of the evidence either: 3 (1) that the minor or incompetent person is 4 sufficiently mature and well enough informed to decide 5 intelligently whether to have an abortion; or 6 (2) that notification under Section 4-15 would not be 7 in the best interests of the minor or incompetent person. 8 (e) A court that conducts proceedings under this Section 9shall issue written and specific factual findings and legal 10conclusions supporting its decision and shall order that a 11confidential record of the evidence and the judge's findings 12and conditions be maintained. 13 (f) An expedited confidential appeal shall be available, 14as the Supreme Court provides by rule, to any minor or 15incompetent person to whom the circuit court denies a waiver 16of notice. An order authorizing an abortion without notice 17shall not be subject to appeal. 18 (g) The Supreme Court is respectfully requested to adopt 19any rules necessary to ensure that proceedings under this Act 20are handled in an expeditious and confidential manner. 21 (h) No fees shall be required of any minor or incompetent 22person who avails herself of the procedures provided by this 23Section. 24 Section 4-30. Minor's consent to abortion. A person may 25not perform an abortion on a minor without the minor's HB3243- 25 -LRB104 10408 AAS 20483 b 1consent, except in a medical emergency. 2 Section 4-35. Reports. The Department of Public Health 3shall comply with the reporting requirements set forth in the 4consent decree in Herbst v. O'Malley, case no. 84-C-5602 in 5the U.S. District Court for the Northern District of Illinois, 6Eastern Division. 7 Section 4-40. Penalties. 8 (a) Any physician who willfully fails to provide notice as 9required under this Act before performing an abortion on a 10minor or an incompetent person shall be referred to the 11Illinois State Medical Board for action in accordance with 12Section 22 of the Medical Practice Act of 1987. 13 (b) Any person, not authorized under this Act, who signs 14any waiver of notice for a minor or incompetent person seeking 15an abortion, is guilty of a Class C misdemeanor. 16 Section 4-45. Immunity. Any physician who, in good faith, 17provides notice in accordance with Section 4-15 or relies on 18an exception under Section 4-20 shall not be subject to any 19type of civil or criminal liability or discipline for 20unprofessional conduct for failure to give required notice. 21 Section 4-50. Severability and inseverability. If any 22provision of this Act or its application to any person or HB3243- 26 -LRB104 10408 AAS 20483 b 1circumstance is held invalid, the invalidity of that provision 2or application does not affect other provisions or 3applications of the Act that can be given effect without the 4invalid provision or application, except that Section 4-25 is 5inseverable to the extent that if all or any substantial and 6material part of Section 4-25 is held invalid, then the entire 7Act is invalid. 8Article 5. 9 Section 5-5. The Freedom of Information Act is amended by 10changing Section 7.5 as follows: 11 (5 ILCS 140/7.5) 12 Sec. 7.5. Statutory exemptions. To the extent provided for 13by the statutes referenced below, the following shall be 14exempt from inspection and copying: 15 (a) All information determined to be confidential 16 under Section 4002 of the Technology Advancement and 17 Development Act. 18 (b) Library circulation and order records identifying 19 library users with specific materials under the Library 20 Records Confidentiality Act. 21 (c) Applications, related documents, and medical 22 records received by the Experimental Organ Transplantation 23 Procedures Board and any and all documents or other HB3243- 27 -LRB104 10408 AAS 20483 b 1 records prepared by the Experimental Organ Transplantation 2 Procedures Board or its staff relating to applications it 3 has received. 4 (d) Information and records held by the Department of 5 Public Health and its authorized representatives relating 6 to known or suspected cases of sexually transmitted 7 infection or any information the disclosure of which is 8 restricted under the Illinois Sexually Transmitted 9 Infection Control Act. 10 (e) Information the disclosure of which is exempted 11 under Section 30 of the Radon Industry Licensing Act. 12 (f) Firm performance evaluations under Section 55 of 13 the Architectural, Engineering, and Land Surveying 14 Qualifications Based Selection Act. 15 (g) Information the disclosure of which is restricted 16 and exempted under Section 50 of the Illinois Prepaid 17 Tuition Act. 18 (h) Information the disclosure of which is exempted 19 under the State Officials and Employees Ethics Act, and 20 records of any lawfully created State or local inspector 21 general's office that would be exempt if created or 22 obtained by an Executive Inspector General's office under 23 that Act. 24 (i) Information contained in a local emergency energy 25 plan submitted to a municipality in accordance with a 26 local emergency energy plan ordinance that is adopted HB3243- 28 -LRB104 10408 AAS 20483 b 1 under Section 11-21.5-5 of the Illinois Municipal Code. 2 (j) Information and data concerning the distribution 3 of surcharge moneys collected and remitted by carriers 4 under the Emergency Telephone System Act. 5 (k) Law enforcement officer identification information 6 or driver identification information compiled by a law 7 enforcement agency or the Department of Transportation 8 under Section 11-212 of the Illinois Vehicle Code. 9 (l) Records and information provided to a residential 10 health care facility resident sexual assault and death 11 review team or the Executive Council under the Abuse 12 Prevention Review Team Act. 13 (m) Information provided to the predatory lending 14 database created pursuant to Article 3 of the Residential 15 Real Property Disclosure Act, except to the extent 16 authorized under that Article. 17 (n) Defense budgets and petitions for certification of 18 compensation and expenses for court appointed trial 19 counsel as provided under Sections 10 and 15 of the 20 Capital Crimes Litigation Act (repealed). This subsection 21 (n) shall apply until the conclusion of the trial of the 22 case, even if the prosecution chooses not to pursue the 23 death penalty prior to trial or sentencing. 24 (o) Information that is prohibited from being 25 disclosed under Section 4 of the Illinois Health and 26 Hazardous Substances Registry Act. HB3243- 29 -LRB104 10408 AAS 20483 b 1 (p) Security portions of system safety program plans, 2 investigation reports, surveys, schedules, lists, data, or 3 information compiled, collected, or prepared by or for the 4 Department of Transportation under Sections 2705-300 and 5 2705-616 of the Department of Transportation Law of the 6 Civil Administrative Code of Illinois, the Regional 7 Transportation Authority under Section 2.11 of the 8 Regional Transportation Authority Act, or the St. Clair 9 County Transit District under the Bi-State Transit Safety 10 Act (repealed). 11 (q) Information prohibited from being disclosed by the 12 Personnel Record Review Act. 13 (r) Information prohibited from being disclosed by the 14 Illinois School Student Records Act. 15 (s) Information the disclosure of which is restricted 16 under Section 5-108 of the Public Utilities Act. 17 (t) (Blank). 18 (u) Records and information provided to an independent 19 team of experts under the Developmental Disability and 20 Mental Health Safety Act (also known as Brian's Law). 21 (v) Names and information of people who have applied 22 for or received Firearm Owner's Identification Cards under 23 the Firearm Owners Identification Card Act or applied for 24 or received a concealed carry license under the Firearm 25 Concealed Carry Act, unless otherwise authorized by the 26 Firearm Concealed Carry Act; and databases under the HB3243- 30 -LRB104 10408 AAS 20483 b 1 Firearm Concealed Carry Act, records of the Concealed 2 Carry Licensing Review Board under the Firearm Concealed 3 Carry Act, and law enforcement agency objections under the 4 Firearm Concealed Carry Act. 5 (v-5) Records of the Firearm Owner's Identification 6 Card Review Board that are exempted from disclosure under 7 Section 10 of the Firearm Owners Identification Card Act. 8 (w) Personally identifiable information which is 9 exempted from disclosure under subsection (g) of Section 10 19.1 of the Toll Highway Act. 11 (x) Information which is exempted from disclosure 12 under Section 5-1014.3 of the Counties Code or Section 13 8-11-21 of the Illinois Municipal Code. 14 (y) Confidential information under the Adult 15 Protective Services Act and its predecessor enabling 16 statute, the Elder Abuse and Neglect Act, including 17 information about the identity and administrative finding 18 against any caregiver of a verified and substantiated 19 decision of abuse, neglect, or financial exploitation of 20 an eligible adult maintained in the Registry established 21 under Section 7.5 of the Adult Protective Services Act. 22 (z) Records and information provided to a fatality 23 review team or the Illinois Fatality Review Team Advisory 24 Council under Section 15 of the Adult Protective Services 25 Act. 26 (aa) Information which is exempted from disclosure HB3243- 31 -LRB104 10408 AAS 20483 b 1 under Section 2.37 of the Wildlife Code. 2 (bb) Information which is or was prohibited from 3 disclosure by the Juvenile Court Act of 1987. 4 (cc) Recordings made under the Law Enforcement 5 Officer-Worn Body Camera Act, except to the extent 6 authorized under that Act. 7 (dd) Information that is prohibited from being 8 disclosed under Section 45 of the Condominium and Common 9 Interest Community Ombudsperson Act. 10 (ee) Information that is exempted from disclosure 11 under Section 30.1 of the Pharmacy Practice Act. 12 (ff) Information that is exempted from disclosure 13 under the Revised Uniform Unclaimed Property Act. 14 (gg) Information that is prohibited from being 15 disclosed under Section 7-603.5 of the Illinois Vehicle 16 Code. 17 (hh) Records that are exempt from disclosure under 18 Section 1A-16.7 of the Election Code. 19 (ii) Information which is exempted from disclosure 20 under Section 2505-800 of the Department of Revenue Law of 21 the Civil Administrative Code of Illinois. 22 (jj) Information and reports that are required to be 23 submitted to the Department of Labor by registering day 24 and temporary labor service agencies but are exempt from 25 disclosure under subsection (a-1) of Section 45 of the Day 26 and Temporary Labor Services Act. HB3243- 32 -LRB104 10408 AAS 20483 b 1 (kk) Information prohibited from disclosure under the 2 Seizure and Forfeiture Reporting Act. 3 (ll) Information the disclosure of which is restricted 4 and exempted under Section 5-30.8 of the Illinois Public 5 Aid Code. 6 (mm) Records that are exempt from disclosure under 7 Section 4.2 of the Crime Victims Compensation Act. 8 (nn) Information that is exempt from disclosure under 9 Section 70 of the Higher Education Student Assistance Act. 10 (oo) Communications, notes, records, and reports 11 arising out of a peer support counseling session 12 prohibited from disclosure under the First Responders 13 Suicide Prevention Act. 14 (pp) Names and all identifying information relating to 15 an employee of an emergency services provider or law 16 enforcement agency under the First Responders Suicide 17 Prevention Act. 18 (qq) (Blank). Information and records held by the 19 Department of Public Health and its authorized 20 representatives collected under the Reproductive Health 21 Act. 22 (rr) Information that is exempt from disclosure under 23 the Cannabis Regulation and Tax Act. 24 (ss) Data reported by an employer to the Department of 25 Human Rights pursuant to Section 2-108 of the Illinois 26 Human Rights Act. HB3243- 33 -LRB104 10408 AAS 20483 b 1 (tt) Recordings made under the Children's Advocacy 2 Center Act, except to the extent authorized under that 3 Act. 4 (uu) Information that is exempt from disclosure under 5 Section 50 of the Sexual Assault Evidence Submission Act. 6 (vv) Information that is exempt from disclosure under 7 subsections (f) and (j) of Section 5-36 of the Illinois 8 Public Aid Code. 9 (ww) Information that is exempt from disclosure under 10 Section 16.8 of the State Treasurer Act. 11 (xx) Information that is exempt from disclosure or 12 information that shall not be made public under the 13 Illinois Insurance Code. 14 (yy) Information prohibited from being disclosed under 15 the Illinois Educational Labor Relations Act. 16 (zz) Information prohibited from being disclosed under 17 the Illinois Public Labor Relations Act. 18 (aaa) Information prohibited from being disclosed 19 under Section 1-167 of the Illinois Pension Code. 20 (bbb) Information that is prohibited from disclosure 21 by the Illinois Police Training Act and the Illinois State 22 Police Act. 23 (ccc) Records exempt from disclosure under Section 24 2605-304 of the Illinois State Police Law of the Civil 25 Administrative Code of Illinois. 26 (ddd) Information prohibited from being disclosed HB3243- 34 -LRB104 10408 AAS 20483 b 1 under Section 35 of the Address Confidentiality for 2 Victims of Domestic Violence, Sexual Assault, Human 3 Trafficking, or Stalking Act. 4 (eee) Information prohibited from being disclosed 5 under subsection (b) of Section 75 of the Domestic 6 Violence Fatality Review Act. 7 (fff) Images from cameras under the Expressway Camera 8 Act. This subsection (fff) is inoperative on and after 9 July 1, 2025. 10 (ggg) Information prohibited from disclosure under 11 paragraph (3) of subsection (a) of Section 14 of the Nurse 12 Agency Licensing Act. 13 (hhh) Information submitted to the Illinois State 14 Police in an affidavit or application for an assault 15 weapon endorsement, assault weapon attachment endorsement, 16 .50 caliber rifle endorsement, or .50 caliber cartridge 17 endorsement under the Firearm Owners Identification Card 18 Act. 19 (iii) Data exempt from disclosure under Section 50 of 20 the School Safety Drill Act. 21 (jjj) Information exempt from disclosure under Section 22 30 of the Insurance Data Security Law. 23 (kkk) Confidential business information prohibited 24 from disclosure under Section 45 of the Paint Stewardship 25 Act. 26 (lll) Data exempt from disclosure under Section HB3243- 35 -LRB104 10408 AAS 20483 b 1 2-3.196 of the School Code. 2 (mmm) Information prohibited from being disclosed 3 under subsection (e) of Section 1-129 of the Illinois 4 Power Agency Act. 5 (nnn) Materials received by the Department of Commerce 6 and Economic Opportunity that are confidential under the 7 Music and Musicians Tax Credit and Jobs Act. 8 (ooo) (nnn) Data or information provided pursuant to 9 Section 20 of the Statewide Recycling Needs and Assessment 10 Act. 11 (ppp) (nnn) Information that is exempt from disclosure 12 under Section 28-11 of the Lawful Health Care Activity 13 Act. 14 (qqq) (nnn) Information that is exempt from disclosure 15 under Section 7-101 of the Illinois Human Rights Act. 16 (rrr) (mmm) Information prohibited from being 17 disclosed under Section 4-2 of the Uniform Money 18 Transmission Modernization Act. 19 (sss) (nnn) Information exempt from disclosure under 20 Section 40 of the Student-Athlete Endorsement Rights Act. 21(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 22102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 238-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 24102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 256-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 26eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; HB3243- 36 -LRB104 10408 AAS 20483 b 1103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 27-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, 3eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 4103-1049, eff. 8-9-24; revised 11-26-24.) 5 Section 5-10. The State Employees Group Insurance Act of 61971 is amended by changing Section 6.11 as follows: 7 (5 ILCS 375/6.11) 8 Sec. 6.11. Required health benefits; Illinois Insurance 9Code requirements. The program of health benefits shall 10provide the post-mastectomy care benefits required to be 11covered by a policy of accident and health insurance under 12Section 356t of the Illinois Insurance Code. The program of 13health benefits shall provide the coverage required under 14Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 15356w, 356x, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 16356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 17356z.17, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 18356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 19356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 20356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 21356z.70, and 356z.71, 356z.74, 356z.76, and 356z.77 of the 22Illinois Insurance Code. The program of health benefits must 23comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c, and 24370c.1 and Article XXXIIB of the Illinois Insurance Code. The HB3243- 37 -LRB104 10408 AAS 20483 b 1program of health benefits shall provide the coverage required 2under Section 356m of the Illinois Insurance Code and, for the 3employees of the State Employee Group Insurance Program only, 4the coverage as also provided in Section 6.11B of this Act. The 5Department of Insurance shall enforce the requirements of this 6Section with respect to Sections 370c and 370c.1 of the 7Illinois Insurance Code; all other requirements of this 8Section shall be enforced by the Department of Central 9Management Services. 10 Rulemaking authority to implement Public Act 95-1045, if 11any, is conditioned on the rules being adopted in accordance 12with all provisions of the Illinois Administrative Procedure 13Act and all rules and procedures of the Joint Committee on 14Administrative Rules; any purported rule not so adopted, for 15whatever reason, is unauthorized. 16(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 17102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 181-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768, 19eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 20102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 211-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84, 22eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 23103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 248-11-23; 103-605, eff. 7-1-24; 103-718, eff. 7-19-24; 103-751, 25eff. 8-2-24; 103-870, eff. 1-1-25; 103-914, eff. 1-1-25; 26103-918, eff. 1-1-25; 103-951, eff. 1-1-25; 103-1024, eff. HB3243- 38 -LRB104 10408 AAS 20483 b 11-1-25; revised 11-26-24.) 2 Section 5-15. The Children and Family Services Act is 3amended by changing Section 5 as follows: 4 (20 ILCS 505/5) 5 Sec. 5. Direct child welfare services; Department of 6Children and Family Services. To provide direct child welfare 7services when not available through other public or private 8child care or program facilities. 9 (a) For purposes of this Section: 10 (1) "Children" means persons found within the State 11 who are under the age of 18 years. The term also includes 12 persons under age 21 who: 13 (A) were committed to the Department pursuant to 14 the Juvenile Court Act or the Juvenile Court Act of 15 1987 and who continue under the jurisdiction of the 16 court; or 17 (B) were accepted for care, service and training 18 by the Department prior to the age of 18 and whose best 19 interest in the discretion of the Department would be 20 served by continuing that care, service and training 21 because of severe emotional disturbances, physical 22 disability, social adjustment or any combination 23 thereof, or because of the need to complete an 24 educational or vocational training program. HB3243- 39 -LRB104 10408 AAS 20483 b 1 (2) "Homeless youth" means persons found within the 2 State who are under the age of 19, are not in a safe and 3 stable living situation and cannot be reunited with their 4 families. 5 (3) "Child welfare services" means public social 6 services which are directed toward the accomplishment of 7 the following purposes: 8 (A) protecting and promoting the health, safety 9 and welfare of children, including homeless, 10 dependent, or neglected children; 11 (B) remedying, or assisting in the solution of 12 problems which may result in, the neglect, abuse, 13 exploitation, or delinquency of children; 14 (C) preventing the unnecessary separation of 15 children from their families by identifying family 16 problems, assisting families in resolving their 17 problems, and preventing the breakup of the family 18 where the prevention of child removal is desirable and 19 possible when the child can be cared for at home 20 without endangering the child's health and safety; 21 (D) restoring to their families children who have 22 been removed, by the provision of services to the 23 child and the families when the child can be cared for 24 at home without endangering the child's health and 25 safety; 26 (E) placing children in suitable permanent family HB3243- 40 -LRB104 10408 AAS 20483 b 1 arrangements, through guardianship or adoption, in 2 cases where restoration to the birth family is not 3 safe, possible, or appropriate; 4 (F) at the time of placement, conducting 5 concurrent planning, as described in subsection (l-1) 6 of this Section, so that permanency may occur at the 7 earliest opportunity. Consideration should be given so 8 that if reunification fails or is delayed, the 9 placement made is the best available placement to 10 provide permanency for the child; 11 (G) (blank); 12 (H) (blank); and 13 (I) placing and maintaining children in facilities 14 that provide separate living quarters for children 15 under the age of 18 and for children 18 years of age 16 and older, unless a child 18 years of age is in the 17 last year of high school education or vocational 18 training, in an approved individual or group treatment 19 program, in a licensed shelter facility, or secure 20 child care facility. The Department is not required to 21 place or maintain children: 22 (i) who are in a foster home, or 23 (ii) who are persons with a developmental 24 disability, as defined in the Mental Health and 25 Developmental Disabilities Code, or 26 (iii) who are female children who are HB3243- 41 -LRB104 10408 AAS 20483 b 1 pregnant, pregnant and parenting, or parenting, or 2 (iv) who are siblings, in facilities that 3 provide separate living quarters for children 18 4 years of age and older and for children under 18 5 years of age. 6 (b) Nothing in this Section shall be construed to 7authorize the expenditure of public funds for the purpose of 8performing abortions. (Blank). 9 (b-5) The Department shall adopt rules to establish a 10process for all licensed residential providers in Illinois to 11submit data as required by the Department if they contract or 12receive reimbursement for children's mental health, substance 13use, and developmental disability services from the Department 14of Human Services, the Department of Juvenile Justice, or the 15Department of Healthcare and Family Services. The requested 16data must include, but is not limited to, capacity, staffing, 17and occupancy data for the purpose of establishing State need 18and placement availability. 19 All information collected, shared, or stored pursuant to 20this subsection shall be handled in accordance with all State 21and federal privacy laws and accompanying regulations and 22rules, including without limitation the federal Health 23Insurance Portability and Accountability Act of 1996 (Public 24Law 104-191) and the Mental Health and Developmental 25Disabilities Confidentiality Act. 26 (c) The Department shall establish and maintain HB3243- 42 -LRB104 10408 AAS 20483 b 1tax-supported child welfare services and extend and seek to 2improve voluntary services throughout the State, to the end 3that services and care shall be available on an equal basis 4throughout the State to children requiring such services. 5 (d) The Director may authorize advance disbursements for 6any new program initiative to any agency contracting with the 7Department. As a prerequisite for an advance disbursement, the 8contractor must post a surety bond in the amount of the advance 9disbursement and have a purchase of service contract approved 10by the Department. The Department may pay up to 2 months 11operational expenses in advance. The amount of the advance 12disbursement shall be prorated over the life of the contract 13or the remaining months of the fiscal year, whichever is less, 14and the installment amount shall then be deducted from future 15bills. Advance disbursement authorizations for new initiatives 16shall not be made to any agency after that agency has operated 17during 2 consecutive fiscal years. The requirements of this 18Section concerning advance disbursements shall not apply with 19respect to the following: payments to local public agencies 20for child day care services as authorized by Section 5a of this 21Act; and youth service programs receiving grant funds under 22Section 17a-4. 23 (e) (Blank). 24 (f) (Blank). 25 (g) The Department shall establish rules and regulations 26concerning its operation of programs designed to meet the HB3243- 43 -LRB104 10408 AAS 20483 b 1goals of child safety and protection, family preservation, 2family reunification, and adoption, including, but not limited 3to: 4 (1) adoption; 5 (2) foster care; 6 (3) family counseling; 7 (4) protective services; 8 (5) (blank); 9 (6) homemaker service; 10 (7) return of runaway children; 11 (8) (blank); 12 (9) placement under Section 5-7 of the Juvenile Court 13 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile 14 Court Act of 1987 in accordance with the federal Adoption 15 Assistance and Child Welfare Act of 1980; and 16 (10) interstate services. 17 Rules and regulations established by the Department shall 18include provisions for training Department staff and the staff 19of Department grantees, through contracts with other agencies 20or resources, in screening techniques to identify substance 21use disorders, as defined in the Substance Use Disorder Act, 22approved by the Department of Human Services, as a successor 23to the Department of Alcoholism and Substance Abuse, for the 24purpose of identifying children and adults who should be 25referred for an assessment at an organization appropriately 26licensed by the Department of Human Services for substance use HB3243- 44 -LRB104 10408 AAS 20483 b 1disorder treatment. 2 (h) If the Department finds that there is no appropriate 3program or facility within or available to the Department for 4a youth in care and that no licensed private facility has an 5adequate and appropriate program or none agrees to accept the 6youth in care, the Department shall create an appropriate 7individualized, program-oriented plan for such youth in care. 8The plan may be developed within the Department or through 9purchase of services by the Department to the extent that it is 10within its statutory authority to do. 11 (i) Service programs shall be available throughout the 12State and shall include but not be limited to the following 13services: 14 (1) case management; 15 (2) homemakers; 16 (3) counseling; 17 (4) parent education; 18 (5) day care; and 19 (6) emergency assistance and advocacy. 20 In addition, the following services may be made available 21to assess and meet the needs of children and families: 22 (1) comprehensive family-based services; 23 (2) assessments; 24 (3) respite care; and 25 (4) in-home health services. 26 The Department shall provide transportation for any of the HB3243- 45 -LRB104 10408 AAS 20483 b 1services it makes available to children or families or for 2which it refers children or families. 3 (j) The Department may provide categories of financial 4assistance and education assistance grants, and shall 5establish rules and regulations concerning the assistance and 6grants, to persons who adopt children with physical or mental 7disabilities, children who are older, or other hard-to-place 8children who (i) immediately prior to their adoption were 9youth in care or (ii) were determined eligible for financial 10assistance with respect to a prior adoption and who become 11available for adoption because the prior adoption has been 12dissolved and the parental rights of the adoptive parents have 13been terminated or because the child's adoptive parents have 14died. The Department may continue to provide financial 15assistance and education assistance grants for a child who was 16determined eligible for financial assistance under this 17subsection (j) in the interim period beginning when the 18child's adoptive parents died and ending with the finalization 19of the new adoption of the child by another adoptive parent or 20parents. The Department may also provide categories of 21financial assistance and education assistance grants, and 22shall establish rules and regulations for the assistance and 23grants, to persons appointed guardian of the person under 24Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 254-25, or 5-740 of the Juvenile Court Act of 1987 for children 26who were youth in care for 12 months immediately prior to the HB3243- 46 -LRB104 10408 AAS 20483 b 1appointment of the guardian. 2 The amount of assistance may vary, depending upon the 3needs of the child and the adoptive parents, as set forth in 4the annual assistance agreement. Special purpose grants are 5allowed where the child requires special service but such 6costs may not exceed the amounts which similar services would 7cost the Department if it were to provide or secure them as 8guardian of the child. 9 Any financial assistance provided under this subsection is 10inalienable by assignment, sale, execution, attachment, 11garnishment, or any other remedy for recovery or collection of 12a judgment or debt. 13 (j-5) The Department shall not deny or delay the placement 14of a child for adoption if an approved family is available 15either outside of the Department region handling the case, or 16outside of the State of Illinois. 17 (k) The Department shall accept for care and training any 18child who has been adjudicated neglected or abused, or 19dependent committed to it pursuant to the Juvenile Court Act 20or the Juvenile Court Act of 1987. 21 (l) The Department shall offer family preservation 22services, as defined in Section 8.2 of the Abused and 23Neglected Child Reporting Act, to help families, including 24adoptive and extended families. Family preservation services 25shall be offered (i) to prevent the placement of children in 26substitute care when the children can be cared for at home or HB3243- 47 -LRB104 10408 AAS 20483 b 1in the custody of the person responsible for the children's 2welfare, (ii) to reunite children with their families, or 3(iii) to maintain an adoptive placement. Family preservation 4services shall only be offered when doing so will not endanger 5the children's health or safety. With respect to children who 6are in substitute care pursuant to the Juvenile Court Act of 71987, family preservation services shall not be offered if a 8goal other than those of subdivisions (A), (B), or (B-1) of 9subsection (2) of Section 2-28 of that Act has been set, except 10that reunification services may be offered as provided in 11paragraph (F) of subsection (2) of Section 2-28 of that Act. 12Nothing in this paragraph shall be construed to create a 13private right of action or claim on the part of any individual 14or child welfare agency, except that when a child is the 15subject of an action under Article II of the Juvenile Court Act 16of 1987 and the child's service plan calls for services to 17facilitate achievement of the permanency goal, the court 18hearing the action under Article II of the Juvenile Court Act 19of 1987 may order the Department to provide the services set 20out in the plan, if those services are not provided with 21reasonable promptness and if those services are available. 22 The Department shall notify the child and the child's 23family of the Department's responsibility to offer and provide 24family preservation services as identified in the service 25plan. The child and the child's family shall be eligible for 26services as soon as the report is determined to be HB3243- 48 -LRB104 10408 AAS 20483 b 1"indicated". The Department may offer services to any child or 2family with respect to whom a report of suspected child abuse 3or neglect has been filed, prior to concluding its 4investigation under Section 7.12 of the Abused and Neglected 5Child Reporting Act. However, the child's or family's 6willingness to accept services shall not be considered in the 7investigation. The Department may also provide services to any 8child or family who is the subject of any report of suspected 9child abuse or neglect or may refer such child or family to 10services available from other agencies in the community, even 11if the report is determined to be unfounded, if the conditions 12in the child's or family's home are reasonably likely to 13subject the child or family to future reports of suspected 14child abuse or neglect. Acceptance of such services shall be 15voluntary. The Department may also provide services to any 16child or family after completion of a family assessment, as an 17alternative to an investigation, as provided under the 18"differential response program" provided for in subsection 19(a-5) of Section 7.4 of the Abused and Neglected Child 20Reporting Act. 21 The Department may, at its discretion except for those 22children also adjudicated neglected or dependent, accept for 23care and training any child who has been adjudicated addicted, 24as a truant minor in need of supervision or as a minor 25requiring authoritative intervention, under the Juvenile Court 26Act or the Juvenile Court Act of 1987, but no such child shall HB3243- 49 -LRB104 10408 AAS 20483 b 1be committed to the Department by any court without the 2approval of the Department. On and after January 1, 2015 (the 3effective date of Public Act 98-803) and before January 1, 42017, a minor charged with a criminal offense under the 5Criminal Code of 1961 or the Criminal Code of 2012 or 6adjudicated delinquent shall not be placed in the custody of 7or committed to the Department by any court, except (i) a minor 8less than 16 years of age committed to the Department under 9Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor 10for whom an independent basis of abuse, neglect, or dependency 11exists, which must be defined by departmental rule, or (iii) a 12minor for whom the court has granted a supplemental petition 13to reinstate wardship pursuant to subsection (2) of Section 142-33 of the Juvenile Court Act of 1987. On and after January 1, 152017, a minor charged with a criminal offense under the 16Criminal Code of 1961 or the Criminal Code of 2012 or 17adjudicated delinquent shall not be placed in the custody of 18or committed to the Department by any court, except (i) a minor 19less than 15 years of age committed to the Department under 20Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor 21for whom an independent basis of abuse, neglect, or dependency 22exists, which must be defined by departmental rule, or (iii) a 23minor for whom the court has granted a supplemental petition 24to reinstate wardship pursuant to subsection (2) of Section 252-33 of the Juvenile Court Act of 1987. An independent basis 26exists when the allegations or adjudication of abuse, neglect, HB3243- 50 -LRB104 10408 AAS 20483 b 1or dependency do not arise from the same facts, incident, or 2circumstances which give rise to a charge or adjudication of 3delinquency. The Department shall assign a caseworker to 4attend any hearing involving a youth in the care and custody of 5the Department who is placed on aftercare release, including 6hearings involving sanctions for violation of aftercare 7release conditions and aftercare release revocation hearings. 8 As soon as is possible after August 7, 2009 (the effective 9date of Public Act 96-134), the Department shall develop and 10implement a special program of family preservation services to 11support intact, foster, and adoptive families who are 12experiencing extreme hardships due to the difficulty and 13stress of caring for a child who has been diagnosed with a 14pervasive developmental disorder if the Department determines 15that those services are necessary to ensure the health and 16safety of the child. The Department may offer services to any 17family whether or not a report has been filed under the Abused 18and Neglected Child Reporting Act. The Department may refer 19the child or family to services available from other agencies 20in the community if the conditions in the child's or family's 21home are reasonably likely to subject the child or family to 22future reports of suspected child abuse or neglect. Acceptance 23of these services shall be voluntary. The Department shall 24develop and implement a public information campaign to alert 25health and social service providers and the general public 26about these special family preservation services. The nature HB3243- 51 -LRB104 10408 AAS 20483 b 1and scope of the services offered and the number of families 2served under the special program implemented under this 3paragraph shall be determined by the level of funding that the 4Department annually allocates for this purpose. The term 5"pervasive developmental disorder" under this paragraph means 6a neurological condition, including, but not limited to, 7Asperger's Syndrome and autism, as defined in the most recent 8edition of the Diagnostic and Statistical Manual of Mental 9Disorders of the American Psychiatric Association. 10 (l-1) The General Assembly recognizes that the best 11interests of the child require that the child be placed in the 12most permanent living arrangement as soon as is practically 13possible. To achieve this goal, the General Assembly directs 14the Department of Children and Family Services to conduct 15concurrent planning so that permanency may occur at the 16earliest opportunity. Permanent living arrangements may 17include prevention of placement of a child outside the home of 18the family when the child can be cared for at home without 19endangering the child's health or safety; reunification with 20the family, when safe and appropriate, if temporary placement 21is necessary; or movement of the child toward the most 22permanent living arrangement and permanent legal status. 23 When determining reasonable efforts to be made with 24respect to a child, as described in this subsection, and in 25making such reasonable efforts, the child's health and safety 26shall be the paramount concern. HB3243- 52 -LRB104 10408 AAS 20483 b 1 When a child is placed in foster care, the Department 2shall ensure and document that reasonable efforts were made to 3prevent or eliminate the need to remove the child from the 4child's home. The Department must make reasonable efforts to 5reunify the family when temporary placement of the child 6occurs unless otherwise required, pursuant to the Juvenile 7Court Act of 1987. At any time after the dispositional hearing 8where the Department believes that further reunification 9services would be ineffective, it may request a finding from 10the court that reasonable efforts are no longer appropriate. 11The Department is not required to provide further 12reunification services after such a finding. 13 A decision to place a child in substitute care shall be 14made with considerations of the child's health, safety, and 15best interests. At the time of placement, consideration should 16also be given so that if reunification fails or is delayed, the 17placement made is the best available placement to provide 18permanency for the child. 19 The Department shall adopt rules addressing concurrent 20planning for reunification and permanency. The Department 21shall consider the following factors when determining 22appropriateness of concurrent planning: 23 (1) the likelihood of prompt reunification; 24 (2) the past history of the family; 25 (3) the barriers to reunification being addressed by 26 the family; HB3243- 53 -LRB104 10408 AAS 20483 b 1 (4) the level of cooperation of the family; 2 (5) the foster parents' willingness to work with the 3 family to reunite; 4 (6) the willingness and ability of the foster family 5 to provide an adoptive home or long-term placement; 6 (7) the age of the child; 7 (8) placement of siblings. 8 (m) The Department may assume temporary custody of any 9child if: 10 (1) it has received a written consent to such 11 temporary custody signed by the parents of the child or by 12 the parent having custody of the child if the parents are 13 not living together or by the guardian or custodian of the 14 child if the child is not in the custody of either parent, 15 or 16 (2) the child is found in the State and neither a 17 parent, guardian nor custodian of the child can be 18 located. 19If the child is found in the child's residence without a 20parent, guardian, custodian, or responsible caretaker, the 21Department may, instead of removing the child and assuming 22temporary custody, place an authorized representative of the 23Department in that residence until such time as a parent, 24guardian, or custodian enters the home and expresses a 25willingness and apparent ability to ensure the child's health 26and safety and resume permanent charge of the child, or until a HB3243- 54 -LRB104 10408 AAS 20483 b 1relative enters the home and is willing and able to ensure the 2child's health and safety and assume charge of the child until 3a parent, guardian, or custodian enters the home and expresses 4such willingness and ability to ensure the child's safety and 5resume permanent charge. After a caretaker has remained in the 6home for a period not to exceed 12 hours, the Department must 7follow those procedures outlined in Section 2-9, 3-11, 4-8, or 85-415 of the Juvenile Court Act of 1987. 9 The Department shall have the authority, responsibilities 10and duties that a legal custodian of the child would have 11pursuant to subsection (9) of Section 1-3 of the Juvenile 12Court Act of 1987. Whenever a child is taken into temporary 13custody pursuant to an investigation under the Abused and 14Neglected Child Reporting Act, or pursuant to a referral and 15acceptance under the Juvenile Court Act of 1987 of a minor in 16limited custody, the Department, during the period of 17temporary custody and before the child is brought before a 18judicial officer as required by Section 2-9, 3-11, 4-8, or 195-415 of the Juvenile Court Act of 1987, shall have the 20authority, responsibilities and duties that a legal custodian 21of the child would have under subsection (9) of Section 1-3 of 22the Juvenile Court Act of 1987. 23 The Department shall ensure that any child taken into 24custody is scheduled for an appointment for a medical 25examination. 26 A parent, guardian, or custodian of a child in the HB3243- 55 -LRB104 10408 AAS 20483 b 1temporary custody of the Department who would have custody of 2the child if the child were not in the temporary custody of the 3Department may deliver to the Department a signed request that 4the Department surrender the temporary custody of the child. 5The Department may retain temporary custody of the child for 610 days after the receipt of the request, during which period 7the Department may cause to be filed a petition pursuant to the 8Juvenile Court Act of 1987. If a petition is so filed, the 9Department shall retain temporary custody of the child until 10the court orders otherwise. If a petition is not filed within 11the 10-day period, the child shall be surrendered to the 12custody of the requesting parent, guardian, or custodian not 13later than the expiration of the 10-day period, at which time 14the authority and duties of the Department with respect to the 15temporary custody of the child shall terminate. 16 (m-1) The Department may place children under 18 years of 17age in a secure child care facility licensed by the Department 18that cares for children who are in need of secure living 19arrangements for their health, safety, and well-being after a 20determination is made by the facility director and the 21Director or the Director's designate prior to admission to the 22facility subject to Section 2-27.1 of the Juvenile Court Act 23of 1987. This subsection (m-1) does not apply to a child who is 24subject to placement in a correctional facility operated 25pursuant to Section 3-15-2 of the Unified Code of Corrections, 26unless the child is a youth in care who was placed in the care HB3243- 56 -LRB104 10408 AAS 20483 b 1of the Department before being subject to placement in a 2correctional facility and a court of competent jurisdiction 3has ordered placement of the child in a secure care facility. 4 (n) The Department may place children under 18 years of 5age in licensed child care facilities when in the opinion of 6the Department, appropriate services aimed at family 7preservation have been unsuccessful and cannot ensure the 8child's health and safety or are unavailable and such 9placement would be for their best interest. Payment for board, 10clothing, care, training and supervision of any child placed 11in a licensed child care facility may be made by the 12Department, by the parents or guardians of the estates of 13those children, or by both the Department and the parents or 14guardians, except that no payments shall be made by the 15Department for any child placed in a licensed child care 16facility for board, clothing, care, training, and supervision 17of such a child that exceed the average per capita cost of 18maintaining and of caring for a child in institutions for 19dependent or neglected children operated by the Department. 20However, such restriction on payments does not apply in cases 21where children require specialized care and treatment for 22problems of severe emotional disturbance, physical disability, 23social adjustment, or any combination thereof and suitable 24facilities for the placement of such children are not 25available at payment rates within the limitations set forth in 26this Section. All reimbursements for services delivered shall HB3243- 57 -LRB104 10408 AAS 20483 b 1be absolutely inalienable by assignment, sale, attachment, or 2garnishment or otherwise. 3 (n-1) The Department shall provide or authorize child 4welfare services, aimed at assisting minors to achieve 5sustainable self-sufficiency as independent adults, for any 6minor eligible for the reinstatement of wardship pursuant to 7subsection (2) of Section 2-33 of the Juvenile Court Act of 81987, whether or not such reinstatement is sought or allowed, 9provided that the minor consents to such services and has not 10yet attained the age of 21. The Department shall have 11responsibility for the development and delivery of services 12under this Section. An eligible youth may access services 13under this Section through the Department of Children and 14Family Services or by referral from the Department of Human 15Services. Youth participating in services under this Section 16shall cooperate with the assigned case manager in developing 17an agreement identifying the services to be provided and how 18the youth will increase skills to achieve self-sufficiency. A 19homeless shelter is not considered appropriate housing for any 20youth receiving child welfare services under this Section. The 21Department shall continue child welfare services under this 22Section to any eligible minor until the minor becomes 21 years 23of age, no longer consents to participate, or achieves 24self-sufficiency as identified in the minor's service plan. 25The Department of Children and Family Services shall create 26clear, readable notice of the rights of former foster youth to HB3243- 58 -LRB104 10408 AAS 20483 b 1child welfare services under this Section and how such 2services may be obtained. The Department of Children and 3Family Services and the Department of Human Services shall 4disseminate this information statewide. The Department shall 5adopt regulations describing services intended to assist 6minors in achieving sustainable self-sufficiency as 7independent adults. 8 (o) The Department shall establish an administrative 9review and appeal process for children and families who 10request or receive child welfare services from the Department. 11Youth in care who are placed by private child welfare 12agencies, and foster families with whom those youth are 13placed, shall be afforded the same procedural and appeal 14rights as children and families in the case of placement by the 15Department, including the right to an initial review of a 16private agency decision by that agency. The Department shall 17ensure that any private child welfare agency, which accepts 18youth in care for placement, affords those rights to children 19and foster families. The Department shall accept for 20administrative review and an appeal hearing a complaint made 21by (i) a child or foster family concerning a decision 22following an initial review by a private child welfare agency 23or (ii) a prospective adoptive parent who alleges a violation 24of subsection (j-5) of this Section. An appeal of a decision 25concerning a change in the placement of a child shall be 26conducted in an expedited manner. A court determination that a HB3243- 59 -LRB104 10408 AAS 20483 b 1current foster home placement is necessary and appropriate 2under Section 2-28 of the Juvenile Court Act of 1987 does not 3constitute a judicial determination on the merits of an 4administrative appeal, filed by a former foster parent, 5involving a change of placement decision. 6 (p) (Blank). 7 (q) The Department may receive and use, in their entirety, 8for the benefit of children any gift, donation, or bequest of 9money or other property which is received on behalf of such 10children, or any financial benefits to which such children are 11or may become entitled while under the jurisdiction or care of 12the Department, except that the benefits described in Section 135.46 must be used and conserved consistent with the provisions 14under Section 5.46. 15 The Department shall set up and administer no-cost, 16interest-bearing accounts in appropriate financial 17institutions for children for whom the Department is legally 18responsible and who have been determined eligible for 19Veterans' Benefits, Social Security benefits, assistance 20allotments from the armed forces, court ordered payments, 21parental voluntary payments, Supplemental Security Income, 22Railroad Retirement payments, Black Lung benefits, or other 23miscellaneous payments. Interest earned by each account shall 24be credited to the account, unless disbursed in accordance 25with this subsection. 26 In disbursing funds from children's accounts, the HB3243- 60 -LRB104 10408 AAS 20483 b 1Department shall: 2 (1) Establish standards in accordance with State and 3 federal laws for disbursing money from children's 4 accounts. In all circumstances, the Department's 5 Guardianship Administrator or the Guardianship 6 Administrator's designee must approve disbursements from 7 children's accounts. The Department shall be responsible 8 for keeping complete records of all disbursements for each 9 account for any purpose. 10 (2) Calculate on a monthly basis the amounts paid from 11 State funds for the child's board and care, medical care 12 not covered under Medicaid, and social services; and 13 utilize funds from the child's account, as covered by 14 regulation, to reimburse those costs. Monthly, 15 disbursements from all children's accounts, up to 1/12 of 16 $13,000,000, shall be deposited by the Department into the 17 General Revenue Fund and the balance over 1/12 of 18 $13,000,000 into the DCFS Children's Services Fund. 19 (3) Maintain any balance remaining after reimbursing 20 for the child's costs of care, as specified in item (2). 21 The balance shall accumulate in accordance with relevant 22 State and federal laws and shall be disbursed to the child 23 or the child's guardian or to the issuing agency. 24 (r) The Department shall promulgate regulations 25encouraging all adoption agencies to voluntarily forward to 26the Department or its agent names and addresses of all persons HB3243- 61 -LRB104 10408 AAS 20483 b 1who have applied for and have been approved for adoption of a 2hard-to-place child or child with a disability and the names 3of such children who have not been placed for adoption. A list 4of such names and addresses shall be maintained by the 5Department or its agent, and coded lists which maintain the 6confidentiality of the person seeking to adopt the child and 7of the child shall be made available, without charge, to every 8adoption agency in the State to assist the agencies in placing 9such children for adoption. The Department may delegate to an 10agent its duty to maintain and make available such lists. The 11Department shall ensure that such agent maintains the 12confidentiality of the person seeking to adopt the child and 13of the child. 14 (s) The Department of Children and Family Services may 15establish and implement a program to reimburse Department and 16private child welfare agency foster parents licensed by the 17Department of Children and Family Services for damages 18sustained by the foster parents as a result of the malicious or 19negligent acts of foster children, as well as providing third 20party coverage for such foster parents with regard to actions 21of foster children to other individuals. Such coverage will be 22secondary to the foster parent liability insurance policy, if 23applicable. The program shall be funded through appropriations 24from the General Revenue Fund, specifically designated for 25such purposes. 26 (t) The Department shall perform home studies and HB3243- 62 -LRB104 10408 AAS 20483 b 1investigations and shall exercise supervision over visitation 2as ordered by a court pursuant to the Illinois Marriage and 3Dissolution of Marriage Act or the Adoption Act only if: 4 (1) an order entered by an Illinois court specifically 5 directs the Department to perform such services; and 6 (2) the court has ordered one or both of the parties to 7 the proceeding to reimburse the Department for its 8 reasonable costs for providing such services in accordance 9 with Department rules, or has determined that neither 10 party is financially able to pay. 11 The Department shall provide written notification to the 12court of the specific arrangements for supervised visitation 13and projected monthly costs within 60 days of the court order. 14The Department shall send to the court information related to 15the costs incurred except in cases where the court has 16determined the parties are financially unable to pay. The 17court may order additional periodic reports as appropriate. 18 (u) In addition to other information that must be 19provided, whenever the Department places a child with a 20prospective adoptive parent or parents, in a licensed foster 21home, group home, or child care institution, or in a relative 22home, the Department shall provide to the prospective adoptive 23parent or parents or other caretaker: 24 (1) available detailed information concerning the 25 child's educational and health history, copies of 26 immunization records (including insurance and medical card HB3243- 63 -LRB104 10408 AAS 20483 b 1 information), a history of the child's previous 2 placements, if any, and reasons for placement changes 3 excluding any information that identifies or reveals the 4 location of any previous caretaker; 5 (2) a copy of the child's portion of the client 6 service plan, including any visitation arrangement, and 7 all amendments or revisions to it as related to the child; 8 and 9 (3) information containing details of the child's 10 individualized educational plan when the child is 11 receiving special education services. 12 The caretaker shall be informed of any known social or 13behavioral information (including, but not limited to, 14criminal background, fire setting, perpetuation of sexual 15abuse, destructive behavior, and substance abuse) necessary to 16care for and safeguard the children to be placed or currently 17in the home. The Department may prepare a written summary of 18the information required by this paragraph, which may be 19provided to the foster or prospective adoptive parent in 20advance of a placement. The foster or prospective adoptive 21parent may review the supporting documents in the child's file 22in the presence of casework staff. In the case of an emergency 23placement, casework staff shall at least provide known 24information verbally, if necessary, and must subsequently 25provide the information in writing as required by this 26subsection. HB3243- 64 -LRB104 10408 AAS 20483 b 1 The information described in this subsection shall be 2provided in writing. In the case of emergency placements when 3time does not allow prior review, preparation, and collection 4of written information, the Department shall provide such 5information as it becomes available. Within 10 business days 6after placement, the Department shall obtain from the 7prospective adoptive parent or parents or other caretaker a 8signed verification of receipt of the information provided. 9Within 10 business days after placement, the Department shall 10provide to the child's guardian ad litem a copy of the 11information provided to the prospective adoptive parent or 12parents or other caretaker. The information provided to the 13prospective adoptive parent or parents or other caretaker 14shall be reviewed and approved regarding accuracy at the 15supervisory level. 16 (u-5) Effective July 1, 1995, only foster care placements 17licensed as foster family homes pursuant to the Child Care Act 18of 1969 shall be eligible to receive foster care payments from 19the Department. Relative caregivers who, as of July 1, 1995, 20were approved pursuant to approved relative placement rules 21previously promulgated by the Department at 89 Ill. Adm. Code 22335 and had submitted an application for licensure as a foster 23family home may continue to receive foster care payments only 24until the Department determines that they may be licensed as a 25foster family home or that their application for licensure is 26denied or until September 30, 1995, whichever occurs first. HB3243- 65 -LRB104 10408 AAS 20483 b 1 (v) The Department shall access criminal history record 2information as defined in the Illinois Uniform Conviction 3Information Act and information maintained in the adjudicatory 4and dispositional record system as defined in Section 2605-355 5of the Illinois State Police Law if the Department determines 6the information is necessary to perform its duties under the 7Abused and Neglected Child Reporting Act, the Child Care Act 8of 1969, and the Children and Family Services Act. The 9Department shall provide for interactive computerized 10communication and processing equipment that permits direct 11on-line communication with the Illinois State Police's central 12criminal history data repository. The Department shall comply 13with all certification requirements and provide certified 14operators who have been trained by personnel from the Illinois 15State Police. In addition, one Office of the Inspector General 16investigator shall have training in the use of the criminal 17history information access system and have access to the 18terminal. The Department of Children and Family Services and 19its employees shall abide by rules and regulations established 20by the Illinois State Police relating to the access and 21dissemination of this information. 22 (v-1) Prior to final approval for placement of a child, 23the Department shall conduct a criminal records background 24check of the prospective foster or adoptive parent, including 25fingerprint-based checks of national crime information 26databases. Final approval for placement shall not be granted HB3243- 66 -LRB104 10408 AAS 20483 b 1if the record check reveals a felony conviction for child 2abuse or neglect, for spousal abuse, for a crime against 3children, or for a crime involving violence, including rape, 4sexual assault, or homicide, but not including other physical 5assault or battery, or if there is a felony conviction for 6physical assault, battery, or a drug-related offense committed 7within the past 5 years. 8 (v-2) Prior to final approval for placement of a child, 9the Department shall check its child abuse and neglect 10registry for information concerning prospective foster and 11adoptive parents, and any adult living in the home. If any 12prospective foster or adoptive parent or other adult living in 13the home has resided in another state in the preceding 5 years, 14the Department shall request a check of that other state's 15child abuse and neglect registry. 16 (w) Within 120 days of August 20, 1995 (the effective date 17of Public Act 89-392), the Department shall prepare and submit 18to the Governor and the General Assembly, a written plan for 19the development of in-state licensed secure child care 20facilities that care for children who are in need of secure 21living arrangements for their health, safety, and well-being. 22For purposes of this subsection, secure care facility shall 23mean a facility that is designed and operated to ensure that 24all entrances and exits from the facility, a building or a 25distinct part of the building, are under the exclusive control 26of the staff of the facility, whether or not the child has the HB3243- 67 -LRB104 10408 AAS 20483 b 1freedom of movement within the perimeter of the facility, 2building, or distinct part of the building. The plan shall 3include descriptions of the types of facilities that are 4needed in Illinois; the cost of developing these secure care 5facilities; the estimated number of placements; the potential 6cost savings resulting from the movement of children currently 7out-of-state who are projected to be returned to Illinois; the 8necessary geographic distribution of these facilities in 9Illinois; and a proposed timetable for development of such 10facilities. 11 (x) The Department shall conduct annual credit history 12checks to determine the financial history of children placed 13under its guardianship pursuant to the Juvenile Court Act of 141987. The Department shall conduct such credit checks starting 15when a youth in care turns 12 years old and each year 16thereafter for the duration of the guardianship as terminated 17pursuant to the Juvenile Court Act of 1987. The Department 18shall determine if financial exploitation of the child's 19personal information has occurred. If financial exploitation 20appears to have taken place or is presently ongoing, the 21Department shall notify the proper law enforcement agency, the 22proper State's Attorney, or the Attorney General. 23 (y) Beginning on July 22, 2010 (the effective date of 24Public Act 96-1189), a child with a disability who receives 25residential and educational services from the Department shall 26be eligible to receive transition services in accordance with HB3243- 68 -LRB104 10408 AAS 20483 b 1Article 14 of the School Code from the age of 14.5 through age 221, inclusive, notwithstanding the child's residential 3services arrangement. For purposes of this subsection, "child 4with a disability" means a child with a disability as defined 5by the federal Individuals with Disabilities Education 6Improvement Act of 2004. 7 (z) The Department shall access criminal history record 8information as defined as "background information" in this 9subsection and criminal history record information as defined 10in the Illinois Uniform Conviction Information Act for each 11Department employee or Department applicant. Each Department 12employee or Department applicant shall submit the employee's 13or applicant's fingerprints to the Illinois State Police in 14the form and manner prescribed by the Illinois State Police. 15These fingerprints shall be checked against the fingerprint 16records now and hereafter filed in the Illinois State Police 17and the Federal Bureau of Investigation criminal history 18records databases. The Illinois State Police shall charge a 19fee for conducting the criminal history record check, which 20shall be deposited into the State Police Services Fund and 21shall not exceed the actual cost of the record check. The 22Illinois State Police shall furnish, pursuant to positive 23identification, all Illinois conviction information to the 24Department of Children and Family Services. 25 For purposes of this subsection: 26 "Background information" means all of the following: HB3243- 69 -LRB104 10408 AAS 20483 b 1 (i) Upon the request of the Department of Children and 2 Family Services, conviction information obtained from the 3 Illinois State Police as a result of a fingerprint-based 4 criminal history records check of the Illinois criminal 5 history records database and the Federal Bureau of 6 Investigation criminal history records database concerning 7 a Department employee or Department applicant. 8 (ii) Information obtained by the Department of 9 Children and Family Services after performing a check of 10 the Illinois State Police's Sex Offender Database, as 11 authorized by Section 120 of the Sex Offender Community 12 Notification Law, concerning a Department employee or 13 Department applicant. 14 (iii) Information obtained by the Department of 15 Children and Family Services after performing a check of 16 the Child Abuse and Neglect Tracking System (CANTS) 17 operated and maintained by the Department. 18 "Department employee" means a full-time or temporary 19employee coded or certified within the State of Illinois 20Personnel System. 21 "Department applicant" means an individual who has 22conditional Department full-time or part-time work, a 23contractor, an individual used to replace or supplement staff, 24an academic intern, a volunteer in Department offices or on 25Department contracts, a work-study student, an individual or 26entity licensed by the Department, or an unlicensed service HB3243- 70 -LRB104 10408 AAS 20483 b 1provider who works as a condition of a contract or an agreement 2and whose work may bring the unlicensed service provider into 3contact with Department clients or client records. 4(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 5102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff. 61-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.) 7 Section 5-20. The Criminal Identification Act is amended 8by changing Section 3.2 as follows: 9 (20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2) 10 Sec. 3.2. (a) It is the duty of any person conducting or 11operating a medical facility, or any physician or nurse as 12soon as treatment permits to notify the local law enforcement 13agency of that jurisdiction upon the application for treatment 14of a person who is not accompanied by a law enforcement 15officer, when it reasonably appears that the person requesting 16treatment has received: 17 (1) any injury resulting from the discharge of a 18 firearm; or 19 (2) any injury sustained in the commission of or as a 20 victim of a criminal offense. 21 Any hospital, physician or nurse shall be forever held 22harmless from any civil liability for their reasonable 23compliance with the provisions of this Section. 24 (b) Notwithstanding subsection (a), nothing in this HB3243- 71 -LRB104 10408 AAS 20483 b 1Section shall be construed to require the reporting of lawful 2health care activity, whether such activity may constitute a 3violation of another state's law. 4 (c) As used in this Section: 5 "Lawful health care" means: 6 (1) reproductive health care that is not unlawful 7 under the laws of this State or was not unlawful under the 8 laws of this State as of January 13, 2023 (the effective 9 date of Public Act 102-1117), including on any theory of 10 vicarious, joint, several, or conspiracy liability; or 11 (2) the treatment of gender dysphoria or the 12 affirmation of an individual's gender identity or gender 13 expression, including but not limited to, all supplies, 14 care, and services of a medical, behavioral health, mental 15 health, surgical, psychiatric, therapeutic, diagnostic, 16 preventative, rehabilitative, or supportive nature that is 17 not unlawful under the laws of this State or was not 18 unlawful under the laws of this State as of January 13, 19 2023 (the effective date of Public Act 102-1117), 20 including on any theory of vicarious, joint, several, or 21 conspiracy liability. 22 "Lawful health care activity" means seeking, providing, 23receiving, assisting in seeking, providing, or receiving, 24providing material support for, or traveling to obtain lawful 25health care. 26(Source: P.A. 102-1117, eff. 1-13-23; 103-551, eff. 8-11-23.) HB3243- 72 -LRB104 10408 AAS 20483 b 1 Section 5-25. The Counties Code is amended by changing 2Sections 3-3013, 3-4006, and 5-1069.3 as follows: 3 (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013) 4 Sec. 3-3013. Preliminary investigations; blood and urine 5analysis; summoning jury; reports. Every coroner, whenever, 6as soon as he knows or is informed that the dead body of any 7person is found, or lying within his county, whose death is 8suspected of being: 9 (a) A sudden or violent death, whether apparently 10 suicidal, homicidal, or accidental, including, but not 11 limited to, deaths apparently caused or contributed to by 12 thermal, traumatic, chemical, electrical, or radiational 13 injury, or a complication of any of them, or by drowning or 14 suffocation, or as a result of domestic violence as 15 defined in the Illinois Domestic Violence Act of 1986; 16 (b) A maternal or fetal death due to abortion, or any 17 death due to a sex crime or a crime against nature; 18 (c) A death where the circumstances are suspicious, 19 obscure, mysterious, or otherwise unexplained or where, in 20 the written opinion of the attending physician, the cause 21 of death is not determined; 22 (d) A death where addiction to alcohol or to any drug 23 may have been a contributory cause; or 24 (e) A death where the decedent was not attended by a HB3243- 73 -LRB104 10408 AAS 20483 b 1 licensed physician; 2shall go to the place where the dead body is and take charge of 3the same and shall make a preliminary investigation into the 4circumstances of the death. In the case of death without 5attendance by a licensed physician, the body may be moved with 6the coroner's consent from the place of death to a mortuary in 7the same county. Coroners in their discretion shall notify 8such physician as is designated in accordance with Section 93-3014 to attempt to ascertain the cause of death, either by 10autopsy or otherwise. 11 In cases of accidental death involving a motor vehicle in 12which the decedent was (1) the operator or a suspected 13operator of a motor vehicle, or (2) a pedestrian 16 years of 14age or older, the coroner shall require that a blood specimen 15of at least 30 cc., and if medically possible a urine specimen 16of at least 30 cc. or as much as possible up to 30 cc., be 17withdrawn from the body of the decedent in a timely fashion 18after the crash causing his death, by such physician as has 19been designated in accordance with Section 3-3014, or by the 20coroner or deputy coroner or a qualified person designated by 21such physician, coroner, or deputy coroner. If the county does 22not maintain laboratory facilities for making such analysis, 23the blood and urine so drawn shall be sent to the Illinois 24State Police or any other accredited or State-certified 25laboratory for analysis of the alcohol, carbon monoxide, and 26dangerous or narcotic drug content of such blood and urine HB3243- 74 -LRB104 10408 AAS 20483 b 1specimens. Each specimen submitted shall be accompanied by 2pertinent information concerning the decedent upon a form 3prescribed by such laboratory. Any person drawing blood and 4urine and any person making any examination of the blood and 5urine under the terms of this Division shall be immune from all 6liability, civil or criminal, that might otherwise be incurred 7or imposed. 8 In all other cases coming within the jurisdiction of the 9coroner and referred to in subparagraphs (a) through (e) 10above, blood, and, whenever possible, urine samples shall be 11analyzed for the presence of alcohol and other drugs. When the 12coroner suspects that drugs may have been involved in the 13death, either directly or indirectly, a toxicological 14examination shall be performed which may include analyses of 15blood, urine, bile, gastric contents, and other tissues. When 16the coroner suspects a death is due to toxic substances, other 17than drugs, the coroner shall consult with the toxicologist 18prior to collection of samples. Information submitted to the 19toxicologist shall include information as to height, weight, 20age, sex, and race of the decedent as well as medical history, 21medications used by, and the manner of death of the decedent. 22 When the coroner or medical examiner finds that the cause 23of death is due to homicidal means, the coroner or medical 24examiner shall cause blood and buccal specimens (tissue may be 25submitted if no uncontaminated blood or buccal specimen can be 26obtained), whenever possible, to be withdrawn from the body of HB3243- 75 -LRB104 10408 AAS 20483 b 1the decedent in a timely fashion. For proper preservation of 2the specimens, collected blood and buccal specimens shall be 3dried and tissue specimens shall be frozen if available 4equipment exists. As soon as possible, but no later than 30 5days after the collection of the specimens, the coroner or 6medical examiner shall release those specimens to the police 7agency responsible for investigating the death. As soon as 8possible, but no later than 30 days after the receipt from the 9coroner or medical examiner, the police agency shall submit 10the specimens using the agency case number to a National DNA 11Index System (NDIS) participating laboratory within this 12State, such as the Illinois State Police, Division of Forensic 13Services, for analysis and categorizing into genetic marker 14groupings. The results of the analysis and categorizing into 15genetic marker groupings shall be provided to the Illinois 16State Police and shall be maintained by the Illinois State 17Police in the State central repository in the same manner, and 18subject to the same conditions, as provided in Section 5-4-3 19of the Unified Code of Corrections. The requirements of this 20paragraph are in addition to any other findings, specimens, or 21information that the coroner or medical examiner is required 22to provide during the conduct of a criminal investigation. 23 In all counties, in cases of apparent suicide, homicide, 24or accidental death or in other cases, within the discretion 25of the coroner, the coroner may summon 8 persons of lawful age 26from those persons drawn for petit jurors in the county. The HB3243- 76 -LRB104 10408 AAS 20483 b 1summons shall command these persons to present themselves 2personally at such a place and time as the coroner shall 3determine, and may be in any form which the coroner shall 4determine and may incorporate any reasonable form of request 5for acknowledgment which the coroner deems practical and 6provides a reliable proof of service. The summons may be 7served by first class mail. From the 8 persons so summoned, the 8coroner shall select 6 to serve as the jury for the inquest. 9Inquests may be continued from time to time, as the coroner may 10deem necessary. The 6 jurors selected in a given case may view 11the body of the deceased. If at any continuation of an inquest 12one or more of the original jurors shall be unable to continue 13to serve, the coroner shall fill the vacancy or vacancies. A 14juror serving pursuant to this paragraph shall receive 15compensation from the county at the same rate as the rate of 16compensation that is paid to petit or grand jurors in the 17county. The coroner shall furnish to each juror without fee at 18the time of his discharge a certificate of the number of days 19in attendance at an inquest, and, upon being presented with 20such certificate, the county treasurer shall pay to the juror 21the sum provided for his services. 22 In counties which have a jury commission, in cases of 23apparent suicide or homicide or of accidental death, the 24coroner may conduct an inquest. The jury commission shall 25provide at least 8 jurors to the coroner, from whom the coroner 26shall select any 6 to serve as the jury for the inquest. HB3243- 77 -LRB104 10408 AAS 20483 b 1Inquests may be continued from time to time as the coroner may 2deem necessary. The 6 jurors originally chosen in a given case 3may view the body of the deceased. If at any continuation of an 4inquest one or more of the 6 jurors originally chosen shall be 5unable to continue to serve, the coroner shall fill the 6vacancy or vacancies. At the coroner's discretion, additional 7jurors to fill such vacancies shall be supplied by the jury 8commission. A juror serving pursuant to this paragraph in such 9county shall receive compensation from the county at the same 10rate as the rate of compensation that is paid to petit or grand 11jurors in the county. 12 In every case in which a fire is determined to be a 13contributing factor in a death, the coroner shall report the 14death to the Office of the State Fire Marshal. The coroner 15shall provide a copy of the death certificate (i) within 30 16days after filing the permanent death certificate and (ii) in 17a manner that is agreed upon by the coroner and the State Fire 18Marshal. 19 In every case in which a drug overdose is officially 20determined to be the cause or a contributing factor in the 21death, the coroner or medical examiner shall report the death 22to the Department of Public Health. The Department of Public 23Health shall adopt rules regarding specific information that 24must be reported in the event of such a death, including, at a 25minimum, the following information, if possible: (i) the cause 26of the overdose; (ii) whether or not fentanyl was part or all HB3243- 78 -LRB104 10408 AAS 20483 b 1of the consumed substance; (iii) if fentanyl is part of the 2consumed substance, what other substances were consumed; and 3(iv) if fentanyl is part of the consumed substance, in what 4proportion was fentanyl consumed to other substance or 5substances. The coroner must also communicate whether there 6was a suspicious level of fentanyl in combination with other 7controlled substances present to all law enforcement agencies 8in whose jurisdiction the deceased's body was found in a 9prompt manner. As used in this paragraph, "overdose" has the 10same meaning as it does in Section 414 of the Illinois 11Controlled Substances Act. The Department of Public Health 12shall issue a semiannual report to the General Assembly 13summarizing the reports received. The Department shall also 14provide on its website a monthly report of overdose death 15figures organized by location, age, and any other factors the 16Department deems appropriate. 17 In addition, in every case in which domestic violence is 18determined to be a contributing factor in a death, the coroner 19shall report the death to the Illinois State Police. 20 All deaths in State institutions and all deaths of wards 21of the State or youth in care as defined in Section 4d of the 22Children and Family Services Act in private care facilities or 23in programs funded by the Department of Human Services under 24its powers relating to mental health and developmental 25disabilities or alcoholism and substance abuse or funded by 26the Department of Children and Family Services shall be HB3243- 79 -LRB104 10408 AAS 20483 b 1reported to the coroner of the county in which the facility is 2located. If the coroner has reason to believe that an 3investigation is needed to determine whether the death was 4caused by maltreatment or negligent care of the ward of the 5State or youth in care as defined in Section 4d of the Children 6and Family Services Act, the coroner may conduct a preliminary 7investigation of the circumstances of such death as in cases 8of death under circumstances set forth in subparagraphs (a) 9through (e) of this Section. 10(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23; 11103-154, eff. 6-30-23; 103-842, eff. 1-1-25.) 12 (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006) 13 Sec. 3-4006. Duties of public defender. The Public 14Defender, as directed by the court, shall act as attorney, 15without fee, before any court within any county for all 16persons who are held in custody or who are charged with the 17commission of any criminal offense, and who the court finds 18are unable to employ counsel. 19 The Public Defender shall be the attorney, without fee, 20when so appointed by the court under Section 1-20 of the 21Juvenile Court Act or Section 1-5 of the Juvenile Court Act of 221987 or by any court under subsection (b) of Section 4-5 of the 23Parental Notice of Abortion Act of 2025 for any party who the 24court finds is financially unable to employ counsel. 25 In cases subject to Section 5-170 of the Juvenile Court HB3243- 80 -LRB104 10408 AAS 20483 b 1Act of 1987 involving a minor who was under 15 years of age at 2the time of the commission of the offense, that occurs in a 3county with a full-time public defender office, a public 4defender, without fee or appointment, may represent and have 5access to a minor during a custodial interrogation. In cases 6subject to Section 5-170 of the Juvenile Court Act of 1987 7involving a minor who was under 15 years of age at the time of 8the commission of the offense, that occurs in a county without 9a full-time public defender, the law enforcement agency 10conducting the custodial interrogation shall ensure that the 11minor is able to consult with an attorney who is under contract 12with the county to provide public defender services. 13Representation by the public defender shall terminate at the 14first court appearance if the court determines that the minor 15is not indigent. 16 Every court shall, with the consent of the defendant and 17where the court finds that the rights of the defendant would be 18prejudiced by the appointment of the public defender, appoint 19counsel other than the public defender, except as otherwise 20provided in Section 113-3 of the "Code of Criminal Procedure 21of 1963". That counsel shall be compensated as is provided by 22law. He shall also, in the case of the conviction of any such 23person, prosecute any proceeding in review which in his 24judgment the interests of justice require. 25 In counties with a population over 3,000,000, the public 26defender, without fee or appointment and with the concurrence HB3243- 81 -LRB104 10408 AAS 20483 b 1of the county board, may act as attorney to noncitizens in 2immigration cases. Representation by the public defender in 3immigration cases shall be limited to those arising in 4immigration courts located within the geographical boundaries 5of the county where the public defender has been appointed to 6office unless the board authorizes the public defender to 7provide representation outside the county. 8(Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.) 9 (55 ILCS 5/5-1069.3) 10 Sec. 5-1069.3. Required health benefits. If a county, 11including a home rule county, is a self-insurer for purposes 12of providing health insurance coverage for its employees, the 13coverage shall include coverage for the post-mastectomy care 14benefits required to be covered by a policy of accident and 15health insurance under Section 356t and the coverage required 16under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 17356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 18356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 19356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 20356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 21356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 22356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and 356z.71, 23356z.74, and 356z.77 of the Illinois Insurance Code. The 24coverage shall comply with Sections 155.22a, 355b, 356z.19, 25and 370c of the Illinois Insurance Code. The Department of HB3243- 82 -LRB104 10408 AAS 20483 b 1Insurance shall enforce the requirements of this Section. The 2requirement that health benefits be covered as provided in 3this Section is an exclusive power and function of the State 4and is a denial and limitation under Article VII, Section 6, 5subsection (h) of the Illinois Constitution. A home rule 6county to which this Section applies must comply with every 7provision of this Section. 8 Rulemaking authority to implement Public Act 95-1045, if 9any, is conditioned on the rules being adopted in accordance 10with all provisions of the Illinois Administrative Procedure 11Act and all rules and procedures of the Joint Committee on 12Administrative Rules; any purported rule not so adopted, for 13whatever reason, is unauthorized. 14(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 15102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 161-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, 17eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 18102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 191-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, 20eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 21103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 227-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, 23eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 24revised 11-26-24.) 25 Section 5-30. The Illinois Municipal Code is amended by HB3243- 83 -LRB104 10408 AAS 20483 b 1changing Section 10-4-2.3 as follows: 2 (65 ILCS 5/10-4-2.3) 3 Sec. 10-4-2.3. Required health benefits. If a 4municipality, including a home rule municipality, is a 5self-insurer for purposes of providing health insurance 6coverage for its employees, the coverage shall include 7coverage for the post-mastectomy care benefits required to be 8covered by a policy of accident and health insurance under 9Section 356t and the coverage required under Sections 356g, 10356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x, 11356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 12356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 13356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 14356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 15356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 16356z.67, 356z.68, and 356z.70, and 356z.71, 356z.74, and 17356z.77 of the Illinois Insurance Code. The coverage shall 18comply with Sections 155.22a, 355b, 356z.19, and 370c of the 19Illinois Insurance Code. The Department of Insurance shall 20enforce the requirements of this Section. The requirement that 21health benefits be covered as provided in this is an exclusive 22power and function of the State and is a denial and limitation 23under Article VII, Section 6, subsection (h) of the Illinois 24Constitution. A home rule municipality to which this Section 25applies must comply with every provision of this Section. HB3243- 84 -LRB104 10408 AAS 20483 b 1 Rulemaking authority to implement Public Act 95-1045, if 2any, is conditioned on the rules being adopted in accordance 3with all provisions of the Illinois Administrative Procedure 4Act and all rules and procedures of the Joint Committee on 5Administrative Rules; any purported rule not so adopted, for 6whatever reason, is unauthorized. 7(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 8102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 91-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, 10eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 11102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 121-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, 13eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 14103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 157-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, 16eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 17revised 11-26-24.) 18 Section 5-35. The School Code is amended by changing 19Section 10-22.3f as follows: 20 (105 ILCS 5/10-22.3f) 21 Sec. 10-22.3f. Required health benefits. Insurance 22protection and benefits for employees shall provide the 23post-mastectomy care benefits required to be covered by a 24policy of accident and health insurance under Section 356t and HB3243- 85 -LRB104 10408 AAS 20483 b 1the coverage required under Sections 356g, 356g.5, 356g.5-1, 2356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a, 3356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 4356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 5356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 6356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 7356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and 8356z.71, 356z.74, and 356z.77 of the Illinois Insurance Code. 9Insurance policies shall comply with Section 356z.19 of the 10Illinois Insurance Code. The coverage shall comply with 11Sections 155.22a, 355b, and 370c of the Illinois Insurance 12Code. The Department of Insurance shall enforce the 13requirements of this Section. 14 Rulemaking authority to implement Public Act 95-1045, if 15any, is conditioned on the rules being adopted in accordance 16with all provisions of the Illinois Administrative Procedure 17Act and all rules and procedures of the Joint Committee on 18Administrative Rules; any purported rule not so adopted, for 19whatever reason, is unauthorized. 20(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 21102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 221-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, 23eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 24102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 251-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, 26eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; HB3243- 86 -LRB104 10408 AAS 20483 b 1103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718, eff. 27-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, 3eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.) 4 Section 5-40. The Ambulatory Surgical Treatment Center Act 5is amended by changing Sections 2 and 3 and by adding Section 66.2 as follows: 7 (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2) 8 Sec. 2. It is declared to be the public policy that the 9State has a legitimate interest in assuring that all medical 10procedures, including abortions, are performed under 11circumstances that insure maximum safety. Therefore, the 12purpose of this Act is to provide for the better protection of 13the public health through the development, establishment, and 14enforcement of standards (1) for the care of individuals in 15ambulatory surgical treatment centers, and (2) for the 16construction, maintenance and operation of ambulatory surgical 17treatment centers, which, in light of advancing knowledge, 18will promote safe and adequate treatment of such individuals 19in ambulatory surgical treatment centers. 20(Source: P.A. 101-13, eff. 6-12-19.) 21 (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3) 22 Sec. 3. As used in this Act, unless the context otherwise 23requires, the following words and phrases shall have the HB3243- 87 -LRB104 10408 AAS 20483 b 1meanings ascribed to them: 2 (A) "Ambulatory surgical treatment center" means any 3institution, place or building devoted primarily to the 4maintenance and operation of facilities for the performance of 5surgical procedures. "Ambulatory surgical treatment center" 6includes any place that meets and complies with the definition 7of an ambulatory surgical treatment center under the rules 8adopted by the Department or any facility in which a medical or 9surgical procedure is utilized to terminate a pregnancy, 10irrespective of whether the facility is devoted primarily to 11this purpose. Such facility shall not provide beds or other 12accommodations for the overnight stay of patients; however, 13facilities devoted exclusively to the treatment of children 14may provide accommodations and beds for their patients for up 15to 23 hours following admission. Individual patients shall be 16discharged in an ambulatory condition without danger to the 17continued well being of the patients or shall be transferred 18to a hospital. 19 The term "ambulatory surgical treatment center" does not 20include any of the following: 21 (1) Any institution, place, building or agency 22 required to be licensed pursuant to the "Hospital 23 Licensing Act", approved July 1, 1953, as amended. 24 (2) Any person or institution required to be licensed 25 pursuant to the Nursing Home Care Act, the Specialized 26 Mental Health Rehabilitation Act of 2013, the ID/DD HB3243- 88 -LRB104 10408 AAS 20483 b 1 Community Care Act, or the MC/DD Act. 2 (3) Hospitals or ambulatory surgical treatment centers 3 maintained by the State or any department or agency 4 thereof, where such department or agency has authority 5 under law to establish and enforce standards for the 6 hospitals or ambulatory surgical treatment centers under 7 its management and control. 8 (4) Hospitals or ambulatory surgical treatment centers 9 maintained by the Federal Government or agencies thereof. 10 (5) Any place, agency, clinic, or practice, public or 11 private, whether organized for profit or not, devoted 12 exclusively to the performance of dental or oral surgical 13 procedures. 14 (6) Any facility in which the performance of abortion 15 procedures, including procedures to terminate a pregnancy 16 or to manage pregnancy loss, is limited to those performed 17 without general, epidural, or spinal anesthesia, and which 18 is not otherwise required to be an ambulatory surgical 19 treatment center. For purposes of this paragraph, 20 "general, epidural, or spinal anesthesia" does not include 21 local anesthesia or intravenous sedation. Nothing in this 22 paragraph shall be construed to limit any such facility 23 from voluntarily electing to apply for licensure as an 24 ambulatory surgical treatment center. 25 (B) "Person" means any individual, firm, partnership, 26corporation, company, association, or joint stock association, HB3243- 89 -LRB104 10408 AAS 20483 b 1or the legal successor thereof. 2 (C) "Department" means the Department of Public Health of 3the State of Illinois. 4 (D) "Director" means the Director of the Department of 5Public Health of the State of Illinois. 6 (E) "Physician" means a person licensed to practice 7medicine in all of its branches in the State of Illinois. 8 (F) "Dentist" means a person licensed to practice 9dentistry under the Illinois Dental Practice Act. 10 (G) "Podiatric physician" means a person licensed to 11practice podiatry under the Podiatric Medical Practice Act of 121987. 13(Source: P.A. 101-13, eff. 6-12-19.) 14 (210 ILCS 5/6.2 new) 15 Sec. 6.2. Physician required for Centers primarily 16providing abortions. Notwithstanding any other provision of 17this Act, any corporation operating an Ambulatory Surgical 18Treatment Center devoted primarily to providing facilities for 19abortion must have a physician, who is licensed to practice 20medicine in all of its branches and is actively engaged in the 21practice of medicine at the Center, on the board of directors 22as a condition to licensure of the Center. 23 Section 5-45. The Birth Center Licensing Act is amended by 24changing Sections 5 and 30 as follows: HB3243- 90 -LRB104 10408 AAS 20483 b 1 (210 ILCS 170/5) 2 Sec. 5. Definitions. In this Act: 3 "Birth center" means a designated site, other than a 4hospital: 5 (1) in which births are planned to occur following a 6 normal, uncomplicated, and low-risk pregnancy; 7 (2) that is not the pregnant person's usual place of 8 residence; 9 (3) that is exclusively dedicated to serving the 10 childbirth-related needs of pregnant persons and their 11 newborns, and has no more than 10 beds; 12 (4) that offers prenatal care and community education 13 services and coordinates these services with other health 14 care services available in the community; and 15 (5) that does not provide general anesthesia or 16 surgery. 17 "Certified nurse midwife" means an advanced practice 18registered nurse licensed in Illinois under the Nurse Practice 19Act with full practice authority or who is delegated such 20authority as part of a written collaborative agreement with a 21physician who is associated with the birthing center or who 22has privileges at a nearby birthing hospital. 23 "Department" means the Illinois Department of Public 24Health. 25 "Hospital" does not include places where pregnant females HB3243- 91 -LRB104 10408 AAS 20483 b 1are received, cared for, or treated during delivery if it is in 2a licensed birth center, nor include any facility required to 3be licensed as a birth center. 4 "Licensed certified professional midwife" means a person 5who has successfully met the requirements under Section 45 of 6the Licensed Certified Professional Midwife Practice Act and 7holds an active license to practice as a licensed certified 8professional midwife in Illinois. 9 "Physician" means a physician licensed to practice 10medicine in all its branches in Illinois. 11(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23; 12102-1117, eff. 1-13-23.) 13 (210 ILCS 170/30) 14 Sec. 30. Minimum standards. 15 (a) The Department's rules adopted pursuant to Section 60 16of this Act shall contain minimum standards to protect the 17health and safety of a patient of a birth center. In adopting 18rules for birth centers, the Department shall consider: 19 (1) the Commission for the Accreditation of Birth 20 Centers' Standards for Freestanding Birth Centers; 21 (2) the American Academy of Pediatrics and American 22 College of Obstetricians and Gynecologists Guidelines for 23 Perinatal Care; and 24 (3) the Regionalized Perinatal Health Care Code. 25 (b) Nothing in this Section shall be construed to prohibit HB3243- 92 -LRB104 10408 AAS 20483 b 1a facility licensed as a birth center from offering other 2reproductive health care subject to any applicable laws, 3rules, regulations, or licensing requirements for those 4services. In this subsection, "reproductive health care" has 5the same meaning as used in Section 1-10 of the Reproductive 6Health Act. 7(Source: P.A. 102-518, eff. 8-20-21; 102-813, eff. 5-13-22; 8102-1117, eff. 1-13-23.) 9 Section 5-50. The Illinois Insurance Code is amended by 10changing Sections 356z.3a and 356z.4 as follows: 11 (215 ILCS 5/356z.3a) 12 Sec. 356z.3a. Billing; emergency services; 13nonparticipating providers. 14 (a) As used in this Section: 15 "Ancillary services" means: 16 (1) items and services related to emergency medicine, 17 anesthesiology, pathology, radiology, and neonatology that 18 are provided by any health care provider; 19 (2) items and services provided by assistant surgeons, 20 hospitalists, and intensivists; 21 (3) diagnostic services, including radiology and 22 laboratory services, except for advanced diagnostic 23 laboratory tests identified on the most current list 24 published by the United States Secretary of Health and HB3243- 93 -LRB104 10408 AAS 20483 b 1 Human Services under 42 U.S.C. 300gg-132(b)(3); 2 (4) items and services provided by other specialty 3 practitioners as the United States Secretary of Health and 4 Human Services specifies through rulemaking under 42 5 U.S.C. 300gg-132(b)(3); 6 (5) items and services provided by a nonparticipating 7 provider if there is no participating provider who can 8 furnish the item or service at the facility. ; and 9 (6) items and services provided by a nonparticipating 10 provider if there is no participating provider who will 11 furnish the item or service because a participating 12 provider has asserted the participating provider's rights 13 under the Health Care Right of Conscience Act. 14 "Cost sharing" means the amount an insured, beneficiary, 15or enrollee is responsible for paying for a covered item or 16service under the terms of the policy or certificate. "Cost 17sharing" includes copayments, coinsurance, and amounts paid 18toward deductibles, but does not include amounts paid towards 19premiums, balance billing by out-of-network providers, or the 20cost of items or services that are not covered under the policy 21or certificate. 22 "Emergency department of a hospital" means any hospital 23department that provides emergency services, including a 24hospital outpatient department. 25 "Emergency medical condition" has the meaning ascribed to 26that term in Section 10 of the Managed Care Reform and Patient HB3243- 94 -LRB104 10408 AAS 20483 b 1Rights Act. 2 "Emergency medical screening examination" has the meaning 3ascribed to that term in Section 10 of the Managed Care Reform 4and Patient Rights Act. 5 "Emergency services" means, with respect to an emergency 6medical condition: 7 (1) in general, an emergency medical screening 8 examination, including ancillary services routinely 9 available to the emergency department to evaluate such 10 emergency medical condition, and such further medical 11 examination and treatment as would be required to 12 stabilize the patient regardless of the department of the 13 hospital or other facility in which such further 14 examination or treatment is furnished; or 15 (2) additional items and services for which benefits 16 are provided or covered under the coverage and that are 17 furnished by a nonparticipating provider or 18 nonparticipating emergency facility regardless of the 19 department of the hospital or other facility in which such 20 items are furnished after the insured, beneficiary, or 21 enrollee is stabilized and as part of outpatient 22 observation or an inpatient or outpatient stay with 23 respect to the visit in which the services described in 24 paragraph (1) are furnished. Services after stabilization 25 cease to be emergency services only when all the 26 conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and HB3243- 95 -LRB104 10408 AAS 20483 b 1 regulations thereunder are met. 2 "Freestanding Emergency Center" means a facility licensed 3under Section 32.5 of the Emergency Medical Services (EMS) 4Systems Act. 5 "Health care facility" means, in the context of 6non-emergency services, any of the following: 7 (1) a hospital as defined in 42 U.S.C. 1395x(e); 8 (2) a hospital outpatient department; 9 (3) a critical access hospital certified under 42 10 U.S.C. 1395i-4(e); 11 (4) an ambulatory surgical treatment center as defined 12 in the Ambulatory Surgical Treatment Center Act; or 13 (5) any recipient of a license under the Hospital 14 Licensing Act that is not otherwise described in this 15 definition. 16 "Health care provider" means a provider as defined in 17subsection (d) of Section 370g. "Health care provider" does 18not include a provider of air ambulance or ground ambulance 19services. 20 "Health care services" has the meaning ascribed to that 21term in subsection (a) of Section 370g. 22 "Health insurance issuer" has the meaning ascribed to that 23term in Section 5 of the Illinois Health Insurance Portability 24and Accountability Act. 25 "Nonparticipating emergency facility" means, with respect 26to the furnishing of an item or service under a policy of group HB3243- 96 -LRB104 10408 AAS 20483 b 1or individual health insurance coverage, any of the following 2facilities that does not have a contractual relationship 3directly or indirectly with a health insurance issuer in 4relation to the coverage: 5 (1) an emergency department of a hospital; 6 (2) a Freestanding Emergency Center; 7 (3) an ambulatory surgical treatment center as defined 8 in the Ambulatory Surgical Treatment Center Act; or 9 (4) with respect to emergency services described in 10 paragraph (2) of the definition of "emergency services", a 11 hospital. 12 "Nonparticipating provider" means, with respect to the 13furnishing of an item or service under a policy of group or 14individual health insurance coverage, any health care provider 15who does not have a contractual relationship directly or 16indirectly with a health insurance issuer in relation to the 17coverage. 18 "Participating emergency facility" means any of the 19following facilities that has a contractual relationship 20directly or indirectly with a health insurance issuer offering 21group or individual health insurance coverage setting forth 22the terms and conditions on which a relevant health care 23service is provided to an insured, beneficiary, or enrollee 24under the coverage: 25 (1) an emergency department of a hospital; 26 (2) a Freestanding Emergency Center; HB3243- 97 -LRB104 10408 AAS 20483 b 1 (3) an ambulatory surgical treatment center as defined 2 in the Ambulatory Surgical Treatment Center Act; or 3 (4) with respect to emergency services described in 4 paragraph (2) of the definition of "emergency services", a 5 hospital. 6 For purposes of this definition, a single case agreement 7between an emergency facility and an issuer that is used to 8address unique situations in which an insured, beneficiary, or 9enrollee requires services that typically occur out-of-network 10constitutes a contractual relationship and is limited to the 11parties to the agreement. 12 "Participating health care facility" means any health care 13facility that has a contractual relationship directly or 14indirectly with a health insurance issuer offering group or 15individual health insurance coverage setting forth the terms 16and conditions on which a relevant health care service is 17provided to an insured, beneficiary, or enrollee under the 18coverage. A single case agreement between an emergency 19facility and an issuer that is used to address unique 20situations in which an insured, beneficiary, or enrollee 21requires services that typically occur out-of-network 22constitutes a contractual relationship for purposes of this 23definition and is limited to the parties to the agreement. 24 "Participating provider" means any health care provider 25that has a contractual relationship directly or indirectly 26with a health insurance issuer offering group or individual HB3243- 98 -LRB104 10408 AAS 20483 b 1health insurance coverage setting forth the terms and 2conditions on which a relevant health care service is provided 3to an insured, beneficiary, or enrollee under the coverage. 4 "Qualifying payment amount" has the meaning given to that 5term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations 6promulgated thereunder. 7 "Recognized amount" means the lesser of the amount 8initially billed by the provider or the qualifying payment 9amount. 10 "Stabilize" means "stabilization" as defined in Section 10 11of the Managed Care Reform and Patient Rights Act. 12 "Treating provider" means a health care provider who has 13evaluated the individual. 14 "Visit" means, with respect to health care services 15furnished to an individual at a health care facility, health 16care services furnished by a provider at the facility, as well 17as equipment, devices, telehealth services, imaging services, 18laboratory services, and preoperative and postoperative 19services regardless of whether the provider furnishing such 20services is at the facility. 21 (b) Emergency services. When a beneficiary, insured, or 22enrollee receives emergency services from a nonparticipating 23provider or a nonparticipating emergency facility, the health 24insurance issuer shall ensure that the beneficiary, insured, 25or enrollee shall incur no greater out-of-pocket costs than 26the beneficiary, insured, or enrollee would have incurred with HB3243- 99 -LRB104 10408 AAS 20483 b 1a participating provider or a participating emergency 2facility. Any cost-sharing requirements shall be applied as 3though the emergency services had been received from a 4participating provider or a participating facility. Cost 5sharing shall be calculated based on the recognized amount for 6the emergency services. If the cost sharing for the same item 7or service furnished by a participating provider would have 8been a flat-dollar copayment, that amount shall be the 9cost-sharing amount unless the provider has billed a lesser 10total amount. In no event shall the beneficiary, insured, 11enrollee, or any group policyholder or plan sponsor be liable 12to or billed by the health insurance issuer, the 13nonparticipating provider, or the nonparticipating emergency 14facility for any amount beyond the cost sharing calculated in 15accordance with this subsection with respect to the emergency 16services delivered. Administrative requirements or limitations 17shall be no greater than those applicable to emergency 18services received from a participating provider or a 19participating emergency facility. 20 (b-5) Non-emergency services at participating health care 21facilities. 22 (1) When a beneficiary, insured, or enrollee utilizes 23 a participating health care facility and, due to any 24 reason, covered ancillary services are provided by a 25 nonparticipating provider during or resulting from the 26 visit, the health insurance issuer shall ensure that the HB3243- 100 -LRB104 10408 AAS 20483 b 1 beneficiary, insured, or enrollee shall incur no greater 2 out-of-pocket costs than the beneficiary, insured, or 3 enrollee would have incurred with a participating provider 4 for the ancillary services. Any cost-sharing requirements 5 shall be applied as though the ancillary services had been 6 received from a participating provider. Cost sharing shall 7 be calculated based on the recognized amount for the 8 ancillary services. If the cost sharing for the same item 9 or service furnished by a participating provider would 10 have been a flat-dollar copayment, that amount shall be 11 the cost-sharing amount unless the provider has billed a 12 lesser total amount. In no event shall the beneficiary, 13 insured, enrollee, or any group policyholder or plan 14 sponsor be liable to or billed by the health insurance 15 issuer, the nonparticipating provider, or the 16 participating health care facility for any amount beyond 17 the cost sharing calculated in accordance with this 18 subsection with respect to the ancillary services 19 delivered. In addition to ancillary services, the 20 requirements of this paragraph shall also apply with 21 respect to covered items or services furnished as a result 22 of unforeseen, urgent medical needs that arise at the time 23 an item or service is furnished, regardless of whether the 24 nonparticipating provider satisfied the notice and consent 25 criteria under paragraph (2) of this subsection. 26 (2) When a beneficiary, insured, or enrollee utilizes HB3243- 101 -LRB104 10408 AAS 20483 b 1 a participating health care facility and receives 2 non-emergency covered health care services other than 3 those described in paragraph (1) of this subsection from a 4 nonparticipating provider during or resulting from the 5 visit, the health insurance issuer shall ensure that the 6 beneficiary, insured, or enrollee incurs no greater 7 out-of-pocket costs than the beneficiary, insured, or 8 enrollee would have incurred with a participating provider 9 unless the nonparticipating provider or the participating 10 health care facility on behalf of the nonparticipating 11 provider satisfies the notice and consent criteria 12 provided in 42 U.S.C. 300gg-132 and regulations 13 promulgated thereunder. If the notice and consent criteria 14 are not satisfied, then: 15 (A) any cost-sharing requirements shall be applied 16 as though the health care services had been received 17 from a participating provider; 18 (B) cost sharing shall be calculated based on the 19 recognized amount for the health care services; and 20 (C) in no event shall the beneficiary, insured, 21 enrollee, or any group policyholder or plan sponsor be 22 liable to or billed by the health insurance issuer, 23 the nonparticipating provider, or the participating 24 health care facility for any amount beyond the cost 25 sharing calculated in accordance with this subsection 26 with respect to the health care services delivered. HB3243- 102 -LRB104 10408 AAS 20483 b 1 (c) Notwithstanding any other provision of this Code, 2except when the notice and consent criteria are satisfied for 3the situation in paragraph (2) of subsection (b-5), any 4benefits a beneficiary, insured, or enrollee receives for 5services under the situations in subsection (b) or (b-5) are 6assigned to the nonparticipating providers or the facility 7acting on their behalf. Upon receipt of the provider's bill or 8facility's bill, the health insurance issuer shall provide the 9nonparticipating provider or the facility with a written 10explanation of benefits that specifies the proposed 11reimbursement and the applicable deductible, copayment, or 12coinsurance amounts owed by the insured, beneficiary, or 13enrollee. The health insurance issuer shall pay any 14reimbursement subject to this Section directly to the 15nonparticipating provider or the facility. 16 (d) For bills assigned under subsection (c), the 17nonparticipating provider or the facility may bill the health 18insurance issuer for the services rendered, and the health 19insurance issuer may pay the billed amount or attempt to 20negotiate reimbursement with the nonparticipating provider or 21the facility. Within 30 calendar days after the provider or 22facility transmits the bill to the health insurance issuer, 23the issuer shall send an initial payment or notice of denial of 24payment with the written explanation of benefits to the 25provider or facility. If attempts to negotiate reimbursement 26for services provided by a nonparticipating provider do not HB3243- 103 -LRB104 10408 AAS 20483 b 1result in a resolution of the payment dispute within 30 days 2after receipt of written explanation of benefits by the health 3insurance issuer, then the health insurance issuer or 4nonparticipating provider or the facility may initiate binding 5arbitration to determine payment for services provided on a 6per-bill or batched-bill basis, in accordance with Section 7300gg-111 of the Public Health Service Act and the regulations 8promulgated thereunder. The party requesting arbitration shall 9notify the other party arbitration has been initiated and 10state its final offer before arbitration. In response to this 11notice, the nonrequesting party shall inform the requesting 12party of its final offer before the arbitration occurs. 13Arbitration shall be initiated by filing a request with the 14Department of Insurance. 15 (e) The Department of Insurance shall publish a list of 16approved arbitrators or entities that shall provide binding 17arbitration. These arbitrators shall be American Arbitration 18Association or American Health Lawyers Association trained 19arbitrators. Both parties must agree on an arbitrator from the 20Department of Insurance's or its approved entity's list of 21arbitrators. If no agreement can be reached, then a list of 5 22arbitrators shall be provided by the Department of Insurance 23or the approved entity. From the list of 5 arbitrators, the 24health insurance issuer can veto 2 arbitrators and the 25provider or facility can veto 2 arbitrators. The remaining 26arbitrator shall be the chosen arbitrator. This arbitration HB3243- 104 -LRB104 10408 AAS 20483 b 1shall consist of a review of the written submissions by both 2parties. The arbitrator shall not establish a rebuttable 3presumption that the qualifying payment amount should be the 4total amount owed to the provider or facility by the 5combination of the issuer and the insured, beneficiary, or 6enrollee. Binding arbitration shall provide for a written 7decision within 45 days after the request is filed with the 8Department of Insurance. Both parties shall be bound by the 9arbitrator's decision. The arbitrator's expenses and fees, 10together with other expenses, not including attorney's fees, 11incurred in the conduct of the arbitration, shall be paid as 12provided in the decision. 13 (f) (Blank). 14 (g) Section 368a of this Act shall not apply during the 15pendency of a decision under subsection (d). Upon the issuance 16of the arbitrator's decision, Section 368a applies with 17respect to the amount, if any, by which the arbitrator's 18determination exceeds the issuer's initial payment under 19subsection (c), or the entire amount of the arbitrator's 20determination if initial payment was denied. Any interest 21required to be paid to a provider under Section 368a shall not 22accrue until after 30 days of an arbitrator's decision as 23provided in subsection (d), but in no circumstances longer 24than 150 days from the date the nonparticipating 25facility-based provider billed for services rendered. 26 (h) Nothing in this Section shall be interpreted to change HB3243- 105 -LRB104 10408 AAS 20483 b 1the prudent layperson provisions with respect to emergency 2services under the Managed Care Reform and Patient Rights Act. 3 (i) Nothing in this Section shall preclude a health care 4provider from billing a beneficiary, insured, or enrollee for 5reasonable administrative fees, such as service fees for 6checks returned for nonsufficient funds and missed 7appointments. 8 (j) Nothing in this Section shall preclude a beneficiary, 9insured, or enrollee from assigning benefits to a 10nonparticipating provider when the notice and consent criteria 11are satisfied under paragraph (2) of subsection (b-5) or in 12any other situation not described in subsection (b) or (b-5). 13 (k) Except when the notice and consent criteria are 14satisfied under paragraph (2) of subsection (b-5), if an 15individual receives health care services under the situations 16described in subsection (b) or (b-5), no referral requirement 17or any other provision contained in the policy or certificate 18of coverage shall deny coverage, reduce benefits, or otherwise 19defeat the requirements of this Section for services that 20would have been covered with a participating provider. 21However, this subsection shall not be construed to preclude a 22provider contract with a health insurance issuer, or with an 23administrator or similar entity acting on the issuer's behalf, 24from imposing requirements on the participating provider, 25participating emergency facility, or participating health care 26facility relating to the referral of covered individuals to HB3243- 106 -LRB104 10408 AAS 20483 b 1nonparticipating providers. 2 (l) Except if the notice and consent criteria are 3satisfied under paragraph (2) of subsection (b-5), 4cost-sharing amounts calculated in conformity with this 5Section shall count toward any deductible or out-of-pocket 6maximum applicable to in-network coverage. 7 (m) The Department has the authority to enforce the 8requirements of this Section in the situations described in 9subsections (b) and (b-5), and in any other situation for 10which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and 11regulations promulgated thereunder would prohibit an 12individual from being billed or liable for emergency services 13furnished by a nonparticipating provider or nonparticipating 14emergency facility or for non-emergency health care services 15furnished by a nonparticipating provider at a participating 16health care facility. 17 (n) This Section does not apply with respect to air 18ambulance or ground ambulance services. This Section does not 19apply to any policy of excepted benefits or to short-term, 20limited-duration health insurance coverage. 21(Source: P.A. 102-901, eff. 7-1-22; 102-1117, eff. 1-13-23; 22103-440, eff. 1-1-24.) 23 (215 ILCS 5/356z.4) 24 Sec. 356z.4. Coverage for contraceptives. 25 (a)(1) The General Assembly hereby finds and declares all HB3243- 107 -LRB104 10408 AAS 20483 b 1of the following: 2 (A) Illinois has a long history of expanding timely 3 access to birth control to prevent unintended pregnancy. 4 (B) The federal Patient Protection and Affordable Care 5 Act includes a contraceptive coverage guarantee as part of 6 a broader requirement for health insurance to cover key 7 preventive care services without out-of-pocket costs for 8 patients. 9 (C) The General Assembly intends to build on existing 10 State and federal law to promote gender equity and women's 11 health and to ensure greater contraceptive coverage equity 12 and timely access to all federal Food and Drug 13 Administration approved methods of birth control for all 14 individuals covered by an individual or group health 15 insurance policy in Illinois. 16 (D) Medical management techniques such as denials, 17 step therapy, or prior authorization in public and private 18 health care coverage can impede access to the most 19 effective contraceptive methods. 20 (2) As used in this subsection (a): 21 "Contraceptive services" includes consultations, 22examinations, procedures, and medical services related to the 23use of contraceptive methods (including natural family 24planning) to prevent an unintended pregnancy. 25 "Medical necessity", for the purposes of this subsection 26(a), includes, but is not limited to, considerations such as HB3243- 108 -LRB104 10408 AAS 20483 b 1severity of side effects, differences in permanence and 2reversibility of contraceptive, and ability to adhere to the 3appropriate use of the item or service, as determined by the 4attending provider. 5 "Therapeutic equivalent version" means drugs, devices, or 6products that can be expected to have the same clinical effect 7and safety profile when administered to patients under the 8conditions specified in the labeling and satisfy the following 9general criteria: 10 (i) they are approved as safe and effective; 11 (ii) they are pharmaceutical equivalents in that they 12 (A) contain identical amounts of the same active drug 13 ingredient in the same dosage form and route of 14 administration and (B) meet compendial or other applicable 15 standards of strength, quality, purity, and identity; 16 (iii) they are bioequivalent in that (A) they do not 17 present a known or potential bioequivalence problem and 18 they meet an acceptable in vitro standard or (B) if they do 19 present such a known or potential problem, they are shown 20 to meet an appropriate bioequivalence standard; 21 (iv) they are adequately labeled; and 22 (v) they are manufactured in compliance with Current 23 Good Manufacturing Practice regulations. 24 (3) An individual or group policy of accident and health 25insurance amended, delivered, issued, or renewed in this State 26after the effective date of this amendatory Act of the 99th HB3243- 109 -LRB104 10408 AAS 20483 b 1General Assembly shall provide coverage for all of the 2following services and contraceptive methods: 3 (A) All contraceptive drugs, devices, and other 4 products approved by the United States Food and Drug 5 Administration. This includes all over-the-counter 6 contraceptive drugs, devices, and products approved by the 7 United States Food and Drug Administration, excluding male 8 condoms, except as provided in the current comprehensive 9 guidelines supported by the Health Resources and Services 10 Administration. The following apply: 11 (i) If the United States Food and Drug 12 Administration has approved one or more therapeutic 13 equivalent versions of a contraceptive drug, device, 14 or product, a policy is not required to include all 15 such therapeutic equivalent versions in its formulary, 16 so long as at least one is included and covered without 17 cost-sharing and in accordance with this Section. 18 (ii) If an individual's attending provider 19 recommends a particular service or item approved by 20 the United States Food and Drug Administration based 21 on a determination of medical necessity with respect 22 to that individual, the plan or issuer must cover that 23 service or item without cost sharing. The plan or 24 issuer must defer to the determination of the 25 attending provider. 26 (iii) If a drug, device, or product is not HB3243- 110 -LRB104 10408 AAS 20483 b 1 covered, plans and issuers must have an easily 2 accessible, transparent, and sufficiently expedient 3 process that is not unduly burdensome on the 4 individual or a provider or other individual acting as 5 a patient's authorized representative to ensure 6 coverage without cost sharing. 7 (iv) This coverage must provide for the dispensing 8 of 12 months' worth of contraception at one time. 9 (B) Voluntary sterilization procedures. 10 (C) Contraceptive services, patient education, and 11 counseling on contraception. 12 (D) Follow-up services related to the drugs, devices, 13 products, and procedures covered under this Section, 14 including, but not limited to, management of side effects, 15 counseling for continued adherence, and device insertion 16 and removal. 17 (4) Except as otherwise provided in this subsection (a), a 18policy subject to this subsection (a) shall not impose a 19deductible, coinsurance, copayment, or any other cost-sharing 20requirement on the coverage provided. The provisions of this 21paragraph do not apply to coverage of voluntary male 22sterilization procedures to the extent such coverage would 23disqualify a high-deductible health plan from eligibility for 24a health savings account pursuant to the federal Internal 25Revenue Code, 26 U.S.C. 223. 26 (5) Except as otherwise authorized under this subsection HB3243- 111 -LRB104 10408 AAS 20483 b 1(a), a policy shall not impose any restrictions or delays on 2the coverage required under this subsection (a). 3 (6) If, at any time, the Secretary of the United States 4Department of Health and Human Services, or its successor 5agency, promulgates rules or regulations to be published in 6the Federal Register or publishes a comment in the Federal 7Register or issues an opinion, guidance, or other action that 8would require the State, pursuant to any provision of the 9Patient Protection and Affordable Care Act (Public Law 10111-148), including, but not limited to, 42 U.S.C. 1118031(d)(3)(B) or any successor provision, to defray the cost 12of any coverage outlined in this subsection (a), then this 13subsection (a) is inoperative with respect to all coverage 14outlined in this subsection (a) other than that authorized 15under Section 1902 of the Social Security Act, 42 U.S.C. 161396a, and the State shall not assume any obligation for the 17cost of the coverage set forth in this subsection (a). 18 (b) This subsection (b) shall become operative if and only 19if subsection (a) becomes inoperative. 20 An individual or group policy of accident and health 21insurance amended, delivered, issued, or renewed in this State 22after the date this subsection (b) becomes operative that 23provides coverage for outpatient services and outpatient 24prescription drugs or devices must provide coverage for the 25insured and any dependent of the insured covered by the policy 26for all outpatient contraceptive services and all outpatient HB3243- 112 -LRB104 10408 AAS 20483 b 1contraceptive drugs and devices approved by the Food and Drug 2Administration. Coverage required under this Section may not 3impose any deductible, coinsurance, waiting period, or other 4cost-sharing or limitation that is greater than that required 5for any outpatient service or outpatient prescription drug or 6device otherwise covered by the policy. 7 Nothing in this subsection (b) shall be construed to 8require an insurance company to cover services related to 9permanent sterilization that requires a surgical procedure. 10 As used in this subsection (b), "outpatient contraceptive 11service" means consultations, examinations, procedures, and 12medical services, provided on an outpatient basis and related 13to the use of contraceptive methods (including natural family 14planning) to prevent an unintended pregnancy. 15 (c) Nothing in this Section shall be construed to require 16an insurance company to cover services related to an abortion 17as the term "abortion" is defined in Section 1-25 of the 18Illinois Abortion Law of 2025. (Blank). 19 (d) If a plan or issuer utilizes a network of providers, 20nothing in this Section shall be construed to require coverage 21or to prohibit the plan or issuer from imposing cost-sharing 22for items or services described in this Section that are 23provided or delivered by an out-of-network provider, unless 24the plan or issuer does not have in its network a provider who 25is able to or is willing to provide the applicable items or 26services. HB3243- 113 -LRB104 10408 AAS 20483 b 1(Source: P.A. 103-551, eff. 8-11-23.) 2 Section 5-55. The Network Adequacy and Transparency Act is 3amended by changing Section 10 as follows: 4 (215 ILCS 124/10) 5 (Text of Section from P.A. 103-650) 6 Sec. 10. Network adequacy. 7 (a) Before issuing, delivering, or renewing a network 8plan, an issuer providing a network plan shall file a 9description of all of the following with the Director: 10 (1) The written policies and procedures for adding 11 providers to meet patient needs based on increases in the 12 number of beneficiaries, changes in the 13 patient-to-provider ratio, changes in medical and health 14 care capabilities, and increased demand for services. 15 (2) The written policies and procedures for making 16 referrals within and outside the network. 17 (3) The written policies and procedures on how the 18 network plan will provide 24-hour, 7-day per week access 19 to network-affiliated primary care, emergency services, 20 and women's principal health care providers. 21 An issuer shall not prohibit a preferred provider from 22discussing any specific or all treatment options with 23beneficiaries irrespective of the insurer's position on those 24treatment options or from advocating on behalf of HB3243- 114 -LRB104 10408 AAS 20483 b 1beneficiaries within the utilization review, grievance, or 2appeals processes established by the issuer in accordance with 3any rights or remedies available under applicable State or 4federal law. 5 (b) Before issuing, delivering, or renewing a network 6plan, an issuer must file for review a description of the 7services to be offered through a network plan. The description 8shall include all of the following: 9 (1) A geographic map of the area proposed to be served 10 by the plan by county service area and zip code, including 11 marked locations for preferred providers. 12 (2) As deemed necessary by the Department, the names, 13 addresses, phone numbers, and specialties of the providers 14 who have entered into preferred provider agreements under 15 the network plan. 16 (3) The number of beneficiaries anticipated to be 17 covered by the network plan. 18 (4) An Internet website and toll-free telephone number 19 for beneficiaries and prospective beneficiaries to access 20 current and accurate lists of preferred providers in each 21 plan, additional information about the plan, as well as 22 any other information required by Department rule. 23 (5) A description of how health care services to be 24 rendered under the network plan are reasonably accessible 25 and available to beneficiaries. The description shall 26 address all of the following: HB3243- 115 -LRB104 10408 AAS 20483 b 1 (A) the type of health care services to be 2 provided by the network plan; 3 (B) the ratio of physicians and other providers to 4 beneficiaries, by specialty and including primary care 5 physicians and facility-based physicians when 6 applicable under the contract, necessary to meet the 7 health care needs and service demands of the currently 8 enrolled population; 9 (C) the travel and distance standards for plan 10 beneficiaries in county service areas; and 11 (D) a description of how the use of telemedicine, 12 telehealth, or mobile care services may be used to 13 partially meet the network adequacy standards, if 14 applicable. 15 (6) A provision ensuring that whenever a beneficiary 16 has made a good faith effort, as evidenced by accessing 17 the provider directory, calling the network plan, and 18 calling the provider, to utilize preferred providers for a 19 covered service and it is determined the insurer does not 20 have the appropriate preferred providers due to 21 insufficient number, type, or unreasonable travel distance 22 or delay, or preferred providers refusing to provide a 23 covered service because it is contrary to the conscience 24 of the preferred providers, as protected by the Health 25 Care Right of Conscience Act, the issuer shall ensure, 26 directly or indirectly, by terms contained in the payer HB3243- 116 -LRB104 10408 AAS 20483 b 1 contract, that the beneficiary will be provided the 2 covered service at no greater cost to the beneficiary than 3 if the service had been provided by a preferred provider. 4 This paragraph (6) does not apply to: (A) a beneficiary 5 who willfully chooses to access a non-preferred provider 6 for health care services available through the panel of 7 preferred providers, or (B) a beneficiary enrolled in a 8 health maintenance organization. In these circumstances, 9 the contractual requirements for non-preferred provider 10 reimbursements shall apply unless Section 356z.3a of the 11 Illinois Insurance Code requires otherwise. In no event 12 shall a beneficiary who receives care at a participating 13 health care facility be required to search for 14 participating providers under the circumstances described 15 in subsection (b) or (b-5) of Section 356z.3a of the 16 Illinois Insurance Code except under the circumstances 17 described in paragraph (2) of subsection (b-5). 18 (7) A provision that the beneficiary shall receive 19 emergency care coverage such that payment for this 20 coverage is not dependent upon whether the emergency 21 services are performed by a preferred or non-preferred 22 provider and the coverage shall be at the same benefit 23 level as if the service or treatment had been rendered by a 24 preferred provider. For purposes of this paragraph (7), 25 "the same benefit level" means that the beneficiary is 26 provided the covered service at no greater cost to the HB3243- 117 -LRB104 10408 AAS 20483 b 1 beneficiary than if the service had been provided by a 2 preferred provider. This provision shall be consistent 3 with Section 356z.3a of the Illinois Insurance Code. 4 (8) A limitation that, if the plan provides that the 5 beneficiary will incur a penalty for failing to 6 pre-certify inpatient hospital treatment, the penalty may 7 not exceed $1,000 per occurrence in addition to the plan 8 cost sharing provisions. 9 (9) For a network plan to be offered through the 10 Exchange in the individual or small group market, as well 11 as any off-Exchange mirror of such a network plan, 12 evidence that the network plan includes essential 13 community providers in accordance with rules established 14 by the Exchange that will operate in this State for the 15 applicable plan year. 16 (c) The issuer shall demonstrate to the Director a minimum 17ratio of providers to plan beneficiaries as required by the 18Department for each network plan. 19 (1) The minimum ratio of physicians or other providers 20 to plan beneficiaries shall be established by the 21 Department in consultation with the Department of Public 22 Health based upon the guidance from the federal Centers 23 for Medicare and Medicaid Services. The Department shall 24 not establish ratios for vision or dental providers who 25 provide services under dental-specific or vision-specific 26 benefits, except to the extent provided under federal law HB3243- 118 -LRB104 10408 AAS 20483 b 1 for stand-alone dental plans. The Department shall 2 consider establishing ratios for the following physicians 3 or other providers: 4 (A) Primary Care; 5 (B) Pediatrics; 6 (C) Cardiology; 7 (D) Gastroenterology; 8 (E) General Surgery; 9 (F) Neurology; 10 (G) OB/GYN; 11 (H) Oncology/Radiation; 12 (I) Ophthalmology; 13 (J) Urology; 14 (K) Behavioral Health; 15 (L) Allergy/Immunology; 16 (M) Chiropractic; 17 (N) Dermatology; 18 (O) Endocrinology; 19 (P) Ears, Nose, and Throat (ENT)/Otolaryngology; 20 (Q) Infectious Disease; 21 (R) Nephrology; 22 (S) Neurosurgery; 23 (T) Orthopedic Surgery; 24 (U) Physiatry/Rehabilitative; 25 (V) Plastic Surgery; 26 (W) Pulmonary; HB3243- 119 -LRB104 10408 AAS 20483 b 1 (X) Rheumatology; 2 (Y) Anesthesiology; 3 (Z) Pain Medicine; 4 (AA) Pediatric Specialty Services; 5 (BB) Outpatient Dialysis; and 6 (CC) HIV. 7 (2) The Director shall establish a process for the 8 review of the adequacy of these standards, along with an 9 assessment of additional specialties to be included in the 10 list under this subsection (c). 11 (3) Notwithstanding any other law or rule, the minimum 12 ratio for each provider type shall be no less than any such 13 ratio established for qualified health plans in 14 Federally-Facilitated Exchanges by federal law or by the 15 federal Centers for Medicare and Medicaid Services, even 16 if the network plan is issued in the large group market or 17 is otherwise not issued through an exchange. Federal 18 standards for stand-alone dental plans shall only apply to 19 such network plans. In the absence of an applicable 20 Department rule, the federal standards shall apply for the 21 time period specified in the federal law, regulation, or 22 guidance. If the Centers for Medicare and Medicaid 23 Services establish standards that are more stringent than 24 the standards in effect under any Department rule, the 25 Department may amend its rules to conform to the more 26 stringent federal standards. HB3243- 120 -LRB104 10408 AAS 20483 b 1 (d) The network plan shall demonstrate to the Director 2maximum travel and distance standards and appointment wait 3time standards for plan beneficiaries, which shall be 4established by the Department in consultation with the 5Department of Public Health based upon the guidance from the 6federal Centers for Medicare and Medicaid Services. These 7standards shall consist of the maximum minutes or miles to be 8traveled by a plan beneficiary for each county type, such as 9large counties, metro counties, or rural counties as defined 10by Department rule. 11 The maximum travel time and distance standards must 12include standards for each physician and other provider 13category listed for which ratios have been established. 14 The Director shall establish a process for the review of 15the adequacy of these standards along with an assessment of 16additional specialties to be included in the list under this 17subsection (d). 18 Notwithstanding any other law or Department rule, the 19maximum travel time and distance standards and appointment 20wait time standards shall be no greater than any such 21standards established for qualified health plans in 22Federally-Facilitated Exchanges by federal law or by the 23federal Centers for Medicare and Medicaid Services, even if 24the network plan is issued in the large group market or is 25otherwise not issued through an exchange. Federal standards 26for stand-alone dental plans shall only apply to such network HB3243- 121 -LRB104 10408 AAS 20483 b 1plans. In the absence of an applicable Department rule, the 2federal standards shall apply for the time period specified in 3the federal law, regulation, or guidance. If the Centers for 4Medicare and Medicaid Services establish standards that are 5more stringent than the standards in effect under any 6Department rule, the Department may amend its rules to conform 7to the more stringent federal standards. 8 If the federal area designations for the maximum time or 9distance or appointment wait time standards required are 10changed by the most recent Letter to Issuers in the 11Federally-facilitated Marketplaces, the Department shall post 12on its website notice of such changes and may amend its rules 13to conform to those designations if the Director deems 14appropriate. 15 (d-5)(1) Every issuer shall ensure that beneficiaries have 16timely and proximate access to treatment for mental, 17emotional, nervous, or substance use disorders or conditions 18in accordance with the provisions of paragraph (4) of 19subsection (a) of Section 370c of the Illinois Insurance Code. 20Issuers shall use a comparable process, strategy, evidentiary 21standard, and other factors in the development and application 22of the network adequacy standards for timely and proximate 23access to treatment for mental, emotional, nervous, or 24substance use disorders or conditions and those for the access 25to treatment for medical and surgical conditions. As such, the 26network adequacy standards for timely and proximate access HB3243- 122 -LRB104 10408 AAS 20483 b 1shall equally be applied to treatment facilities and providers 2for mental, emotional, nervous, or substance use disorders or 3conditions and specialists providing medical or surgical 4benefits pursuant to the parity requirements of Section 370c.1 5of the Illinois Insurance Code and the federal Paul Wellstone 6and Pete Domenici Mental Health Parity and Addiction Equity 7Act of 2008. Notwithstanding the foregoing, the network 8adequacy standards for timely and proximate access to 9treatment for mental, emotional, nervous, or substance use 10disorders or conditions shall, at a minimum, satisfy the 11following requirements: 12 (A) For beneficiaries residing in the metropolitan 13 counties of Cook, DuPage, Kane, Lake, McHenry, and Will, 14 network adequacy standards for timely and proximate access 15 to treatment for mental, emotional, nervous, or substance 16 use disorders or conditions means a beneficiary shall not 17 have to travel longer than 30 minutes or 30 miles from the 18 beneficiary's residence to receive outpatient treatment 19 for mental, emotional, nervous, or substance use disorders 20 or conditions. Beneficiaries shall not be required to wait 21 longer than 10 business days between requesting an initial 22 appointment and being seen by the facility or provider of 23 mental, emotional, nervous, or substance use disorders or 24 conditions for outpatient treatment or to wait longer than 25 20 business days between requesting a repeat or follow-up 26 appointment and being seen by the facility or provider of HB3243- 123 -LRB104 10408 AAS 20483 b 1 mental, emotional, nervous, or substance use disorders or 2 conditions for outpatient treatment; however, subject to 3 the protections of paragraph (3) of this subsection, a 4 network plan shall not be held responsible if the 5 beneficiary or provider voluntarily chooses to schedule an 6 appointment outside of these required time frames. 7 (B) For beneficiaries residing in Illinois counties 8 other than those counties listed in subparagraph (A) of 9 this paragraph, network adequacy standards for timely and 10 proximate access to treatment for mental, emotional, 11 nervous, or substance use disorders or conditions means a 12 beneficiary shall not have to travel longer than 60 13 minutes or 60 miles from the beneficiary's residence to 14 receive outpatient treatment for mental, emotional, 15 nervous, or substance use disorders or conditions. 16 Beneficiaries shall not be required to wait longer than 10 17 business days between requesting an initial appointment 18 and being seen by the facility or provider of mental, 19 emotional, nervous, or substance use disorders or 20 conditions for outpatient treatment or to wait longer than 21 20 business days between requesting a repeat or follow-up 22 appointment and being seen by the facility or provider of 23 mental, emotional, nervous, or substance use disorders or 24 conditions for outpatient treatment; however, subject to 25 the protections of paragraph (3) of this subsection, a 26 network plan shall not be held responsible if the HB3243- 124 -LRB104 10408 AAS 20483 b 1 beneficiary or provider voluntarily chooses to schedule an 2 appointment outside of these required time frames. 3 (2) For beneficiaries residing in all Illinois counties, 4network adequacy standards for timely and proximate access to 5treatment for mental, emotional, nervous, or substance use 6disorders or conditions means a beneficiary shall not have to 7travel longer than 60 minutes or 60 miles from the 8beneficiary's residence to receive inpatient or residential 9treatment for mental, emotional, nervous, or substance use 10disorders or conditions. 11 (3) If there is no in-network facility or provider 12available for a beneficiary to receive timely and proximate 13access to treatment for mental, emotional, nervous, or 14substance use disorders or conditions in accordance with the 15network adequacy standards outlined in this subsection, the 16issuer shall provide necessary exceptions to its network to 17ensure admission and treatment with a provider or at a 18treatment facility in accordance with the network adequacy 19standards in this subsection. 20 (4) If the federal Centers for Medicare and Medicaid 21Services establishes or law requires more stringent standards 22for qualified health plans in the Federally-Facilitated 23Exchanges, the federal standards shall control for all network 24plans for the time period specified in the federal law, 25regulation, or guidance, even if the network plan is issued in 26the large group market, is issued through a different type of HB3243- 125 -LRB104 10408 AAS 20483 b 1Exchange, or is otherwise not issued through an Exchange. 2 (e) Except for network plans solely offered as a group 3health plan, these ratio and time and distance standards apply 4to the lowest cost-sharing tier of any tiered network. 5 (f) The network plan may consider use of other health care 6service delivery options, such as telemedicine or telehealth, 7mobile clinics, and centers of excellence, or other ways of 8delivering care to partially meet the requirements set under 9this Section. 10 (g) Except for the requirements set forth in subsection 11(d-5), issuers who are not able to comply with the provider 12ratios and time and distance or appointment wait time 13standards established under this Act or federal law may 14request an exception to these requirements from the 15Department. The Department may grant an exception in the 16following circumstances: 17 (1) if no providers or facilities meet the specific 18 time and distance standard in a specific service area and 19 the issuer (i) discloses information on the distance and 20 travel time points that beneficiaries would have to travel 21 beyond the required criterion to reach the next closest 22 contracted provider outside of the service area and (ii) 23 provides contact information, including names, addresses, 24 and phone numbers for the next closest contracted provider 25 or facility; 26 (2) if patterns of care in the service area do not HB3243- 126 -LRB104 10408 AAS 20483 b 1 support the need for the requested number of provider or 2 facility type and the issuer provides data on local 3 patterns of care, such as claims data, referral patterns, 4 or local provider interviews, indicating where the 5 beneficiaries currently seek this type of care or where 6 the physicians currently refer beneficiaries, or both; or 7 (3) other circumstances deemed appropriate by the 8 Department consistent with the requirements of this Act. 9 (h) Issuers are required to report to the Director any 10material change to an approved network plan within 15 business 11days after the change occurs and any change that would result 12in failure to meet the requirements of this Act. The issuer 13shall submit a revised version of the portions of the network 14adequacy filing affected by the material change, as determined 15by the Director by rule, and the issuer shall attach versions 16with the changes indicated for each document that was revised 17from the previous version of the filing. Upon notice from the 18issuer, the Director shall reevaluate the network plan's 19compliance with the network adequacy and transparency 20standards of this Act. For every day past 15 business days that 21the issuer fails to submit a revised network adequacy filing 22to the Director, the Director may order a fine of $5,000 per 23day. 24 (i) If a network plan is inadequate under this Act with 25respect to a provider type in a county, and if the network plan 26does not have an approved exception for that provider type in HB3243- 127 -LRB104 10408 AAS 20483 b 1that county pursuant to subsection (g), an issuer shall cover 2out-of-network claims for covered health care services 3received from that provider type within that county at the 4in-network benefit level and shall retroactively adjudicate 5and reimburse beneficiaries to achieve that objective if their 6claims were processed at the out-of-network level contrary to 7this subsection. Nothing in this subsection shall be construed 8to supersede Section 356z.3a of the Illinois Insurance Code. 9 (j) If the Director determines that a network is 10inadequate in any county and no exception has been granted 11under subsection (g) and the issuer does not have a process in 12place to comply with subsection (d-5), the Director may 13prohibit the network plan from being issued or renewed within 14that county until the Director determines that the network is 15adequate apart from processes and exceptions described in 16subsections (d-5) and (g). Nothing in this subsection shall be 17construed to terminate any beneficiary's health insurance 18coverage under a network plan before the expiration of the 19beneficiary's policy period if the Director makes a 20determination under this subsection after the issuance or 21renewal of the beneficiary's policy or certificate because of 22a material change. Policies or certificates issued or renewed 23in violation of this subsection may subject the issuer to a 24civil penalty of $5,000 per policy. 25 (k) For the Department to enforce any new or modified 26federal standard before the Department adopts the standard by HB3243- 128 -LRB104 10408 AAS 20483 b 1rule, the Department must, no later than May 15 before the 2start of the plan year, give public notice to the affected 3health insurance issuers through a bulletin. 4(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; 5102-1117, eff. 1-13-23; 103-650, eff. 1-1-25.) 6 (Text of Section from P.A. 103-656) 7 Sec. 10. Network adequacy. 8 (a) An insurer providing a network plan shall file a 9description of all of the following with the Director: 10 (1) The written policies and procedures for adding 11 providers to meet patient needs based on increases in the 12 number of beneficiaries, changes in the 13 patient-to-provider ratio, changes in medical and health 14 care capabilities, and increased demand for services. 15 (2) The written policies and procedures for making 16 referrals within and outside the network. 17 (3) The written policies and procedures on how the 18 network plan will provide 24-hour, 7-day per week access 19 to network-affiliated primary care, emergency services, 20 and women's principal health care providers. 21 An insurer shall not prohibit a preferred provider from 22discussing any specific or all treatment options with 23beneficiaries irrespective of the insurer's position on those 24treatment options or from advocating on behalf of 25beneficiaries within the utilization review, grievance, or HB3243- 129 -LRB104 10408 AAS 20483 b 1appeals processes established by the insurer in accordance 2with any rights or remedies available under applicable State 3or federal law. 4 (b) Insurers must file for review a description of the 5services to be offered through a network plan. The description 6shall include all of the following: 7 (1) A geographic map of the area proposed to be served 8 by the plan by county service area and zip code, including 9 marked locations for preferred providers. 10 (2) As deemed necessary by the Department, the names, 11 addresses, phone numbers, and specialties of the providers 12 who have entered into preferred provider agreements under 13 the network plan. 14 (3) The number of beneficiaries anticipated to be 15 covered by the network plan. 16 (4) An Internet website and toll-free telephone number 17 for beneficiaries and prospective beneficiaries to access 18 current and accurate lists of preferred providers, 19 additional information about the plan, as well as any 20 other information required by Department rule. 21 (5) A description of how health care services to be 22 rendered under the network plan are reasonably accessible 23 and available to beneficiaries. The description shall 24 address all of the following: 25 (A) the type of health care services to be 26 provided by the network plan; HB3243- 130 -LRB104 10408 AAS 20483 b 1 (B) the ratio of physicians and other providers to 2 beneficiaries, by specialty and including primary care 3 physicians and facility-based physicians when 4 applicable under the contract, necessary to meet the 5 health care needs and service demands of the currently 6 enrolled population; 7 (C) the travel and distance standards for plan 8 beneficiaries in county service areas; and 9 (D) a description of how the use of telemedicine, 10 telehealth, or mobile care services may be used to 11 partially meet the network adequacy standards, if 12 applicable. 13 (6) A provision ensuring that whenever a beneficiary 14 has made a good faith effort, as evidenced by accessing 15 the provider directory, calling the network plan, and 16 calling the provider, to utilize preferred providers for a 17 covered service and it is determined the insurer does not 18 have the appropriate preferred providers due to 19 insufficient number, type, or unreasonable travel distance 20 or delay, or preferred providers refusing to provide a 21 covered service because it is contrary to the conscience 22 of the preferred providers, as protected by the Health 23 Care Right of Conscience Act, the insurer shall ensure, 24 directly or indirectly, by terms contained in the payer 25 contract, that the beneficiary will be provided the 26 covered service at no greater cost to the beneficiary than HB3243- 131 -LRB104 10408 AAS 20483 b 1 if the service had been provided by a preferred provider. 2 This paragraph (6) does not apply to: (A) a beneficiary 3 who willfully chooses to access a non-preferred provider 4 for health care services available through the panel of 5 preferred providers, or (B) a beneficiary enrolled in a 6 health maintenance organization. In these circumstances, 7 the contractual requirements for non-preferred provider 8 reimbursements shall apply unless Section 356z.3a of the 9 Illinois Insurance Code requires otherwise. In no event 10 shall a beneficiary who receives care at a participating 11 health care facility be required to search for 12 participating providers under the circumstances described 13 in subsection (b) or (b-5) of Section 356z.3a of the 14 Illinois Insurance Code except under the circumstances 15 described in paragraph (2) of subsection (b-5). 16 (7) A provision that the beneficiary shall receive 17 emergency care coverage such that payment for this 18 coverage is not dependent upon whether the emergency 19 services are performed by a preferred or non-preferred 20 provider and the coverage shall be at the same benefit 21 level as if the service or treatment had been rendered by a 22 preferred provider. For purposes of this paragraph (7), 23 "the same benefit level" means that the beneficiary is 24 provided the covered service at no greater cost to the 25 beneficiary than if the service had been provided by a 26 preferred provider. This provision shall be consistent HB3243- 132 -LRB104 10408 AAS 20483 b 1 with Section 356z.3a of the Illinois Insurance Code. 2 (8) A limitation that complies with subsections (d) 3 and (e) of Section 55 of the Prior Authorization Reform 4 Act. 5 (c) The network plan shall demonstrate to the Director a 6minimum ratio of providers to plan beneficiaries as required 7by the Department. 8 (1) The ratio of physicians or other providers to plan 9 beneficiaries shall be established annually by the 10 Department in consultation with the Department of Public 11 Health based upon the guidance from the federal Centers 12 for Medicare and Medicaid Services. The Department shall 13 not establish ratios for vision or dental providers who 14 provide services under dental-specific or vision-specific 15 benefits. The Department shall consider establishing 16 ratios for the following physicians or other providers: 17 (A) Primary Care; 18 (B) Pediatrics; 19 (C) Cardiology; 20 (D) Gastroenterology; 21 (E) General Surgery; 22 (F) Neurology; 23 (G) OB/GYN; 24 (H) Oncology/Radiation; 25 (I) Ophthalmology; 26 (J) Urology; HB3243- 133 -LRB104 10408 AAS 20483 b 1 (K) Behavioral Health; 2 (L) Allergy/Immunology; 3 (M) Chiropractic; 4 (N) Dermatology; 5 (O) Endocrinology; 6 (P) Ears, Nose, and Throat (ENT)/Otolaryngology; 7 (Q) Infectious Disease; 8 (R) Nephrology; 9 (S) Neurosurgery; 10 (T) Orthopedic Surgery; 11 (U) Physiatry/Rehabilitative; 12 (V) Plastic Surgery; 13 (W) Pulmonary; 14 (X) Rheumatology; 15 (Y) Anesthesiology; 16 (Z) Pain Medicine; 17 (AA) Pediatric Specialty Services; 18 (BB) Outpatient Dialysis; and 19 (CC) HIV. 20 (2) The Director shall establish a process for the 21 review of the adequacy of these standards, along with an 22 assessment of additional specialties to be included in the 23 list under this subsection (c). 24 (d) The network plan shall demonstrate to the Director 25maximum travel and distance standards for plan beneficiaries, 26which shall be established annually by the Department in HB3243- 134 -LRB104 10408 AAS 20483 b 1consultation with the Department of Public Health based upon 2the guidance from the federal Centers for Medicare and 3Medicaid Services. These standards shall consist of the 4maximum minutes or miles to be traveled by a plan beneficiary 5for each county type, such as large counties, metro counties, 6or rural counties as defined by Department rule. 7 The maximum travel time and distance standards must 8include standards for each physician and other provider 9category listed for which ratios have been established. 10 The Director shall establish a process for the review of 11the adequacy of these standards along with an assessment of 12additional specialties to be included in the list under this 13subsection (d). 14 (d-5)(1) Every insurer shall ensure that beneficiaries 15have timely and proximate access to treatment for mental, 16emotional, nervous, or substance use disorders or conditions 17in accordance with the provisions of paragraph (4) of 18subsection (a) of Section 370c of the Illinois Insurance Code. 19Insurers shall use a comparable process, strategy, evidentiary 20standard, and other factors in the development and application 21of the network adequacy standards for timely and proximate 22access to treatment for mental, emotional, nervous, or 23substance use disorders or conditions and those for the access 24to treatment for medical and surgical conditions. As such, the 25network adequacy standards for timely and proximate access 26shall equally be applied to treatment facilities and providers HB3243- 135 -LRB104 10408 AAS 20483 b 1for mental, emotional, nervous, or substance use disorders or 2conditions and specialists providing medical or surgical 3benefits pursuant to the parity requirements of Section 370c.1 4of the Illinois Insurance Code and the federal Paul Wellstone 5and Pete Domenici Mental Health Parity and Addiction Equity 6Act of 2008. Notwithstanding the foregoing, the network 7adequacy standards for timely and proximate access to 8treatment for mental, emotional, nervous, or substance use 9disorders or conditions shall, at a minimum, satisfy the 10following requirements: 11 (A) For beneficiaries residing in the metropolitan 12 counties of Cook, DuPage, Kane, Lake, McHenry, and Will, 13 network adequacy standards for timely and proximate access 14 to treatment for mental, emotional, nervous, or substance 15 use disorders or conditions means a beneficiary shall not 16 have to travel longer than 30 minutes or 30 miles from the 17 beneficiary's residence to receive outpatient treatment 18 for mental, emotional, nervous, or substance use disorders 19 or conditions. Beneficiaries shall not be required to wait 20 longer than 10 business days between requesting an initial 21 appointment and being seen by the facility or provider of 22 mental, emotional, nervous, or substance use disorders or 23 conditions for outpatient treatment or to wait longer than 24 20 business days between requesting a repeat or follow-up 25 appointment and being seen by the facility or provider of 26 mental, emotional, nervous, or substance use disorders or HB3243- 136 -LRB104 10408 AAS 20483 b 1 conditions for outpatient treatment; however, subject to 2 the protections of paragraph (3) of this subsection, a 3 network plan shall not be held responsible if the 4 beneficiary or provider voluntarily chooses to schedule an 5 appointment outside of these required time frames. 6 (B) For beneficiaries residing in Illinois counties 7 other than those counties listed in subparagraph (A) of 8 this paragraph, network adequacy standards for timely and 9 proximate access to treatment for mental, emotional, 10 nervous, or substance use disorders or conditions means a 11 beneficiary shall not have to travel longer than 60 12 minutes or 60 miles from the beneficiary's residence to 13 receive outpatient treatment for mental, emotional, 14 nervous, or substance use disorders or conditions. 15 Beneficiaries shall not be required to wait longer than 10 16 business days between requesting an initial appointment 17 and being seen by the facility or provider of mental, 18 emotional, nervous, or substance use disorders or 19 conditions for outpatient treatment or to wait longer than 20 20 business days between requesting a repeat or follow-up 21 appointment and being seen by the facility or provider of 22 mental, emotional, nervous, or substance use disorders or 23 conditions for outpatient treatment; however, subject to 24 the protections of paragraph (3) of this subsection, a 25 network plan shall not be held responsible if the 26 beneficiary or provider voluntarily chooses to schedule an HB3243- 137 -LRB104 10408 AAS 20483 b 1 appointment outside of these required time frames. 2 (2) For beneficiaries residing in all Illinois counties, 3network adequacy standards for timely and proximate access to 4treatment for mental, emotional, nervous, or substance use 5disorders or conditions means a beneficiary shall not have to 6travel longer than 60 minutes or 60 miles from the 7beneficiary's residence to receive inpatient or residential 8treatment for mental, emotional, nervous, or substance use 9disorders or conditions. 10 (3) If there is no in-network facility or provider 11available for a beneficiary to receive timely and proximate 12access to treatment for mental, emotional, nervous, or 13substance use disorders or conditions in accordance with the 14network adequacy standards outlined in this subsection, the 15insurer shall provide necessary exceptions to its network to 16ensure admission and treatment with a provider or at a 17treatment facility in accordance with the network adequacy 18standards in this subsection. 19 (e) Except for network plans solely offered as a group 20health plan, these ratio and time and distance standards apply 21to the lowest cost-sharing tier of any tiered network. 22 (f) The network plan may consider use of other health care 23service delivery options, such as telemedicine or telehealth, 24mobile clinics, and centers of excellence, or other ways of 25delivering care to partially meet the requirements set under 26this Section. HB3243- 138 -LRB104 10408 AAS 20483 b 1 (g) Except for the requirements set forth in subsection 2(d-5), insurers who are not able to comply with the provider 3ratios and time and distance standards established by the 4Department may request an exception to these requirements from 5the Department. The Department may grant an exception in the 6following circumstances: 7 (1) if no providers or facilities meet the specific 8 time and distance standard in a specific service area and 9 the insurer (i) discloses information on the distance and 10 travel time points that beneficiaries would have to travel 11 beyond the required criterion to reach the next closest 12 contracted provider outside of the service area and (ii) 13 provides contact information, including names, addresses, 14 and phone numbers for the next closest contracted provider 15 or facility; 16 (2) if patterns of care in the service area do not 17 support the need for the requested number of provider or 18 facility type and the insurer provides data on local 19 patterns of care, such as claims data, referral patterns, 20 or local provider interviews, indicating where the 21 beneficiaries currently seek this type of care or where 22 the physicians currently refer beneficiaries, or both; or 23 (3) other circumstances deemed appropriate by the 24 Department consistent with the requirements of this Act. 25 (h) Insurers are required to report to the Director any 26material change to an approved network plan within 15 days HB3243- 139 -LRB104 10408 AAS 20483 b 1after the change occurs and any change that would result in 2failure to meet the requirements of this Act. Upon notice from 3the insurer, the Director shall reevaluate the network plan's 4compliance with the network adequacy and transparency 5standards of this Act. 6(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; 7102-1117, eff. 1-13-23; 103-656, eff. 1-1-25.) 8 (Text of Section from P.A. 103-718) 9 Sec. 10. Network adequacy. 10 (a) An insurer providing a network plan shall file a 11description of all of the following with the Director: 12 (1) The written policies and procedures for adding 13 providers to meet patient needs based on increases in the 14 number of beneficiaries, changes in the 15 patient-to-provider ratio, changes in medical and health 16 care capabilities, and increased demand for services. 17 (2) The written policies and procedures for making 18 referrals within and outside the network. 19 (3) The written policies and procedures on how the 20 network plan will provide 24-hour, 7-day per week access 21 to network-affiliated primary care, emergency services, 22 and obstetrical and gynecological health care 23 professionals. 24 An insurer shall not prohibit a preferred provider from 25discussing any specific or all treatment options with HB3243- 140 -LRB104 10408 AAS 20483 b 1beneficiaries irrespective of the insurer's position on those 2treatment options or from advocating on behalf of 3beneficiaries within the utilization review, grievance, or 4appeals processes established by the insurer in accordance 5with any rights or remedies available under applicable State 6or federal law. 7 (b) Insurers must file for review a description of the 8services to be offered through a network plan. The description 9shall include all of the following: 10 (1) A geographic map of the area proposed to be served 11 by the plan by county service area and zip code, including 12 marked locations for preferred providers. 13 (2) As deemed necessary by the Department, the names, 14 addresses, phone numbers, and specialties of the providers 15 who have entered into preferred provider agreements under 16 the network plan. 17 (3) The number of beneficiaries anticipated to be 18 covered by the network plan. 19 (4) An Internet website and toll-free telephone number 20 for beneficiaries and prospective beneficiaries to access 21 current and accurate lists of preferred providers, 22 additional information about the plan, as well as any 23 other information required by Department rule. 24 (5) A description of how health care services to be 25 rendered under the network plan are reasonably accessible 26 and available to beneficiaries. The description shall HB3243- 141 -LRB104 10408 AAS 20483 b 1 address all of the following: 2 (A) the type of health care services to be 3 provided by the network plan; 4 (B) the ratio of physicians and other providers to 5 beneficiaries, by specialty and including primary care 6 physicians and facility-based physicians when 7 applicable under the contract, necessary to meet the 8 health care needs and service demands of the currently 9 enrolled population; 10 (C) the travel and distance standards for plan 11 beneficiaries in county service areas; and 12 (D) a description of how the use of telemedicine, 13 telehealth, or mobile care services may be used to 14 partially meet the network adequacy standards, if 15 applicable. 16 (6) A provision ensuring that whenever a beneficiary 17 has made a good faith effort, as evidenced by accessing 18 the provider directory, calling the network plan, and 19 calling the provider, to utilize preferred providers for a 20 covered service and it is determined the insurer does not 21 have the appropriate preferred providers due to 22 insufficient number, type, or unreasonable travel distance 23 or delay, or preferred providers refusing to provide a 24 covered service because it is contrary to the conscience 25 of the preferred providers, as protected by the Health 26 Care Right of Conscience Act, the insurer shall ensure, HB3243- 142 -LRB104 10408 AAS 20483 b 1 directly or indirectly, by terms contained in the payer 2 contract, that the beneficiary will be provided the 3 covered service at no greater cost to the beneficiary than 4 if the service had been provided by a preferred provider. 5 This paragraph (6) does not apply to: (A) a beneficiary 6 who willfully chooses to access a non-preferred provider 7 for health care services available through the panel of 8 preferred providers, or (B) a beneficiary enrolled in a 9 health maintenance organization. In these circumstances, 10 the contractual requirements for non-preferred provider 11 reimbursements shall apply unless Section 356z.3a of the 12 Illinois Insurance Code requires otherwise. In no event 13 shall a beneficiary who receives care at a participating 14 health care facility be required to search for 15 participating providers under the circumstances described 16 in subsection (b) or (b-5) of Section 356z.3a of the 17 Illinois Insurance Code except under the circumstances 18 described in paragraph (2) of subsection (b-5). 19 (7) A provision that the beneficiary shall receive 20 emergency care coverage such that payment for this 21 coverage is not dependent upon whether the emergency 22 services are performed by a preferred or non-preferred 23 provider and the coverage shall be at the same benefit 24 level as if the service or treatment had been rendered by a 25 preferred provider. For purposes of this paragraph (7), 26 "the same benefit level" means that the beneficiary is HB3243- 143 -LRB104 10408 AAS 20483 b 1 provided the covered service at no greater cost to the 2 beneficiary than if the service had been provided by a 3 preferred provider. This provision shall be consistent 4 with Section 356z.3a of the Illinois Insurance Code. 5 (8) A limitation that, if the plan provides that the 6 beneficiary will incur a penalty for failing to 7 pre-certify inpatient hospital treatment, the penalty may 8 not exceed $1,000 per occurrence in addition to the plan 9 cost-sharing provisions. 10 (c) The network plan shall demonstrate to the Director a 11minimum ratio of providers to plan beneficiaries as required 12by the Department. 13 (1) The ratio of physicians or other providers to plan 14 beneficiaries shall be established annually by the 15 Department in consultation with the Department of Public 16 Health based upon the guidance from the federal Centers 17 for Medicare and Medicaid Services. The Department shall 18 not establish ratios for vision or dental providers who 19 provide services under dental-specific or vision-specific 20 benefits. The Department shall consider establishing 21 ratios for the following physicians or other providers: 22 (A) Primary Care; 23 (B) Pediatrics; 24 (C) Cardiology; 25 (D) Gastroenterology; 26 (E) General Surgery; HB3243- 144 -LRB104 10408 AAS 20483 b 1 (F) Neurology; 2 (G) OB/GYN; 3 (H) Oncology/Radiation; 4 (I) Ophthalmology; 5 (J) Urology; 6 (K) Behavioral Health; 7 (L) Allergy/Immunology; 8 (M) Chiropractic; 9 (N) Dermatology; 10 (O) Endocrinology; 11 (P) Ears, Nose, and Throat (ENT)/Otolaryngology; 12 (Q) Infectious Disease; 13 (R) Nephrology; 14 (S) Neurosurgery; 15 (T) Orthopedic Surgery; 16 (U) Physiatry/Rehabilitative; 17 (V) Plastic Surgery; 18 (W) Pulmonary; 19 (X) Rheumatology; 20 (Y) Anesthesiology; 21 (Z) Pain Medicine; 22 (AA) Pediatric Specialty Services; 23 (BB) Outpatient Dialysis; and 24 (CC) HIV. 25 (2) The Director shall establish a process for the 26 review of the adequacy of these standards, along with an HB3243- 145 -LRB104 10408 AAS 20483 b 1 assessment of additional specialties to be included in the 2 list under this subsection (c). 3 (d) The network plan shall demonstrate to the Director 4maximum travel and distance standards for plan beneficiaries, 5which shall be established annually by the Department in 6consultation with the Department of Public Health based upon 7the guidance from the federal Centers for Medicare and 8Medicaid Services. These standards shall consist of the 9maximum minutes or miles to be traveled by a plan beneficiary 10for each county type, such as large counties, metro counties, 11or rural counties as defined by Department rule. 12 The maximum travel time and distance standards must 13include standards for each physician and other provider 14category listed for which ratios have been established. 15 The Director shall establish a process for the review of 16the adequacy of these standards along with an assessment of 17additional specialties to be included in the list under this 18subsection (d). 19 (d-5)(1) Every insurer shall ensure that beneficiaries 20have timely and proximate access to treatment for mental, 21emotional, nervous, or substance use disorders or conditions 22in accordance with the provisions of paragraph (4) of 23subsection (a) of Section 370c of the Illinois Insurance Code. 24Insurers shall use a comparable process, strategy, evidentiary 25standard, and other factors in the development and application 26of the network adequacy standards for timely and proximate HB3243- 146 -LRB104 10408 AAS 20483 b 1access to treatment for mental, emotional, nervous, or 2substance use disorders or conditions and those for the access 3to treatment for medical and surgical conditions. As such, the 4network adequacy standards for timely and proximate access 5shall equally be applied to treatment facilities and providers 6for mental, emotional, nervous, or substance use disorders or 7conditions and specialists providing medical or surgical 8benefits pursuant to the parity requirements of Section 370c.1 9of the Illinois Insurance Code and the federal Paul Wellstone 10and Pete Domenici Mental Health Parity and Addiction Equity 11Act of 2008. Notwithstanding the foregoing, the network 12adequacy standards for timely and proximate access to 13treatment for mental, emotional, nervous, or substance use 14disorders or conditions shall, at a minimum, satisfy the 15following requirements: 16 (A) For beneficiaries residing in the metropolitan 17 counties of Cook, DuPage, Kane, Lake, McHenry, and Will, 18 network adequacy standards for timely and proximate access 19 to treatment for mental, emotional, nervous, or substance 20 use disorders or conditions means a beneficiary shall not 21 have to travel longer than 30 minutes or 30 miles from the 22 beneficiary's residence to receive outpatient treatment 23 for mental, emotional, nervous, or substance use disorders 24 or conditions. Beneficiaries shall not be required to wait 25 longer than 10 business days between requesting an initial 26 appointment and being seen by the facility or provider of HB3243- 147 -LRB104 10408 AAS 20483 b 1 mental, emotional, nervous, or substance use disorders or 2 conditions for outpatient treatment or to wait longer than 3 20 business days between requesting a repeat or follow-up 4 appointment and being seen by the facility or provider of 5 mental, emotional, nervous, or substance use disorders or 6 conditions for outpatient treatment; however, subject to 7 the protections of paragraph (3) of this subsection, a 8 network plan shall not be held responsible if the 9 beneficiary or provider voluntarily chooses to schedule an 10 appointment outside of these required time frames. 11 (B) For beneficiaries residing in Illinois counties 12 other than those counties listed in subparagraph (A) of 13 this paragraph, network adequacy standards for timely and 14 proximate access to treatment for mental, emotional, 15 nervous, or substance use disorders or conditions means a 16 beneficiary shall not have to travel longer than 60 17 minutes or 60 miles from the beneficiary's residence to 18 receive outpatient treatment for mental, emotional, 19 nervous, or substance use disorders or conditions. 20 Beneficiaries shall not be required to wait longer than 10 21 business days between requesting an initial appointment 22 and being seen by the facility or provider of mental, 23 emotional, nervous, or substance use disorders or 24 conditions for outpatient treatment or to wait longer than 25 20 business days between requesting a repeat or follow-up 26 appointment and being seen by the facility or provider of HB3243- 148 -LRB104 10408 AAS 20483 b 1 mental, emotional, nervous, or substance use disorders or 2 conditions for outpatient treatment; however, subject to 3 the protections of paragraph (3) of this subsection, a 4 network plan shall not be held responsible if the 5 beneficiary or provider voluntarily chooses to schedule an 6 appointment outside of these required time frames. 7 (2) For beneficiaries residing in all Illinois counties, 8network adequacy standards for timely and proximate access to 9treatment for mental, emotional, nervous, or substance use 10disorders or conditions means a beneficiary shall not have to 11travel longer than 60 minutes or 60 miles from the 12beneficiary's residence to receive inpatient or residential 13treatment for mental, emotional, nervous, or substance use 14disorders or conditions. 15 (3) If there is no in-network facility or provider 16available for a beneficiary to receive timely and proximate 17access to treatment for mental, emotional, nervous, or 18substance use disorders or conditions in accordance with the 19network adequacy standards outlined in this subsection, the 20insurer shall provide necessary exceptions to its network to 21ensure admission and treatment with a provider or at a 22treatment facility in accordance with the network adequacy 23standards in this subsection. 24 (e) Except for network plans solely offered as a group 25health plan, these ratio and time and distance standards apply 26to the lowest cost-sharing tier of any tiered network. HB3243- 149 -LRB104 10408 AAS 20483 b 1 (f) The network plan may consider use of other health care 2service delivery options, such as telemedicine or telehealth, 3mobile clinics, and centers of excellence, or other ways of 4delivering care to partially meet the requirements set under 5this Section. 6 (g) Except for the requirements set forth in subsection 7(d-5), insurers who are not able to comply with the provider 8ratios and time and distance standards established by the 9Department may request an exception to these requirements from 10the Department. The Department may grant an exception in the 11following circumstances: 12 (1) if no providers or facilities meet the specific 13 time and distance standard in a specific service area and 14 the insurer (i) discloses information on the distance and 15 travel time points that beneficiaries would have to travel 16 beyond the required criterion to reach the next closest 17 contracted provider outside of the service area and (ii) 18 provides contact information, including names, addresses, 19 and phone numbers for the next closest contracted provider 20 or facility; 21 (2) if patterns of care in the service area do not 22 support the need for the requested number of provider or 23 facility type and the insurer provides data on local 24 patterns of care, such as claims data, referral patterns, 25 or local provider interviews, indicating where the 26 beneficiaries currently seek this type of care or where HB3243- 150 -LRB104 10408 AAS 20483 b 1 the physicians currently refer beneficiaries, or both; or 2 (3) other circumstances deemed appropriate by the 3 Department consistent with the requirements of this Act. 4 (h) Insurers are required to report to the Director any 5material change to an approved network plan within 15 days 6after the change occurs and any change that would result in 7failure to meet the requirements of this Act. Upon notice from 8the insurer, the Director shall reevaluate the network plan's 9compliance with the network adequacy and transparency 10standards of this Act. 11(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; 12102-1117, eff. 1-13-23; 103-718, eff. 7-19-24.) 13 (Text of Section from P.A. 103-777) 14 Sec. 10. Network adequacy. 15 (a) An insurer providing a network plan shall file a 16description of all of the following with the Director: 17 (1) The written policies and procedures for adding 18 providers to meet patient needs based on increases in the 19 number of beneficiaries, changes in the 20 patient-to-provider ratio, changes in medical and health 21 care capabilities, and increased demand for services. 22 (2) The written policies and procedures for making 23 referrals within and outside the network. 24 (3) The written policies and procedures on how the 25 network plan will provide 24-hour, 7-day per week access HB3243- 151 -LRB104 10408 AAS 20483 b 1 to network-affiliated primary care, emergency services, 2 and women's principal health care providers. 3 An insurer shall not prohibit a preferred provider from 4discussing any specific or all treatment options with 5beneficiaries irrespective of the insurer's position on those 6treatment options or from advocating on behalf of 7beneficiaries within the utilization review, grievance, or 8appeals processes established by the insurer in accordance 9with any rights or remedies available under applicable State 10or federal law. 11 (b) Insurers must file for review a description of the 12services to be offered through a network plan. The description 13shall include all of the following: 14 (1) A geographic map of the area proposed to be served 15 by the plan by county service area and zip code, including 16 marked locations for preferred providers. 17 (2) As deemed necessary by the Department, the names, 18 addresses, phone numbers, and specialties of the providers 19 who have entered into preferred provider agreements under 20 the network plan. 21 (3) The number of beneficiaries anticipated to be 22 covered by the network plan. 23 (4) An Internet website and toll-free telephone number 24 for beneficiaries and prospective beneficiaries to access 25 current and accurate lists of preferred providers, 26 additional information about the plan, as well as any HB3243- 152 -LRB104 10408 AAS 20483 b 1 other information required by Department rule. 2 (5) A description of how health care services to be 3 rendered under the network plan are reasonably accessible 4 and available to beneficiaries. The description shall 5 address all of the following: 6 (A) the type of health care services to be 7 provided by the network plan; 8 (B) the ratio of physicians and other providers to 9 beneficiaries, by specialty and including primary care 10 physicians and facility-based physicians when 11 applicable under the contract, necessary to meet the 12 health care needs and service demands of the currently 13 enrolled population; 14 (C) the travel and distance standards for plan 15 beneficiaries in county service areas; and 16 (D) a description of how the use of telemedicine, 17 telehealth, or mobile care services may be used to 18 partially meet the network adequacy standards, if 19 applicable. 20 (6) A provision ensuring that whenever a beneficiary 21 has made a good faith effort, as evidenced by accessing 22 the provider directory, calling the network plan, and 23 calling the provider, to utilize preferred providers for a 24 covered service and it is determined the insurer does not 25 have the appropriate preferred providers due to 26 insufficient number, type, or unreasonable travel distance HB3243- 153 -LRB104 10408 AAS 20483 b 1 or delay, or preferred providers refusing to provide a 2 covered service because it is contrary to the conscience 3 of the preferred providers, as protected by the Health 4 Care Right of Conscience Act, the insurer shall ensure, 5 directly or indirectly, by terms contained in the payer 6 contract, that the beneficiary will be provided the 7 covered service at no greater cost to the beneficiary than 8 if the service had been provided by a preferred provider. 9 This paragraph (6) does not apply to: (A) a beneficiary 10 who willfully chooses to access a non-preferred provider 11 for health care services available through the panel of 12 preferred providers, or (B) a beneficiary enrolled in a 13 health maintenance organization. In these circumstances, 14 the contractual requirements for non-preferred provider 15 reimbursements shall apply unless Section 356z.3a of the 16 Illinois Insurance Code requires otherwise. In no event 17 shall a beneficiary who receives care at a participating 18 health care facility be required to search for 19 participating providers under the circumstances described 20 in subsection (b) or (b-5) of Section 356z.3a of the 21 Illinois Insurance Code except under the circumstances 22 described in paragraph (2) of subsection (b-5). 23 (7) A provision that the beneficiary shall receive 24 emergency care coverage such that payment for this 25 coverage is not dependent upon whether the emergency 26 services are performed by a preferred or non-preferred HB3243- 154 -LRB104 10408 AAS 20483 b 1 provider and the coverage shall be at the same benefit 2 level as if the service or treatment had been rendered by a 3 preferred provider. For purposes of this paragraph (7), 4 "the same benefit level" means that the beneficiary is 5 provided the covered service at no greater cost to the 6 beneficiary than if the service had been provided by a 7 preferred provider. This provision shall be consistent 8 with Section 356z.3a of the Illinois Insurance Code. 9 (8) A limitation that, if the plan provides that the 10 beneficiary will incur a penalty for failing to 11 pre-certify inpatient hospital treatment, the penalty may 12 not exceed $1,000 per occurrence in addition to the plan 13 cost sharing provisions. 14 (c) The network plan shall demonstrate to the Director a 15minimum ratio of providers to plan beneficiaries as required 16by the Department. 17 (1) The ratio of physicians or other providers to plan 18 beneficiaries shall be established annually by the 19 Department in consultation with the Department of Public 20 Health based upon the guidance from the federal Centers 21 for Medicare and Medicaid Services. The Department shall 22 not establish ratios for vision or dental providers who 23 provide services under dental-specific or vision-specific 24 benefits, except to the extent provided under federal law 25 for stand-alone dental plans. The Department shall 26 consider establishing ratios for the following physicians HB3243- 155 -LRB104 10408 AAS 20483 b 1 or other providers: 2 (A) Primary Care; 3 (B) Pediatrics; 4 (C) Cardiology; 5 (D) Gastroenterology; 6 (E) General Surgery; 7 (F) Neurology; 8 (G) OB/GYN; 9 (H) Oncology/Radiation; 10 (I) Ophthalmology; 11 (J) Urology; 12 (K) Behavioral Health; 13 (L) Allergy/Immunology; 14 (M) Chiropractic; 15 (N) Dermatology; 16 (O) Endocrinology; 17 (P) Ears, Nose, and Throat (ENT)/Otolaryngology; 18 (Q) Infectious Disease; 19 (R) Nephrology; 20 (S) Neurosurgery; 21 (T) Orthopedic Surgery; 22 (U) Physiatry/Rehabilitative; 23 (V) Plastic Surgery; 24 (W) Pulmonary; 25 (X) Rheumatology; 26 (Y) Anesthesiology; HB3243- 156 -LRB104 10408 AAS 20483 b 1 (Z) Pain Medicine; 2 (AA) Pediatric Specialty Services; 3 (BB) Outpatient Dialysis; and 4 (CC) HIV. 5 (2) The Director shall establish a process for the 6 review of the adequacy of these standards, along with an 7 assessment of additional specialties to be included in the 8 list under this subsection (c). 9 (3) If the federal Centers for Medicare and Medicaid 10 Services establishes minimum provider ratios for 11 stand-alone dental plans in the type of exchange in use in 12 this State for a given plan year, the Department shall 13 enforce those standards for stand-alone dental plans for 14 that plan year. 15 (d) The network plan shall demonstrate to the Director 16maximum travel and distance standards for plan beneficiaries, 17which shall be established annually by the Department in 18consultation with the Department of Public Health based upon 19the guidance from the federal Centers for Medicare and 20Medicaid Services. These standards shall consist of the 21maximum minutes or miles to be traveled by a plan beneficiary 22for each county type, such as large counties, metro counties, 23or rural counties as defined by Department rule. 24 The maximum travel time and distance standards must 25include standards for each physician and other provider 26category listed for which ratios have been established. HB3243- 157 -LRB104 10408 AAS 20483 b 1 The Director shall establish a process for the review of 2the adequacy of these standards along with an assessment of 3additional specialties to be included in the list under this 4subsection (d). 5 If the federal Centers for Medicare and Medicaid Services 6establishes appointment wait-time standards for qualified 7health plans, including stand-alone dental plans, in the type 8of exchange in use in this State for a given plan year, the 9Department shall enforce those standards for the same types of 10qualified health plans for that plan year. If the federal 11Centers for Medicare and Medicaid Services establishes time 12and distance standards for stand-alone dental plans in the 13type of exchange in use in this State for a given plan year, 14the Department shall enforce those standards for stand-alone 15dental plans for that plan year. 16 (d-5)(1) Every insurer shall ensure that beneficiaries 17have timely and proximate access to treatment for mental, 18emotional, nervous, or substance use disorders or conditions 19in accordance with the provisions of paragraph (4) of 20subsection (a) of Section 370c of the Illinois Insurance Code. 21Insurers shall use a comparable process, strategy, evidentiary 22standard, and other factors in the development and application 23of the network adequacy standards for timely and proximate 24access to treatment for mental, emotional, nervous, or 25substance use disorders or conditions and those for the access 26to treatment for medical and surgical conditions. As such, the HB3243- 158 -LRB104 10408 AAS 20483 b 1network adequacy standards for timely and proximate access 2shall equally be applied to treatment facilities and providers 3for mental, emotional, nervous, or substance use disorders or 4conditions and specialists providing medical or surgical 5benefits pursuant to the parity requirements of Section 370c.1 6of the Illinois Insurance Code and the federal Paul Wellstone 7and Pete Domenici Mental Health Parity and Addiction Equity 8Act of 2008. Notwithstanding the foregoing, the network 9adequacy standards for timely and proximate access to 10treatment for mental, emotional, nervous, or substance use 11disorders or conditions shall, at a minimum, satisfy the 12following requirements: 13 (A) For beneficiaries residing in the metropolitan 14 counties of Cook, DuPage, Kane, Lake, McHenry, and Will, 15 network adequacy standards for timely and proximate access 16 to treatment for mental, emotional, nervous, or substance 17 use disorders or conditions means a beneficiary shall not 18 have to travel longer than 30 minutes or 30 miles from the 19 beneficiary's residence to receive outpatient treatment 20 for mental, emotional, nervous, or substance use disorders 21 or conditions. Beneficiaries shall not be required to wait 22 longer than 10 business days between requesting an initial 23 appointment and being seen by the facility or provider of 24 mental, emotional, nervous, or substance use disorders or 25 conditions for outpatient treatment or to wait longer than 26 20 business days between requesting a repeat or follow-up HB3243- 159 -LRB104 10408 AAS 20483 b 1 appointment and being seen by the facility or provider of 2 mental, emotional, nervous, or substance use disorders or 3 conditions for outpatient treatment; however, subject to 4 the protections of paragraph (3) of this subsection, a 5 network plan shall not be held responsible if the 6 beneficiary or provider voluntarily chooses to schedule an 7 appointment outside of these required time frames. 8 (B) For beneficiaries residing in Illinois counties 9 other than those counties listed in subparagraph (A) of 10 this paragraph, network adequacy standards for timely and 11 proximate access to treatment for mental, emotional, 12 nervous, or substance use disorders or conditions means a 13 beneficiary shall not have to travel longer than 60 14 minutes or 60 miles from the beneficiary's residence to 15 receive outpatient treatment for mental, emotional, 16 nervous, or substance use disorders or conditions. 17 Beneficiaries shall not be required to wait longer than 10 18 business days between requesting an initial appointment 19 and being seen by the facility or provider of mental, 20 emotional, nervous, or substance use disorders or 21 conditions for outpatient treatment or to wait longer than 22 20 business days between requesting a repeat or follow-up 23 appointment and being seen by the facility or provider of 24 mental, emotional, nervous, or substance use disorders or 25 conditions for outpatient treatment; however, subject to 26 the protections of paragraph (3) of this subsection, a HB3243- 160 -LRB104 10408 AAS 20483 b 1 network plan shall not be held responsible if the 2 beneficiary or provider voluntarily chooses to schedule an 3 appointment outside of these required time frames. 4 (2) For beneficiaries residing in all Illinois counties, 5network adequacy standards for timely and proximate access to 6treatment for mental, emotional, nervous, or substance use 7disorders or conditions means a beneficiary shall not have to 8travel longer than 60 minutes or 60 miles from the 9beneficiary's residence to receive inpatient or residential 10treatment for mental, emotional, nervous, or substance use 11disorders or conditions. 12 (3) If there is no in-network facility or provider 13available for a beneficiary to receive timely and proximate 14access to treatment for mental, emotional, nervous, or 15substance use disorders or conditions in accordance with the 16network adequacy standards outlined in this subsection, the 17insurer shall provide necessary exceptions to its network to 18ensure admission and treatment with a provider or at a 19treatment facility in accordance with the network adequacy 20standards in this subsection. 21 (4) If the federal Centers for Medicare and Medicaid 22Services establishes a more stringent standard in any county 23than specified in paragraph (1) or (2) of this subsection 24(d-5) for qualified health plans in the type of exchange in use 25in this State for a given plan year, the federal standard shall 26apply in lieu of the standard in paragraph (1) or (2) of this HB3243- 161 -LRB104 10408 AAS 20483 b 1subsection (d-5) for qualified health plans for that plan 2year. 3 (e) Except for network plans solely offered as a group 4health plan, these ratio and time and distance standards apply 5to the lowest cost-sharing tier of any tiered network. 6 (f) The network plan may consider use of other health care 7service delivery options, such as telemedicine or telehealth, 8mobile clinics, and centers of excellence, or other ways of 9delivering care to partially meet the requirements set under 10this Section. 11 (g) Except for the requirements set forth in subsection 12(d-5), insurers who are not able to comply with the provider 13ratios, time and distance standards, and appointment wait-time 14standards established under this Act or federal law may 15request an exception to these requirements from the 16Department. The Department may grant an exception in the 17following circumstances: 18 (1) if no providers or facilities meet the specific 19 time and distance standard in a specific service area and 20 the insurer (i) discloses information on the distance and 21 travel time points that beneficiaries would have to travel 22 beyond the required criterion to reach the next closest 23 contracted provider outside of the service area and (ii) 24 provides contact information, including names, addresses, 25 and phone numbers for the next closest contracted provider 26 or facility; HB3243- 162 -LRB104 10408 AAS 20483 b 1 (2) if patterns of care in the service area do not 2 support the need for the requested number of provider or 3 facility type and the insurer provides data on local 4 patterns of care, such as claims data, referral patterns, 5 or local provider interviews, indicating where the 6 beneficiaries currently seek this type of care or where 7 the physicians currently refer beneficiaries, or both; or 8 (3) other circumstances deemed appropriate by the 9 Department consistent with the requirements of this Act. 10 (h) Insurers are required to report to the Director any 11material change to an approved network plan within 15 days 12after the change occurs and any change that would result in 13failure to meet the requirements of this Act. Upon notice from 14the insurer, the Director shall reevaluate the network plan's 15compliance with the network adequacy and transparency 16standards of this Act. 17(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; 18102-1117, eff. 1-13-23; 103-777, eff. 1-1-25.) 19 (Text of Section from P.A. 103-906) 20 Sec. 10. Network adequacy. 21 (a) An insurer providing a network plan shall file a 22description of all of the following with the Director: 23 (1) The written policies and procedures for adding 24 providers to meet patient needs based on increases in the 25 number of beneficiaries, changes in the HB3243- 163 -LRB104 10408 AAS 20483 b 1 patient-to-provider ratio, changes in medical and health 2 care capabilities, and increased demand for services. 3 (2) The written policies and procedures for making 4 referrals within and outside the network. 5 (3) The written policies and procedures on how the 6 network plan will provide 24-hour, 7-day per week access 7 to network-affiliated primary care, emergency services, 8 and women's principal health care providers. 9 An insurer shall not prohibit a preferred provider from 10discussing any specific or all treatment options with 11beneficiaries irrespective of the insurer's position on those 12treatment options or from advocating on behalf of 13beneficiaries within the utilization review, grievance, or 14appeals processes established by the insurer in accordance 15with any rights or remedies available under applicable State 16or federal law. 17 (b) Insurers must file for review a description of the 18services to be offered through a network plan. The description 19shall include all of the following: 20 (1) A geographic map of the area proposed to be served 21 by the plan by county service area and zip code, including 22 marked locations for preferred providers. 23 (2) As deemed necessary by the Department, the names, 24 addresses, phone numbers, and specialties of the providers 25 who have entered into preferred provider agreements under 26 the network plan. HB3243- 164 -LRB104 10408 AAS 20483 b 1 (3) The number of beneficiaries anticipated to be 2 covered by the network plan. 3 (4) An Internet website and toll-free telephone number 4 for beneficiaries and prospective beneficiaries to access 5 current and accurate lists of preferred providers, 6 additional information about the plan, as well as any 7 other information required by Department rule. 8 (5) A description of how health care services to be 9 rendered under the network plan are reasonably accessible 10 and available to beneficiaries. The description shall 11 address all of the following: 12 (A) the type of health care services to be 13 provided by the network plan; 14 (B) the ratio of physicians and other providers to 15 beneficiaries, by specialty and including primary care 16 physicians and facility-based physicians when 17 applicable under the contract, necessary to meet the 18 health care needs and service demands of the currently 19 enrolled population; 20 (C) the travel and distance standards for plan 21 beneficiaries in county service areas; and 22 (D) a description of how the use of telemedicine, 23 telehealth, or mobile care services may be used to 24 partially meet the network adequacy standards, if 25 applicable. 26 (6) A provision ensuring that whenever a beneficiary HB3243- 165 -LRB104 10408 AAS 20483 b 1 has made a good faith effort, as evidenced by accessing 2 the provider directory, calling the network plan, and 3 calling the provider, to utilize preferred providers for a 4 covered service and it is determined the insurer does not 5 have the appropriate preferred providers due to 6 insufficient number, type, or unreasonable travel distance 7 or delay, or preferred providers refusing to provide a 8 covered service because it is contrary to the conscience 9 of the preferred providers, as protected by the Health 10 Care Right of Conscience Act, the insurer shall ensure, 11 directly or indirectly, by terms contained in the payer 12 contract, that the beneficiary will be provided the 13 covered service at no greater cost to the beneficiary than 14 if the service had been provided by a preferred provider. 15 This paragraph (6) does not apply to: (A) a beneficiary 16 who willfully chooses to access a non-preferred provider 17 for health care services available through the panel of 18 preferred providers, or (B) a beneficiary enrolled in a 19 health maintenance organization. In these circumstances, 20 the contractual requirements for non-preferred provider 21 reimbursements shall apply unless Section 356z.3a of the 22 Illinois Insurance Code requires otherwise. In no event 23 shall a beneficiary who receives care at a participating 24 health care facility be required to search for 25 participating providers under the circumstances described 26 in subsection (b) or (b-5) of Section 356z.3a of the HB3243- 166 -LRB104 10408 AAS 20483 b 1 Illinois Insurance Code except under the circumstances 2 described in paragraph (2) of subsection (b-5). 3 (7) A provision that the beneficiary shall receive 4 emergency care coverage such that payment for this 5 coverage is not dependent upon whether the emergency 6 services are performed by a preferred or non-preferred 7 provider and the coverage shall be at the same benefit 8 level as if the service or treatment had been rendered by a 9 preferred provider. For purposes of this paragraph (7), 10 "the same benefit level" means that the beneficiary is 11 provided the covered service at no greater cost to the 12 beneficiary than if the service had been provided by a 13 preferred provider. This provision shall be consistent 14 with Section 356z.3a of the Illinois Insurance Code. 15 (8) A limitation that, if the plan provides that the 16 beneficiary will incur a penalty for failing to 17 pre-certify inpatient hospital treatment, the penalty may 18 not exceed $1,000 per occurrence in addition to the plan 19 cost sharing provisions. 20 (c) The network plan shall demonstrate to the Director a 21minimum ratio of providers to plan beneficiaries as required 22by the Department. 23 (1) The ratio of physicians or other providers to plan 24 beneficiaries shall be established annually by the 25 Department in consultation with the Department of Public 26 Health based upon the guidance from the federal Centers HB3243- 167 -LRB104 10408 AAS 20483 b 1 for Medicare and Medicaid Services. The Department shall 2 not establish ratios for vision or dental providers who 3 provide services under dental-specific or vision-specific 4 benefits. The Department shall consider establishing 5 ratios for the following physicians or other providers: 6 (A) Primary Care; 7 (B) Pediatrics; 8 (C) Cardiology; 9 (D) Gastroenterology; 10 (E) General Surgery; 11 (F) Neurology; 12 (G) OB/GYN; 13 (H) Oncology/Radiation; 14 (I) Ophthalmology; 15 (J) Urology; 16 (K) Behavioral Health; 17 (L) Allergy/Immunology; 18 (M) Chiropractic; 19 (N) Dermatology; 20 (O) Endocrinology; 21 (P) Ears, Nose, and Throat (ENT)/Otolaryngology; 22 (Q) Infectious Disease; 23 (R) Nephrology; 24 (S) Neurosurgery; 25 (T) Orthopedic Surgery; 26 (U) Physiatry/Rehabilitative; HB3243- 168 -LRB104 10408 AAS 20483 b 1 (V) Plastic Surgery; 2 (W) Pulmonary; 3 (X) Rheumatology; 4 (Y) Anesthesiology; 5 (Z) Pain Medicine; 6 (AA) Pediatric Specialty Services; 7 (BB) Outpatient Dialysis; and 8 (CC) HIV. 9 (1.5) Beginning January 1, 2026, every insurer shall 10 demonstrate to the Director that each in-network hospital 11 has at least one radiologist, pathologist, 12 anesthesiologist, and emergency room physician as a 13 preferred provider in a network plan. The Department may, 14 by rule, require additional types of hospital-based 15 medical specialists to be included as preferred providers 16 in each in-network hospital in a network plan. 17 (2) The Director shall establish a process for the 18 review of the adequacy of these standards, along with an 19 assessment of additional specialties to be included in the 20 list under this subsection (c). 21 (d) The network plan shall demonstrate to the Director 22maximum travel and distance standards for plan beneficiaries, 23which shall be established annually by the Department in 24consultation with the Department of Public Health based upon 25the guidance from the federal Centers for Medicare and 26Medicaid Services. These standards shall consist of the HB3243- 169 -LRB104 10408 AAS 20483 b 1maximum minutes or miles to be traveled by a plan beneficiary 2for each county type, such as large counties, metro counties, 3or rural counties as defined by Department rule. 4 The maximum travel time and distance standards must 5include standards for each physician and other provider 6category listed for which ratios have been established. 7 The Director shall establish a process for the review of 8the adequacy of these standards along with an assessment of 9additional specialties to be included in the list under this 10subsection (d). 11 (d-5)(1) Every insurer shall ensure that beneficiaries 12have timely and proximate access to treatment for mental, 13emotional, nervous, or substance use disorders or conditions 14in accordance with the provisions of paragraph (4) of 15subsection (a) of Section 370c of the Illinois Insurance Code. 16Insurers shall use a comparable process, strategy, evidentiary 17standard, and other factors in the development and application 18of the network adequacy standards for timely and proximate 19access to treatment for mental, emotional, nervous, or 20substance use disorders or conditions and those for the access 21to treatment for medical and surgical conditions. As such, the 22network adequacy standards for timely and proximate access 23shall equally be applied to treatment facilities and providers 24for mental, emotional, nervous, or substance use disorders or 25conditions and specialists providing medical or surgical 26benefits pursuant to the parity requirements of Section 370c.1 HB3243- 170 -LRB104 10408 AAS 20483 b 1of the Illinois Insurance Code and the federal Paul Wellstone 2and Pete Domenici Mental Health Parity and Addiction Equity 3Act of 2008. Notwithstanding the foregoing, the network 4adequacy standards for timely and proximate access to 5treatment for mental, emotional, nervous, or substance use 6disorders or conditions shall, at a minimum, satisfy the 7following requirements: 8 (A) For beneficiaries residing in the metropolitan 9 counties of Cook, DuPage, Kane, Lake, McHenry, and Will, 10 network adequacy standards for timely and proximate access 11 to treatment for mental, emotional, nervous, or substance 12 use disorders or conditions means a beneficiary shall not 13 have to travel longer than 30 minutes or 30 miles from the 14 beneficiary's residence to receive outpatient treatment 15 for mental, emotional, nervous, or substance use disorders 16 or conditions. Beneficiaries shall not be required to wait 17 longer than 10 business days between requesting an initial 18 appointment and being seen by the facility or provider of 19 mental, emotional, nervous, or substance use disorders or 20 conditions for outpatient treatment or to wait longer than 21 20 business days between requesting a repeat or follow-up 22 appointment and being seen by the facility or provider of 23 mental, emotional, nervous, or substance use disorders or 24 conditions for outpatient treatment; however, subject to 25 the protections of paragraph (3) of this subsection, a 26 network plan shall not be held responsible if the HB3243- 171 -LRB104 10408 AAS 20483 b 1 beneficiary or provider voluntarily chooses to schedule an 2 appointment outside of these required time frames. 3 (B) For beneficiaries residing in Illinois counties 4 other than those counties listed in subparagraph (A) of 5 this paragraph, network adequacy standards for timely and 6 proximate access to treatment for mental, emotional, 7 nervous, or substance use disorders or conditions means a 8 beneficiary shall not have to travel longer than 60 9 minutes or 60 miles from the beneficiary's residence to 10 receive outpatient treatment for mental, emotional, 11 nervous, or substance use disorders or conditions. 12 Beneficiaries shall not be required to wait longer than 10 13 business days between requesting an initial appointment 14 and being seen by the facility or provider of mental, 15 emotional, nervous, or substance use disorders or 16 conditions for outpatient treatment or to wait longer than 17 20 business days between requesting a repeat or follow-up 18 appointment and being seen by the facility or provider of 19 mental, emotional, nervous, or substance use disorders or 20 conditions for outpatient treatment; however, subject to 21 the protections of paragraph (3) of this subsection, a 22 network plan shall not be held responsible if the 23 beneficiary or provider voluntarily chooses to schedule an 24 appointment outside of these required time frames. 25 (2) For beneficiaries residing in all Illinois counties, 26network adequacy standards for timely and proximate access to HB3243- 172 -LRB104 10408 AAS 20483 b 1treatment for mental, emotional, nervous, or substance use 2disorders or conditions means a beneficiary shall not have to 3travel longer than 60 minutes or 60 miles from the 4beneficiary's residence to receive inpatient or residential 5treatment for mental, emotional, nervous, or substance use 6disorders or conditions. 7 (3) If there is no in-network facility or provider 8available for a beneficiary to receive timely and proximate 9access to treatment for mental, emotional, nervous, or 10substance use disorders or conditions in accordance with the 11network adequacy standards outlined in this subsection, the 12insurer shall provide necessary exceptions to its network to 13ensure admission and treatment with a provider or at a 14treatment facility in accordance with the network adequacy 15standards in this subsection. 16 (e) Except for network plans solely offered as a group 17health plan, these ratio and time and distance standards apply 18to the lowest cost-sharing tier of any tiered network. 19 (f) The network plan may consider use of other health care 20service delivery options, such as telemedicine or telehealth, 21mobile clinics, and centers of excellence, or other ways of 22delivering care to partially meet the requirements set under 23this Section. 24 (g) Except for the requirements set forth in subsection 25(d-5), insurers who are not able to comply with the provider 26ratios and time and distance standards established by the HB3243- 173 -LRB104 10408 AAS 20483 b 1Department may request an exception to these requirements from 2the Department. The Department may grant an exception in the 3following circumstances: 4 (1) if no providers or facilities meet the specific 5 time and distance standard in a specific service area and 6 the insurer (i) discloses information on the distance and 7 travel time points that beneficiaries would have to travel 8 beyond the required criterion to reach the next closest 9 contracted provider outside of the service area and (ii) 10 provides contact information, including names, addresses, 11 and phone numbers for the next closest contracted provider 12 or facility; 13 (2) if patterns of care in the service area do not 14 support the need for the requested number of provider or 15 facility type and the insurer provides data on local 16 patterns of care, such as claims data, referral patterns, 17 or local provider interviews, indicating where the 18 beneficiaries currently seek this type of care or where 19 the physicians currently refer beneficiaries, or both; or 20 (3) other circumstances deemed appropriate by the 21 Department consistent with the requirements of this Act. 22 (h) Insurers are required to report to the Director any 23material change to an approved network plan within 15 days 24after the change occurs and any change that would result in 25failure to meet the requirements of this Act. Upon notice from 26the insurer, the Director shall reevaluate the network plan's HB3243- 174 -LRB104 10408 AAS 20483 b 1compliance with the network adequacy and transparency 2standards of this Act. 3(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; 4102-1117, eff. 1-13-23; 103-906, eff. 1-1-25.) 5 Section 5-60. The Health Maintenance Organization Act is 6amended by changing Section 5-3 as follows: 7 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) 8 (Text of Section before amendment by P.A. 103-808) 9 Sec. 5-3. Insurance Code provisions. 10 (a) Health Maintenance Organizations shall be subject to 11the provisions of Sections 133, 134, 136, 137, 139, 140, 12141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 13152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 14155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1, 15356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a, 16356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 17356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 18356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25, 19356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33, 20356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 21356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47, 22356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55, 23356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62, 24356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69, HB3243- 175 -LRB104 10408 AAS 20483 b 1356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77, 2364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 3368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 4408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection 5(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, 6XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois 7Insurance Code. 8 (b) For purposes of the Illinois Insurance Code, except 9for Sections 444 and 444.1 and Articles XIII and XIII 1/2, 10Health Maintenance Organizations in the following categories 11are deemed to be "domestic companies": 12 (1) a corporation authorized under the Dental Service 13 Plan Act or the Voluntary Health Services Plans Act; 14 (2) a corporation organized under the laws of this 15 State; or 16 (3) a corporation organized under the laws of another 17 state, 30% or more of the enrollees of which are residents 18 of this State, except a corporation subject to 19 substantially the same requirements in its state of 20 organization as is a "domestic company" under Article VIII 21 1/2 of the Illinois Insurance Code. 22 (c) In considering the merger, consolidation, or other 23acquisition of control of a Health Maintenance Organization 24pursuant to Article VIII 1/2 of the Illinois Insurance Code, 25 (1) the Director shall give primary consideration to 26 the continuation of benefits to enrollees and the HB3243- 176 -LRB104 10408 AAS 20483 b 1 financial conditions of the acquired Health Maintenance 2 Organization after the merger, consolidation, or other 3 acquisition of control takes effect; 4 (2)(i) the criteria specified in subsection (1)(b) of 5 Section 131.8 of the Illinois Insurance Code shall not 6 apply and (ii) the Director, in making his determination 7 with respect to the merger, consolidation, or other 8 acquisition of control, need not take into account the 9 effect on competition of the merger, consolidation, or 10 other acquisition of control; 11 (3) the Director shall have the power to require the 12 following information: 13 (A) certification by an independent actuary of the 14 adequacy of the reserves of the Health Maintenance 15 Organization sought to be acquired; 16 (B) pro forma financial statements reflecting the 17 combined balance sheets of the acquiring company and 18 the Health Maintenance Organization sought to be 19 acquired as of the end of the preceding year and as of 20 a date 90 days prior to the acquisition, as well as pro 21 forma financial statements reflecting projected 22 combined operation for a period of 2 years; 23 (C) a pro forma business plan detailing an 24 acquiring party's plans with respect to the operation 25 of the Health Maintenance Organization sought to be 26 acquired for a period of not less than 3 years; and HB3243- 177 -LRB104 10408 AAS 20483 b 1 (D) such other information as the Director shall 2 require. 3 (d) The provisions of Article VIII 1/2 of the Illinois 4Insurance Code and this Section 5-3 shall apply to the sale by 5any health maintenance organization of greater than 10% of its 6enrollee population (including, without limitation, the health 7maintenance organization's right, title, and interest in and 8to its health care certificates). 9 (e) In considering any management contract or service 10agreement subject to Section 141.1 of the Illinois Insurance 11Code, the Director (i) shall, in addition to the criteria 12specified in Section 141.2 of the Illinois Insurance Code, 13take into account the effect of the management contract or 14service agreement on the continuation of benefits to enrollees 15and the financial condition of the health maintenance 16organization to be managed or serviced, and (ii) need not take 17into account the effect of the management contract or service 18agreement on competition. 19 (f) Except for small employer groups as defined in the 20Small Employer Rating, Renewability and Portability Health 21Insurance Act and except for medicare supplement policies as 22defined in Section 363 of the Illinois Insurance Code, a 23Health Maintenance Organization may by contract agree with a 24group or other enrollment unit to effect refunds or charge 25additional premiums under the following terms and conditions: 26 (i) the amount of, and other terms and conditions with HB3243- 178 -LRB104 10408 AAS 20483 b 1 respect to, the refund or additional premium are set forth 2 in the group or enrollment unit contract agreed in advance 3 of the period for which a refund is to be paid or 4 additional premium is to be charged (which period shall 5 not be less than one year); and 6 (ii) the amount of the refund or additional premium 7 shall not exceed 20% of the Health Maintenance 8 Organization's profitable or unprofitable experience with 9 respect to the group or other enrollment unit for the 10 period (and, for purposes of a refund or additional 11 premium, the profitable or unprofitable experience shall 12 be calculated taking into account a pro rata share of the 13 Health Maintenance Organization's administrative and 14 marketing expenses, but shall not include any refund to be 15 made or additional premium to be paid pursuant to this 16 subsection (f)). The Health Maintenance Organization and 17 the group or enrollment unit may agree that the profitable 18 or unprofitable experience may be calculated taking into 19 account the refund period and the immediately preceding 2 20 plan years. 21 The Health Maintenance Organization shall include a 22statement in the evidence of coverage issued to each enrollee 23describing the possibility of a refund or additional premium, 24and upon request of any group or enrollment unit, provide to 25the group or enrollment unit a description of the method used 26to calculate (1) the Health Maintenance Organization's HB3243- 179 -LRB104 10408 AAS 20483 b 1profitable experience with respect to the group or enrollment 2unit and the resulting refund to the group or enrollment unit 3or (2) the Health Maintenance Organization's unprofitable 4experience with respect to the group or enrollment unit and 5the resulting additional premium to be paid by the group or 6enrollment unit. 7 In no event shall the Illinois Health Maintenance 8Organization Guaranty Association be liable to pay any 9contractual obligation of an insolvent organization to pay any 10refund authorized under this Section. 11 (g) Rulemaking authority to implement Public Act 95-1045, 12if any, is conditioned on the rules being adopted in 13accordance with all provisions of the Illinois Administrative 14Procedure Act and all rules and procedures of the Joint 15Committee on Administrative Rules; any purported rule not so 16adopted, for whatever reason, is unauthorized. 17(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; 18102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 191-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, 20eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 21102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 221-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, 23eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 24103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. 256-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, 26eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; HB3243- 180 -LRB104 10408 AAS 20483 b 1103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff. 21-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, 3eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25; 4103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff. 51-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.) 6 (Text of Section after amendment by P.A. 103-808) 7 Sec. 5-3. Insurance Code provisions. 8 (a) Health Maintenance Organizations shall be subject to 9the provisions of Sections 133, 134, 136, 137, 139, 140, 10141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 11152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 12155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g, 13356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 14356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 15356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 16356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 17356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 18356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 19356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 20356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 21356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 22356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 23356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 24356z.77, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 25368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, HB3243- 181 -LRB104 10408 AAS 20483 b 1408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of 2subsection (2) of Section 367, and Articles IIA, VIII 1/2, 3XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the 4Illinois Insurance Code. 5 (b) For purposes of the Illinois Insurance Code, except 6for Sections 444 and 444.1 and Articles XIII and XIII 1/2, 7Health Maintenance Organizations in the following categories 8are deemed to be "domestic companies": 9 (1) a corporation authorized under the Dental Service 10 Plan Act or the Voluntary Health Services Plans Act; 11 (2) a corporation organized under the laws of this 12 State; or 13 (3) a corporation organized under the laws of another 14 state, 30% or more of the enrollees of which are residents 15 of this State, except a corporation subject to 16 substantially the same requirements in its state of 17 organization as is a "domestic company" under Article VIII 18 1/2 of the Illinois Insurance Code. 19 (c) In considering the merger, consolidation, or other 20acquisition of control of a Health Maintenance Organization 21pursuant to Article VIII 1/2 of the Illinois Insurance Code, 22 (1) the Director shall give primary consideration to 23 the continuation of benefits to enrollees and the 24 financial conditions of the acquired Health Maintenance 25 Organization after the merger, consolidation, or other 26 acquisition of control takes effect; HB3243- 182 -LRB104 10408 AAS 20483 b 1 (2)(i) the criteria specified in subsection (1)(b) of 2 Section 131.8 of the Illinois Insurance Code shall not 3 apply and (ii) the Director, in making his determination 4 with respect to the merger, consolidation, or other 5 acquisition of control, need not take into account the 6 effect on competition of the merger, consolidation, or 7 other acquisition of control; 8 (3) the Director shall have the power to require the 9 following information: 10 (A) certification by an independent actuary of the 11 adequacy of the reserves of the Health Maintenance 12 Organization sought to be acquired; 13 (B) pro forma financial statements reflecting the 14 combined balance sheets of the acquiring company and 15 the Health Maintenance Organization sought to be 16 acquired as of the end of the preceding year and as of 17 a date 90 days prior to the acquisition, as well as pro 18 forma financial statements reflecting projected 19 combined operation for a period of 2 years; 20 (C) a pro forma business plan detailing an 21 acquiring party's plans with respect to the operation 22 of the Health Maintenance Organization sought to be 23 acquired for a period of not less than 3 years; and 24 (D) such other information as the Director shall 25 require. 26 (d) The provisions of Article VIII 1/2 of the Illinois HB3243- 183 -LRB104 10408 AAS 20483 b 1Insurance Code and this Section 5-3 shall apply to the sale by 2any health maintenance organization of greater than 10% of its 3enrollee population (including, without limitation, the health 4maintenance organization's right, title, and interest in and 5to its health care certificates). 6 (e) In considering any management contract or service 7agreement subject to Section 141.1 of the Illinois Insurance 8Code, the Director (i) shall, in addition to the criteria 9specified in Section 141.2 of the Illinois Insurance Code, 10take into account the effect of the management contract or 11service agreement on the continuation of benefits to enrollees 12and the financial condition of the health maintenance 13organization to be managed or serviced, and (ii) need not take 14into account the effect of the management contract or service 15agreement on competition. 16 (f) Except for small employer groups as defined in the 17Small Employer Rating, Renewability and Portability Health 18Insurance Act and except for medicare supplement policies as 19defined in Section 363 of the Illinois Insurance Code, a 20Health Maintenance Organization may by contract agree with a 21group or other enrollment unit to effect refunds or charge 22additional premiums under the following terms and conditions: 23 (i) the amount of, and other terms and conditions with 24 respect to, the refund or additional premium are set forth 25 in the group or enrollment unit contract agreed in advance 26 of the period for which a refund is to be paid or HB3243- 184 -LRB104 10408 AAS 20483 b 1 additional premium is to be charged (which period shall 2 not be less than one year); and 3 (ii) the amount of the refund or additional premium 4 shall not exceed 20% of the Health Maintenance 5 Organization's profitable or unprofitable experience with 6 respect to the group or other enrollment unit for the 7 period (and, for purposes of a refund or additional 8 premium, the profitable or unprofitable experience shall 9 be calculated taking into account a pro rata share of the 10 Health Maintenance Organization's administrative and 11 marketing expenses, but shall not include any refund to be 12 made or additional premium to be paid pursuant to this 13 subsection (f)). The Health Maintenance Organization and 14 the group or enrollment unit may agree that the profitable 15 or unprofitable experience may be calculated taking into 16 account the refund period and the immediately preceding 2 17 plan years. 18 The Health Maintenance Organization shall include a 19statement in the evidence of coverage issued to each enrollee 20describing the possibility of a refund or additional premium, 21and upon request of any group or enrollment unit, provide to 22the group or enrollment unit a description of the method used 23to calculate (1) the Health Maintenance Organization's 24profitable experience with respect to the group or enrollment 25unit and the resulting refund to the group or enrollment unit 26or (2) the Health Maintenance Organization's unprofitable HB3243- 185 -LRB104 10408 AAS 20483 b 1experience with respect to the group or enrollment unit and 2the resulting additional premium to be paid by the group or 3enrollment unit. 4 In no event shall the Illinois Health Maintenance 5Organization Guaranty Association be liable to pay any 6contractual obligation of an insolvent organization to pay any 7refund authorized under this Section. 8 (g) Rulemaking authority to implement Public Act 95-1045, 9if any, is conditioned on the rules being adopted in 10accordance with all provisions of the Illinois Administrative 11Procedure Act and all rules and procedures of the Joint 12Committee on Administrative Rules; any purported rule not so 13adopted, for whatever reason, is unauthorized. 14(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; 15102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 161-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, 17eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 18102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 191-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, 20eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 21103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. 226-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, 23eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 24103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff. 251-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, 26eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25; HB3243- 186 -LRB104 10408 AAS 20483 b 1103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff. 21-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised 311-26-24.) 4 Section 5-65. The Limited Health Service Organization Act 5is amended by changing Section 4003 as follows: 6 (215 ILCS 130/4003) (from Ch. 73, par. 1504-3) 7 Sec. 4003. Illinois Insurance Code provisions. Limited 8health service organizations shall be subject to the 9provisions of Sections 133, 134, 136, 137, 139, 140, 141.1, 10141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153, 11154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c, 12355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a, 13356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32, 14356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 15356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71, 16356z.73, 356z.74, 356z.75, 364.3, 368a, 401, 401.1, 402, 403, 17403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, 18VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the 19Illinois Insurance Code. Nothing in this Section shall require 20a limited health care plan to cover any service that is not a 21limited health service. For purposes of the Illinois Insurance 22Code, except for Sections 444 and 444.1 and Articles XIII and 23XIII 1/2, limited health service organizations in the 24following categories are deemed to be domestic companies: HB3243- 187 -LRB104 10408 AAS 20483 b 1 (1) a corporation under the laws of this State; or 2 (2) a corporation organized under the laws of another 3 state, 30% or more of the enrollees of which are residents 4 of this State, except a corporation subject to 5 substantially the same requirements in its state of 6 organization as is a domestic company under Article VIII 7 1/2 of the Illinois Insurance Code. 8(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 9102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff. 101-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816, 11eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 12102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 131-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, 14eff. 1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25; 15103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 167-19-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, 17eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.) 18 Section 5-70. The Voluntary Health Services Plans Act is 19amended by changing Section 10 as follows: 20 (215 ILCS 165/10) (from Ch. 32, par. 604) 21 Sec. 10. Application of Insurance Code provisions. Health 22services plan corporations and all persons interested therein 23or dealing therewith shall be subject to the provisions of 24Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140, HB3243- 188 -LRB104 10408 AAS 20483 b 1143, 143.31, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 2355b, 355d, 356g, 356g.5, 356g.5-1, 356m, 356q, 356r, 356t, 3356u, 356u.10, 356v, 356w, 356x, 356y, 356z.1, 356z.2, 4356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 5356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18, 6356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 7356z.32, 356z.32a, 356z.33, 356z.40, 356z.41, 356z.46, 8356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 9356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.71, 10356z.72, 356z.74, 356z.75, 356z.77, 364.01, 364.3, 367.2, 11368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and 12paragraphs (7) and (15) of Section 367 of the Illinois 13Insurance Code. 14 Rulemaking authority to implement Public Act 95-1045, if 15any, is conditioned on the rules being adopted in accordance 16with all provisions of the Illinois Administrative Procedure 17Act and all rules and procedures of the Joint Committee on 18Administrative Rules; any purported rule not so adopted, for 19whatever reason, is unauthorized. 20(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 21102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 2210-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, 23eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 24102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. 251-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, 26eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; HB3243- 189 -LRB104 10408 AAS 20483 b 1103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-656, eff. 21-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753, 3eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, eff. 1-1-25; 4103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 51-1-25; revised 11-26-24.) 6 Section 5-75. The Behavior Analyst Licensing Act is 7amended by changing Section 60 as follows: 8 (225 ILCS 6/60) 9 (Section scheduled to be repealed on January 1, 2028) 10 Sec. 60. Grounds for disciplinary action. 11 (a) The Department may refuse to issue or renew a license, 12or may suspend, revoke, place on probation, reprimand, or take 13any other disciplinary or nondisciplinary action deemed 14appropriate by the Department, including the imposition of 15fines not to exceed $10,000 for each violation, with regard to 16any license issued under the provisions of this Act for any one 17or a combination of the following grounds: 18 (1) material misstatements in furnishing information 19 to the Department or to any other State agency or in 20 furnishing information to any insurance company with 21 respect to a claim on behalf of a licensee or a patient; 22 (2) violations or negligent or intentional disregard 23 of this Act or its rules; 24 (3) conviction of or entry of a plea of guilty or nolo HB3243- 190 -LRB104 10408 AAS 20483 b 1 contendere, finding of guilt, jury verdict, or entry of 2 judgment or sentencing, including, but not limited to, 3 convictions, preceding sentences of supervision, 4 conditional discharge, or first offender probation, under 5 the laws of any jurisdiction of the United States that is 6 (i) a felony or (ii) a misdemeanor, an essential element 7 of which is dishonesty, or that is directly related to the 8 practice of behavior analysis; 9 (4) fraud or misrepresentation in applying for or 10 procuring a license under this Act or in connection with 11 applying for renewal or restoration of a license under 12 this Act; 13 (5) professional incompetence; 14 (6) gross negligence in practice under this Act; 15 (7) aiding or assisting another person in violating 16 any provision of this Act or its rules; 17 (8) failing to provide information within 60 days in 18 response to a written request made by the Department; 19 (9) engaging in dishonorable, unethical, or 20 unprofessional conduct of a character likely to deceive, 21 defraud, or harm the public as defined by the rules of the 22 Department or violating the rules of professional conduct 23 adopted by the Department; 24 (10) habitual or excessive use or abuse of drugs 25 defined in law as controlled substances, of alcohol, or of 26 any other substances that results in the inability to HB3243- 191 -LRB104 10408 AAS 20483 b 1 practice with reasonable judgment, skill, or safety; 2 (11) adverse action taken by another state or 3 jurisdiction if at least one of the grounds for the 4 discipline is the same or substantially equivalent to 5 those set forth in this Section; 6 (12) directly or indirectly giving to or receiving 7 from any person, firm, corporation, partnership, or 8 association any fee, commission, rebate, or other form of 9 compensation for any professional service not actually 10 rendered; nothing in this paragraph affects any bona fide 11 independent contractor or employment arrangements among 12 health care professionals, health facilities, health care 13 providers, or other entities, except as otherwise 14 prohibited by law; any employment arrangements may include 15 provisions for compensation, health insurance, pension, or 16 other employment benefits for the provision of services 17 within the scope of the licensee's practice under this 18 Act; nothing in this paragraph shall be construed to 19 require an employment arrangement to receive professional 20 fees for services rendered; 21 (13) a finding by the Department that the licensee, 22 after having the license placed on probationary status, 23 has violated the terms of probation or failed to comply 24 with those terms; 25 (14) abandonment, without cause, of a client; 26 (15) willfully making or filing false records or HB3243- 192 -LRB104 10408 AAS 20483 b 1 reports relating to a licensee's practice, including, but 2 not limited to, false records filed with federal or State 3 agencies or departments; 4 (16) willfully failing to report an instance of 5 suspected child abuse or neglect as required by the Abused 6 and Neglected Child Reporting Act; 7 (17) being named as a perpetrator in an indicated 8 report by the Department of Children and Family Services 9 under the Abused and Neglected Child Reporting Act, and 10 upon proof by clear and convincing evidence that the 11 licensee has caused a child to be an abused child or 12 neglected child as defined in the Abused and Neglected 13 Child Reporting Act; 14 (18) physical illness, mental illness, or any other 15 impairment or disability, including, but not limited to, 16 deterioration through the aging process, or loss of motor 17 skills that results in the inability to practice the 18 profession with reasonable judgment, skill, or safety; 19 (19) solicitation of professional services by using 20 false or misleading advertising; 21 (20) violation of the Health Care Worker Self-Referral 22 Act; 23 (21) willfully failing to report an instance of 24 suspected abuse, neglect, financial exploitation, or 25 self-neglect of an eligible adult as defined in and 26 required by the Adult Protective Services Act; or HB3243- 193 -LRB104 10408 AAS 20483 b 1 (22) being named as an abuser in a verified report by 2 the Department on Aging under the Adult Protective 3 Services Act, and upon proof by clear and convincing 4 evidence that the licensee abused, neglected, or 5 financially exploited an eligible adult as defined in the 6 Adult Protective Services Act. 7 (b) The determination by a court that a licensee is 8subject to involuntary admission or judicial admission as 9provided in the Mental Health and Developmental Disabilities 10Code shall result in an automatic suspension of the licensee's 11license. The suspension shall end upon a finding by a court 12that the licensee is no longer subject to involuntary 13admission or judicial admission and issues an order so finding 14and discharging the patient, and upon the recommendation of 15the Board to the Secretary that the licensee be allowed to 16resume professional practice. 17 (c) The Department shall refuse to issue or renew or may 18suspend the license of a person who (i) fails to file a tax 19return, pay the tax, penalty, or interest shown in a filed tax 20return, or pay any final assessment of tax, penalty, or 21interest, as required by any tax Act administered by the 22Department of Revenue, until the requirements of the tax Act 23are satisfied or (ii) has failed to pay any court-ordered 24child support as determined by a court order or by referral 25from the Department of Healthcare and Family Services. 26 (c-1) The Department shall not revoke, suspend, place on HB3243- 194 -LRB104 10408 AAS 20483 b 1probation, reprimand, refuse to issue or renew, or take any 2other disciplinary or non-disciplinary action against the 3license or permit issued under this Act based solely upon the 4licensed behavior analyst recommending, aiding, assisting, 5referring for, or participating in any health care service, so 6long as the care was not unlawful under the laws of this State, 7regardless of whether the patient was a resident of this State 8or another state. 9 (c-2) The Department shall not revoke, suspend, place on 10prohibition, reprimand, refuse to issue or renew, or take any 11other disciplinary or non-disciplinary action against the 12license or permit issued under this Act to practice as a 13licensed behavior analyst based upon the licensed behavior 14analyst's license being revoked or suspended, or the licensed 15behavior analyst being otherwise disciplined by any other 16state, if that revocation, suspension, or other form of 17discipline was based solely on the licensed behavior analyst 18violating another state's laws prohibiting the provision of, 19authorization of, recommendation of, aiding or assisting in, 20referring for, or participation in any health care service if 21that health care service as provided would not have been 22unlawful under the laws of this State and is consistent with 23the standards of conduct for a licensed behavior analyst 24practicing in Illinois. 25 (c-3) The conduct specified in subsections (c-1) and (c-2) 26shall not constitute grounds for suspension under Section 125. HB3243- 195 -LRB104 10408 AAS 20483 b 1 (c-4) The Department shall not revoke, suspend, summarily 2suspend, place on prohibition, reprimand, refuse to issue or 3renew, or take any other disciplinary or non-disciplinary 4action against the license or permit issued under this Act to 5practice as a licensed behavior analyst based solely upon the 6license of a licensed behavior analyst being revoked or the 7licensed behavior analyst being otherwise disciplined by any 8other state or territory other than Illinois for the referral 9for or having otherwise participated in any health care 10service, if the revocation or disciplinary action was based 11solely on a violation of the other state's law prohibiting 12such health care services in the state, for a resident of the 13state, or in any other state. 14 (d) In enforcing this Section, the Department, upon a 15showing of a possible violation, may compel a person licensed 16to practice under this Act, or who has applied for licensure 17under this Act, to submit to a mental or physical examination, 18or both, which may include a substance abuse or sexual 19offender evaluation, as required by and at the expense of the 20Department. 21 (1) The Department shall specifically designate the 22 examining physician licensed to practice medicine in all 23 of its branches or, if applicable, the multidisciplinary 24 team involved in providing the mental or physical 25 examination or both. The multidisciplinary team shall be 26 led by a physician licensed to practice medicine in all of HB3243- 196 -LRB104 10408 AAS 20483 b 1 its branches and may consist of one or more or a 2 combination of physicians licensed to practice medicine in 3 all of its branches, licensed clinical psychologists, 4 licensed clinical professional counselors, and other 5 professional and administrative staff. Any examining 6 physician or member of the multidisciplinary team may 7 require any person ordered to submit to an examination 8 pursuant to this Section to submit to any additional 9 supplemental testing deemed necessary to complete any 10 examination or evaluation process, including, but not 11 limited to, blood testing, urinalysis, psychological 12 testing, or neuropsychological testing. 13 (2) The Department may order the examining physician 14 or any member of the multidisciplinary team to present 15 testimony concerning this mental or physical examination 16 of the licensee or applicant. No information, report, 17 record, or other documents in any way related to the 18 examination shall be excluded by reason of any common law 19 or statutory privilege relating to communications between 20 the licensee or applicant and the examining physician or 21 any member of the multidisciplinary team. No authorization 22 is necessary from the licensee or applicant ordered to 23 undergo an examination for the examining physician or any 24 member of the multidisciplinary team to provide 25 information, reports, records, or other documents or to 26 provide any testimony regarding the examination and HB3243- 197 -LRB104 10408 AAS 20483 b 1 evaluation. 2 (3) The person to be examined may have, at the 3 person's own expense, another physician of the person's 4 choice present during all aspects of the examination. 5 However, that physician shall be present only to observe 6 and may not interfere in any way with the examination. 7 (4) The failure of any person to submit to a mental or 8 physical examination without reasonable cause, when 9 ordered, shall result in an automatic suspension of the 10 person's license until the person submits to the 11 examination. 12 (e) If the Department finds a person unable to practice 13because of the reasons set forth in this Section, the 14Department or Board may require that person to submit to care, 15counseling, or treatment by physicians approved or designated 16by the Department or Board, as a condition, term, or 17restriction for continued, reinstated, or renewed licensure to 18practice; or, in lieu of care, counseling, or treatment, the 19Department may file, or the Board may recommend to the 20Department to file, a complaint to immediately suspend, 21revoke, or otherwise discipline the license of the person. Any 22person whose license was granted, continued, reinstated, 23renewed, disciplined, or supervised subject to the terms, 24conditions, or restrictions, and who fails to comply with the 25terms, conditions, or restrictions, shall be referred to the 26Secretary for a determination as to whether the person shall HB3243- 198 -LRB104 10408 AAS 20483 b 1have the person's license suspended immediately, pending a 2hearing by the Department. 3 (f) All fines imposed shall be paid within 60 days after 4the effective date of the order imposing the fine or in 5accordance with the terms set forth in the order imposing the 6fine. 7 If the Secretary immediately suspends a person's license 8under this subsection, a hearing on that person's license must 9be convened by the Department within 30 days after the 10suspension and completed without appreciable delay. The 11Department and Board shall have the authority to review the 12subject person's record of treatment and counseling regarding 13the impairment, to the extent permitted by applicable federal 14statutes and regulations safeguarding the confidentiality of 15medical records. 16 A person licensed under this Act and affected under this 17Section shall be afforded an opportunity to demonstrate to the 18Department or Board that the person can resume practice in 19compliance with acceptable and prevailing standards under the 20provisions of the person's license. 21 (g) The Department may adopt rules to implement the 22changes made by this amendatory Act of the 102nd General 23Assembly. 24(Source: P.A. 102-953, eff. 5-27-22; 102-1117, eff. 1-13-23.) 25 Section 5-80. The Clinical Psychologist Licensing Act is HB3243- 199 -LRB104 10408 AAS 20483 b 1amended by changing Section 15 as follows: 2 (225 ILCS 15/15) (from Ch. 111, par. 5365) 3 (Section scheduled to be repealed on January 1, 2027) 4 Sec. 15. Disciplinary action; grounds. 5 (a) The Department may refuse to issue, refuse to renew, 6suspend, or revoke any license, or may place on probation, 7reprimand, or take other disciplinary or non-disciplinary 8action deemed appropriate by the Department, including the 9imposition of fines not to exceed $10,000 for each violation, 10with regard to any license issued under the provisions of this 11Act for any one or a combination of the following reasons: 12 (1) Conviction of, or entry of a plea of guilty or nolo 13 contendere to, any crime that is a felony under the laws of 14 the United States or any state or territory thereof or 15 that is a misdemeanor of which an essential element is 16 dishonesty, or any crime that is directly related to the 17 practice of the profession. 18 (2) Gross negligence in the rendering of clinical 19 psychological services. 20 (3) Using fraud or making any misrepresentation in 21 applying for a license or in passing the examination 22 provided for in this Act. 23 (4) Aiding or abetting or conspiring to aid or abet a 24 person, not a clinical psychologist licensed under this 25 Act, in representing himself or herself as so licensed or HB3243- 200 -LRB104 10408 AAS 20483 b 1 in applying for a license under this Act. 2 (5) Violation of any provision of this Act or the 3 rules promulgated thereunder. 4 (6) Professional connection or association with any 5 person, firm, association, partnership or corporation 6 holding himself, herself, themselves, or itself out in any 7 manner contrary to this Act. 8 (7) Unethical, unauthorized or unprofessional conduct 9 as defined by rule. In establishing those rules, the 10 Department shall consider, though is not bound by, the 11 ethical standards for psychologists promulgated by 12 recognized national psychology associations. 13 (8) Aiding or assisting another person in violating 14 any provisions of this Act or the rules promulgated 15 thereunder. 16 (9) Failing to provide, within 60 days, information in 17 response to a written request made by the Department. 18 (10) Habitual or excessive use or addiction to 19 alcohol, narcotics, stimulants, or any other chemical 20 agent or drug that results in a clinical psychologist's 21 inability to practice with reasonable judgment, skill or 22 safety. 23 (11) Discipline by another state, territory, the 24 District of Columbia or foreign country, if at least one 25 of the grounds for the discipline is the same or 26 substantially equivalent to those set forth herein. HB3243- 201 -LRB104 10408 AAS 20483 b 1 (12) Directly or indirectly giving or receiving from 2 any person, firm, corporation, association or partnership 3 any fee, commission, rebate, or other form of compensation 4 for any professional service not actually or personally 5 rendered. Nothing in this paragraph (12) affects any bona 6 fide independent contractor or employment arrangements 7 among health care professionals, health facilities, health 8 care providers, or other entities, except as otherwise 9 prohibited by law. Any employment arrangements may include 10 provisions for compensation, health insurance, pension, or 11 other employment benefits for the provision of services 12 within the scope of the licensee's practice under this 13 Act. Nothing in this paragraph (12) shall be construed to 14 require an employment arrangement to receive professional 15 fees for services rendered. 16 (13) A finding that the licensee, after having his or 17 her license placed on probationary status, has violated 18 the terms of probation. 19 (14) Willfully making or filing false records or 20 reports, including but not limited to, false records or 21 reports filed with State agencies or departments. 22 (15) Physical illness, including but not limited to, 23 deterioration through the aging process, mental illness or 24 disability that results in the inability to practice the 25 profession with reasonable judgment, skill and safety. 26 (16) Willfully failing to report an instance of HB3243- 202 -LRB104 10408 AAS 20483 b 1 suspected child abuse or neglect as required by the Abused 2 and Neglected Child Reporting Act. 3 (17) Being named as a perpetrator in an indicated 4 report by the Department of Children and Family Services 5 pursuant to the Abused and Neglected Child Reporting Act, 6 and upon proof by clear and convincing evidence that the 7 licensee has caused a child to be an abused child or 8 neglected child as defined in the Abused and Neglected 9 Child Reporting Act. 10 (18) Violation of the Health Care Worker Self-Referral 11 Act. 12 (19) Making a material misstatement in furnishing 13 information to the Department, any other State or federal 14 agency, or any other entity. 15 (20) Failing to report to the Department any adverse 16 judgment, settlement, or award arising from a liability 17 claim related to an act or conduct similar to an act or 18 conduct that would constitute grounds for action as set 19 forth in this Section. 20 (21) Failing to report to the Department any adverse 21 final action taken against a licensee or applicant by 22 another licensing jurisdiction, including any other state 23 or territory of the United States or any foreign state or 24 country, or any peer review body, health care institution, 25 professional society or association related to the 26 profession, governmental agency, law enforcement agency, HB3243- 203 -LRB104 10408 AAS 20483 b 1 or court for an act or conduct similar to an act or conduct 2 that would constitute grounds for disciplinary action as 3 set forth in this Section. 4 (22) Prescribing, selling, administering, 5 distributing, giving, or self-administering (A) any drug 6 classified as a controlled substance (designated product) 7 for other than medically accepted therapeutic purposes or 8 (B) any narcotic drug. 9 (23) Violating state or federal laws or regulations 10 relating to controlled substances, legend drugs, or 11 ephedra as defined in the Ephedra Prohibition Act. 12 (24) Exceeding the terms of a collaborative agreement 13 or the prescriptive authority delegated to a licensee by 14 his or her collaborating physician or established under a 15 written collaborative agreement. 16 The entry of an order by any circuit court establishing 17that any person holding a license under this Act is subject to 18involuntary admission or judicial admission as provided for in 19the Mental Health and Developmental Disabilities Code, 20operates as an automatic suspension of that license. That 21person may have his or her license restored only upon the 22determination by a circuit court that the patient is no longer 23subject to involuntary admission or judicial admission and the 24issuance of an order so finding and discharging the patient 25and upon the Board's recommendation to the Department that the 26license be restored. Where the circumstances so indicate, the HB3243- 204 -LRB104 10408 AAS 20483 b 1Board may recommend to the Department that it require an 2examination prior to restoring any license so automatically 3suspended. 4 The Department shall refuse to issue or suspend the 5license of any person who fails to file a return, or to pay the 6tax, penalty or interest shown in a filed return, or to pay any 7final assessment of the tax penalty or interest, as required 8by any tax Act administered by the Illinois Department of 9Revenue, until such time as the requirements of any such tax 10Act are satisfied. 11 In enforcing this Section, the Department or Board upon a 12showing of a possible violation may compel any person licensed 13to practice under this Act, or who has applied for licensure or 14certification pursuant to this Act, to submit to a mental or 15physical examination, or both, as required by and at the 16expense of the Department. The examining physicians or 17clinical psychologists shall be those specifically designated 18by the Department. The Board or the Department may order the 19examining physician or clinical psychologist to present 20testimony concerning this mental or physical examination of 21the licensee or applicant. No information shall be excluded by 22reason of any common law or statutory privilege relating to 23communications between the licensee or applicant and the 24examining physician or clinical psychologist. The person to be 25examined may have, at his or her own expense, another 26physician or clinical psychologist of his or her choice HB3243- 205 -LRB104 10408 AAS 20483 b 1present during all aspects of the examination. Failure of any 2person to submit to a mental or physical examination, when 3directed, shall be grounds for suspension of a license until 4the person submits to the examination if the Department or 5Board finds, after notice and hearing, that the refusal to 6submit to the examination was without reasonable cause. 7 If the Department or Board finds a person unable to 8practice because of the reasons set forth in this Section, the 9Department or Board may require that person to submit to care, 10counseling or treatment by physicians or clinical 11psychologists approved or designated by the Department, as a 12condition, term, or restriction for continued, reinstated, or 13renewed licensure to practice; or, in lieu of care, counseling 14or treatment, the Board may recommend to the Department to 15file or the Department may file a complaint to immediately 16suspend, revoke or otherwise discipline the license of the 17person. Any person whose license was granted, continued, 18reinstated, renewed, disciplined or supervised subject to such 19terms, conditions or restrictions, and who fails to comply 20with such terms, conditions or restrictions, shall be referred 21to the Secretary for a determination as to whether the person 22shall have his or her license suspended immediately, pending a 23hearing by the Board. 24 In instances in which the Secretary immediately suspends a 25person's license under this Section, a hearing on that 26person's license must be convened by the Board within 15 days HB3243- 206 -LRB104 10408 AAS 20483 b 1after the suspension and completed without appreciable delay. 2The Board shall have the authority to review the subject 3person's record of treatment and counseling regarding the 4impairment, to the extent permitted by applicable federal 5statutes and regulations safeguarding the confidentiality of 6medical records. 7 A person licensed under this Act and affected under this 8Section shall be afforded an opportunity to demonstrate to the 9Board that he or she can resume practice in compliance with 10acceptable and prevailing standards under the provisions of 11his or her license. 12 (b) The Department shall not revoke, suspend, place on 13probation, reprimand, refuse to issue or renew, or take any 14other disciplinary or non-disciplinary action against the 15license or permit issued under this Act based solely upon the 16licensed clinical psychologist recommending, aiding, 17assisting, referring for, or participating in any health care 18service, so long as the care was not unlawful under the laws of 19this State, regardless of whether the patient was a resident 20of this State or another state. 21 (c) The Department shall not revoke, suspend, place on 22prohibition, reprimand, refuse to issue or renew, or take any 23other disciplinary or non-disciplinary action against the 24license or permit issued under this Act to practice as a 25licensed clinical psychologist based upon the licensed 26clinical psychologist's license being revoked or suspended, or HB3243- 207 -LRB104 10408 AAS 20483 b 1the licensed clinical psychologist being otherwise disciplined 2by any other state, if that revocation, suspension, or other 3form of discipline was based solely on the licensed clinical 4psychologist violating another state's laws prohibiting the 5provision of, authorization of, recommendation of, aiding or 6assisting in, referring for, or participation in any health 7care service if that health care service as provided would not 8have been unlawful under the laws of this State and is 9consistent with the standards of conduct for a licensed 10clinical psychologist practicing in Illinois. 11 (d) The conduct specified in subsections (b) and (c) shall 12not constitute grounds for suspension under Section 21.6. 13 (e) The Department shall not revoke, suspend, summarily 14suspend, place on prohibition, reprimand, refuse to issue or 15renew, or take any other disciplinary or non-disciplinary 16action against the license or permit issued under this Act to 17practice as a licensed clinical psychologist based solely upon 18the license of a licensed clinical psychologist being revoked 19or the licensed clinical psychologist being otherwise 20disciplined by any other state or territory other than 21Illinois for the referral for or having otherwise participated 22in any health care service, if the revocation or disciplinary 23action was based solely on a violation of the other state's law 24prohibiting such health care services in the state, for a 25resident of the state, or in any other state. 26 (f) The Department may adopt rules to implement the HB3243- 208 -LRB104 10408 AAS 20483 b 1changes made by this amendatory Act of the 102nd General 2Assembly. 3(Source: P.A. 102-1117, eff. 1-13-23.) 4 Section 5-85. The Clinical Social Work and Social Work 5Practice Act is amended by changing Section 19 as follows: 6 (225 ILCS 20/19) 7 (Section scheduled to be repealed on January 1, 2028) 8 Sec. 19. Grounds for disciplinary action. 9 (1) The Department may refuse to issue or renew a license, 10or may suspend, revoke, place on probation, reprimand, or take 11any other disciplinary or non-disciplinary action deemed 12appropriate by the Department, including the imposition of 13fines not to exceed $10,000 for each violation, with regard to 14any license issued under the provisions of this Act for any one 15or a combination of the following grounds: 16 (a) material misstatements in furnishing information 17 to the Department or to any other State agency or in 18 furnishing information to any insurance company with 19 respect to a claim on behalf of a licensee or a patient; 20 (b) violations or negligent or intentional disregard 21 of this Act, or any of the rules promulgated hereunder; 22 (c) conviction of or entry of a plea of guilty or nolo 23 contendere, finding of guilt, jury verdict, or entry of 24 judgment or sentencing, including, but not limited to, HB3243- 209 -LRB104 10408 AAS 20483 b 1 convictions, preceding sentences of supervision, 2 conditional discharge, or first offender probation, under 3 the laws of any jurisdiction of the United States that is 4 (i) a felony or (ii) a misdemeanor, an essential element 5 of which is dishonesty, or that is directly related to the 6 practice of the clinical social work or social work 7 professions; 8 (d) fraud or misrepresentation in applying for or 9 procuring a license under this Act or in connection with 10 applying for renewal or restoration of a license under 11 this Act; 12 (e) professional incompetence; 13 (f) gross negligence in practice under this Act; 14 (g) aiding or assisting another person in violating 15 any provision of this Act or its rules; 16 (h) failing to provide information within 60 days in 17 response to a written request made by the Department; 18 (i) engaging in dishonorable, unethical or 19 unprofessional conduct of a character likely to deceive, 20 defraud or harm the public as defined by the rules of the 21 Department, or violating the rules of professional conduct 22 adopted by the Department; 23 (j) habitual or excessive use or abuse of drugs 24 defined in law as controlled substances, of alcohol, or of 25 any other substances that results in the inability to 26 practice with reasonable judgment, skill, or safety; HB3243- 210 -LRB104 10408 AAS 20483 b 1 (k) adverse action taken by another state or 2 jurisdiction, if at least one of the grounds for the 3 discipline is the same or substantially equivalent to 4 those set forth in this Section; 5 (l) directly or indirectly giving to or receiving from 6 any person, firm, corporation, partnership, or association 7 any fee, commission, rebate or other form of compensation 8 for any professional service not actually rendered. 9 Nothing in this paragraph (l) affects any bona fide 10 independent contractor or employment arrangements among 11 health care professionals, health facilities, health care 12 providers, or other entities, except as otherwise 13 prohibited by law. Any employment arrangements may include 14 provisions for compensation, health insurance, pension, or 15 other employment benefits for the provision of services 16 within the scope of the licensee's practice under this 17 Act. Nothing in this paragraph (l) shall be construed to 18 require an employment arrangement to receive professional 19 fees for services rendered; 20 (m) a finding by the Department that the licensee, 21 after having the license placed on probationary status, 22 has violated the terms of probation or failed to comply 23 with such terms; 24 (n) abandonment, without cause, of a client; 25 (o) willfully making or filing false records or 26 reports relating to a licensee's practice, including, but HB3243- 211 -LRB104 10408 AAS 20483 b 1 not limited to, false records filed with Federal or State 2 agencies or departments; 3 (p) willfully failing to report an instance of 4 suspected child abuse or neglect as required by the Abused 5 and Neglected Child Reporting Act; 6 (q) being named as a perpetrator in an indicated 7 report by the Department of Children and Family Services 8 under the Abused and Neglected Child Reporting Act, and 9 upon proof by clear and convincing evidence that the 10 licensee has caused a child to be an abused child or 11 neglected child as defined in the Abused and Neglected 12 Child Reporting Act; 13 (r) physical illness, mental illness, or any other 14 impairment or disability, including, but not limited to, 15 deterioration through the aging process, or loss of motor 16 skills that results in the inability to practice the 17 profession with reasonable judgment, skill or safety; 18 (s) solicitation of professional services by using 19 false or misleading advertising; 20 (t) violation of the Health Care Worker Self-Referral 21 Act; 22 (u) willfully failing to report an instance of 23 suspected abuse, neglect, financial exploitation, or 24 self-neglect of an eligible adult as defined in and 25 required by the Adult Protective Services Act; or 26 (v) being named as an abuser in a verified report by HB3243- 212 -LRB104 10408 AAS 20483 b 1 the Department on Aging under the Adult Protective 2 Services Act, and upon proof by clear and convincing 3 evidence that the licensee abused, neglected, or 4 financially exploited an eligible adult as defined in the 5 Adult Protective Services Act. 6 (2) (Blank). 7 (3) The determination by a court that a licensee is 8subject to involuntary admission or judicial admission as 9provided in the Mental Health and Developmental Disabilities 10Code, will result in an automatic suspension of the licensee's 11license. Such suspension will end upon a finding by a court 12that the licensee is no longer subject to involuntary 13admission or judicial admission and issues an order so finding 14and discharging the patient, and upon the recommendation of 15the Board to the Secretary that the licensee be allowed to 16resume professional practice. 17 (4) The Department shall refuse to issue or renew or may 18suspend the license of a person who (i) fails to file a return, 19pay the tax, penalty, or interest shown in a filed return, or 20pay any final assessment of tax, penalty, or interest, as 21required by any tax Act administered by the Department of 22Revenue, until the requirements of the tax Act are satisfied 23or (ii) has failed to pay any court-ordered child support as 24determined by a court order or by referral from the Department 25of Healthcare and Family Services. 26 (4.5) The Department shall not revoke, suspend, summarily HB3243- 213 -LRB104 10408 AAS 20483 b 1suspend, place on prohibition, reprimand, refuse to issue or 2renew, or take any other disciplinary or non-disciplinary 3action against a license or permit issued under this Act based 4solely upon the licensed clinical social worker authorizing, 5recommending, aiding, assisting, referring for, or otherwise 6participating in any health care service, so long as the care 7was not unlawful under the laws of this State, regardless of 8whether the patient was a resident of this State or another 9state. 10 (4.10) The Department shall not revoke, suspend, summarily 11suspend, place on prohibition, reprimand, refuse to issue or 12renew, or take any other disciplinary or non-disciplinary 13action against the license or permit issued under this Act to 14practice as a licensed clinical social worker based upon the 15licensed clinical social worker's license being revoked or 16suspended, or the licensed clinical social worker being 17otherwise disciplined by any other state, if that revocation, 18suspension, or other form of discipline was based solely on 19the licensed clinical social worker violating another state's 20laws prohibiting the provision of, authorization of, 21recommendation of, aiding or assisting in, referring for, or 22participation in any health care service if that health care 23service as provided would not have been unlawful under the 24laws of this State and is consistent with the standards of 25conduct for a licensed clinical social worker practicing in 26Illinois. HB3243- 214 -LRB104 10408 AAS 20483 b 1 (4.15) The conduct specified in subsection (4.5), (4.10), 2(4.25), or (4.30) shall not constitute grounds for suspension 3under Section 32. 4 (4.20) An applicant seeking licensure, certification, or 5authorization pursuant to this Act who has been subject to 6disciplinary action by a duly authorized professional 7disciplinary agency of another jurisdiction solely on the 8basis of having authorized, recommended, aided, assisted, 9referred for, or otherwise participated in health care shall 10not be denied such licensure, certification, or authorization, 11unless the Department determines that such action would have 12constituted professional misconduct in this State; however, 13nothing in this Section shall be construed as prohibiting the 14Department from evaluating the conduct of such applicant and 15making a determination regarding the licensure, certification, 16or authorization to practice a profession under this Act. 17 (4.5) (4.25) The Department may not revoke, suspend, 18summarily suspend, place on prohibition, reprimand, refuse to 19issue or renew, or take any other disciplinary or 20non-disciplinary action against a license or permit issued 21under this Act based solely upon an immigration violation by 22the licensed clinical social worker. 23 (4.10) (4.30) The Department may not revoke, suspend, 24summarily suspend, place on prohibition, reprimand, refuse to 25issue or renew, or take any other disciplinary or 26non-disciplinary action against the license or permit issued HB3243- 215 -LRB104 10408 AAS 20483 b 1under this Act to practice as a licensed clinical social 2worker based upon the licensed clinical social worker's 3license being revoked or suspended, or the licensed clinical 4social worker being otherwise disciplined by any other state, 5if that revocation, suspension, or other form of discipline 6was based solely upon an immigration violation by the licensed 7clinical social worker. 8 (5)(a) In enforcing this Section, the Department or Board, 9upon a showing of a possible violation, may compel a person 10licensed to practice under this Act, or who has applied for 11licensure under this Act, to submit to a mental or physical 12examination, or both, which may include a substance abuse or 13sexual offender evaluation, as required by and at the expense 14of the Department. 15 (b) The Department shall specifically designate the 16examining physician licensed to practice medicine in all of 17its branches or, if applicable, the multidisciplinary team 18involved in providing the mental or physical examination or 19both. The multidisciplinary team shall be led by a physician 20licensed to practice medicine in all of its branches and may 21consist of one or more or a combination of physicians licensed 22to practice medicine in all of its branches, licensed clinical 23psychologists, licensed clinical social workers, licensed 24clinical professional counselors, and other professional and 25administrative staff. Any examining physician or member of the 26multidisciplinary team may require any person ordered to HB3243- 216 -LRB104 10408 AAS 20483 b 1submit to an examination pursuant to this Section to submit to 2any additional supplemental testing deemed necessary to 3complete any examination or evaluation process, including, but 4not limited to, blood testing, urinalysis, psychological 5testing, or neuropsychological testing. 6 (c) The Board or the Department may order the examining 7physician or any member of the multidisciplinary team to 8present testimony concerning this mental or physical 9examination of the licensee or applicant. No information, 10report, record, or other documents in any way related to the 11examination shall be excluded by reason of any common law or 12statutory privilege relating to communications between the 13licensee or applicant and the examining physician or any 14member of the multidisciplinary team. No authorization is 15necessary from the licensee or applicant ordered to undergo an 16examination for the examining physician or any member of the 17multidisciplinary team to provide information, reports, 18records, or other documents or to provide any testimony 19regarding the examination and evaluation. 20 (d) The person to be examined may have, at the person's own 21expense, another physician of the person's choice present 22during all aspects of the examination. However, that physician 23shall be present only to observe and may not interfere in any 24way with the examination. 25 (e) Failure of any person to submit to a mental or physical 26examination without reasonable cause, when ordered, shall HB3243- 217 -LRB104 10408 AAS 20483 b 1result in an automatic suspension of the person's license 2until the person submits to the examination. 3 (f) If the Department or Board finds a person unable to 4practice because of the reasons set forth in this Section, the 5Department or Board may require that person to submit to care, 6counseling, or treatment by physicians approved or designated 7by the Department or Board, as a condition, term, or 8restriction for continued, reinstated, or renewed licensure to 9practice; or, in lieu of care, counseling or treatment, the 10Department may file, or the Board may recommend to the 11Department to file, a complaint to immediately suspend, 12revoke, or otherwise discipline the license of the person. Any 13person whose license was granted, continued, reinstated, 14renewed, disciplined or supervised subject to such terms, 15conditions or restrictions, and who fails to comply with such 16terms, conditions, or restrictions, shall be referred to the 17Secretary for a determination as to whether the person's 18license shall be suspended immediately, pending a hearing by 19the Department. 20 (g) All fines imposed shall be paid within 60 days after 21the effective date of the order imposing the fine or in 22accordance with the terms set forth in the order imposing the 23fine. 24 In instances in which the Secretary immediately suspends a 25person's license under this Section, a hearing on that 26person's license must be convened by the Department within 30 HB3243- 218 -LRB104 10408 AAS 20483 b 1days after the suspension and completed without appreciable 2delay. The Department and Board shall have the authority to 3review the subject person's record of treatment and counseling 4regarding the impairment, to the extent permitted by 5applicable federal statutes and regulations safeguarding the 6confidentiality of medical records. 7 A person licensed under this Act and affected under this 8Section shall be afforded an opportunity to demonstrate to the 9Department or Board that the person can resume practice in 10compliance with acceptable and prevailing standards under the 11provisions of the person's license. 12 (h) The Department may adopt rules to implement the 13changes made by this amendatory Act of the 102nd General 14Assembly. 15(Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25; 16103-1048, eff. 1-1-25; revised 11-26-24.) 17 Section 5-90. The Marriage and Family Therapy Licensing 18Act is amended by changing Section 85 as follows: 19 (225 ILCS 55/85) (from Ch. 111, par. 8351-85) 20 (Section scheduled to be repealed on January 1, 2027) 21 Sec. 85. Refusal, revocation, or suspension. 22 (a) The Department may refuse to issue or renew a license, 23or may revoke, suspend, reprimand, place on probation, or take 24any other disciplinary or non-disciplinary action as the HB3243- 219 -LRB104 10408 AAS 20483 b 1Department may deem proper, including the imposition of fines 2not to exceed $10,000 for each violation, with regard to any 3license issued under the provisions of this Act for any one or 4combination of the following grounds: 5 (1) Material misstatement in furnishing information to 6 the Department. 7 (2) Violation of any provision of this Act or its 8 rules. 9 (3) Conviction of or entry of a plea of guilty or nolo 10 contendere, finding of guilt, jury verdict, or entry of 11 judgment or sentencing, including, but not limited to, 12 convictions, preceding sentences of supervision, 13 conditional discharge, or first offender probation, under 14 the laws of any jurisdiction of the United States that is 15 (i) a felony or (ii) a misdemeanor, an essential element 16 of which is dishonesty or that is directly related to the 17 practice of the profession. 18 (4) Fraud or misrepresentation in applying for or 19 procuring a license under this Act or in connection with 20 applying for renewal or restoration of a license under 21 this Act or its rules. 22 (5) Professional incompetence. 23 (6) Gross negligence in practice under this Act. 24 (7) Aiding or assisting another person in violating 25 any provision of this Act or its rules. 26 (8) Failing, within 60 days, to provide information in HB3243- 220 -LRB104 10408 AAS 20483 b 1 response to a written request made by the Department. 2 (9) Engaging in dishonorable, unethical, or 3 unprofessional conduct of a character likely to deceive, 4 defraud or harm the public as defined by the rules of the 5 Department, or violating the rules of professional conduct 6 adopted by the Department. 7 (10) Habitual or excessive use or abuse of drugs 8 defined in law as controlled substances, of alcohol, or 9 any other substance that results in the inability to 10 practice with reasonable judgment, skill, or safety. 11 (11) Discipline by another jurisdiction if at least 12 one of the grounds for the discipline is the same or 13 substantially equivalent to those set forth in this Act. 14 (12) Directly or indirectly giving to or receiving 15 from any person, firm, corporation, partnership, or 16 association any fee, commission, rebate, or other form of 17 compensation for any professional services not actually or 18 personally rendered. Nothing in this paragraph (12) 19 affects any bona fide independent contractor or employment 20 arrangements among health care professionals, health 21 facilities, health care providers, or other entities, 22 except as otherwise prohibited by law. Any employment 23 arrangements may include provisions for compensation, 24 health insurance, pension, or other employment benefits 25 for the provision of services within the scope of the 26 licensee's practice under this Act. Nothing in this HB3243- 221 -LRB104 10408 AAS 20483 b 1 paragraph (12) shall be construed to require an employment 2 arrangement to receive professional fees for services 3 rendered. 4 (13) A finding by the Department that the licensee, 5 after having his or her license placed on probationary 6 status, has violated the terms of probation or failed to 7 comply with the terms. 8 (14) Abandonment of a patient without cause. 9 (15) Willfully making or filing false records or 10 reports relating to a licensee's practice, including but 11 not limited to false records filed with State agencies or 12 departments. 13 (16) Willfully failing to report an instance of 14 suspected child abuse or neglect as required by the Abused 15 and Neglected Child Reporting Act. 16 (17) Being named as a perpetrator in an indicated 17 report by the Department of Children and Family Services 18 under the Abused and Neglected Child Reporting Act and 19 upon proof by clear and convincing evidence that the 20 licensee has caused a child to be an abused child or 21 neglected child as defined in the Abused and Neglected 22 Child Reporting Act. 23 (18) Physical illness or mental illness or impairment, 24 including, but not limited to, deterioration through the 25 aging process or loss of motor skill that results in the 26 inability to practice the profession with reasonable HB3243- 222 -LRB104 10408 AAS 20483 b 1 judgment, skill, or safety. 2 (19) Solicitation of professional services by using 3 false or misleading advertising. 4 (20) A pattern of practice or other behavior that 5 demonstrates incapacity or incompetence to practice under 6 this Act. 7 (21) Practicing under a false or assumed name, except 8 as provided by law. 9 (22) Gross, willful, and continued overcharging for 10 professional services, including filing false statements 11 for collection of fees or moneys for which services are 12 not rendered. 13 (23) Failure to establish and maintain records of 14 patient care and treatment as required by law. 15 (24) Cheating on or attempting to subvert the 16 licensing examinations administered under this Act. 17 (25) Willfully failing to report an instance of 18 suspected abuse, neglect, financial exploitation, or 19 self-neglect of an eligible adult as defined in and 20 required by the Adult Protective Services Act. 21 (26) Being named as an abuser in a verified report by 22 the Department on Aging and under the Adult Protective 23 Services Act and upon proof by clear and convincing 24 evidence that the licensee abused, neglected, or 25 financially exploited an eligible adult as defined in the 26 Adult Protective Services Act. HB3243- 223 -LRB104 10408 AAS 20483 b 1 (b) (Blank). 2 (c) The determination by a circuit court that a licensee 3is subject to involuntary admission or judicial admission, as 4provided in the Mental Health and Developmental Disabilities 5Code, operates as an automatic suspension. The suspension will 6terminate only upon a finding by a court that the patient is no 7longer subject to involuntary admission or judicial admission 8and the issuance of an order so finding and discharging the 9patient, and upon the recommendation of the Board to the 10Secretary that the licensee be allowed to resume his or her 11practice as a licensed marriage and family therapist or an 12associate licensed marriage and family therapist. 13 (d) The Department shall refuse to issue or may suspend 14the license of any person who fails to file a return, pay the 15tax, penalty, or interest shown in a filed return or pay any 16final assessment of tax, penalty, or interest, as required by 17any tax Act administered by the Illinois Department of 18Revenue, until the time the requirements of the tax Act are 19satisfied. 20 (d-5) The Department shall not revoke, suspend, summarily 21suspend, place on prohibition, reprimand, refuse to issue or 22renew, or take any other disciplinary or non-disciplinary 23action against the license or permit issued under this Act to 24practice as a marriage and family therapist or associate 25licensed marriage and family therapist based solely upon the 26marriage and family therapist or associate licensed marriage HB3243- 224 -LRB104 10408 AAS 20483 b 1and family therapist authorizing, recommending, aiding, 2assisting, referring for, or otherwise participating in any 3health care service, so long as the care was not Unlawful under 4the laws of this State, regardless of whether the patient was a 5resident of this State or another state. 6 (d-10) The Department shall not revoke, suspend, summarily 7suspend, place on prohibition, reprimand, refuse to issue or 8renew, or take any other disciplinary or non-disciplinary 9action against the license or permit issued under this Act to 10practice as a marriage and family therapist or associate 11licensed marriage and family therapist based upon the marriage 12and family therapist's or associate licensed marriage and 13family therapist's license being revoked or suspended, or the 14marriage and family therapist or associate licensed marriage 15and family therapist being otherwise disciplined by any other 16state, if that revocation, suspension, or other form of 17discipline was based solely on the marriage and family 18therapist or associate licensed marriage and family therapist 19violating another state's laws prohibiting the provision of, 20authorization of, recommendation of, aiding or assisting in, 21referring for, or participation in any health care service if 22that health care service as provided would not have been 23unlawful under the laws of this State and is consistent with 24the standards of conduct for a marriage and family therapist 25or an associate licensed marriage and family therapist 26practicing in Illinois. HB3243- 225 -LRB104 10408 AAS 20483 b 1 (d-15) The conduct specified in subsection (d-5), (d-10), 2(d-25), or (d-30) shall not constitute grounds for suspension 3under Section 145. 4 (d-20) An applicant seeking licensure, certification, or 5authorization pursuant to this Act who has been subject to 6disciplinary action by a duly authorized professional 7disciplinary agency of another jurisdiction solely on the 8basis of having authorized, recommended, aided, assisted, 9referred for, or otherwise participated in health care shall 10not be denied such licensure, certification, or authorization, 11unless the Department determines that such action would have 12constituted professional misconduct in this State; however, 13nothing in this Section shall be construed as prohibiting the 14Department from evaluating the conduct of such applicant and 15making a determination regarding the licensure, certification, 16or authorization to practice a profession under this Act. 17 (d-5) (d-25) The Department may not revoke, suspend, 18summarily suspend, place on prohibition, reprimand, refuse to 19issue or renew, or take any other disciplinary or 20non-disciplinary action against the license or permit issued 21under this Act to practice as a marriage and family therapist 22or associate licensed marriage and family therapist based 23solely upon an immigration violation by the marriage and 24family therapist or associate licensed marriage and family 25therapist. 26 (d-10) (d-30) The Department may not revoke, suspend, HB3243- 226 -LRB104 10408 AAS 20483 b 1summarily suspend, place on prohibition, reprimand, refuse to 2issue or renew, or take any other disciplinary or 3non-disciplinary action against the license or permit issued 4under this Act to practice as a marriage and family therapist 5or associate licensed marriage and family therapist based upon 6the marriage and family therapist's or associate licensed 7marriage and family therapist's license being revoked or 8suspended, or the marriage and family therapist or associate 9licensed marriage and family therapist being otherwise 10disciplined by any other state, if that revocation, 11suspension, or other form of discipline was based solely upon 12an immigration violation by the marriage and family therapist 13or associate licensed marriage and family therapist. 14 (e) In enforcing this Section, the Department or Board 15upon a showing of a possible violation may compel an 16individual licensed to practice under this Act, or who has 17applied for licensure under this Act, to submit to a mental or 18physical examination, or both, which may include a substance 19abuse or sexual offender evaluation, as required by and at the 20expense of the Department. 21 The Department shall specifically designate the examining 22physician licensed to practice medicine in all of its branches 23or, if applicable, the multidisciplinary team involved in 24providing the mental or physical examination or both. The 25multidisciplinary team shall be led by a physician licensed to 26practice medicine in all of its branches and may consist of one HB3243- 227 -LRB104 10408 AAS 20483 b 1or more or a combination of physicians licensed to practice 2medicine in all of its branches, licensed clinical 3psychologists, licensed clinical social workers, licensed 4clinical professional counselors, licensed marriage and family 5therapists, and other professional and administrative staff. 6Any examining physician or member of the multidisciplinary 7team may require any person ordered to submit to an 8examination and evaluation pursuant to this Section to submit 9to any additional supplemental testing deemed necessary to 10complete any examination or evaluation process, including, but 11not limited to, blood testing, urinalysis, psychological 12testing, or neuropsychological testing. 13 The Department may order the examining physician or any 14member of the multidisciplinary team to provide to the 15Department any and all records, including business records, 16that relate to the examination and evaluation, including any 17supplemental testing performed. 18 The Department or Board may order the examining physician 19or any member of the multidisciplinary team to present 20testimony concerning the mental or physical examination of the 21licensee or applicant. No information, report, record, or 22other documents in any way related to the examination shall be 23excluded by reason of any common law or statutory privilege 24relating to communications between the licensee or applicant 25and the examining physician or any member of the 26multidisciplinary team. No authorization is necessary from the HB3243- 228 -LRB104 10408 AAS 20483 b 1licensee or applicant ordered to undergo an examination for 2the examining physician or any member of the multidisciplinary 3team to provide information, reports, records, or other 4documents or to provide any testimony regarding the 5examination and evaluation. 6 The individual to be examined may have, at his or her own 7expense, another physician of his or her choice present during 8all aspects of this examination. However, that physician shall 9be present only to observe and may not interfere in any way 10with the examination. 11 Failure of an individual to submit to a mental or physical 12examination, when ordered, shall result in an automatic 13suspension of his or her license until the individual submits 14to the examination. 15 If the Department or Board finds an individual unable to 16practice because of the reasons set forth in this Section, the 17Department or Board may require that individual to submit to 18care, counseling, or treatment by physicians approved or 19designated by the Department or Board, as a condition, term, 20or restriction for continued, reinstated, or renewed licensure 21to practice; or, in lieu of care, counseling, or treatment, 22the Department may file, or the Board may recommend to the 23Department to file, a complaint to immediately suspend, 24revoke, or otherwise discipline the license of the individual. 25An individual whose license was granted, continued, 26reinstated, renewed, disciplined or supervised subject to such HB3243- 229 -LRB104 10408 AAS 20483 b 1terms, conditions, or restrictions, and who fails to comply 2with such terms, conditions, or restrictions, shall be 3referred to the Secretary for a determination as to whether 4the individual shall have his or her license suspended 5immediately, pending a hearing by the Department. 6 In instances in which the Secretary immediately suspends a 7person's license under this Section, a hearing on that 8person's license must be convened by the Department within 30 9days after the suspension and completed without appreciable 10delay. The Department and Board shall have the authority to 11review the subject individual's record of treatment and 12counseling regarding the impairment to the extent permitted by 13applicable federal statutes and regulations safeguarding the 14confidentiality of medical records. 15 An individual licensed under this Act and affected under 16this Section shall be afforded an opportunity to demonstrate 17to the Department or Board that he or she can resume practice 18in compliance with acceptable and prevailing standards under 19the provisions of his or her license. 20 (f) A fine shall be paid within 60 days after the effective 21date of the order imposing the fine or in accordance with the 22terms set forth in the order imposing the fine. 23 (g) The Department may adopt rules to implement the 24changes made by this amendatory Act of the 102nd General 25Assembly. 26(Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25.) HB3243- 230 -LRB104 10408 AAS 20483 b 1 Section 5-95. The Medical Practice Act of 1987 is amended 2by changing Sections 2, 22, 23, 36, and 49.5 as follows: 3 (225 ILCS 60/2) (from Ch. 111, par. 4400-2) 4 (Section scheduled to be repealed on January 1, 2027) 5 Sec. 2. Definitions. For purposes of this Act, the 6following definitions shall have the following meanings, 7except where the context requires otherwise: 8 "Act" means the Medical Practice Act of 1987. 9 "Address of record" means the designated address recorded 10by the Department in the applicant's or licensee's application 11file or license file as maintained by the Department's 12licensure maintenance unit. 13 "Chiropractic physician" means a person licensed to treat 14human ailments without the use of drugs and without operative 15surgery. Nothing in this Act shall be construed to prohibit a 16chiropractic physician from providing advice regarding the use 17of non-prescription products or from administering atmospheric 18oxygen. Nothing in this Act shall be construed to authorize a 19chiropractic physician to prescribe drugs. 20 "Department" means the Department of Financial and 21Professional Regulation. 22 "Disciplinary action" means revocation, suspension, 23probation, supervision, practice modification, reprimand, 24required education, fines or any other action taken by the HB3243- 231 -LRB104 10408 AAS 20483 b 1Department against a person holding a license. 2 "Email address of record" means the designated email 3address recorded by the Department in the applicant's 4application file or the licensee's license file, as maintained 5by the Department's licensure maintenance unit. 6 "Final determination" means the governing body's final 7action taken under the procedure followed by a health care 8institution, or professional association or society, against 9any person licensed under the Act in accordance with the 10bylaws or rules and regulations of such health care 11institution, or professional association or society. 12 "Fund" means the Illinois State Medical Disciplinary Fund. 13 "Impaired" means the inability to practice medicine with 14reasonable skill and safety due to physical or mental 15disabilities as evidenced by a written determination or 16written consent based on clinical evidence including 17deterioration through the aging process or loss of motor 18skill, or abuse of drugs or alcohol, of sufficient degree to 19diminish a person's ability to deliver competent patient care. 20 "International medical graduate" means a medical graduate 21(i) who has been trained in a country other than the United 22States; (ii) whose education has been certified by the 23Educational Commission for Foreign Medical Graduates; (iii) 24who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of 25the United States Medical Licensing Examination as required by 26this Act; (iv) who maintains an unencumbered license from HB3243- 232 -LRB104 10408 AAS 20483 b 1another country; and (v) who is not licensed to practice 2medicine in any state or territory of the United States. 3 "Medical Board" means the Illinois State Medical Board. 4 "Physician" means a person licensed under the Medical 5Practice Act to practice medicine in all of its branches or a 6chiropractic physician. 7 "Professional association" means an association or society 8of persons licensed under this Act, and operating within the 9State of Illinois, including but not limited to, medical 10societies, osteopathic organizations, and chiropractic 11organizations, but this term shall not be deemed to include 12hospital medical staffs. 13 "Program of care, counseling, or treatment" means a 14written schedule of organized treatment, care, counseling, 15activities, or education, satisfactory to the Medical Board, 16designed for the purpose of restoring an impaired person to a 17condition whereby the impaired person can practice medicine 18with reasonable skill and safety of a sufficient degree to 19deliver competent patient care. 20 "Reinstate" means to change the status of a license or 21permit from inactive or nonrenewed status to active status. 22 "Restore" means to remove an encumbrance from a license 23due to probation, suspension, or revocation. 24 "Secretary" means the Secretary of Financial and 25Professional Regulation. 26(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23; HB3243- 233 -LRB104 10408 AAS 20483 b 1103-1, eff. 4-27-23.) 2 (225 ILCS 60/22) (from Ch. 111, par. 4400-22) 3 (Section scheduled to be repealed on January 1, 2027) 4 Sec. 22. Disciplinary action. 5 (A) The Department may revoke, suspend, place on 6probation, reprimand, refuse to issue or renew, or take any 7other disciplinary or non-disciplinary action as the 8Department may deem proper with regard to the license or 9permit of any person issued under this Act, including imposing 10fines not to exceed $10,000 for each violation, upon any of the 11following grounds: 12 (1) Performance of an elective abortion in any place, 13 locale, facility, or institution other than: (Blank). 14 (a) a facility licensed pursuant to the Ambulatory 15 Surgical Treatment Center Act; 16 (b) an institution licensed under the Hospital 17 Licensing Act; 18 (c) an ambulatory surgical treatment center or 19 hospitalization or care facility maintained by the 20 State or any agency thereof, where such department or 21 agency has authority under law to establish and 22 enforce standards for the ambulatory surgical 23 treatment centers, hospitalization, or care facilities 24 under its management and control; 25 (d) ambulatory surgical treatment centers, HB3243- 234 -LRB104 10408 AAS 20483 b 1 hospitalization, or care facilities maintained by the 2 Federal Government; or 3 (e) ambulatory surgical treatment centers, 4 hospitalization, or care facilities maintained by any 5 university or college established under the laws of 6 this State and supported principally by public funds 7 raised by taxation. 8 (2) Performance of an abortion procedure in a willful 9 and wanton manner on a woman who was not pregnant at the 10 time the abortion procedure was performed. (Blank). 11 (3) A plea of guilty or nolo contendere, finding of 12 guilt, jury verdict, or entry of judgment or sentencing, 13 including, but not limited to, convictions, preceding 14 sentences of supervision, conditional discharge, or first 15 offender probation, under the laws of any jurisdiction of 16 the United States of any crime that is a felony. 17 (4) Gross negligence in practice under this Act. 18 (5) Engaging in dishonorable, unethical, or 19 unprofessional conduct of a character likely to deceive, 20 defraud, or harm the public. 21 (6) Obtaining any fee by fraud, deceit, or 22 misrepresentation. 23 (7) Habitual or excessive use or abuse of drugs 24 defined in law as controlled substances, of alcohol, or of 25 any other substances which results in the inability to 26 practice with reasonable judgment, skill, or safety. HB3243- 235 -LRB104 10408 AAS 20483 b 1 (8) Practicing under a false or, except as provided by 2 law, an assumed name. 3 (9) Fraud or misrepresentation in applying for, or 4 procuring, a license under this Act or in connection with 5 applying for renewal of a license under this Act. 6 (10) Making a false or misleading statement regarding 7 their skill or the efficacy or value of the medicine, 8 treatment, or remedy prescribed by them at their direction 9 in the treatment of any disease or other condition of the 10 body or mind. 11 (11) Allowing another person or organization to use 12 their license, procured under this Act, to practice. 13 (12) Adverse action taken by another state or 14 jurisdiction against a license or other authorization to 15 practice as a medical doctor, doctor of osteopathy, doctor 16 of osteopathic medicine, or doctor of chiropractic, a 17 certified copy of the record of the action taken by the 18 other state or jurisdiction being prima facie evidence 19 thereof. This includes any adverse action taken by a State 20 or federal agency that prohibits a medical doctor, doctor 21 of osteopathy, doctor of osteopathic medicine, or doctor 22 of chiropractic from providing services to the agency's 23 participants. 24 (13) Violation of any provision of this Act or of the 25 Medical Practice Act prior to the repeal of that Act, or 26 violation of the rules, or a final administrative action HB3243- 236 -LRB104 10408 AAS 20483 b 1 of the Secretary, after consideration of the 2 recommendation of the Medical Board. 3 (14) Violation of the prohibition against fee 4 splitting in Section 22.2 of this Act. 5 (15) A finding by the Medical Board that the 6 registrant after having his or her license placed on 7 probationary status or subjected to conditions or 8 restrictions violated the terms of the probation or failed 9 to comply with such terms or conditions. 10 (16) Abandonment of a patient. 11 (17) Prescribing, selling, administering, 12 distributing, giving, or self-administering any drug 13 classified as a controlled substance (designated product) 14 or narcotic for other than medically accepted therapeutic 15 purposes. 16 (18) Promotion of the sale of drugs, devices, 17 appliances, or goods provided for a patient in such manner 18 as to exploit the patient for financial gain of the 19 physician. 20 (19) Offering, undertaking, or agreeing to cure or 21 treat disease by a secret method, procedure, treatment, or 22 medicine, or the treating, operating, or prescribing for 23 any human condition by a method, means, or procedure which 24 the licensee refuses to divulge upon demand of the 25 Department. 26 (20) Immoral conduct in the commission of any act, HB3243- 237 -LRB104 10408 AAS 20483 b 1 including, but not limited to, commission of an act of 2 sexual misconduct related to the licensee's practice. 3 (21) Willfully making or filing false records or 4 reports in his or her practice as a physician, including, 5 but not limited to, false records to support claims 6 against the medical assistance program of the Department 7 of Healthcare and Family Services (formerly Department of 8 Public Aid) under the Illinois Public Aid Code. 9 (22) Willful omission to file or record, or willfully 10 impeding the filing or recording, or inducing another 11 person to omit to file or record, medical reports as 12 required by law, or willfully failing to report an 13 instance of suspected abuse or neglect as required by law. 14 (23) Being named as a perpetrator in an indicated 15 report by the Department of Children and Family Services 16 under the Abused and Neglected Child Reporting Act, and 17 upon proof by clear and convincing evidence that the 18 licensee has caused a child to be an abused child or 19 neglected child as defined in the Abused and Neglected 20 Child Reporting Act. 21 (24) Solicitation of professional patronage by any 22 corporation, agents, or persons, or profiting from those 23 representing themselves to be agents of the licensee. 24 (25) Gross and willful and continued overcharging for 25 professional services, including filing false statements 26 for collection of fees for which services are not HB3243- 238 -LRB104 10408 AAS 20483 b 1 rendered, including, but not limited to, filing such false 2 statements for collection of monies for services not 3 rendered from the medical assistance program of the 4 Department of Healthcare and Family Services (formerly 5 Department of Public Aid) under the Illinois Public Aid 6 Code. 7 (26) A pattern of practice or other behavior which 8 demonstrates incapacity or incompetence to practice under 9 this Act. 10 (27) Mental illness or disability which results in the 11 inability to practice under this Act with reasonable 12 judgment, skill, or safety. 13 (28) Physical illness, including, but not limited to, 14 deterioration through the aging process, or loss of motor 15 skill which results in a physician's inability to practice 16 under this Act with reasonable judgment, skill, or safety. 17 (29) Cheating on or attempting to subvert the 18 licensing examinations administered under this Act. 19 (30) Willfully or negligently violating the 20 confidentiality between physician and patient except as 21 required by law. 22 (31) The use of any false, fraudulent, or deceptive 23 statement in any document connected with practice under 24 this Act. 25 (32) Aiding and abetting an individual not licensed 26 under this Act in the practice of a profession licensed HB3243- 239 -LRB104 10408 AAS 20483 b 1 under this Act. 2 (33) Violating state State or federal laws or 3 regulations relating to controlled substances, legend 4 drugs, or ephedra as defined in the Ephedra Prohibition 5 Act. 6 (34) Failure to report to the Department any adverse 7 final action taken against them by another licensing 8 jurisdiction (any other state or any territory of the 9 United States or any foreign state or country), by any 10 peer review body, by any health care institution, by any 11 professional society or association related to practice 12 under this Act, by any governmental agency, by any law 13 enforcement agency, or by any court for acts or conduct 14 similar to acts or conduct which would constitute grounds 15 for action as defined in this Section. 16 (35) Failure to report to the Department surrender of 17 a license or authorization to practice as a medical 18 doctor, a doctor of osteopathy, a doctor of osteopathic 19 medicine, or doctor of chiropractic in another state or 20 jurisdiction, or surrender of membership on any medical 21 staff or in any medical or professional association or 22 society, while under disciplinary investigation by any of 23 those authorities or bodies, for acts or conduct similar 24 to acts or conduct which would constitute grounds for 25 action as defined in this Section. 26 (36) Failure to report to the Department any adverse HB3243- 240 -LRB104 10408 AAS 20483 b 1 judgment, settlement, or award arising from a liability 2 claim related to acts or conduct similar to acts or 3 conduct which would constitute grounds for action as 4 defined in this Section. 5 (37) Failure to provide copies of medical records as 6 required by law. 7 (38) Failure to furnish the Department, its 8 investigators or representatives, relevant information, 9 legally requested by the Department after consultation 10 with the Chief Medical Coordinator or the Deputy Medical 11 Coordinator. 12 (39) Violating the Health Care Worker Self-Referral 13 Act. 14 (40) Willful failure to provide notice when notice is 15 required under the Parental Notice of Abortion Act of 16 2025. (Blank). 17 (41) Failure to establish and maintain records of 18 patient care and treatment as required by this law. 19 (42) Entering into an excessive number of written 20 collaborative agreements with licensed advanced practice 21 registered nurses resulting in an inability to adequately 22 collaborate. 23 (43) Repeated failure to adequately collaborate with a 24 licensed advanced practice registered nurse. 25 (44) Violating the Compassionate Use of Medical 26 Cannabis Program Act. HB3243- 241 -LRB104 10408 AAS 20483 b 1 (45) Entering into an excessive number of written 2 collaborative agreements with licensed prescribing 3 psychologists resulting in an inability to adequately 4 collaborate. 5 (46) Repeated failure to adequately collaborate with a 6 licensed prescribing psychologist. 7 (47) Willfully failing to report an instance of 8 suspected abuse, neglect, financial exploitation, or 9 self-neglect of an eligible adult as defined in and 10 required by the Adult Protective Services Act. 11 (48) Being named as an abuser in a verified report by 12 the Department on Aging under the Adult Protective 13 Services Act, and upon proof by clear and convincing 14 evidence that the licensee abused, neglected, or 15 financially exploited an eligible adult as defined in the 16 Adult Protective Services Act. 17 (49) Entering into an excessive number of written 18 collaborative agreements with licensed physician 19 assistants resulting in an inability to adequately 20 collaborate. 21 (50) Repeated failure to adequately collaborate with a 22 physician assistant. 23 Except for actions involving the ground numbered (26), all 24proceedings to suspend, revoke, place on probationary status, 25or take any other disciplinary action as the Department may 26deem proper, with regard to a license on any of the foregoing HB3243- 242 -LRB104 10408 AAS 20483 b 1grounds, must be commenced within 5 years next after receipt 2by the Department of a complaint alleging the commission of or 3notice of the conviction order for any of the acts described 4herein. Except for the grounds numbered (8), (9), (26), and 5(29), no action shall be commenced more than 10 years after the 6date of the incident or act alleged to have violated this 7Section. For actions involving the ground numbered (26), a 8pattern of practice or other behavior includes all incidents 9alleged to be part of the pattern of practice or other behavior 10that occurred, or a report pursuant to Section 23 of this Act 11received, within the 10-year period preceding the filing of 12the complaint. In the event of the settlement of any claim or 13cause of action in favor of the claimant or the reduction to 14final judgment of any civil action in favor of the plaintiff, 15such claim, cause of action, or civil action being grounded on 16the allegation that a person licensed under this Act was 17negligent in providing care, the Department shall have an 18additional period of 2 years from the date of notification to 19the Department under Section 23 of this Act of such settlement 20or final judgment in which to investigate and commence formal 21disciplinary proceedings under Section 36 of this Act, except 22as otherwise provided by law. The time during which the holder 23of the license was outside the State of Illinois shall not be 24included within any period of time limiting the commencement 25of disciplinary action by the Department. 26 The entry of an order or judgment by any circuit court HB3243- 243 -LRB104 10408 AAS 20483 b 1establishing that any person holding a license under this Act 2is a person in need of mental treatment operates as a 3suspension of that license. That person may resume his or her 4practice only upon the entry of a Departmental order based 5upon a finding by the Medical Board that the person has been 6determined to be recovered from mental illness by the court 7and upon the Medical Board's recommendation that the person be 8permitted to resume his or her practice. 9 The Department may refuse to issue or take disciplinary 10action concerning the license of any person who fails to file a 11return, or to pay the tax, penalty, or interest shown in a 12filed return, or to pay any final assessment of tax, penalty, 13or interest, as required by any tax Act administered by the 14Illinois Department of Revenue, until such time as the 15requirements of any such tax Act are satisfied as determined 16by the Illinois Department of Revenue. 17 The Department, upon the recommendation of the Medical 18Board, shall adopt rules which set forth standards to be used 19in determining: 20 (a) when a person will be deemed sufficiently 21 rehabilitated to warrant the public trust; 22 (b) what constitutes dishonorable, unethical, or 23 unprofessional conduct of a character likely to deceive, 24 defraud, or harm the public; 25 (c) what constitutes immoral conduct in the commission 26 of any act, including, but not limited to, commission of HB3243- 244 -LRB104 10408 AAS 20483 b 1 an act of sexual misconduct related to the licensee's 2 practice; and 3 (d) what constitutes gross negligence in the practice 4 of medicine. 5 However, no such rule shall be admissible into evidence in 6any civil action except for review of a licensing or other 7disciplinary action under this Act. 8 In enforcing this Section, the Medical Board, upon a 9showing of a possible violation, may compel any individual who 10is licensed to practice under this Act or holds a permit to 11practice under this Act, or any individual who has applied for 12licensure or a permit pursuant to this Act, to submit to a 13mental or physical examination and evaluation, or both, which 14may include a substance abuse or sexual offender evaluation, 15as required by the Medical Board and at the expense of the 16Department. The Medical Board shall specifically designate the 17examining physician licensed to practice medicine in all of 18its branches or, if applicable, the multidisciplinary team 19involved in providing the mental or physical examination and 20evaluation, or both. The multidisciplinary team shall be led 21by a physician licensed to practice medicine in all of its 22branches and may consist of one or more or a combination of 23physicians licensed to practice medicine in all of its 24branches, licensed chiropractic physicians, licensed clinical 25psychologists, licensed clinical social workers, licensed 26clinical professional counselors, and other professional and HB3243- 245 -LRB104 10408 AAS 20483 b 1administrative staff. Any examining physician or member of the 2multidisciplinary team may require any person ordered to 3submit to an examination and evaluation pursuant to this 4Section to submit to any additional supplemental testing 5deemed necessary to complete any examination or evaluation 6process, including, but not limited to, blood testing, 7urinalysis, psychological testing, or neuropsychological 8testing. The Medical Board or the Department may order the 9examining physician or any member of the multidisciplinary 10team to provide to the Department or the Medical Board any and 11all records, including business records, that relate to the 12examination and evaluation, including any supplemental testing 13performed. The Medical Board or the Department may order the 14examining physician or any member of the multidisciplinary 15team to present testimony concerning this examination and 16evaluation of the licensee, permit holder, or applicant, 17including testimony concerning any supplemental testing or 18documents relating to the examination and evaluation. No 19information, report, record, or other documents in any way 20related to the examination and evaluation shall be excluded by 21reason of any common law or statutory privilege relating to 22communication between the licensee, permit holder, or 23applicant and the examining physician or any member of the 24multidisciplinary team. No authorization is necessary from the 25licensee, permit holder, or applicant ordered to undergo an 26evaluation and examination for the examining physician or any HB3243- 246 -LRB104 10408 AAS 20483 b 1member of the multidisciplinary team to provide information, 2reports, records, or other documents or to provide any 3testimony regarding the examination and evaluation. The 4individual to be examined may have, at his or her own expense, 5another physician of his or her choice present during all 6aspects of the examination. Failure of any individual to 7submit to mental or physical examination and evaluation, or 8both, when directed, shall result in an automatic suspension, 9without hearing, until such time as the individual submits to 10the examination. If the Medical Board finds a physician unable 11to practice following an examination and evaluation because of 12the reasons set forth in this Section, the Medical Board shall 13require such physician to submit to care, counseling, or 14treatment by physicians, or other health care professionals, 15approved or designated by the Medical Board, as a condition 16for issued, continued, reinstated, or renewed licensure to 17practice. Any physician, whose license was granted pursuant to 18Section 9, 17, or 19 of this Act, or, continued, reinstated, 19renewed, disciplined, or supervised, subject to such terms, 20conditions, or restrictions who shall fail to comply with such 21terms, conditions, or restrictions, or to complete a required 22program of care, counseling, or treatment, as determined by 23the Chief Medical Coordinator or Deputy Medical Coordinators, 24shall be referred to the Secretary for a determination as to 25whether the licensee shall have his or her license suspended 26immediately, pending a hearing by the Medical Board. In HB3243- 247 -LRB104 10408 AAS 20483 b 1instances in which the Secretary immediately suspends a 2license under this Section, a hearing upon such person's 3license must be convened by the Medical Board within 15 days 4after such suspension and completed without appreciable delay. 5The Medical Board shall have the authority to review the 6subject physician's record of treatment and counseling 7regarding the impairment, to the extent permitted by 8applicable federal statutes and regulations safeguarding the 9confidentiality of medical records. 10 An individual licensed under this Act, affected under this 11Section, shall be afforded an opportunity to demonstrate to 12the Medical Board that he or she can resume practice in 13compliance with acceptable and prevailing standards under the 14provisions of his or her license. 15 The Medical Board, in determining mental capacity of an 16individual licensed under this Act, shall consider the latest 17recommendations of the Federation of State Medical Boards. 18 The Department may promulgate rules for the imposition of 19fines in disciplinary cases, not to exceed $10,000 for each 20violation of this Act. Fines may be imposed in conjunction 21with other forms of disciplinary action, but shall not be the 22exclusive disposition of any disciplinary action arising out 23of conduct resulting in death or injury to a patient. Any funds 24collected from such fines shall be deposited in the Illinois 25State Medical Disciplinary Fund. 26 All fines imposed under this Section shall be paid within HB3243- 248 -LRB104 10408 AAS 20483 b 160 days after the effective date of the order imposing the fine 2or in accordance with the terms set forth in the order imposing 3the fine. 4 (B) The Department shall revoke the license or permit 5issued under this Act to practice medicine of or a 6chiropractic physician who has been convicted a second time of 7committing any felony under the Illinois Controlled Substances 8Act or the Methamphetamine Control and Community Protection 9Act, or who has been convicted a second time of committing a 10Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois 11Public Aid Code. A person whose license or permit is revoked 12under this subsection (B) B shall be prohibited from 13practicing medicine or treating human ailments without the use 14of drugs and without operative surgery. 15 (C) The Department shall not revoke, suspend, place on 16probation, reprimand, refuse to issue or renew, or take any 17other disciplinary or non-disciplinary action against the 18license or permit issued under this Act to practice medicine 19to a physician: 20 (1) based solely upon the recommendation of the 21 physician to an eligible patient regarding, or 22 prescription for, or treatment with, an investigational 23 drug, biological product, or device; or 24 (2) for experimental treatment for Lyme disease or 25 other tick-borne diseases, including, but not limited to, 26 the prescription of or treatment with long-term HB3243- 249 -LRB104 10408 AAS 20483 b 1 antibiotics. ; 2 (3) based solely upon the physician providing, 3 authorizing, recommending, aiding, assisting, referring 4 for, or otherwise participating in any health care 5 service, so long as the care was not unlawful under the 6 laws of this State, regardless of whether the patient was 7 a resident of this State or another state; or 8 (4) based upon the physician's license being revoked 9 or suspended, or the physician being otherwise disciplined 10 by any other state, if that revocation, suspension, or 11 other form of discipline was based solely on the physician 12 violating another state's laws prohibiting the provision 13 of, authorization of, recommendation of, aiding or 14 assisting in, referring for, or participation in any 15 health care service if that health care service as 16 provided would not have been unlawful under the laws of 17 this State and is consistent with the standards of conduct 18 for the physician if it occurred in Illinois. 19 (D) The Medical Board shall recommend to the Department 20civil penalties and any other appropriate discipline in 21disciplinary cases when the Medical Board finds that a 22physician willfully performed an abortion with actual 23knowledge that the person upon whom the abortion has been 24performed is a minor or an incompetent person without notice 25as required under the Parental Notice of Abortion Act of 2025. 26Upon the Medical Board's recommendation, the Department shall HB3243- 250 -LRB104 10408 AAS 20483 b 1impose, for the first violation, a civil penalty of $1,000 and 2for a second or subsequent violation, a civil penalty of 3$5,000. (Blank). 4 (E) The conduct specified in subsection (C) shall not 5trigger reporting requirements under Section 23, constitute 6grounds for suspension under Section 25, or be included on the 7physician's profile required under Section 10 of the Patients' 8Right to Know Act. 9 (F) An applicant seeking licensure, certification, or 10authorization pursuant to this Act and who has been subject to 11disciplinary action by a duly authorized professional 12disciplinary agency of another jurisdiction solely on the 13basis of having provided, authorized, recommended, aided, 14assisted, referred for, or otherwise participated in health 15care shall not be denied such licensure, certification, or 16authorization, unless the Department determines that the 17action would have constituted professional misconduct in this 18State; however, nothing in this Section shall be construed as 19prohibiting the Department from evaluating the conduct of the 20applicant and making a determination regarding the licensure, 21certification, or authorization to practice a profession under 22this Act. 23 (G) The Department may adopt rules to implement the 24changes made by this amendatory Act of the 102nd General 25Assembly. 26(Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21; HB3243- 251 -LRB104 10408 AAS 20483 b 1102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff. 21-1-24; revised 10-22-24.) 3 (225 ILCS 60/23) (from Ch. 111, par. 4400-23) 4 (Section scheduled to be repealed on January 1, 2027) 5 Sec. 23. Reports relating to professional conduct and 6capacity. 7 (A) Entities required to report. 8 (1) Health care institutions. The chief administrator 9 or executive officer of any health care institution 10 licensed by the Illinois Department of Public Health shall 11 report to the Medical Board when any person's clinical 12 privileges are terminated or are restricted based on a 13 final determination made in accordance with that 14 institution's by-laws or rules and regulations that a 15 person has either committed an act or acts which may 16 directly threaten patient care or that a person may have a 17 mental or physical disability that may endanger patients 18 under that person's care. Such officer also shall report 19 if a person accepts voluntary termination or restriction 20 of clinical privileges in lieu of formal action based upon 21 conduct related directly to patient care or in lieu of 22 formal action seeking to determine whether a person may 23 have a mental or physical disability that may endanger 24 patients under that person's care. The Medical Board 25 shall, by rule, provide for the reporting to it by health HB3243- 252 -LRB104 10408 AAS 20483 b 1 care institutions of all instances in which a person, 2 licensed under this Act, who is impaired by reason of age, 3 drug or alcohol abuse or physical or mental impairment, is 4 under supervision and, where appropriate, is in a program 5 of rehabilitation. Such reports shall be strictly 6 confidential and may be reviewed and considered only by 7 the members of the Medical Board, or by authorized staff 8 as provided by rules of the Medical Board. Provisions 9 shall be made for the periodic report of the status of any 10 such person not less than twice annually in order that the 11 Medical Board shall have current information upon which to 12 determine the status of any such person. Such initial and 13 periodic reports of impaired physicians shall not be 14 considered records within the meaning of the State Records 15 Act and shall be disposed of, following a determination by 16 the Medical Board that such reports are no longer 17 required, in a manner and at such time as the Medical Board 18 shall determine by rule. The filing of such reports shall 19 be construed as the filing of a report for purposes of 20 subsection (C) of this Section. Such health care 21 institution shall not take any adverse action, including, 22 but not limited to, restricting or terminating any 23 person's clinical privileges, as a result of an adverse 24 action against a person's license or clinical privileges 25 or other disciplinary action by another state or health 26 care institution that resulted from the person's provision HB3243- 253 -LRB104 10408 AAS 20483 b 1 of, authorization of, recommendation of, aiding or 2 assistance with, referral for, or participation in any 3 health care service if the adverse action was based solely 4 on a violation of the other state's law prohibiting the 5 provision of such health care and related services in the 6 state or for a resident of the state if that health care 7 service would not have been unlawful under the laws of 8 this State and is consistent with the standards of conduct 9 for physicians practicing in Illinois. 10 (1.5) Clinical training programs. The program director 11 of any post-graduate clinical training program shall 12 report to the Medical Board if a person engaged in a 13 post-graduate clinical training program at the 14 institution, including, but not limited to, a residency or 15 fellowship, separates from the program for any reason 16 prior to its conclusion. The program director shall 17 provide all documentation relating to the separation if, 18 after review of the report, the Medical Board determines 19 that a review of those documents is necessary to determine 20 whether a violation of this Act occurred. 21 (2) Professional associations. The President or chief 22 executive officer of any association or society, of 23 persons licensed under this Act, operating within this 24 State shall report to the Medical Board when the 25 association or society renders a final determination that 26 a person has committed unprofessional conduct related HB3243- 254 -LRB104 10408 AAS 20483 b 1 directly to patient care or that a person may have a mental 2 or physical disability that may endanger patients under 3 that person's care. 4 (3) Professional liability insurers. Every insurance 5 company which offers policies of professional liability 6 insurance to persons licensed under this Act, or any other 7 entity which seeks to indemnify the professional liability 8 of a person licensed under this Act, shall report to the 9 Medical Board the settlement of any claim or cause of 10 action, or final judgment rendered in any cause of action, 11 which alleged negligence in the furnishing of medical care 12 by such licensed person when such settlement or final 13 judgment is in favor of the plaintiff. Such insurance 14 company shall not take any adverse action, including, but 15 not limited to, denial or revocation of coverage, or rate 16 increases, against a person licensed under this Act with 17 respect to coverage for services provided in the State if 18 based solely on the person providing, authorizing, 19 recommending, aiding, assisting, referring for, or 20 otherwise participating in health care services in this 21 State in violation of another state's law, or a revocation 22 or other adverse action against the person's license in 23 another state for violation of such law if that health 24 care service as provided would have been lawful and 25 consistent with the standards of conduct for physicians if 26 it occurred in the State. Notwithstanding this provision, HB3243- 255 -LRB104 10408 AAS 20483 b 1 it is against public policy to require coverage for an 2 illegal action. 3 (4) State's Attorneys. The State's Attorney of each 4 county shall report to the Medical Board, within 5 days, 5 any instances in which a person licensed under this Act is 6 convicted of any felony or Class A misdemeanor. The 7 State's Attorney of each county may report to the Medical 8 Board through a verified complaint any instance in which 9 the State's Attorney believes that a physician has 10 willfully violated the notice requirements of the Parental 11 Notice of Abortion Act of 2025. 12 (5) State agencies. All agencies, boards, commissions, 13 departments, or other instrumentalities of the government 14 of the State of Illinois shall report to the Medical Board 15 any instance arising in connection with the operations of 16 such agency, including the administration of any law by 17 such agency, in which a person licensed under this Act has 18 either committed an act or acts which may be a violation of 19 this Act or which may constitute unprofessional conduct 20 related directly to patient care or which indicates that a 21 person licensed under this Act may have a mental or 22 physical disability that may endanger patients under that 23 person's care. 24 (B) Mandatory reporting. All reports required by items 25(34), (35), and (36) of subsection (A) of Section 22 and by 26Section 23 shall be submitted to the Medical Board in a timely HB3243- 256 -LRB104 10408 AAS 20483 b 1fashion. Unless otherwise provided in this Section, the 2reports shall be filed in writing within 60 days after a 3determination that a report is required under this Act. All 4reports shall contain the following information: 5 (1) The name, address and telephone number of the 6 person making the report. 7 (2) The name, address and telephone number of the 8 person who is the subject of the report. 9 (3) The name and date of birth of any patient or 10 patients whose treatment is a subject of the report, if 11 available, or other means of identification if such 12 information is not available, identification of the 13 hospital or other healthcare facility where the care at 14 issue in the report was rendered, provided, however, no 15 medical records may be revealed. 16 (4) A brief description of the facts which gave rise 17 to the issuance of the report, including the dates of any 18 occurrences deemed to necessitate the filing of the 19 report. 20 (5) If court action is involved, the identity of the 21 court in which the action is filed, along with the docket 22 number and date of filing of the action. 23 (6) Any further pertinent information which the 24 reporting party deems to be an aid in the evaluation of the 25 report. 26 The Medical Board or Department may also exercise the HB3243- 257 -LRB104 10408 AAS 20483 b 1power under Section 38 of this Act to subpoena copies of 2hospital or medical records in mandatory report cases alleging 3death or permanent bodily injury. Appropriate rules shall be 4adopted by the Department with the approval of the Medical 5Board. 6 When the Department has received written reports 7concerning incidents required to be reported in items (34), 8(35), and (36) of subsection (A) of Section 22, the licensee's 9failure to report the incident to the Department under those 10items shall not be the sole grounds for disciplinary action. 11 Nothing contained in this Section shall act to, in any 12way, waive or modify the confidentiality of medical reports 13and committee reports to the extent provided by law. Any 14information reported or disclosed shall be kept for the 15confidential use of the Medical Board, the Medical 16Coordinators, the Medical Board's attorneys, the medical 17investigative staff, and authorized clerical staff, as 18provided in this Act, and shall be afforded the same status as 19is provided information concerning medical studies in Part 21 20of Article VIII of the Code of Civil Procedure, except that the 21Department may disclose information and documents to a 22federal, State, or local law enforcement agency pursuant to a 23subpoena in an ongoing criminal investigation or to a health 24care licensing body or medical licensing authority of this 25State or another state or jurisdiction pursuant to an official 26request made by that licensing body or medical licensing HB3243- 258 -LRB104 10408 AAS 20483 b 1authority. Furthermore, information and documents disclosed to 2a federal, State, or local law enforcement agency may be used 3by that agency only for the investigation and prosecution of a 4criminal offense, or, in the case of disclosure to a health 5care licensing body or medical licensing authority, only for 6investigations and disciplinary action proceedings with regard 7to a license. Information and documents disclosed to the 8Department of Public Health may be used by that Department 9only for investigation and disciplinary action regarding the 10license of a health care institution licensed by the 11Department of Public Health. 12 (C) Immunity from prosecution. Any individual or 13organization acting in good faith, and not in a wilful and 14wanton manner, in complying with this Act by providing any 15report or other information to the Medical Board or a peer 16review committee, or assisting in the investigation or 17preparation of such information, or by voluntarily reporting 18to the Medical Board or a peer review committee information 19regarding alleged errors or negligence by a person licensed 20under this Act, or by participating in proceedings of the 21Medical Board or a peer review committee, or by serving as a 22member of the Medical Board or a peer review committee, shall 23not, as a result of such actions, be subject to criminal 24prosecution or civil damages. 25 (D) Indemnification. Members of the Medical Board, the 26Medical Coordinators, the Medical Board's attorneys, the HB3243- 259 -LRB104 10408 AAS 20483 b 1medical investigative staff, physicians retained under 2contract to assist and advise the medical coordinators in the 3investigation, and authorized clerical staff shall be 4indemnified by the State for any actions occurring within the 5scope of services on the Medical Board, done in good faith and 6not wilful and wanton in nature. The Attorney General shall 7defend all such actions unless he or she determines either 8that there would be a conflict of interest in such 9representation or that the actions complained of were not in 10good faith or were wilful and wanton. 11 Should the Attorney General decline representation, the 12member shall have the right to employ counsel of his or her 13choice, whose fees shall be provided by the State, after 14approval by the Attorney General, unless there is a 15determination by a court that the member's actions were not in 16good faith or were wilful and wanton. 17 The member must notify the Attorney General within 7 days 18of receipt of notice of the initiation of any action involving 19services of the Medical Board. Failure to so notify the 20Attorney General shall constitute an absolute waiver of the 21right to a defense and indemnification. 22 The Attorney General shall determine within 7 days after 23receiving such notice, whether he or she will undertake to 24represent the member. 25 (E) Deliberations of Medical Board. Upon the receipt of 26any report called for by this Act, other than those reports of HB3243- 260 -LRB104 10408 AAS 20483 b 1impaired persons licensed under this Act required pursuant to 2the rules of the Medical Board, the Medical Board shall notify 3in writing, by mail or email, the person who is the subject of 4the report. Such notification shall be made within 30 days of 5receipt by the Medical Board of the report. 6 The notification shall include a written notice setting 7forth the person's right to examine the report. Included in 8such notification shall be the address at which the file is 9maintained, the name of the custodian of the reports, and the 10telephone number at which the custodian may be reached. The 11person who is the subject of the report shall submit a written 12statement responding, clarifying, adding to, or proposing the 13amending of the report previously filed. The person who is the 14subject of the report shall also submit with the written 15statement any medical records related to the report. The 16statement and accompanying medical records shall become a 17permanent part of the file and must be received by the Medical 18Board no more than 30 days after the date on which the person 19was notified by the Medical Board of the existence of the 20original report. 21 The Medical Board shall review all reports received by it, 22together with any supporting information and responding 23statements submitted by persons who are the subject of 24reports. The review by the Medical Board shall be in a timely 25manner but in no event, shall the Medical Board's initial 26review of the material contained in each disciplinary file be HB3243- 261 -LRB104 10408 AAS 20483 b 1less than 61 days nor more than 180 days after the receipt of 2the initial report by the Medical Board. 3 When the Medical Board makes its initial review of the 4materials contained within its disciplinary files, the Medical 5Board shall, in writing, make a determination as to whether 6there are sufficient facts to warrant further investigation or 7action. Failure to make such determination within the time 8provided shall be deemed to be a determination that there are 9not sufficient facts to warrant further investigation or 10action. 11 Should the Medical Board find that there are not 12sufficient facts to warrant further investigation, or action, 13the report shall be accepted for filing and the matter shall be 14deemed closed and so reported to the Secretary. The Secretary 15shall then have 30 days to accept the Medical Board's decision 16or request further investigation. The Secretary shall inform 17the Medical Board of the decision to request further 18investigation, including the specific reasons for the 19decision. The individual or entity filing the original report 20or complaint and the person who is the subject of the report or 21complaint shall be notified in writing by the Secretary of any 22final action on their report or complaint. The Department 23shall disclose to the individual or entity who filed the 24original report or complaint, on request, the status of the 25Medical Board's review of a specific report or complaint. Such 26request may be made at any time, including prior to the Medical HB3243- 262 -LRB104 10408 AAS 20483 b 1Board's determination as to whether there are sufficient facts 2to warrant further investigation or action. 3 (F) Summary reports. The Medical Board shall prepare, on a 4timely basis, but in no event less than once every other month, 5a summary report of final disciplinary actions taken upon 6disciplinary files maintained by the Medical Board. The 7summary reports shall be made available to the public upon 8request and payment of the fees set by the Department. This 9publication may be made available to the public on the 10Department's website. Information or documentation relating to 11any disciplinary file that is closed without disciplinary 12action taken shall not be disclosed and shall be afforded the 13same status as is provided by Part 21 of Article VIII of the 14Code of Civil Procedure. 15 (G) Any violation of this Section shall be a Class A 16misdemeanor. 17 (H) If any such person violates the provisions of this 18Section an action may be brought in the name of the People of 19the State of Illinois, through the Attorney General of the 20State of Illinois, for an order enjoining such violation or 21for an order enforcing compliance with this Section. Upon 22filing of a verified petition in such court, the court may 23issue a temporary restraining order without notice or bond and 24may preliminarily or permanently enjoin such violation, and if 25it is established that such person has violated or is 26violating the injunction, the court may punish the offender HB3243- 263 -LRB104 10408 AAS 20483 b 1for contempt of court. Proceedings under this paragraph shall 2be in addition to, and not in lieu of, all other remedies and 3penalties provided for by this Section. 4 (I) The Department may adopt rules to implement the 5changes made by this amendatory Act of the 102nd General 6Assembly. 7(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21; 8102-1117, eff. 1-13-23.) 9 (225 ILCS 60/36) (from Ch. 111, par. 4400-36) 10 (Section scheduled to be repealed on January 1, 2027) 11 Sec. 36. Investigation; notice. 12 (a) Upon the motion of either the Department or the 13Medical Board or upon the verified complaint in writing of any 14person setting forth facts which, if proven, would constitute 15grounds for suspension or revocation under Section 22 of this 16Act, the Department shall investigate the actions of any 17person, so accused, who holds or represents that he or she 18holds a license. Such person is hereinafter called the 19accused. 20 (b) The Department shall, before suspending, revoking, 21placing on probationary status, or taking any other 22disciplinary action as the Department may deem proper with 23regard to any license at least 30 days prior to the date set 24for the hearing, notify the accused in writing of any charges 25made and the time and place for a hearing of the charges before HB3243- 264 -LRB104 10408 AAS 20483 b 1the Medical Board, direct him or her to file his or her written 2answer thereto to the Medical Board under oath within 20 days 3after the service on him or her of such notice and inform him 4or her that if he or she fails to file such answer default will 5be taken against him or her and his or her license may be 6suspended, revoked, placed on probationary status, or have 7other disciplinary action, including limiting the scope, 8nature or extent of his or her practice, as the Department may 9deem proper taken with regard thereto. The Department shall, 10at least 14 days prior to the date set for the hearing, notify 11in writing any person who filed a complaint against the 12accused of the time and place for the hearing of the charges 13against the accused before the Medical Board and inform such 14person whether he or she may provide testimony at the hearing. 15 (c) Where a physician has been found, upon complaint and 16investigation of the Department, and after hearing, to have 17performed an abortion procedure in a willful and wanton manner 18upon a woman who was not pregnant at the time such abortion 19procedure was performed, the Department shall automatically 20revoke the license of such physician to practice medicine in 21this State. (Blank). 22 (d) Such written notice and any notice in such proceedings 23thereafter may be served by personal delivery, email to the 24respondent's email address of record, or mail to the 25respondent's address of record. 26 (e) All information gathered by the Department during its HB3243- 265 -LRB104 10408 AAS 20483 b 1investigation including information subpoenaed under Section 223 or 38 of this Act and the investigative file shall be kept 3for the confidential use of the Secretary, the Medical Board, 4the Medical Coordinators, persons employed by contract to 5advise the Medical Coordinator or the Department, the Medical 6Board's attorneys, the medical investigative staff, and 7authorized clerical staff, as provided in this Act and shall 8be afforded the same status as is provided information 9concerning medical studies in Part 21 of Article VIII of the 10Code of Civil Procedure, except that the Department may 11disclose information and documents to a federal, State, or 12local law enforcement agency pursuant to a subpoena in an 13ongoing criminal investigation to a health care licensing body 14of this State or another state or jurisdiction pursuant to an 15official request made by that licensing body. Furthermore, 16information and documents disclosed to a federal, State, or 17local law enforcement agency may be used by that agency only 18for the investigation and prosecution of a criminal offense 19or, in the case of disclosure to a health care licensing body, 20only for investigations and disciplinary action proceedings 21with regard to a license issued by that licensing body. 22(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19; 23102-20, eff. 1-1-22; 102-558, eff. 8-20-21.) 24 (225 ILCS 60/49.5) 25 (Section scheduled to be repealed on January 1, 2027) HB3243- 266 -LRB104 10408 AAS 20483 b 1 Sec. 49.5. Telemedicine. 2 (a) The General Assembly finds and declares that because 3of technological advances and changing practice patterns the 4practice of medicine is occurring with increasing frequency 5across state lines and across increasing geographical 6distances within the State of Illinois and that certain 7technological advances in the practice of medicine are in the 8public interest. The General Assembly further finds and 9declares that the practice of medicine is a privilege and that 10the licensure by this State of practitioners outside this 11State engaging in medical practice within this State and the 12ability to discipline those practitioners is necessary for the 13protection of the public health, welfare, and safety. 14 (b) A person who engages in the practice of telemedicine 15without a license or permit issued under this Act shall be 16subject to penalties provided in Section 59. A person with a 17temporary permit for health care may treat a patient located 18in this State through telehealth services in a manner 19consistent with the person's scope of practice and agreement 20with a sponsoring entity. 21 (c) For purposes of this Act, "telemedicine" means the 22performance of any of the activities listed in Section 49, 23including, but not limited to, rendering written or oral 24opinions concerning diagnosis or treatment of a patient in 25Illinois by a person in a different location than the patient 26as a result of transmission of individual patient data by HB3243- 267 -LRB104 10408 AAS 20483 b 1telephonic, electronic, or other means of communication. 2"Telemedicine" does not include the following: 3 (1) periodic consultations between a person licensed 4 under this Act and a person outside the State of Illinois; 5 (2) a second opinion provided to a person licensed 6 under this Act; 7 (3) diagnosis or treatment services provided to a 8 patient in Illinois following care or treatment originally 9 provided to the patient in the state in which the provider 10 is licensed to practice medicine; and 11 (4) health care services provided to an existing 12 patient while the person licensed under this Act or 13 patient is traveling. 14 (d) Whenever the Department has reason to believe that a 15person has violated this Section, the Department may issue a 16rule to show cause why an order to cease and desist should not 17be entered against that person. The rule shall clearly set 18forth the grounds relied upon by the Department and shall 19provide a period of 7 days from the date of the rule to file an 20answer to the satisfaction of the Department. Failure to 21answer to the satisfaction of the Department shall cause an 22order to cease and desist to be issued immediately. 23 (e) An out-of-state person providing a service listed in 24Section 49 to a patient residing in Illinois through the 25practice of telemedicine submits himself or herself to the 26jurisdiction of the courts of this State. HB3243- 268 -LRB104 10408 AAS 20483 b 1(Source: P.A. 102-1117, eff. 1-13-23.) 2 Section 5-100. The Nurse Practice Act is amended by 3changing Sections 65-35, 65-43, 65-65, and 70-5 as follows: 4 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15) 5 (Section scheduled to be repealed on January 1, 2028) 6 Sec. 65-35. Written collaborative agreements. 7 (a) A written collaborative agreement is required for all 8advanced practice registered nurses engaged in clinical 9practice prior to meeting the requirements of Section 65-43, 10except for advanced practice registered nurses who are 11privileged to practice in a hospital, hospital affiliate, or 12ambulatory surgical treatment center. 13 (a-5) If an advanced practice registered nurse engages in 14clinical practice outside of a hospital, hospital affiliate, 15or ambulatory surgical treatment center in which he or she is 16privileged to practice, the advanced practice registered nurse 17must have a written collaborative agreement, except as set 18forth in Section 65-43. 19 (b) A written collaborative agreement shall describe the 20relationship of the advanced practice registered nurse with 21the collaborating physician and shall describe the categories 22of care, treatment, or procedures to be provided by the 23advanced practice registered nurse. A collaborative agreement 24with a podiatric physician must be in accordance with HB3243- 269 -LRB104 10408 AAS 20483 b 1subsection (c-5) or (c-15) of this Section. A collaborative 2agreement with a dentist must be in accordance with subsection 3(c-10) of this Section. A collaborative agreement with a 4podiatric physician must be in accordance with subsection 5(c-5) of this Section. Collaboration does not require an 6employment relationship between the collaborating physician 7and the advanced practice registered nurse. 8 The collaborative relationship under an agreement shall 9not be construed to require the personal presence of a 10collaborating physician at the place where services are 11rendered. Methods of communication shall be available for 12consultation with the collaborating physician in person or by 13telecommunications or electronic communications as set forth 14in the written agreement. 15 (b-5) Absent an employment relationship, a written 16collaborative agreement may not (1) restrict the categories of 17patients of an advanced practice registered nurse within the 18scope of the advanced practice registered nurses training and 19experience, (2) limit third party payors or government health 20programs, such as the medical assistance program or Medicare 21with which the advanced practice registered nurse contracts, 22or (3) limit the geographic area or practice location of the 23advanced practice registered nurse in this State. 24 (c) In the case of anesthesia services provided by a 25certified registered nurse anesthetist, an anesthesiologist, a 26physician, a dentist, or a podiatric physician must HB3243- 270 -LRB104 10408 AAS 20483 b 1participate through discussion of and agreement with the 2anesthesia plan and remain physically present and available on 3the premises during the delivery of anesthesia services for 4diagnosis, consultation, and treatment of emergency medical 5conditions. 6 (c-5) A certified registered nurse anesthetist, who 7provides anesthesia services outside of a hospital or 8ambulatory surgical treatment center shall enter into a 9written collaborative agreement with an anesthesiologist or 10the physician licensed to practice medicine in all its 11branches or the podiatric physician performing the procedure. 12Outside of a hospital or ambulatory surgical treatment center, 13the certified registered nurse anesthetist may provide only 14those services that the collaborating podiatric physician is 15authorized to provide pursuant to the Podiatric Medical 16Practice Act of 1987 and rules adopted thereunder. A certified 17registered nurse anesthetist may select, order, and administer 18medication, including controlled substances, and apply 19appropriate medical devices for delivery of anesthesia 20services under the anesthesia plan agreed with by the 21anesthesiologist or the operating physician or operating 22podiatric physician. 23 (c-10) A certified registered nurse anesthetist who 24provides anesthesia services in a dental office shall enter 25into a written collaborative agreement with an 26anesthesiologist or the physician licensed to practice HB3243- 271 -LRB104 10408 AAS 20483 b 1medicine in all its branches or the operating dentist 2performing the procedure. The agreement shall describe the 3working relationship of the certified registered nurse 4anesthetist and dentist and shall authorize the categories of 5care, treatment, or procedures to be performed by the 6certified registered nurse anesthetist. In a collaborating 7dentist's office, the certified registered nurse anesthetist 8may only provide those services that the operating dentist 9with the appropriate permit is authorized to provide pursuant 10to the Illinois Dental Practice Act and rules adopted 11thereunder. For anesthesia services, an anesthesiologist, 12physician, or operating dentist shall participate through 13discussion of and agreement with the anesthesia plan and shall 14remain physically present and be available on the premises 15during the delivery of anesthesia services for diagnosis, 16consultation, and treatment of emergency medical conditions. A 17certified registered nurse anesthetist may select, order, and 18administer medication, including controlled substances, and 19apply appropriate medical devices for delivery of anesthesia 20services under the anesthesia plan agreed with by the 21operating dentist. 22 (c-15) An advanced practice registered nurse who had a 23written collaborative agreement with a podiatric physician 24immediately before the effective date of Public Act 100-513 25may continue in that collaborative relationship or enter into 26a new written collaborative relationship with a podiatric HB3243- 272 -LRB104 10408 AAS 20483 b 1physician under the requirements of this Section and Section 265-40, as those Sections existed immediately before the 3amendment of those Sections by Public Act 100-513 with regard 4to a written collaborative agreement between an advanced 5practice registered nurse and a podiatric physician. 6 (d) A copy of the signed, written collaborative agreement 7must be available to the Department upon request from both the 8advanced practice registered nurse and the collaborating 9physician, dentist, or podiatric physician. 10 (e) Nothing in this Act shall be construed to limit the 11delegation of tasks or duties by a physician to a licensed 12practical nurse, a registered professional nurse, or other 13persons in accordance with Section 54.2 of the Medical 14Practice Act of 1987. Nothing in this Act shall be construed to 15limit the method of delegation that may be authorized by any 16means, including, but not limited to, oral, written, 17electronic, standing orders, protocols, guidelines, or verbal 18orders. 19 (e-5) Nothing in this Act shall be construed to authorize 20an advanced practice registered nurse to provide health care 21services required by law or rule to be performed by a 22physician, including those acts to be performed by a physician 23in Section 1-10 of the Illinois Abortion Law of 2025. The scope 24of practice of an advanced practice registered nurse does not 25include operative surgery. Nothing in this Section shall be 26construed to preclude an advanced practice registered nurse HB3243- 273 -LRB104 10408 AAS 20483 b 1from assisting in surgery. 2 (f) An advanced practice registered nurse shall inform 3each collaborating physician, dentist, or podiatric physician 4of all collaborative agreements he or she has signed and 5provide a copy of these to any collaborating physician, 6dentist, or podiatric physician upon request. 7 (g) (Blank). 8(Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18; 9100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.) 10 (225 ILCS 65/65-43) 11 (Section scheduled to be repealed on January 1, 2028) 12 Sec. 65-43. Full practice authority. 13 (a) An Illinois-licensed advanced practice registered 14nurse certified as a nurse practitioner, nurse midwife, or 15clinical nurse specialist shall be deemed by law to possess 16the ability to practice without a written collaborative 17agreement as set forth in this Section. 18 (b) An advanced practice registered nurse certified as a 19nurse midwife, clinical nurse specialist, or nurse 20practitioner who files with the Department a notarized 21attestation of completion of at least 250 hours of continuing 22education or training and at least 4,000 hours of clinical 23experience after first attaining national certification shall 24not require a written collaborative agreement. Documentation 25of successful completion shall be provided to the Department HB3243- 274 -LRB104 10408 AAS 20483 b 1upon request. 2 Continuing education or training hours required by 3subsection (b) shall be in the advanced practice registered 4nurse's area of certification as set forth by Department rule. 5 The clinical experience must be in the advanced practice 6registered nurse's area of certification. The clinical 7experience shall be in collaboration with a physician or 8physicians. Completion of the clinical experience must be 9attested to by the collaborating physician or physicians or 10employer and the advanced practice registered nurse. If the 11collaborating physician or physicians or employer is unable to 12attest to the completion of the clinical experience, the 13Department may accept other evidence of clinical experience as 14established by rule. 15 (c) The scope of practice of an advanced practice 16registered nurse with full practice authority includes: 17 (1) all matters included in subsection (c) of Section 18 65-30 of this Act; 19 (2) practicing without a written collaborative 20 agreement in all practice settings consistent with 21 national certification; 22 (3) authority to prescribe both legend drugs and 23 Schedule II through V controlled substances; this 24 authority includes prescription of, selection of, orders 25 for, administration of, storage of, acceptance of samples 26 of, and dispensing over the counter medications, legend HB3243- 275 -LRB104 10408 AAS 20483 b 1 drugs, and controlled substances categorized as any 2 Schedule II through V controlled substances, as defined in 3 Article II of the Illinois Controlled Substances Act, and 4 other preparations, including, but not limited to, 5 botanical and herbal remedies; 6 (4) prescribing Schedule II narcotic drugs, such as 7 opioids, only in a consultation relationship with a 8 physician; this consultation relationship shall be 9 recorded in the Prescription Monitoring Program website, 10 pursuant to Section 316 of the Illinois Controlled 11 Substances Act, by the physician and advanced practice 12 registered nurse with full practice authority and is not 13 required to be filed with the Department; the specific 14 Schedule II narcotic drug must be identified by either 15 brand name or generic name; the specific Schedule II 16 narcotic drug, such as an opioid, may be administered by 17 oral dosage or topical or transdermal application; 18 delivery by injection or other route of administration is 19 not permitted; at least monthly, the advanced practice 20 registered nurse and the physician must discuss the 21 condition of any patients for whom an opioid is 22 prescribed; nothing in this subsection shall be construed 23 to require a prescription by an advanced practice 24 registered nurse with full practice authority to require a 25 physician name; 26 (4.5) prescribing up to a 120-day supply of HB3243- 276 -LRB104 10408 AAS 20483 b 1 benzodiazepines without a consultation relationship with a 2 physician; thereafter, continued prescription of 3 benzodiazepines shall require a consultation with a 4 physician; nothing in this subsection shall be construed 5 to require a prescription by an advanced practice 6 registered nurse with full practice authority to require a 7 physician name; 8 (5) authority to obtain an Illinois controlled 9 substance license and a federal Drug Enforcement 10 Administration number; and 11 (6) use of only local anesthetic. 12 The scope of practice of an advanced practice registered 13nurse does not include operative surgery. Nothing in this 14Section shall be construed to preclude an advanced practice 15registered nurse from assisting in surgery. 16 (d) The Department may adopt rules necessary to administer 17this Section, including, but not limited to, requiring the 18completion of forms and the payment of fees. 19 (e) Nothing in this Act shall be construed to authorize an 20advanced practice registered nurse with full practice 21authority to provide health care services required by law or 22rule to be performed by a physician, including, but not 23limited to, those acts to be performed by a physician in 24Section 3.1 of the Illinois Abortion Law of 2025. 25(Source: P.A. 102-75, eff. 1-1-22; 103-60, eff. 1-1-24.) HB3243- 277 -LRB104 10408 AAS 20483 b 1 (225 ILCS 65/65-65) (was 225 ILCS 65/15-55) 2 (Section scheduled to be repealed on January 1, 2028) 3 Sec. 65-65. Reports relating to APRN professional conduct 4and capacity. 5 (a) Entities Required to Report. 6 (1) Health Care Institutions. The chief administrator 7 or executive officer of a health care institution licensed 8 by the Department of Public Health, which provides the 9 minimum due process set forth in Section 10.4 of the 10 Hospital Licensing Act, shall report to the Board when an 11 advanced practice registered nurse's organized 12 professional staff clinical privileges are terminated or 13 are restricted based on a final determination, in 14 accordance with that institution's bylaws or rules and 15 regulations, that (i) a person has either committed an act 16 or acts that may directly threaten patient care and that 17 are not of an administrative nature or (ii) that a person 18 may have a mental or physical disability that may endanger 19 patients under that person's care. The chief administrator 20 or officer shall also report if an advanced practice 21 registered nurse accepts voluntary termination or 22 restriction of clinical privileges in lieu of formal 23 action based upon conduct related directly to patient care 24 and not of an administrative nature, or in lieu of formal 25 action seeking to determine whether a person may have a 26 mental or physical disability that may endanger patients HB3243- 278 -LRB104 10408 AAS 20483 b 1 under that person's care. The Department shall provide by 2 rule for the reporting to it of all instances in which a 3 person licensed under this Article, who is impaired by 4 reason of age, drug, or alcohol abuse or physical or 5 mental impairment, is under supervision and, where 6 appropriate, is in a program of rehabilitation. Reports 7 submitted under this subsection shall be strictly 8 confidential and may be reviewed and considered only by 9 the members of the Board or authorized staff as provided 10 by rule of the Department. Provisions shall be made for 11 the periodic report of the status of any such reported 12 person not less than twice annually in order that the 13 Board shall have current information upon which to 14 determine the status of that person. Initial and periodic 15 reports of impaired advanced practice registered nurses 16 shall not be considered records within the meaning of the 17 State Records Act and shall be disposed of, following a 18 determination by the Board that such reports are no longer 19 required, in a manner and at an appropriate time as the 20 Board shall determine by rule. The filing of reports 21 submitted under this subsection shall be construed as the 22 filing of a report for purposes of subsection (c) of this 23 Section. Such health care institution shall not take any 24 adverse action, including, but not limited to, restricting 25 or terminating any person's clinical privileges, as a 26 result of an adverse action against a person's license or HB3243- 279 -LRB104 10408 AAS 20483 b 1 clinical privileges or other disciplinary action by 2 another state or health care institution that resulted 3 from the person's provision of, authorization of, 4 recommendation of, aiding or assistance with, referral 5 for, or participation in any health care service if the 6 adverse action was based solely on a violation of the 7 other state's law prohibiting the provision of such health 8 care and related services in the state or for a resident of 9 the state if that health care service would not have been 10 unlawful under the laws of this State and is consistent 11 with the standards of conduct for advanced practice 12 registered nurses practicing in Illinois. 13 (2) Professional Associations. The President or chief 14 executive officer of an association or society of persons 15 licensed under this Article, operating within this State, 16 shall report to the Board when the association or society 17 renders a final determination that a person licensed under 18 this Article has committed unprofessional conduct related 19 directly to patient care or that a person may have a mental 20 or physical disability that may endanger patients under 21 the person's care. 22 (3) Professional Liability Insurers. Every insurance 23 company that offers policies of professional liability 24 insurance to persons licensed under this Article, or any 25 other entity that seeks to indemnify the professional 26 liability of a person licensed under this Article, shall HB3243- 280 -LRB104 10408 AAS 20483 b 1 report to the Board the settlement of any claim or cause of 2 action, or final judgment rendered in any cause of action, 3 that alleged negligence in the furnishing of patient care 4 by the licensee when the settlement or final judgment is 5 in favor of the plaintiff. Such insurance company shall 6 not take any adverse action, including, but not limited 7 to, denial or revocation of coverage, or rate increases, 8 against a person licensed under this Act with respect to 9 coverage for services provided in Illinois if based solely 10 on the person providing, authorizing, recommending, 11 aiding, assisting, referring for, or otherwise 12 participating in health care services this State in 13 violation of another state's law, or a revocation or other 14 adverse action against the person's license in another 15 state for violation of such law if that health care 16 service as provided would have been lawful and consistent 17 with the standards of conduct for registered nurses and 18 advanced practice registered nurses if it occurred in 19 Illinois. Notwithstanding this provision, it is against 20 public policy to require coverage for an illegal action. 21 (4) State's Attorneys. The State's Attorney of each 22 county shall report to the Board all instances in which a 23 person licensed under this Article is convicted or 24 otherwise found guilty of the commission of a felony. 25 (5) State Agencies. All agencies, boards, commissions, 26 departments, or other instrumentalities of the government HB3243- 281 -LRB104 10408 AAS 20483 b 1 of this State shall report to the Board any instance 2 arising in connection with the operations of the agency, 3 including the administration of any law by the agency, in 4 which a person licensed under this Article has either 5 committed an act or acts that may constitute a violation 6 of this Article, that may constitute unprofessional 7 conduct related directly to patient care, or that 8 indicates that a person licensed under this Article may 9 have a mental or physical disability that may endanger 10 patients under that person's care. 11 (b) Mandatory Reporting. All reports required under items 12(16) and (17) of subsection (a) of Section 70-5 shall be 13submitted to the Board in a timely fashion. The reports shall 14be filed in writing within 60 days after a determination that a 15report is required under this Article. All reports shall 16contain the following information: 17 (1) The name, address, and telephone number of the 18 person making the report. 19 (2) The name, address, and telephone number of the 20 person who is the subject of the report. 21 (3) The name or other means of identification of any 22 patient or patients whose treatment is a subject of the 23 report, except that no medical records may be revealed 24 without the written consent of the patient or patients. 25 (4) A brief description of the facts that gave rise to 26 the issuance of the report, including, but not limited to, HB3243- 282 -LRB104 10408 AAS 20483 b 1 the dates of any occurrences deemed to necessitate the 2 filing of the report. 3 (5) If court action is involved, the identity of the 4 court in which the action is filed, the docket number, and 5 date of filing of the action. 6 (6) Any further pertinent information that the 7 reporting party deems to be an aid in the evaluation of the 8 report. 9 Nothing contained in this Section shall be construed to in 10any way waive or modify the confidentiality of medical reports 11and committee reports to the extent provided by law. Any 12information reported or disclosed shall be kept for the 13confidential use of the Board, the Board's attorneys, the 14investigative staff, and authorized clerical staff and shall 15be afforded the same status as is provided information 16concerning medical studies in Part 21 of Article VIII of the 17Code of Civil Procedure. 18 (c) Immunity from Prosecution. An individual or 19organization acting in good faith, and not in a willful and 20wanton manner, in complying with this Section by providing a 21report or other information to the Board, by assisting in the 22investigation or preparation of a report or information, by 23participating in proceedings of the Board, or by serving as a 24member of the Board shall not, as a result of such actions, be 25subject to criminal prosecution or civil damages. 26 (d) Indemnification. Members of the Board, the Board's HB3243- 283 -LRB104 10408 AAS 20483 b 1attorneys, the investigative staff, advanced practice 2registered nurses or physicians retained under contract to 3assist and advise in the investigation, and authorized 4clerical staff shall be indemnified by the State for any 5actions (i) occurring within the scope of services on the 6Board, (ii) performed in good faith, and (iii) not willful and 7wanton in nature. The Attorney General shall defend all 8actions taken against those persons unless he or she 9determines either that there would be a conflict of interest 10in the representation or that the actions complained of were 11not performed in good faith or were willful and wanton in 12nature. If the Attorney General declines representation, the 13member shall have the right to employ counsel of his or her 14choice, whose fees shall be provided by the State, after 15approval by the Attorney General, unless there is a 16determination by a court that the member's actions were not 17performed in good faith or were willful and wanton in nature. 18The member shall notify the Attorney General within 7 days of 19receipt of notice of the initiation of an action involving 20services of the Board. Failure to so notify the Attorney 21General shall constitute an absolute waiver of the right to a 22defense and indemnification. The Attorney General shall 23determine within 7 days after receiving the notice whether he 24or she will undertake to represent the member. 25 (e) Deliberations of Board. Upon the receipt of a report 26called for by this Section, other than those reports of HB3243- 284 -LRB104 10408 AAS 20483 b 1impaired persons licensed under this Article required pursuant 2to the rules of the Board, the Board shall notify in writing by 3certified or registered mail or by email to the email address 4of record the person who is the subject of the report. The 5notification shall be made within 30 days of receipt by the 6Board of the report. The notification shall include a written 7notice setting forth the person's right to examine the report. 8Included in the notification shall be the address at which the 9file is maintained, the name of the custodian of the reports, 10and the telephone number at which the custodian may be 11reached. The person who is the subject of the report shall 12submit a written statement responding to, clarifying, adding 13to, or proposing to amend the report previously filed. The 14statement shall become a permanent part of the file and shall 15be received by the Board no more than 30 days after the date on 16which the person was notified of the existence of the original 17report. The Board shall review all reports received by it and 18any supporting information and responding statements submitted 19by persons who are the subject of reports. The review by the 20Board shall be in a timely manner but in no event shall the 21Board's initial review of the material contained in each 22disciplinary file be less than 61 days nor more than 180 days 23after the receipt of the initial report by the Board. When the 24Board makes its initial review of the materials contained 25within its disciplinary files, the Board shall, in writing, 26make a determination as to whether there are sufficient facts HB3243- 285 -LRB104 10408 AAS 20483 b 1to warrant further investigation or action. Failure to make 2that determination within the time provided shall be deemed to 3be a determination that there are not sufficient facts to 4warrant further investigation or action. Should the Board find 5that there are not sufficient facts to warrant further 6investigation or action, the report shall be accepted for 7filing and the matter shall be deemed closed and so reported. 8The individual or entity filing the original report or 9complaint and the person who is the subject of the report or 10complaint shall be notified in writing by the Board of any 11final action on their report or complaint. 12 (f) (Blank). 13 (g) Any violation of this Section shall constitute a Class 14A misdemeanor. 15 (h) If a person violates the provisions of this Section, 16an action may be brought in the name of the People of the State 17of Illinois, through the Attorney General of the State of 18Illinois, for an order enjoining the violation or for an order 19enforcing compliance with this Section. Upon filing of a 20petition in court, the court may issue a temporary restraining 21order without notice or bond and may preliminarily or 22permanently enjoin the violation, and if it is established 23that the person has violated or is violating the injunction, 24the court may punish the offender for contempt of court. 25Proceedings under this subsection shall be in addition to, and 26not in lieu of, all other remedies and penalties provided for HB3243- 286 -LRB104 10408 AAS 20483 b 1by this Section. 2 (i) The Department may adopt rules to implement the 3changes made by this amendatory Act of the 102nd General 4Assembly. 5(Source: P.A. 102-1117, eff. 1-13-23.) 6 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45) 7 (Section scheduled to be repealed on January 1, 2028) 8 Sec. 70-5. Grounds for disciplinary action. 9 (a) The Department may refuse to issue or to renew, or may 10revoke, suspend, place on probation, reprimand, or take other 11disciplinary or non-disciplinary action as the Department may 12deem appropriate, including fines not to exceed $10,000 per 13violation, with regard to a license for any one or combination 14of the causes set forth in subsection (b) below. All fines 15collected under this Section shall be deposited in the Nursing 16Dedicated and Professional Fund. 17 (b) Grounds for disciplinary action include the following: 18 (1) Material deception in furnishing information to 19 the Department. 20 (2) Material violations of any provision of this Act 21 or violation of the rules of or final administrative 22 action of the Secretary, after consideration of the 23 recommendation of the Board. 24 (3) Conviction by plea of guilty or nolo contendere, 25 finding of guilt, jury verdict, or entry of judgment or by HB3243- 287 -LRB104 10408 AAS 20483 b 1 sentencing of any crime, including, but not limited to, 2 convictions, preceding sentences of supervision, 3 conditional discharge, or first offender probation, under 4 the laws of any jurisdiction of the United States: (i) 5 that is a felony; or (ii) that is a misdemeanor, an 6 essential element of which is dishonesty, or that is 7 directly related to the practice of the profession. 8 (4) A pattern of practice or other behavior which 9 demonstrates incapacity or incompetency to practice under 10 this Act. 11 (5) Knowingly aiding or assisting another person in 12 violating any provision of this Act or rules. 13 (6) Failing, within 90 days, to provide a response to 14 a request for information in response to a written request 15 made by the Department by certified or registered mail or 16 by email to the email address of record. 17 (7) Engaging in dishonorable, unethical, or 18 unprofessional conduct of a character likely to deceive, 19 defraud, or harm the public, as defined by rule. 20 (8) Unlawful taking, theft, selling, distributing, or 21 manufacturing of any drug, narcotic, or prescription 22 device. 23 (9) Habitual or excessive use or addiction to alcohol, 24 narcotics, stimulants, or any other chemical agent or drug 25 that could result in a licensee's inability to practice 26 with reasonable judgment, skill, or safety. HB3243- 288 -LRB104 10408 AAS 20483 b 1 (10) Discipline by another U.S. jurisdiction or 2 foreign nation, if at least one of the grounds for the 3 discipline is the same or substantially equivalent to 4 those set forth in this Section. 5 (11) A finding that the licensee, after having her or 6 his license placed on probationary status or subject to 7 conditions or restrictions, has violated the terms of 8 probation or failed to comply with such terms or 9 conditions. 10 (12) Being named as a perpetrator in an indicated 11 report by the Department of Children and Family Services 12 and under the Abused and Neglected Child Reporting Act, 13 and upon proof by clear and convincing evidence that the 14 licensee has caused a child to be an abused child or 15 neglected child as defined in the Abused and Neglected 16 Child Reporting Act. 17 (13) Willful omission to file or record, or willfully 18 impeding the filing or recording or inducing another 19 person to omit to file or record medical reports as 20 required by law. 21 (13.5) Willfully failing to report an instance of 22 suspected child abuse or neglect as required by the Abused 23 and Neglected Child Reporting Act. 24 (14) Gross negligence in the practice of practical, 25 professional, or advanced practice registered nursing. 26 (15) Holding oneself out to be practicing nursing HB3243- 289 -LRB104 10408 AAS 20483 b 1 under any name other than one's own. 2 (16) Failure of a licensee to report to the Department 3 any adverse final action taken against him or her by 4 another licensing jurisdiction of the United States or any 5 foreign state or country, any peer review body, any health 6 care institution, any professional or nursing society or 7 association, any governmental agency, any law enforcement 8 agency, or any court or a nursing liability claim related 9 to acts or conduct similar to acts or conduct that would 10 constitute grounds for action as defined in this Section. 11 (17) Failure of a licensee to report to the Department 12 surrender by the licensee of a license or authorization to 13 practice nursing or advanced practice registered nursing 14 in another state or jurisdiction or current surrender by 15 the licensee of membership on any nursing staff or in any 16 nursing or advanced practice registered nursing or 17 professional association or society while under 18 disciplinary investigation by any of those authorities or 19 bodies for acts or conduct similar to acts or conduct that 20 would constitute grounds for action as defined by this 21 Section. 22 (18) Failing, within 60 days, to provide information 23 in response to a written request made by the Department. 24 (19) Failure to establish and maintain records of 25 patient care and treatment as required by law. 26 (20) Fraud, deceit, or misrepresentation in applying HB3243- 290 -LRB104 10408 AAS 20483 b 1 for or procuring a license under this Act or in connection 2 with applying for renewal of a license under this Act. 3 (21) Allowing another person or organization to use 4 the licensee's license to deceive the public. 5 (22) Willfully making or filing false records or 6 reports in the licensee's practice, including, but not 7 limited to, false records to support claims against the 8 medical assistance program of the Department of Healthcare 9 and Family Services (formerly Department of Public Aid) 10 under the Illinois Public Aid Code. 11 (23) Attempting to subvert or cheat on a licensing 12 examination administered under this Act. 13 (24) Immoral conduct in the commission of an act, 14 including, but not limited to, sexual abuse, sexual 15 misconduct, or sexual exploitation, related to the 16 licensee's practice. 17 (25) Willfully or negligently violating the 18 confidentiality between nurse and patient except as 19 required by law. 20 (26) Practicing under a false or assumed name, except 21 as provided by law. 22 (27) The use of any false, fraudulent, or deceptive 23 statement in any document connected with the licensee's 24 practice. 25 (28) Directly or indirectly giving to or receiving 26 from a person, firm, corporation, partnership, or HB3243- 291 -LRB104 10408 AAS 20483 b 1 association a fee, commission, rebate, or other form of 2 compensation for professional services not actually or 3 personally rendered. Nothing in this paragraph (28) 4 affects any bona fide independent contractor or employment 5 arrangements among health care professionals, health 6 facilities, health care providers, or other entities, 7 except as otherwise prohibited by law. Any employment 8 arrangements may include provisions for compensation, 9 health insurance, pension, or other employment benefits 10 for the provision of services within the scope of the 11 licensee's practice under this Act. Nothing in this 12 paragraph (28) shall be construed to require an employment 13 arrangement to receive professional fees for services 14 rendered. 15 (29) A violation of the Health Care Worker 16 Self-Referral Act. 17 (30) Physical illness, mental illness, or disability 18 that results in the inability to practice the profession 19 with reasonable judgment, skill, or safety. 20 (31) Exceeding the terms of a collaborative agreement 21 or the prescriptive authority delegated to a licensee by 22 his or her collaborating physician or podiatric physician 23 in guidelines established under a written collaborative 24 agreement. 25 (32) Making a false or misleading statement regarding 26 a licensee's skill or the efficacy or value of the HB3243- 292 -LRB104 10408 AAS 20483 b 1 medicine, treatment, or remedy prescribed by him or her in 2 the course of treatment. 3 (33) Prescribing, selling, administering, 4 distributing, giving, or self-administering a drug 5 classified as a controlled substance (designated product) 6 or narcotic for other than medically accepted therapeutic 7 purposes. 8 (34) Promotion of the sale of drugs, devices, 9 appliances, or goods provided for a patient in a manner to 10 exploit the patient for financial gain. 11 (35) Violating State or federal laws, rules, or 12 regulations relating to controlled substances. 13 (36) Willfully or negligently violating the 14 confidentiality between an advanced practice registered 15 nurse, collaborating physician, dentist, or podiatric 16 physician and a patient, except as required by law. 17 (37) Willfully failing to report an instance of 18 suspected abuse, neglect, financial exploitation, or 19 self-neglect of an eligible adult as defined in and 20 required by the Adult Protective Services Act. 21 (38) Being named as an abuser in a verified report by 22 the Department on Aging and under the Adult Protective 23 Services Act, and upon proof by clear and convincing 24 evidence that the licensee abused, neglected, or 25 financially exploited an eligible adult as defined in the 26 Adult Protective Services Act. HB3243- 293 -LRB104 10408 AAS 20483 b 1 (39) A violation of any provision of this Act or any 2 rules adopted under this Act. 3 (40) Violating the Compassionate Use of Medical 4 Cannabis Program Act. 5 (b-5) The Department shall not revoke, suspend, summarily 6suspend, place on probation, reprimand, refuse to issue or 7renew, or take any other disciplinary or non-disciplinary 8action against the license or permit issued under this Act to 9practice as a registered nurse or an advanced practice 10registered nurse based solely upon the registered nurse or 11advanced practice registered nurse providing, authorizing, 12recommending, aiding, assisting, referring for, or otherwise 13participating in any health care service, so long as the care 14was not unlawful under the laws of this State, regardless of 15whether the patient was a resident of this State or another 16state. 17 (b-10) The Department shall not revoke, suspend, summarily 18suspend, place on prohibition, reprimand, refuse to issue or 19renew, or take any other disciplinary or non-disciplinary 20action against the license or permit issued under this Act to 21practice as a registered nurse or an advanced practice 22registered nurse based upon the registered nurse's or advanced 23practice registered nurse's license being revoked or 24suspended, or the registered nurse or advanced practice 25registered nurse being otherwise disciplined by any other 26state, if that revocation, suspension, or other form of HB3243- 294 -LRB104 10408 AAS 20483 b 1discipline was based solely on the registered nurse or 2advanced practice registered nurse violating another state's 3laws prohibiting the provision of, authorization of, 4recommendation of, aiding or assisting in, referring for, or 5participation in any health care service if that health care 6service as provided would not have been unlawful under the 7laws of this State and is consistent with the standards of 8conduct for the registered nurse or advanced practice 9registered nurse practicing in Illinois. 10 (b-15) The conduct specified in subsections (b-5) and 11(b-10) shall not trigger reporting requirements under Section 1265-65 or constitute grounds for suspension under Section 1370-60. 14 (b-20) An applicant seeking licensure, certification, or 15authorization under this Act who has been subject to 16disciplinary action by a duly authorized professional 17disciplinary agency of another jurisdiction solely on the 18basis of having provided, authorized, recommended, aided, 19assisted, referred for, or otherwise participated in health 20care shall not be denied such licensure, certification, or 21authorization, unless the Department determines that such 22action would have constituted professional misconduct in this 23State; however, nothing in this Section shall be construed as 24prohibiting the Department from evaluating the conduct of such 25applicant and making a determination regarding the licensure, 26certification, or authorization to practice a profession under HB3243- 295 -LRB104 10408 AAS 20483 b 1this Act. 2 (c) The determination by a circuit court that a licensee 3is subject to involuntary admission or judicial admission as 4provided in the Mental Health and Developmental Disabilities 5Code, as amended, operates as an automatic suspension. The 6suspension will end only upon a finding by a court that the 7patient is no longer subject to involuntary admission or 8judicial admission and issues an order so finding and 9discharging the patient; and upon the recommendation of the 10Board to the Secretary that the licensee be allowed to resume 11his or her practice. 12 (d) The Department may refuse to issue or may suspend or 13otherwise discipline the license of any person who fails to 14file a return, or to pay the tax, penalty or interest shown in 15a filed return, or to pay any final assessment of the tax, 16penalty, or interest as required by any tax Act administered 17by the Department of Revenue, until such time as the 18requirements of any such tax Act are satisfied. 19 (e) In enforcing this Act, the Department, upon a showing 20of a possible violation, may compel an individual licensed to 21practice under this Act or who has applied for licensure under 22this Act, to submit to a mental or physical examination, or 23both, as required by and at the expense of the Department. The 24Department may order the examining physician to present 25testimony concerning the mental or physical examination of the 26licensee or applicant. No information shall be excluded by HB3243- 296 -LRB104 10408 AAS 20483 b 1reason of any common law or statutory privilege relating to 2communications between the licensee or applicant and the 3examining physician. The examining physicians shall be 4specifically designated by the Department. The individual to 5be examined may have, at his or her own expense, another 6physician of his or her choice present during all aspects of 7this examination. Failure of an individual to submit to a 8mental or physical examination, when directed, shall result in 9an automatic suspension without hearing. 10 All substance-related violations shall mandate an 11automatic substance abuse assessment. Failure to submit to an 12assessment by a licensed physician who is certified as an 13addictionist or an advanced practice registered nurse with 14specialty certification in addictions may be grounds for an 15automatic suspension, as defined by rule. 16 If the Department finds an individual unable to practice 17or unfit for duty because of the reasons set forth in this 18subsection (e), the Department may require that individual to 19submit to a substance abuse evaluation or treatment by 20individuals or programs approved or designated by the 21Department, as a condition, term, or restriction for 22continued, restored, or renewed licensure to practice; or, in 23lieu of evaluation or treatment, the Department may file, or 24the Board may recommend to the Department to file, a complaint 25to immediately suspend, revoke, or otherwise discipline the 26license of the individual. An individual whose license was HB3243- 297 -LRB104 10408 AAS 20483 b 1granted, continued, restored, renewed, disciplined, or 2supervised subject to such terms, conditions, or restrictions, 3and who fails to comply with such terms, conditions, or 4restrictions, shall be referred to the Secretary for a 5determination as to whether the individual shall have his or 6her license suspended immediately, pending a hearing by the 7Department. 8 In instances in which the Secretary immediately suspends a 9person's license under this subsection (e), a hearing on that 10person's license must be convened by the Department within 15 11days after the suspension and completed without appreciable 12delay. The Department and Board shall have the authority to 13review the subject individual's record of treatment and 14counseling regarding the impairment to the extent permitted by 15applicable federal statutes and regulations safeguarding the 16confidentiality of medical records. 17 An individual licensed under this Act and affected under 18this subsection (e) shall be afforded an opportunity to 19demonstrate to the Department that he or she can resume 20practice in compliance with nursing standards under the 21provisions of his or her license. 22 (f) The Department may adopt rules to implement the 23changes made by this amendatory Act of the 102nd General 24Assembly. 25(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21; 26102-1117, eff. 1-13-23.) HB3243- 298 -LRB104 10408 AAS 20483 b 1 Section 5-105. The Pharmacy Practice Act is amended by 2changing Sections 30, 30.1, and 43 as follows: 3 (225 ILCS 85/30) (from Ch. 111, par. 4150) 4 (Section scheduled to be repealed on January 1, 2028) 5 Sec. 30. Refusal, revocation, suspension, or other 6discipline. 7 (a) The Department may refuse to issue or renew, or may 8revoke a license, or may suspend, place on probation, fine, or 9take any disciplinary or non-disciplinary action as the 10Department may deem proper, including fines not to exceed 11$10,000 for each violation, with regard to any licensee for 12any one or combination of the following causes: 13 1. Material misstatement in furnishing information to 14 the Department. 15 2. Violations of this Act, or the rules promulgated 16 hereunder. 17 3. Making any misrepresentation for the purpose of 18 obtaining licenses. 19 4. A pattern of conduct which demonstrates 20 incompetence or unfitness to practice. 21 5. Aiding or assisting another person in violating any 22 provision of this Act or rules. 23 6. Failing, within 60 days, to respond to a written 24 request made by the Department for information. HB3243- 299 -LRB104 10408 AAS 20483 b 1 7. Engaging in unprofessional, dishonorable, or 2 unethical conduct of a character likely to deceive, 3 defraud or harm the public as defined by rule. 4 8. Adverse action taken by another state or 5 jurisdiction against a license or other authorization to 6 practice as a pharmacy, pharmacist, registered certified 7 pharmacy technician, or registered pharmacy technician 8 that is the same or substantially equivalent to those set 9 forth in this Section, a certified copy of the record of 10 the action taken by the other state or jurisdiction being 11 prima facie evidence thereof. 12 9. Directly or indirectly giving to or receiving from 13 any person, firm, corporation, partnership, or association 14 any fee, commission, rebate or other form of compensation 15 for any professional services not actually or personally 16 rendered. Nothing in this item 9 affects any bona fide 17 independent contractor or employment arrangements among 18 health care professionals, health facilities, health care 19 providers, or other entities, except as otherwise 20 prohibited by law. Any employment arrangements may include 21 provisions for compensation, health insurance, pension, or 22 other employment benefits for the provision of services 23 within the scope of the licensee's practice under this 24 Act. Nothing in this item 9 shall be construed to require 25 an employment arrangement to receive professional fees for 26 services rendered. HB3243- 300 -LRB104 10408 AAS 20483 b 1 10. A finding by the Department that the licensee, 2 after having his license placed on probationary status, 3 has violated the terms of probation. 4 11. Selling or engaging in the sale of drug samples 5 provided at no cost by drug manufacturers. 6 12. Physical illness, including, but not limited to, 7 deterioration through the aging process, or loss of motor 8 skill which results in the inability to practice the 9 profession with reasonable judgment, skill or safety. 10 13. A finding that licensure or registration has been 11 applied for or obtained by fraudulent means. 12 14. Conviction by plea of guilty or nolo contendere, 13 finding of guilt, jury verdict, or entry of judgment or 14 sentencing, including, but not limited to, convictions, 15 preceding sentences of supervision, conditional discharge, 16 or first offender probation, under the laws of any 17 jurisdiction of the United States that is (i) a felony or 18 (ii) a misdemeanor, an essential element of which is 19 dishonesty, or that is directly related to the practice of 20 pharmacy or involves controlled substances. 21 15. Habitual or excessive use or addiction to alcohol, 22 narcotics, stimulants or any other chemical agent or drug 23 which results in the inability to practice with reasonable 24 judgment, skill or safety. 25 16. Willfully making or filing false records or 26 reports in the practice of pharmacy, including, but not HB3243- 301 -LRB104 10408 AAS 20483 b 1 limited to, false records to support claims against the 2 medical assistance program of the Department of Healthcare 3 and Family Services (formerly Department of Public Aid) 4 under the Public Aid Code. 5 17. Gross and willful overcharging for professional 6 services including filing false statements for collection 7 of fees for which services are not rendered, including, 8 but not limited to, filing false statements for collection 9 of monies for services not rendered from the medical 10 assistance program of the Department of Healthcare and 11 Family Services (formerly Department of Public Aid) under 12 the Public Aid Code. 13 18. Dispensing prescription drugs without receiving a 14 written or oral prescription in violation of law. 15 19. Upon a finding of a substantial discrepancy in a 16 Department audit of a prescription drug, including 17 controlled substances, as that term is defined in this Act 18 or in the Illinois Controlled Substances Act. 19 20. Physical or mental illness or any other impairment 20 or disability, including, without limitation: (A) 21 deterioration through the aging process or loss of motor 22 skills that results in the inability to practice with 23 reasonable judgment, skill or safety; or (B) mental 24 incompetence, as declared by a court of competent 25 jurisdiction. 26 21. Violation of the Health Care Worker Self-Referral HB3243- 302 -LRB104 10408 AAS 20483 b 1 Act. 2 22. Failing to sell or dispense any drug, medicine, or 3 poison in good faith. "Good faith", for the purposes of 4 this Section, has the meaning ascribed to it in subsection 5 (u) of Section 102 of the Illinois Controlled Substances 6 Act. "Good faith", as used in this item (22), shall not be 7 limited to the sale or dispensing of controlled 8 substances, but shall apply to all prescription drugs. 9 23. Interfering with the professional judgment of a 10 pharmacist by any licensee under this Act, or the 11 licensee's agents or employees. 12 24. Failing to report within 60 days to the Department 13 any adverse final action taken against a pharmacy, 14 pharmacist, registered pharmacy technician, or registered 15 certified pharmacy technician by another licensing 16 jurisdiction in any other state or any territory of the 17 United States or any foreign jurisdiction, any 18 governmental agency, any law enforcement agency, or any 19 court for acts or conduct similar to acts or conduct that 20 would constitute grounds for discipline as defined in this 21 Section. 22 25. Failing to comply with a subpoena issued in 23 accordance with Section 35.5 of this Act. 24 26. Disclosing protected health information in 25 violation of any State or federal law. 26 27. Willfully failing to report an instance of HB3243- 303 -LRB104 10408 AAS 20483 b 1 suspected abuse, neglect, financial exploitation, or 2 self-neglect of an eligible adult as defined in and 3 required by the Adult Protective Services Act. 4 28. Being named as an abuser in a verified report by 5 the Department on Aging under the Adult Protective 6 Services Act, and upon proof by clear and convincing 7 evidence that the licensee abused, neglected, or 8 financially exploited an eligible adult as defined in the 9 Adult Protective Services Act. 10 29. Using advertisements or making solicitations that 11 may jeopardize the health, safety, or welfare of patients, 12 including, but not limited to, the use of advertisements 13 or solicitations that: 14 (A) are false, fraudulent, deceptive, or 15 misleading; or 16 (B) include any claim regarding a professional 17 service or product or the cost or price thereof that 18 cannot be substantiated by the licensee. 19 30. Requiring a pharmacist to participate in the use 20 or distribution of advertisements or in making 21 solicitations that may jeopardize the health, safety, or 22 welfare of patients. 23 31. Failing to provide a working environment for all 24 pharmacy personnel that protects the health, safety, and 25 welfare of a patient, which includes, but is not limited 26 to, failing to: HB3243- 304 -LRB104 10408 AAS 20483 b 1 (A) employ sufficient personnel to prevent 2 fatigue, distraction, or other conditions that 3 interfere with a pharmacist's ability to practice with 4 competency and safety or creates an environment that 5 jeopardizes patient care; 6 (B) provide appropriate opportunities for 7 uninterrupted rest periods and meal breaks; 8 (C) provide adequate time for a pharmacist to 9 complete professional duties and responsibilities, 10 including, but not limited to: 11 (i) drug utilization review; 12 (ii) immunization; 13 (iii) counseling; 14 (iv) verification of the accuracy of a 15 prescription; and 16 (v) all other duties and responsibilities of a 17 pharmacist as listed in the rules of the 18 Department. 19 32. Introducing or enforcing external factors, such as 20 productivity or production quotas or other programs 21 against pharmacists, student pharmacists or pharmacy 22 technicians, to the extent that they interfere with the 23 ability of those individuals to provide appropriate 24 professional services to the public. 25 33. Providing an incentive for or inducing the 26 transfer of a prescription for a patient absent a HB3243- 305 -LRB104 10408 AAS 20483 b 1 professional rationale. 2 (b) The Department may refuse to issue or may suspend the 3license of any person who fails to file a return, or to pay the 4tax, penalty or interest shown in a filed return, or to pay any 5final assessment of tax, penalty or interest, as required by 6any tax Act administered by the Illinois Department of 7Revenue, until such time as the requirements of any such tax 8Act are satisfied. 9 (c) The Department shall revoke any license issued under 10the provisions of this Act or any prior Act of this State of 11any person who has been convicted a second time of committing 12any felony under the Illinois Controlled Substances Act, or 13who has been convicted a second time of committing a Class 1 14felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid 15Code. A person whose license issued under the provisions of 16this Act or any prior Act of this State is revoked under this 17subsection (c) shall be prohibited from engaging in the 18practice of pharmacy in this State. 19 (c-5) The Department shall not revoke, suspend, summarily 20suspend, place on prohibition, reprimand, refuse to issue or 21renew, or take any other disciplinary or non-disciplinary 22action against the license or permit issued under this Act to 23practice as a pharmacist, registered pharmacy technician, or 24registered certified pharmacy technician based solely upon the 25pharmacist, registered pharmacy technician, or registered 26certified pharmacy technician providing, authorizing, HB3243- 306 -LRB104 10408 AAS 20483 b 1recommending, aiding, assisting, referring for, or otherwise 2participating in any health care service, so long as the care 3was not unlawful under the laws of this State, regardless of 4whether the patient was a resident of this State or another 5state. 6 (c-10) The Department shall not revoke, suspend, summarily 7suspend, place on prohibition, reprimand, refuse to issue or 8renew, or take any other disciplinary or non-disciplinary 9action against the license or permit issued under this Act to 10practice as a pharmacist, registered pharmacy technician, or 11registered certified pharmacy technician based upon the 12pharmacist's, registered pharmacy technician's, or registered 13certified pharmacy technician's license being revoked or 14suspended, or the pharmacist being otherwise disciplined by 15any other state, if that revocation, suspension, or other form 16of discipline was based solely on the pharmacist, registered 17pharmacy technician, or registered certified pharmacy 18technician violating another state's laws prohibiting the 19provision of, authorization of, recommendation of, aiding or 20assisting in, referring for, or participation in any health 21care service if that health care service as provided would not 22have been unlawful under the laws of this State and is 23consistent with the standards of conduct for a pharmacist, 24registered pharmacy technician, or registered certified 25pharmacy technician practicing in Illinois. 26 (c-15) The conduct specified in subsections (c-5) and HB3243- 307 -LRB104 10408 AAS 20483 b 1(c-10) shall not constitute grounds for suspension under 2Section 35.16. 3 (c-20) An applicant seeking licensure, certification, or 4authorization pursuant to this Act who has been subject to 5disciplinary action by a duly authorized professional 6disciplinary agency of another jurisdiction solely on the 7basis of having provided, authorized, recommended, aided, 8assisted, referred for, or otherwise participated in health 9care shall not be denied such licensure, certification, or 10authorization, unless the Department determines that such 11action would have constituted professional misconduct in this 12State; however, nothing in this Section shall be construed as 13prohibiting the Department from evaluating the conduct of such 14applicant and making a determination regarding the licensure, 15certification, or authorization to practice a profession under 16this Act. 17 (d) Fines may be imposed in conjunction with other forms 18of disciplinary action, but shall not be the exclusive 19disposition of any disciplinary action arising out of conduct 20resulting in death or injury to a patient. Fines shall be paid 21within 60 days or as otherwise agreed to by the Department. Any 22funds collected from such fines shall be deposited in the 23Illinois State Pharmacy Disciplinary Fund. 24 (e) The entry of an order or judgment by any circuit court 25establishing that any person holding a license or certificate 26under this Act is a person in need of mental treatment operates HB3243- 308 -LRB104 10408 AAS 20483 b 1as a suspension of that license. A licensee may resume his or 2her practice only upon the entry of an order of the Department 3based upon a finding by the Board that he or she has been 4determined to be recovered from mental illness by the court 5and upon the Board's recommendation that the licensee be 6permitted to resume his or her practice. 7 (f) The Department shall issue quarterly to the Board a 8status of all complaints related to the profession received by 9the Department. 10 (g) In enforcing this Section, the Board or the 11Department, upon a showing of a possible violation, may compel 12any licensee or applicant for licensure under this Act to 13submit to a mental or physical examination or both, as 14required by and at the expense of the Department. The 15examining physician, or multidisciplinary team involved in 16providing physical and mental examinations led by a physician 17consisting of one or a combination of licensed physicians, 18licensed clinical psychologists, licensed clinical social 19workers, licensed clinical professional counselors, and other 20professional and administrative staff, shall be those 21specifically designated by the Department. The Board or the 22Department may order the examining physician or any member of 23the multidisciplinary team to present testimony concerning 24this mental or physical examination of the licensee or 25applicant. No information, report, or other documents in any 26way related to the examination shall be excluded by reason of HB3243- 309 -LRB104 10408 AAS 20483 b 1any common law or statutory privilege relating to 2communication between the licensee or applicant and the 3examining physician or any member of the multidisciplinary 4team. The individual to be examined may have, at his or her own 5expense, another physician of his or her choice present during 6all aspects of the examination. Failure of any individual to 7submit to a mental or physical examination when directed shall 8result in the automatic suspension of his or her license until 9such time as the individual submits to the examination. If the 10Board or Department finds a pharmacist, registered certified 11pharmacy technician, or registered pharmacy technician unable 12to practice because of the reasons set forth in this Section, 13the Board or Department shall require such pharmacist, 14registered certified pharmacy technician, or registered 15pharmacy technician to submit to care, counseling, or 16treatment by physicians or other appropriate health care 17providers approved or designated by the Department as a 18condition for continued, restored, or renewed licensure to 19practice. Any pharmacist, registered certified pharmacy 20technician, or registered pharmacy technician whose license 21was granted, continued, restored, renewed, disciplined, or 22supervised, subject to such terms, conditions, or 23restrictions, and who fails to comply with such terms, 24conditions, or restrictions or to complete a required program 25of care, counseling, or treatment, as determined by the chief 26pharmacy coordinator, shall be referred to the Secretary for a HB3243- 310 -LRB104 10408 AAS 20483 b 1determination as to whether the licensee shall have his or her 2license suspended immediately, pending a hearing by the Board. 3In instances in which the Secretary immediately suspends a 4license under this subsection (g), a hearing upon such 5person's license must be convened by the Board within 15 days 6after such suspension and completed without appreciable delay. 7The Department and Board shall have the authority to review 8the subject pharmacist's, registered certified pharmacy 9technician's, or registered pharmacy technician's record of 10treatment and counseling regarding the impairment. 11 (h) An individual or organization acting in good faith, 12and not in a willful and wanton manner, in complying with this 13Section by providing a report or other information to the 14Board, by assisting in the investigation or preparation of a 15report or information, by participating in proceedings of the 16Board, or by serving as a member of the Board shall not, as a 17result of such actions, be subject to criminal prosecution or 18civil damages. Any person who reports a violation of this 19Section to the Department is protected under subsection (b) of 20Section 15 of the Whistleblower Act. 21 (i) Members of the Board shall have no liability in any 22action based upon any disciplinary proceedings or other 23activity performed in good faith as a member of the Board. The 24Attorney General shall defend all such actions unless he or 25she determines either that there would be a conflict of 26interest in such representation or that the actions complained HB3243- 311 -LRB104 10408 AAS 20483 b 1of were not in good faith or were willful and wanton. 2 If the Attorney General declines representation, the 3member shall have the right to employ counsel of his or her 4choice, whose fees shall be provided by the State, after 5approval by the Attorney General, unless there is a 6determination by a court that the member's actions were not in 7good faith or were willful and wanton. 8 The member must notify the Attorney General within 7 days 9of receipt of notice of the initiation of any action involving 10services of the Board. Failure to so notify the Attorney 11General shall constitute an absolute waiver of the right to a 12defense and indemnification. 13 The Attorney General shall determine, within 7 days after 14receiving such notice, whether he or she will undertake to 15represent the member. 16 (j) The Department may adopt rules to implement the 17changes made by this amendatory Act of the 102nd General 18Assembly. 19(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23; 20102-1117, eff. 1-13-23.) 21 (225 ILCS 85/30.1) 22 (Section scheduled to be repealed on January 1, 2028) 23 Sec. 30.1. Reporting. 24 (a) When a pharmacist, registered certified pharmacy 25technician, or a registered pharmacy technician licensed by HB3243- 312 -LRB104 10408 AAS 20483 b 1the Department is terminated for actions which may have 2threatened patient safety, the pharmacy or 3pharmacist-in-charge, pursuant to the policies and procedures 4of the pharmacy at which he or she is employed, shall report 5the termination to the chief pharmacy coordinator. Such 6reports shall be strictly confidential and may be reviewed and 7considered only by the members of the Board or by authorized 8Department staff. Such reports, and any records associated 9with such reports, are exempt from public disclosure and the 10Freedom of Information Act. Although the reports are exempt 11from disclosure, any formal complaint filed against a licensee 12or registrant by the Department or any order issued by the 13Department against a licensee, registrant, or applicant shall 14be a public record, except as otherwise prohibited by law. A 15pharmacy shall not take any adverse action, including, but not 16limited to, disciplining or terminating a pharmacist, 17registered certified pharmacy technician, or registered 18pharmacy technician, as a result of an adverse action against 19the person's license or clinical privileges or other 20disciplinary action by another state or health care 21institution that resulted from the pharmacist's, registered 22certified pharmacy technician's, or registered pharmacy 23technician's provision of, authorization of, recommendation 24of, aiding or assistance with, referral for, or participation 25in any health care service, if the adverse action was based 26solely on a violation of the other state's law prohibiting the HB3243- 313 -LRB104 10408 AAS 20483 b 1provision such health care and related services in the state 2or for a resident of the state. 3 (b) The report shall be submitted to the chief pharmacy 4coordinator in a timely fashion. Unless otherwise provided in 5this Section, the reports shall be filed in writing, on forms 6provided by the Department, within 60 days after a pharmacy's 7determination that a report is required under this Act. All 8reports shall contain only the following information: 9 (1) The name, address, and telephone number of the 10 person making the report. 11 (2) The name, license number, and last known address 12 and telephone number of the person who is the subject of 13 the report. 14 (3) A brief description of the facts which gave rise 15 to the issuance of the report, including dates of 16 occurrence. 17 (c) The contents of any report and any records associated 18with such report shall be strictly confidential and may only 19be reviewed by: 20 (1) members of the Board of Pharmacy; 21 (2) the Board of Pharmacy's designated attorney; 22 (3) administrative personnel assigned to open mail 23 containing reports, to process and distribute reports to 24 authorized persons, and to communicate with senders of 25 reports; 26 (4) Department investigators and Department HB3243- 314 -LRB104 10408 AAS 20483 b 1 prosecutors; or 2 (5) attorneys from the Office of the Illinois Attorney 3 General representing the Department in litigation in 4 response to specific disciplinary action the Department 5 has taken or initiated against a specific individual 6 pursuant to this Section. 7 (d) Whenever a pharmacy or pharmacist-in-charge makes a 8report and provides any records associated with that report to 9the Department, acts in good faith, and not in a willful and 10wanton manner, the person or entity making the report and the 11pharmacy or health care institution employing him or her shall 12not, as a result of such actions, be subject to criminal 13prosecution or civil damages. 14 (e) The Department may adopt rules to implement the 15changes made by this amendatory Act of the 102nd General 16Assembly. 17(Source: P.A. 102-1117, eff. 1-13-23.) 18 (225 ILCS 85/43) 19 (Section scheduled to be repealed on January 1, 2028) 20 Sec. 43. Dispensation of hormonal contraceptives. 21 (a) The dispensing of hormonal contraceptives to a patient 22shall be pursuant to a valid prescription, or pursuant to a 23standing order by a physician licensed to practice medicine in 24all its branches or , a standing order by the medical director 25of a local health department, or a standing order by the HB3243- 315 -LRB104 10408 AAS 20483 b 1Department of Public Health pursuant to the following: 2 (1) a pharmacist may dispense no more than a 12-month 3 supply of hormonal contraceptives to a patient; 4 (2) a pharmacist must complete an educational training 5 program accredited by the Accreditation Council for 6 Pharmacy Education and approved by the Department that is 7 related to the patient self-screening risk assessment, 8 patient assessment contraceptive counseling and education, 9 and dispensation of hormonal contraceptives; 10 (3) a pharmacist shall have the patient complete the 11 self-screening risk assessment tool; the self-screening 12 risk assessment tool is to be based on the most current 13 version of the United States Medical Eligibility Criteria 14 for Contraceptive Use published by the federal Centers for 15 Disease Control and Prevention; 16 (4) based upon the results of the self-screening risk 17 assessment and the patient assessment, the pharmacist 18 shall use his or her professional and clinical judgment as 19 to when a patient should be referred to the patient's 20 physician or another health care provider; 21 (5) a pharmacist shall provide, during the patient 22 assessment and consultation, counseling and education 23 about all methods of contraception, including methods not 24 covered under the standing order, and their proper use and 25 effectiveness; 26 (6) the patient consultation shall take place in a HB3243- 316 -LRB104 10408 AAS 20483 b 1 private manner; and 2 (7) a pharmacist and pharmacy must maintain 3 appropriate records. 4 (b) The Department may adopt rules to implement this 5Section. 6 (c) Nothing in this Section shall be interpreted to 7require a pharmacist to dispense hormonal contraception under 8a standing order issued by a physician licensed to practice 9medicine in all its branches or the medical director of a local 10health department. 11 (d) Notwithstanding any other provision of the law to the 12contrary, a pharmacist may dispense hormonal contraceptives in 13conformance with standing orders issued pursuant to this 14Section without prior establishment of a relationship between 15the pharmacist and the person receiving hormonal 16contraception. 17 (e) No employee of the Department of Public Health issuing 18a standing order pursuant to this Section shall, as a result of 19the employee's acts or omissions in issuing the standing order 20pursuant to this Section, be subject to (i) any disciplinary 21or other adverse action under the Medical Practice Act of 221987, (ii) any civil liability, or (iii) any criminal 23liability. 24(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22; 25102-1117, eff. 1-13-23.) HB3243- 317 -LRB104 10408 AAS 20483 b 1 Section 5-110. The Physician Assistant Practice Act of 21987 is amended by changing Sections 7.5 and 21 as follows: 3 (225 ILCS 95/7.5) 4 (Section scheduled to be repealed on January 1, 2028) 5 Sec. 7.5. Written collaborative agreements; prescriptive 6authority. 7 (a) A written collaborative agreement is required for all 8physician assistants to practice in the State, except as 9provided in Section 7.7 of this Act. 10 (1) A written collaborative agreement shall describe 11 the working relationship of the physician assistant with 12 the collaborating physician and shall describe the 13 categories of care, treatment, or procedures to be 14 provided by the physician assistant. The written 15 collaborative agreement shall promote the exercise of 16 professional judgment by the physician assistant 17 commensurate with his or her education and experience. The 18 services to be provided by the physician assistant shall 19 be services that the collaborating physician is authorized 20 to and generally provides to his or her patients in the 21 normal course of his or her clinical medical practice. The 22 written collaborative agreement need not describe the 23 exact steps that a physician assistant must take with 24 respect to each specific condition, disease, or symptom 25 but must specify which authorized procedures require the HB3243- 318 -LRB104 10408 AAS 20483 b 1 presence of the collaborating physician as the procedures 2 are being performed. The relationship under a written 3 collaborative agreement shall not be construed to require 4 the personal presence of a physician at the place where 5 services are rendered. Methods of communication shall be 6 available for consultation with the collaborating 7 physician in person or by telecommunications or electronic 8 communications as set forth in the written collaborative 9 agreement. For the purposes of this Act, "generally 10 provides to his or her patients in the normal course of his 11 or her clinical medical practice" means services, not 12 specific tasks or duties, the collaborating physician 13 routinely provides individually or through delegation to 14 other persons so that the physician has the experience and 15 ability to collaborate and provide consultation. 16 (2) The written collaborative agreement shall be 17 adequate if a physician does each of the following: 18 (A) Participates in the joint formulation and 19 joint approval of orders or guidelines with the 20 physician assistant and he or she periodically reviews 21 such orders and the services provided patients under 22 such orders in accordance with accepted standards of 23 medical practice and physician assistant practice. 24 (B) Provides consultation at least once a month. 25 (3) A copy of the signed, written collaborative 26 agreement must be available to the Department upon request HB3243- 319 -LRB104 10408 AAS 20483 b 1 from both the physician assistant and the collaborating 2 physician. 3 (4) A physician assistant shall inform each 4 collaborating physician of all written collaborative 5 agreements he or she has signed and provide a copy of these 6 to any collaborating physician upon request. 7 (b) A collaborating physician may, but is not required to, 8delegate prescriptive authority to a physician assistant as 9part of a written collaborative agreement. This authority may, 10but is not required to, include prescription of, selection of, 11orders for, administration of, storage of, acceptance of 12samples of, and dispensing medical devices, over-the-counter 13medications, legend drugs, medical gases, and controlled 14substances categorized as Schedule II through V controlled 15substances, as defined in Article II of the Illinois 16Controlled Substances Act, and other preparations, including, 17but not limited to, botanical and herbal remedies. The 18collaborating physician must have a valid, current Illinois 19controlled substance license and federal registration with the 20Drug Enforcement Administration to delegate the authority to 21prescribe controlled substances. 22 (1) To prescribe Schedule II, III, IV, or V controlled 23 substances under this Section, a physician assistant must 24 obtain a mid-level practitioner controlled substances 25 license. Medication orders issued by a physician assistant 26 shall be reviewed periodically by the collaborating HB3243- 320 -LRB104 10408 AAS 20483 b 1 physician. 2 (2) The collaborating physician shall file with the 3 Department notice of delegation of prescriptive authority 4 to a physician assistant and termination of delegation, 5 specifying the authority delegated or terminated. Upon 6 receipt of this notice delegating authority to prescribe 7 controlled substances, the physician assistant shall be 8 eligible to register for a mid-level practitioner 9 controlled substances license under Section 303.05 of the 10 Illinois Controlled Substances Act. Nothing in this Act 11 shall be construed to limit the delegation of tasks or 12 duties by the collaborating physician to a nurse or other 13 appropriately trained persons in accordance with Section 14 54.2 of the Medical Practice Act of 1987. 15 (3) In addition to the requirements of this subsection 16 (b), a collaborating physician may, but is not required 17 to, delegate authority to a physician assistant to 18 prescribe Schedule II controlled substances, if all of the 19 following conditions apply: 20 (A) Specific Schedule II controlled substances by 21 oral dosage or topical or transdermal application may 22 be delegated, provided that the delegated Schedule II 23 controlled substances are routinely prescribed by the 24 collaborating physician. This delegation must identify 25 the specific Schedule II controlled substances by 26 either brand name or generic name. Schedule II HB3243- 321 -LRB104 10408 AAS 20483 b 1 controlled substances to be delivered by injection or 2 other route of administration may not be delegated. 3 (B) (Blank). 4 (C) Any prescription must be limited to no more 5 than a 30-day supply, with any continuation authorized 6 only after prior approval of the collaborating 7 physician. 8 (D) The physician assistant must discuss the 9 condition of any patients for whom a controlled 10 substance is prescribed monthly with the collaborating 11 physician. 12 (E) The physician assistant meets the education 13 requirements of Section 303.05 of the Illinois 14 Controlled Substances Act. 15 (c) Nothing in this Act shall be construed to limit the 16delegation of tasks or duties by a physician to a licensed 17practical nurse, a registered professional nurse, or other 18persons. Nothing in this Act shall be construed to limit the 19method of delegation that may be authorized by any means, 20including, but not limited to, oral, written, electronic, 21standing orders, protocols, guidelines, or verbal orders. 22Nothing in this Act shall be construed to authorize a 23physician assistant to provide health care services required 24by law or rule to be performed by a physician. Nothing in this 25Act shall be construed to authorize the delegation or 26performance of operative surgery. Nothing in this Section HB3243- 322 -LRB104 10408 AAS 20483 b 1shall be construed to preclude a physician assistant from 2assisting in surgery. 3 (c-5) Nothing in this Section shall be construed to apply 4to any medication authority, including Schedule II controlled 5substances of a licensed physician assistant for care provided 6in a hospital, hospital affiliate, federally qualified health 7center, or ambulatory surgical treatment center pursuant to 8Section 7.7 of this Act. 9 (d) (Blank). 10 (e) Nothing in this Section shall be construed to prohibit 11generic substitution. 12(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24; 13103-605, eff. 7-1-24.) 14 (225 ILCS 95/21) (from Ch. 111, par. 4621) 15 (Section scheduled to be repealed on January 1, 2028) 16 Sec. 21. Grounds for disciplinary action. 17 (a) The Department may refuse to issue or to renew, or may 18revoke, suspend, place on probation, reprimand, or take other 19disciplinary or non-disciplinary action with regard to any 20license issued under this Act as the Department may deem 21proper, including the issuance of fines not to exceed $10,000 22for each violation, for any one or combination of the 23following causes: 24 (1) Material misstatement in furnishing information to 25 the Department. HB3243- 323 -LRB104 10408 AAS 20483 b 1 (2) Violations of this Act, or the rules adopted under 2 this Act. 3 (3) Conviction by plea of guilty or nolo contendere, 4 finding of guilt, jury verdict, or entry of judgment or 5 sentencing, including, but not limited to, convictions, 6 preceding sentences of supervision, conditional discharge, 7 or first offender probation, under the laws of any 8 jurisdiction of the United States that is: (i) a felony; 9 or (ii) a misdemeanor, an essential element of which is 10 dishonesty, or that is directly related to the practice of 11 the profession. 12 (4) Making any misrepresentation for the purpose of 13 obtaining licenses. 14 (5) Professional incompetence. 15 (6) Aiding or assisting another person in violating 16 any provision of this Act or its rules. 17 (7) Failing, within 60 days, to provide information in 18 response to a written request made by the Department. 19 (8) Engaging in dishonorable, unethical, or 20 unprofessional conduct, as defined by rule, of a character 21 likely to deceive, defraud, or harm the public. 22 (9) Habitual or excessive use or addiction to alcohol, 23 narcotics, stimulants, or any other chemical agent or drug 24 that results in a physician assistant's inability to 25 practice with reasonable judgment, skill, or safety. 26 (10) Discipline by another U.S. jurisdiction or HB3243- 324 -LRB104 10408 AAS 20483 b 1 foreign nation, if at least one of the grounds for 2 discipline is the same or substantially equivalent to 3 those set forth in this Section. 4 (11) Directly or indirectly giving to or receiving 5 from any person, firm, corporation, partnership, or 6 association any fee, commission, rebate or other form of 7 compensation for any professional services not actually or 8 personally rendered. Nothing in this paragraph (11) 9 affects any bona fide independent contractor or employment 10 arrangements, which may include provisions for 11 compensation, health insurance, pension, or other 12 employment benefits, with persons or entities authorized 13 under this Act for the provision of services within the 14 scope of the licensee's practice under this Act. 15 (12) A finding by the Board that the licensee, after 16 having his or her license placed on probationary status, 17 has violated the terms of probation. 18 (13) Abandonment of a patient. 19 (14) Willfully making or filing false records or 20 reports in his or her practice, including but not limited 21 to false records filed with State state agencies or 22 departments. 23 (15) Willfully failing to report an instance of 24 suspected child abuse or neglect as required by the Abused 25 and Neglected Child Reporting Act. 26 (16) Physical illness, or mental illness or impairment HB3243- 325 -LRB104 10408 AAS 20483 b 1 that results in the inability to practice the profession 2 with reasonable judgment, skill, or safety, including, but 3 not limited to, deterioration through the aging process or 4 loss of motor skill. 5 (17) Being named as a perpetrator in an indicated 6 report by the Department of Children and Family Services 7 under the Abused and Neglected Child Reporting Act, and 8 upon proof by clear and convincing evidence that the 9 licensee has caused a child to be an abused child or 10 neglected child as defined in the Abused and Neglected 11 Child Reporting Act. 12 (18) (Blank). 13 (19) Gross negligence resulting in permanent injury or 14 death of a patient. 15 (20) Employment of fraud, deception or any unlawful 16 means in applying for or securing a license as a physician 17 assistant. 18 (21) Exceeding the authority delegated to him or her 19 by his or her collaborating physician in a written 20 collaborative agreement. 21 (22) Immoral conduct in the commission of any act, 22 such as sexual abuse, sexual misconduct, or sexual 23 exploitation related to the licensee's practice. 24 (23) Violation of the Health Care Worker Self-Referral 25 Act. 26 (24) Practicing under a false or assumed name, except HB3243- 326 -LRB104 10408 AAS 20483 b 1 as provided by law. 2 (25) Making a false or misleading statement regarding 3 his or her skill or the efficacy or value of the medicine, 4 treatment, or remedy prescribed by him or her in the 5 course of treatment. 6 (26) Allowing another person to use his or her license 7 to practice. 8 (27) Prescribing, selling, administering, 9 distributing, giving, or self-administering a drug 10 classified as a controlled substance for other than 11 medically accepted therapeutic purposes. 12 (28) Promotion of the sale of drugs, devices, 13 appliances, or goods provided for a patient in a manner to 14 exploit the patient for financial gain. 15 (29) A pattern of practice or other behavior that 16 demonstrates incapacity or incompetence to practice under 17 this Act. 18 (30) Violating State or federal laws or regulations 19 relating to controlled substances or other legend drugs or 20 ephedra as defined in the Ephedra Prohibition Act. 21 (31) Exceeding the prescriptive authority delegated by 22 the collaborating physician or violating the written 23 collaborative agreement delegating that authority. 24 (32) Practicing without providing to the Department a 25 notice of collaboration or delegation of prescriptive 26 authority. HB3243- 327 -LRB104 10408 AAS 20483 b 1 (33) Failure to establish and maintain records of 2 patient care and treatment as required by law. 3 (34) Attempting to subvert or cheat on the examination 4 of the National Commission on Certification of Physician 5 Assistants or its successor agency. 6 (35) Willfully or negligently violating the 7 confidentiality between physician assistant and patient, 8 except as required by law. 9 (36) Willfully failing to report an instance of 10 suspected abuse, neglect, financial exploitation, or 11 self-neglect of an eligible adult as defined in and 12 required by the Adult Protective Services Act. 13 (37) Being named as an abuser in a verified report by 14 the Department on Aging under the Adult Protective 15 Services Act and upon proof by clear and convincing 16 evidence that the licensee abused, neglected, or 17 financially exploited an eligible adult as defined in the 18 Adult Protective Services Act. 19 (38) Failure to report to the Department an adverse 20 final action taken against him or her by another licensing 21 jurisdiction of the United States or a foreign state or 22 country, a peer review body, a health care institution, a 23 professional society or association, a governmental 24 agency, a law enforcement agency, or a court acts or 25 conduct similar to acts or conduct that would constitute 26 grounds for action under this Section. HB3243- 328 -LRB104 10408 AAS 20483 b 1 (39) Failure to provide copies of records of patient 2 care or treatment, except as required by law. 3 (40) Entering into an excessive number of written 4 collaborative agreements with licensed physicians 5 resulting in an inability to adequately collaborate. 6 (41) Repeated failure to adequately collaborate with a 7 collaborating physician. 8 (42) Violating the Compassionate Use of Medical 9 Cannabis Program Act. 10 (b) The Department may, without a hearing, refuse to issue 11or renew or may suspend the license of any person who fails to 12file a return, or to pay the tax, penalty or interest shown in 13a filed return, or to pay any final assessment of the tax, 14penalty, or interest as required by any tax Act administered 15by the Illinois Department of Revenue, until such time as the 16requirements of any such tax Act are satisfied. 17 (b-5) The Department shall not revoke, suspend, summarily 18suspend, place on prohibition, reprimand, refuse to issue or 19renew, or take any other disciplinary or non-disciplinary 20action against the license or permit issued under this Act to 21practice as a physician assistant based solely upon the 22physician assistant providing, authorizing, recommending, 23aiding, assisting, referring for, or otherwise participating 24in any health care service, so long as the care was not 25unlawful under the laws of this State, regardless of whether 26the patient was a resident of this State or another state. HB3243- 329 -LRB104 10408 AAS 20483 b 1 (b-10) The Department shall not revoke, suspend, summarily 2suspend, place on prohibition, reprimand, refuse to issue or 3renew, or take any other disciplinary or non-disciplinary 4action against the license or permit issued under this Act to 5practice as a physician assistant based upon the physician 6assistant's license being revoked or suspended, or the 7physician assistant being otherwise disciplined by any other 8state, if that revocation, suspension, or other form of 9discipline was based solely on the physician assistant 10violating another state's laws prohibiting the provision of, 11authorization of, recommendation of, aiding or assisting in, 12referring for, or participation in any health care service if 13that health care service as provided would not have been 14unlawful under the laws of this State and is consistent with 15the standards of conduct for a physician assistant practicing 16in Illinois. 17 (b-15) The conduct specified in subsections (b-5) and 18(b-10) shall not constitute grounds for suspension under 19Section 22.13. 20 (b-20) An applicant seeking licensure, certification, or 21authorization pursuant to this Act who has been subject to 22disciplinary action by a duly authorized professional 23disciplinary agency of another jurisdiction solely on the 24basis of having provided, authorized, recommended, aided, 25assisted, referred for, or otherwise participated in health 26care shall not be denied such licensure, certification, or HB3243- 330 -LRB104 10408 AAS 20483 b 1authorization, unless the Department determines that such 2action would have constituted professional misconduct in this 3State; however, nothing in this Section shall be construed as 4prohibiting the Department from evaluating the conduct of such 5applicant and making a determination regarding the licensure, 6certification, or authorization to practice a profession under 7this Act. 8 (c) The determination by a circuit court that a licensee 9is subject to involuntary admission or judicial admission as 10provided in the Mental Health and Developmental Disabilities 11Code operates as an automatic suspension. The suspension will 12end only upon a finding by a court that the patient is no 13longer subject to involuntary admission or judicial admission 14and issues an order so finding and discharging the patient, 15and upon the recommendation of the Board to the Secretary that 16the licensee be allowed to resume his or her practice. 17 (d) In enforcing this Section, the Department upon a 18showing of a possible violation may compel an individual 19licensed to practice under this Act, or who has applied for 20licensure under this Act, to submit to a mental or physical 21examination, or both, which may include a substance abuse or 22sexual offender evaluation, as required by and at the expense 23of the Department. 24 The Department shall specifically designate the examining 25physician licensed to practice medicine in all of its branches 26or, if applicable, the multidisciplinary team involved in HB3243- 331 -LRB104 10408 AAS 20483 b 1providing the mental or physical examination or both. The 2multidisciplinary team shall be led by a physician licensed to 3practice medicine in all of its branches and may consist of one 4or more or a combination of physicians licensed to practice 5medicine in all of its branches, licensed clinical 6psychologists, licensed clinical social workers, licensed 7clinical professional counselors, and other professional and 8administrative staff. Any examining physician or member of the 9multidisciplinary team may require any person ordered to 10submit to an examination pursuant to this Section to submit to 11any additional supplemental testing deemed necessary to 12complete any examination or evaluation process, including, but 13not limited to, blood testing, urinalysis, psychological 14testing, or neuropsychological testing. 15 The Department may order the examining physician or any 16member of the multidisciplinary team to provide to the 17Department any and all records, including business records, 18that relate to the examination and evaluation, including any 19supplemental testing performed. 20 The Department may order the examining physician or any 21member of the multidisciplinary team to present testimony 22concerning the mental or physical examination of the licensee 23or applicant. No information, report, record, or other 24documents in any way related to the examination shall be 25excluded by reason of any common law or statutory privilege 26relating to communications between the licensee or applicant HB3243- 332 -LRB104 10408 AAS 20483 b 1and the examining physician or any member of the 2multidisciplinary team. No authorization is necessary from the 3licensee or applicant ordered to undergo an examination for 4the examining physician or any member of the multidisciplinary 5team to provide information, reports, records, or other 6documents or to provide any testimony regarding the 7examination and evaluation. 8 The individual to be examined may have, at his or her own 9expense, another physician of his or her choice present during 10all aspects of this examination. However, that physician shall 11be present only to observe and may not interfere in any way 12with the examination. 13 Failure of an individual to submit to a mental or physical 14examination, when ordered, shall result in an automatic 15suspension of his or her license until the individual submits 16to the examination. 17 If the Department finds an individual unable to practice 18because of the reasons set forth in this Section, the 19Department may require that individual to submit to care, 20counseling, or treatment by physicians approved or designated 21by the Department, as a condition, term, or restriction for 22continued, reinstated, or renewed licensure to practice; or, 23in lieu of care, counseling, or treatment, the Department may 24file a complaint to immediately suspend, revoke, or otherwise 25discipline the license of the individual. An individual whose 26license was granted, continued, reinstated, renewed, HB3243- 333 -LRB104 10408 AAS 20483 b 1disciplined, or supervised subject to such terms, conditions, 2or restrictions, and who fails to comply with such terms, 3conditions, or restrictions, shall be referred to the 4Secretary for a determination as to whether the individual 5shall have his or her license suspended immediately, pending a 6hearing by the Department. 7 In instances in which the Secretary immediately suspends a 8person's license under this Section, a hearing on that 9person's license must be convened by the Department within 30 10days after the suspension and completed without appreciable 11delay. The Department shall have the authority to review the 12subject individual's record of treatment and counseling 13regarding the impairment to the extent permitted by applicable 14federal statutes and regulations safeguarding the 15confidentiality of medical records. 16 An individual licensed under this Act and affected under 17this Section shall be afforded an opportunity to demonstrate 18to the Department that he or she can resume practice in 19compliance with acceptable and prevailing standards under the 20provisions of his or her license. 21 (e) An individual or organization acting in good faith, 22and not in a willful and wanton manner, in complying with this 23Section by providing a report or other information to the 24Board, by assisting in the investigation or preparation of a 25report or information, by participating in proceedings of the 26Board, or by serving as a member of the Board, shall not be HB3243- 334 -LRB104 10408 AAS 20483 b 1subject to criminal prosecution or civil damages as a result 2of such actions. 3 (f) Members of the Board shall be indemnified by the State 4for any actions occurring within the scope of services on the 5Board, done in good faith and not willful and wanton in nature. 6The Attorney General shall defend all such actions unless he 7or she determines either that there would be a conflict of 8interest in such representation or that the actions complained 9of were not in good faith or were willful and wanton. 10 If the Attorney General declines representation, the 11member has the right to employ counsel of his or her choice, 12whose fees shall be provided by the State, after approval by 13the Attorney General, unless there is a determination by a 14court that the member's actions were not in good faith or were 15willful and wanton. 16 The member must notify the Attorney General within 7 days 17after receipt of notice of the initiation of any action 18involving services of the Board. Failure to so notify the 19Attorney General constitutes an absolute waiver of the right 20to a defense and indemnification. 21 The Attorney General shall determine, within 7 days after 22receiving such notice, whether he or she will undertake to 23represent the member. 24 (g) The Department may adopt rules to implement the 25changes made by this amendatory Act of the 102nd General 26Assembly. HB3243- 335 -LRB104 10408 AAS 20483 b 1(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21; 2102-1117, eff. 1-13-23.) 3 Section 5-115. The Professional Counselor and Clinical 4Professional Counselor Licensing and Practice Act is amended 5by changing Section 80 as follows: 6 (225 ILCS 107/80) 7 (Section scheduled to be repealed on January 1, 2028) 8 Sec. 80. Grounds for discipline. 9 (a) The Department may refuse to issue, renew, or may 10revoke, suspend, place on probation, reprimand, or take other 11disciplinary or non-disciplinary action as the Department 12deems appropriate, including the issuance of fines not to 13exceed $10,000 for each violation, with regard to any license 14for any one or more of the following: 15 (1) Material misstatement in furnishing information to 16 the Department or to any other State agency. 17 (2) Violations or negligent or intentional disregard 18 of this Act or rules adopted under this Act. 19 (3) Conviction by plea of guilty or nolo contendere, 20 finding of guilt, jury verdict, or entry of judgment or by 21 sentencing of any crime, including, but not limited to, 22 convictions, preceding sentences of supervision, 23 conditional discharge, or first offender probation, under 24 the laws of any jurisdiction of the United States: (i) HB3243- 336 -LRB104 10408 AAS 20483 b 1 that is a felony or (ii) that is a misdemeanor, an 2 essential element of which is dishonesty, or that is 3 directly related to the practice of the profession. 4 (4) Fraud or any misrepresentation in applying for or 5 procuring a license under this Act or in connection with 6 applying for renewal of a license under this Act. 7 (5) Professional incompetence or gross negligence in 8 the rendering of professional counseling or clinical 9 professional counseling services. 10 (6) Malpractice. 11 (7) Aiding or assisting another person in violating 12 any provision of this Act or any rules. 13 (8) Failing to provide information within 60 days in 14 response to a written request made by the Department. 15 (9) Engaging in dishonorable, unethical, or 16 unprofessional conduct of a character likely to deceive, 17 defraud, or harm the public and violating the rules of 18 professional conduct adopted by the Department. 19 (10) Habitual or excessive use or abuse of drugs as 20 defined in law as controlled substances, alcohol, or any 21 other substance which results in inability to practice 22 with reasonable skill, judgment, or safety. 23 (11) Discipline by another jurisdiction, the District 24 of Columbia, territory, county, or governmental agency, if 25 at least one of the grounds for the discipline is the same 26 or substantially equivalent to those set forth in this HB3243- 337 -LRB104 10408 AAS 20483 b 1 Section. 2 (12) Directly or indirectly giving to or receiving 3 from any person, firm, corporation, partnership, or 4 association any fee, commission, rebate or other form of 5 compensation for any professional service not actually 6 rendered. Nothing in this paragraph (12) affects any bona 7 fide independent contractor or employment arrangements 8 among health care professionals, health facilities, health 9 care providers, or other entities, except as otherwise 10 prohibited by law. Any employment arrangements may include 11 provisions for compensation, health insurance, pension, or 12 other employment benefits for the provision of services 13 within the scope of the licensee's practice under this 14 Act. Nothing in this paragraph (12) shall be construed to 15 require an employment arrangement to receive professional 16 fees for services rendered. 17 (13) A finding by the Board that the licensee, after 18 having the license placed on probationary status, has 19 violated the terms of probation. 20 (14) Abandonment of a client. 21 (15) Willfully filing false reports relating to a 22 licensee's practice, including but not limited to false 23 records filed with federal or State agencies or 24 departments. 25 (16) Willfully failing to report an instance of 26 suspected child abuse or neglect as required by the Abused HB3243- 338 -LRB104 10408 AAS 20483 b 1 and Neglected Child Reporting Act and in matters 2 pertaining to suspected abuse, neglect, financial 3 exploitation, or self-neglect of adults with disabilities 4 and older adults as set forth in the Adult Protective 5 Services Act. 6 (17) Being named as a perpetrator in an indicated 7 report by the Department of Children and Family Services 8 pursuant to the Abused and Neglected Child Reporting Act, 9 and upon proof by clear and convincing evidence that the 10 licensee has caused a child to be an abused child or 11 neglected child as defined in the Abused and Neglected 12 Child Reporting Act. 13 (18) Physical or mental illness or disability, 14 including, but not limited to, deterioration through the 15 aging process or loss of abilities and skills which 16 results in the inability to practice the profession with 17 reasonable judgment, skill, or safety. 18 (19) Solicitation of professional services by using 19 false or misleading advertising. 20 (20) Allowing one's license under this Act to be used 21 by an unlicensed person in violation of this Act. 22 (21) A finding that licensure has been applied for or 23 obtained by fraudulent means. 24 (22) Practicing under a false or, except as provided 25 by law, an assumed name. 26 (23) Gross and willful overcharging for professional HB3243- 339 -LRB104 10408 AAS 20483 b 1 services including filing statements for collection of 2 fees or moneys for which services are not rendered. 3 (24) Rendering professional counseling or clinical 4 professional counseling services without a license or 5 practicing outside the scope of a license. 6 (25) Clinical supervisors failing to adequately and 7 responsibly monitor supervisees. 8 All fines imposed under this Section shall be paid within 960 days after the effective date of the order imposing the 10fine. 11 (b) (Blank). 12 (b-5) The Department may refuse to issue or may suspend 13without hearing, as provided for in the Code of Civil 14Procedure, the license of any person who fails to file a 15return, pay the tax, penalty, or interest shown in a filed 16return, or pay any final assessment of the tax, penalty, or 17interest as required by any tax Act administered by the 18Illinois Department of Revenue, until such time as the 19requirements of any such tax Act are satisfied in accordance 20with subsection (g) of Section 2105-15 of the Department of 21Professional Regulation Law of the Civil Administrative Code 22of Illinois. 23 (b-10) In cases where the Department of Healthcare and 24Family Services has previously determined a licensee or a 25potential licensee is more than 30 days delinquent in the 26payment of child support and has subsequently certified the HB3243- 340 -LRB104 10408 AAS 20483 b 1delinquency to the Department, the Department may refuse to 2issue or renew or may revoke or suspend that person's license 3or may take other disciplinary action against that person 4based solely upon the certification of delinquency made by the 5Department of Healthcare and Family Services in accordance 6with item (5) of subsection (a) of Section 2105-15 of the 7Department of Professional Regulation Law of the Civil 8Administrative Code of Illinois. 9 (c) The determination by a court that a licensee is 10subject to involuntary admission or judicial admission as 11provided in the Mental Health and Developmental Disabilities 12Code will result in an automatic suspension of his or her 13license. The suspension will end upon a finding by a court that 14the licensee is no longer subject to involuntary admission or 15judicial admission, the issuance of an order so finding and 16discharging the patient, and the recommendation of the Board 17to the Secretary that the licensee be allowed to resume 18professional practice. 19 (c-1) The Department shall not revoke, suspend, summarily 20suspend, place on prohibition, reprimand, refuse to issue or 21renew, or take any other disciplinary or non-disciplinary 22action against the license or permit issued under this Act to 23practice as a professional counselor or clinical professional 24counselor based solely upon the professional counselor or 25clinical professional counselor authorizing, recommending, 26aiding, assisting, referring for, or otherwise participating HB3243- 341 -LRB104 10408 AAS 20483 b 1in any health care service, so long as the care was not 2unlawful under the laws of this State, regardless of whether 3the patient was a resident of this State or another state. 4 (c-2) The Department shall not revoke, suspend, summarily 5suspend, place on prohibition, reprimand, refuse to issue or 6renew, or take any other disciplinary or non-disciplinary 7action against the license or permit issued under this Act to 8practice as a professional counselor or clinical professional 9counselor based upon the professional counselor's or clinical 10professional counselor's license being revoked or suspended, 11or the professional counselor or clinical professional 12counselor being otherwise disciplined by any other state, if 13that revocation, suspension, or other form of discipline was 14based solely on the professional counselor or clinical 15professional counselor violating another state's laws 16prohibiting the provision of, authorization of, recommendation 17of, aiding or assisting in, referring for, or participation in 18any health care service if that health care service as 19provided would not have been unlawful under the laws of this 20State and is consistent with the standards of conduct for a 21professional counselor or clinical professional counselor 22practicing in Illinois. 23 (c-3) The conduct specified in subsection (c-1), (c-2), 24(c-6), or (c-7) shall not constitute grounds for suspension 25under Section 145. 26 (c-4) An applicant seeking licensure, certification, or HB3243- 342 -LRB104 10408 AAS 20483 b 1authorization pursuant to this Act who has been subject to 2disciplinary action by a duly authorized professional 3disciplinary agency of another jurisdiction solely on the 4basis of having authorized, recommended, aided, assisted, 5referred for, or otherwise participated in health care shall 6not be denied such licensure, certification, or authorization, 7unless the Department determines that such action would have 8constituted professional misconduct in this State; however, 9nothing in this Section shall be construed as prohibiting the 10Department from evaluating the conduct of such applicant and 11making a determination regarding the licensure, certification, 12or authorization to practice a profession under this Act. 13 (c-5) In enforcing this Act, the Department, upon a 14showing of a possible violation, may compel an individual 15licensed to practice under this Act, or who has applied for 16licensure under this Act, to submit to a mental or physical 17examination, or both, as required by and at the expense of the 18Department. The Department may order the examining physician 19to present testimony concerning the mental or physical 20examination of the licensee or applicant. No information shall 21be excluded by reason of any common law or statutory privilege 22relating to communications between the licensee or applicant 23and the examining physician. The examining physicians shall be 24specifically designated by the Department. The individual to 25be examined may have, at his or her own expense, another 26physician of his or her choice present during all aspects of HB3243- 343 -LRB104 10408 AAS 20483 b 1this examination. The examination shall be performed by a 2physician licensed to practice medicine in all its branches. 3Failure of an individual to submit to a mental or physical 4examination, when directed, shall result in an automatic 5suspension without hearing. 6 All substance-related violations shall mandate an 7automatic substance abuse assessment. Failure to submit to an 8assessment by a licensed physician who is certified as an 9addictionist or an advanced practice registered nurse with 10specialty certification in addictions may be grounds for an 11automatic suspension. 12 If the Department finds an individual unable to practice 13or unfit for duty because of the reasons set forth in this 14subsection (c-5), the Department may require that individual 15to submit to a substance abuse evaluation or treatment by 16individuals or programs approved or designated by the 17Department, as a condition, term, or restriction for 18continued, restored, or renewed licensure to practice; or, in 19lieu of evaluation or treatment, the Department may file, or 20the Board may recommend to the Department to file, a complaint 21to immediately suspend, revoke, or otherwise discipline the 22license of the individual. An individual whose license was 23granted, continued, restored, renewed, disciplined, or 24supervised subject to such terms, conditions, or restrictions, 25and who fails to comply with such terms, conditions, or 26restrictions, shall be referred to the Secretary for a HB3243- 344 -LRB104 10408 AAS 20483 b 1determination as to whether the individual shall have his or 2her license suspended immediately, pending a hearing by the 3Department. 4 A person holding a license under this Act or who has 5applied for a license under this Act who, because of a physical 6or mental illness or disability, including, but not limited 7to, deterioration through the aging process or loss of motor 8skill, is unable to practice the profession with reasonable 9judgment, skill, or safety, may be required by the Department 10to submit to care, counseling, or treatment by physicians 11approved or designated by the Department as a condition, term, 12or restriction for continued, reinstated, or renewed licensure 13to practice. Submission to care, counseling, or treatment as 14required by the Department shall not be considered discipline 15of a license. If the licensee refuses to enter into a care, 16counseling, or treatment agreement or fails to abide by the 17terms of the agreement, the Department may file a complaint to 18revoke, suspend, or otherwise discipline the license of the 19individual. The Secretary may order the license suspended 20immediately, pending a hearing by the Department. Fines shall 21not be assessed in disciplinary actions involving physical or 22mental illness or impairment. 23 In instances in which the Secretary immediately suspends a 24person's license under this Section, a hearing on that 25person's license must be convened by the Department within 15 26days after the suspension and completed without appreciable HB3243- 345 -LRB104 10408 AAS 20483 b 1delay. The Department shall have the authority to review the 2subject individual's record of treatment and counseling 3regarding the impairment to the extent permitted by applicable 4federal statutes and regulations safeguarding the 5confidentiality of medical records. 6 An individual licensed under this Act and affected under 7this Section shall be afforded an opportunity to demonstrate 8to the Department that he or she can resume practice in 9compliance with acceptable and prevailing standards under the 10provisions of his or her license. 11 (c-6) The Department may not revoke, suspend, summarily 12suspend, place on prohibition, reprimand, refuse to issue or 13renew, or take any other disciplinary or non-disciplinary 14action against the license or permit issued under this Act to 15practice as a professional counselor or clinical professional 16counselor based solely upon an immigration violation by the 17counselor. 18 (c-7) The Department may not revoke, suspend, summarily 19suspend, place on prohibition, reprimand, refuse to issue or 20renew, or take any other disciplinary or non-disciplinary 21action against the license or permit issued under this Act to 22practice as a professional counselor or clinical professional 23counselor based upon the professional counselor's or clinical 24professional counselor's license being revoked or suspended, 25or the professional counselor or clinical professional 26counselor being otherwise disciplined by any other state, if HB3243- 346 -LRB104 10408 AAS 20483 b 1that revocation, suspension, or other form of discipline was 2based solely upon an immigration violation by the counselor. 3 (d) (Blank). 4 (e) The Department may adopt rules to implement the 5changes made by this amendatory Act of the 102nd General 6Assembly. 7(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23; 8103-715, eff. 1-1-25.) 9 Section 5-120. The Registered Surgical Assistant and 10Registered Surgical Technologist Title Protection Act is 11amended by changing Section 75 as follows: 12 (225 ILCS 130/75) 13 (Section scheduled to be repealed on January 1, 2029) 14 Sec. 75. Grounds for disciplinary action. 15 (a) The Department may refuse to issue, renew, or restore 16a registration, may revoke or suspend a registration, or may 17place on probation, reprimand, or take other disciplinary or 18non-disciplinary action with regard to a person registered 19under this Act, including, but not limited to, the imposition 20of fines not to exceed $10,000 for each violation and the 21assessment of costs as provided for in Section 90, for any one 22or combination of the following causes: 23 (1) Making a material misstatement in furnishing 24 information to the Department. HB3243- 347 -LRB104 10408 AAS 20483 b 1 (2) Violating a provision of this Act or rules adopted 2 under this Act. 3 (3) Conviction by plea of guilty or nolo contendere, 4 finding of guilt, jury verdict, or entry of judgment or by 5 sentencing of any crime, including, but not limited to, 6 convictions, preceding sentences of supervision, 7 conditional discharge, or first offender probation, under 8 the laws of any jurisdiction of the United States that is 9 (i) a felony or (ii) a misdemeanor, an essential element 10 of which is dishonesty, or that is directly related to the 11 practice of the profession. 12 (4) Fraud or misrepresentation in applying for, 13 renewing, restoring, reinstating, or procuring a 14 registration under this Act. 15 (5) Aiding or assisting another person in violating a 16 provision of this Act or its rules. 17 (6) Failing to provide information within 60 days in 18 response to a written request made by the Department. 19 (7) Engaging in dishonorable, unethical, or 20 unprofessional conduct of a character likely to deceive, 21 defraud, or harm the public, as defined by rule of the 22 Department. 23 (8) Discipline by another United States jurisdiction, 24 governmental agency, unit of government, or foreign 25 nation, if at least one of the grounds for discipline is 26 the same or substantially equivalent to those set forth in HB3243- 348 -LRB104 10408 AAS 20483 b 1 this Section. 2 (9) Directly or indirectly giving to or receiving from 3 a person, firm, corporation, partnership, or association a 4 fee, commission, rebate, or other form of compensation for 5 professional services not actually or personally rendered. 6 Nothing in this paragraph (9) affects any bona fide 7 independent contractor or employment arrangements among 8 health care professionals, health facilities, health care 9 providers, or other entities, except as otherwise 10 prohibited by law. Any employment arrangements may include 11 provisions for compensation, health insurance, pension, or 12 other employment benefits for the provision of services 13 within the scope of the registrant's practice under this 14 Act. Nothing in this paragraph (9) shall be construed to 15 require an employment arrangement to receive professional 16 fees for services rendered. 17 (10) A finding by the Department that the registrant, 18 after having the registration placed on probationary 19 status, has violated the terms of probation. 20 (11) Willfully making or filing false records or 21 reports in the practice, including, but not limited to, 22 false records or reports filed with State agencies. 23 (12) Willfully making or signing a false statement, 24 certificate, or affidavit to induce payment. 25 (13) Willfully failing to report an instance of 26 suspected child abuse or neglect as required under the HB3243- 349 -LRB104 10408 AAS 20483 b 1 Abused and Neglected Child Reporting Act. 2 (14) Being named as a perpetrator in an indicated 3 report by the Department of Children and Family Services 4 under the Abused and Neglected Child Reporting Act and 5 upon proof by clear and convincing evidence that the 6 registrant has caused a child to be an abused child or 7 neglected child as defined in the Abused and Neglected 8 Child Reporting Act. 9 (15) (Blank). 10 (16) Failure to report to the Department (A) any 11 adverse final action taken against the registrant by 12 another registering or licensing jurisdiction, government 13 agency, law enforcement agency, or any court or (B) 14 liability for conduct that would constitute grounds for 15 action as set forth in this Section. 16 (17) Habitual or excessive use or abuse of drugs 17 defined in law as controlled substances, alcohol, or any 18 other substance that results in the inability to practice 19 with reasonable judgment, skill, or safety. 20 (18) Physical or mental illness, including, but not 21 limited to, deterioration through the aging process or 22 loss of motor skills, which results in the inability to 23 practice the profession for which the person is registered 24 with reasonable judgment, skill, or safety. 25 (19) Gross malpractice. 26 (20) Immoral conduct in the commission of an act HB3243- 350 -LRB104 10408 AAS 20483 b 1 related to the registrant's practice, including, but not 2 limited to, sexual abuse, sexual misconduct, or sexual 3 exploitation. 4 (21) Violation of the Health Care Worker Self-Referral 5 Act. 6 (b) The Department may refuse to issue or may suspend 7without hearing the registration of a person who fails to file 8a return, to pay the tax, penalty, or interest shown in a filed 9return, or to pay a final assessment of the tax, penalty, or 10interest as required by a tax Act administered by the 11Department of Revenue, until the requirements of the tax Act 12are satisfied in accordance with subsection (g) of Section 132105-15 of the Department of Professional Regulation Law of 14the Civil Administrative Code of Illinois. 15 (b-1) The Department shall not revoke, suspend, summarily 16suspend, place on probation, reprimand, refuse to issue or 17renew, or take any other disciplinary or non-disciplinary 18action against the license issued under this Act to practice 19as a registered surgical assistant or registered surgical 20technologist based solely upon the registered surgical 21assistant or registered surgical technologist providing, 22authorizing, recommending, aiding, assisting, referring for, 23or otherwise participating in any health care service, so long 24as the care was not unlawful under the laws of this State, 25regardless of whether the patient was a resident of this State 26or another state. HB3243- 351 -LRB104 10408 AAS 20483 b 1 (b-2) The Department shall not revoke, suspend, summarily 2suspend, place on prohibition, reprimand, refuse to issue or 3renew, or take any other disciplinary or non-disciplinary 4action against the license issued under this Act to practice 5as a registered surgical assistant or registered surgical 6technologist based upon the registered surgical assistant's or 7registered surgical technologist's license being revoked or 8suspended, or the registered surgical assistant's or 9registered surgical technologist's being otherwise disciplined 10by any other state, if that revocation, suspension, or other 11form of discipline was based solely on the registered surgical 12assistant or registered surgical technologist violating 13another state's laws prohibiting the provision of, 14authorization of, recommendation of, aiding or assisting in, 15referring for, or participation in any health care service if 16that health care service as provided would not have been 17unlawful under the laws of this State and is consistent with 18the standards of conduct for the registered surgical assistant 19or registered surgical technologist practicing in this State. 20 (b-3) The conduct specified in subsection (b-1) or (b-2) 21shall not constitute grounds for suspension under Section 145. 22 (b-4) An applicant seeking licensure, certification, or 23authorization pursuant to this Act who has been subject to 24disciplinary action by a duly authorized professional 25disciplinary agency of another jurisdiction solely on the 26basis of having provided, authorized, recommended, aided, HB3243- 352 -LRB104 10408 AAS 20483 b 1assisted, referred for, or otherwise participated in health 2care shall not be denied such licensure, certification, or 3authorization, unless the Department determines that such 4action would have constituted professional misconduct in this 5State. Nothing in this Section shall be construed as 6prohibiting the Department from evaluating the conduct of such 7applicant and making a determination regarding the licensure, 8certification, or authorization to practice a profession under 9this Act. 10 (c) The determination by a circuit court that a registrant 11is subject to involuntary admission or judicial admission as 12provided in the Mental Health and Developmental Disabilities 13Code operates as an automatic suspension. The suspension will 14end only upon (1) a finding by a court that the patient is no 15longer subject to involuntary admission or judicial admission, 16(2) issuance of an order so finding and discharging the 17patient, and (3) filing of a petition for restoration 18demonstrating fitness to practice. 19 (d) (Blank). 20 (e) In cases where the Department of Healthcare and Family 21Services has previously determined a registrant or a potential 22registrant is more than 30 days delinquent in the payment of 23child support and has subsequently certified the delinquency 24to the Department, the Department may refuse to issue or renew 25or may revoke or suspend that person's registration or may 26take other disciplinary action against that person based HB3243- 353 -LRB104 10408 AAS 20483 b 1solely upon the certification of delinquency made by the 2Department of Healthcare and Family Services in accordance 3with paragraph (5) of subsection (a) of Section 2105-15 of the 4Department of Professional Regulation Law of the Civil 5Administrative Code of Illinois. 6 (f) In enforcing this Section, the Department, upon a 7showing of a possible violation, may compel any individual 8registered under this Act or any individual who has applied 9for registration to submit to a mental or physical examination 10and evaluation, or both, that may include a substance abuse or 11sexual offender evaluation, at the expense of the Department. 12The Department shall specifically designate the examining 13physician licensed to practice medicine in all of its branches 14or, if applicable, the multidisciplinary team involved in 15providing the mental or physical examination and evaluation, 16or both. The multidisciplinary team shall be led by a 17physician licensed to practice medicine in all of its branches 18and may consist of one or more or a combination of physicians 19licensed to practice medicine in all of its branches, licensed 20chiropractic physicians, licensed clinical psychologists, 21licensed clinical social workers, licensed clinical 22professional counselors, and other professional and 23administrative staff. Any examining physician or member of the 24multidisciplinary team may require any person ordered to 25submit to an examination and evaluation pursuant to this 26Section to submit to any additional supplemental testing HB3243- 354 -LRB104 10408 AAS 20483 b 1deemed necessary to complete any examination or evaluation 2process, including, but not limited to, blood testing, 3urinalysis, psychological testing, or neuropsychological 4testing. 5 The Department may order the examining physician or any 6member of the multidisciplinary team to provide to the 7Department any and all records, including business records, 8that relate to the examination and evaluation, including any 9supplemental testing performed. The Department may order the 10examining physician or any member of the multidisciplinary 11team to present testimony concerning this examination and 12evaluation of the registrant or applicant, including testimony 13concerning any supplemental testing or documents relating to 14the examination and evaluation. No information, report, 15record, or other documents in any way related to the 16examination and evaluation shall be excluded by reason of any 17common law or statutory privilege relating to communication 18between the registrant or applicant and the examining 19physician or any member of the multidisciplinary team. No 20authorization is necessary from the registrant or applicant 21ordered to undergo an evaluation and examination for the 22examining physician or any member of the multidisciplinary 23team to provide information, reports, records, or other 24documents or to provide any testimony regarding the 25examination and evaluation. The individual to be examined may 26have, at the individual's own expense, another physician of HB3243- 355 -LRB104 10408 AAS 20483 b 1the individual's choice present during all aspects of the 2examination. 3 Failure of any individual to submit to mental or physical 4examination and evaluation, or both, when directed, shall 5result in an automatic suspension without a hearing until such 6time as the individual submits to the examination. If the 7Department finds a registrant unable to practice because of 8the reasons set forth in this Section, the Department shall 9require such registrant to submit to care, counseling, or 10treatment by physicians approved or designated by the 11Department as a condition for continued, reinstated, or 12renewed registration. 13 When the Secretary immediately suspends a registration 14under this Section, a hearing upon such person's registration 15must be convened by the Department within 15 days after such 16suspension and completed without appreciable delay. The 17Department shall have the authority to review the registrant's 18record of treatment and counseling regarding the impairment to 19the extent permitted by applicable federal statutes and 20regulations safeguarding the confidentiality of medical 21records. 22 Individuals registered under this Act and affected under 23this Section shall be afforded an opportunity to demonstrate 24to the Department that they can resume practice in compliance 25with acceptable and prevailing standards under the provisions 26of their registration. HB3243- 356 -LRB104 10408 AAS 20483 b 1 (g) All fines imposed under this Section shall be paid 2within 60 days after the effective date of the order imposing 3the fine or in accordance with the terms set forth in the order 4imposing the fine. 5 (f) The Department may adopt rules to implement the 6changes made by Public Act 102-1117. 7(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24; 8103-605, eff. 7-1-24; revised 10-16-24.) 9 Section 5-125. The Genetic Counselor Licensing Act is 10amended by changing Section 95 as follows: 11 (225 ILCS 135/95) 12 (Section scheduled to be repealed on January 1, 2030) 13 Sec. 95. Grounds for discipline. 14 (a) The Department may refuse to issue, renew, or may 15revoke, suspend, place on probation, reprimand, or take other 16disciplinary or non-disciplinary action as the Department 17deems appropriate, including the issuance of fines not to 18exceed $10,000 for each violation, with regard to any license 19for any one or more of the following: 20 (1) Material misstatement in furnishing information to 21 the Department or to any other State agency. 22 (2) Violations or negligent or intentional disregard 23 of this Act, or any of its rules. 24 (3) Conviction by plea of guilty or nolo contendere, HB3243- 357 -LRB104 10408 AAS 20483 b 1 finding of guilt, jury verdict, or entry of judgment or 2 sentencing, including, but not limited to, convictions, 3 preceding sentences of supervision, conditional discharge, 4 or first offender probation, under the laws of any 5 jurisdiction of the United States: (i) that is a felony or 6 (ii) that is a misdemeanor, an essential element of which 7 is dishonesty, or that is directly related to the practice 8 of genetic counseling. 9 (4) Making any misrepresentation for the purpose of 10 obtaining a license, or violating any provision of this 11 Act or its rules. 12 (5) Negligence in the rendering of genetic counseling 13 services. 14 (6) Failure to provide genetic testing results and any 15 requested information to a referring physician licensed to 16 practice medicine in all its branches, advanced practice 17 registered nurse, or physician assistant. 18 (7) Aiding or assisting another person in violating 19 any provision of this Act or any rules. 20 (8) Failing to provide information within 60 days in 21 response to a written request made by the Department. 22 (9) Engaging in dishonorable, unethical, or 23 unprofessional conduct of a character likely to deceive, 24 defraud, or harm the public and violating the rules of 25 professional conduct adopted by the Department. 26 (10) Failing to maintain the confidentiality of any HB3243- 358 -LRB104 10408 AAS 20483 b 1 information received from a client, unless otherwise 2 authorized or required by law. 3 (10.5) Failure to maintain client records of services 4 provided and provide copies to clients upon request. 5 (11) Exploiting a client for personal advantage, 6 profit, or interest. 7 (12) Habitual or excessive use or addiction to 8 alcohol, narcotics, stimulants, or any other chemical 9 agent or drug which results in inability to practice with 10 reasonable skill, judgment, or safety. 11 (13) Discipline by another governmental agency or unit 12 of government, by any jurisdiction of the United States, 13 or by a foreign nation, if at least one of the grounds for 14 the discipline is the same or substantially equivalent to 15 those set forth in this Section. 16 (14) Directly or indirectly giving to or receiving 17 from any person, firm, corporation, partnership, or 18 association any fee, commission, rebate, or other form of 19 compensation for any professional service not actually 20 rendered. Nothing in this paragraph (14) affects any bona 21 fide independent contractor or employment arrangements 22 among health care professionals, health facilities, health 23 care providers, or other entities, except as otherwise 24 prohibited by law. Any employment arrangements may include 25 provisions for compensation, health insurance, pension, or 26 other employment benefits for the provision of services HB3243- 359 -LRB104 10408 AAS 20483 b 1 within the scope of the licensee's practice under this 2 Act. Nothing in this paragraph (14) shall be construed to 3 require an employment arrangement to receive professional 4 fees for services rendered. 5 (15) A finding by the Department that the licensee, 6 after having the license placed on probationary status, 7 has violated the terms of probation. 8 (16) Failing to refer a client to other health care 9 professionals when the licensee is unable or unwilling to 10 adequately support or serve the client. 11 (17) Willfully filing false reports relating to a 12 licensee's practice, including, but not limited to, false 13 records filed with federal or State agencies or 14 departments. 15 (18) Willfully failing to report an instance of 16 suspected child abuse or neglect as required by the Abused 17 and Neglected Child Reporting Act. 18 (19) Being named as a perpetrator in an indicated 19 report by the Department of Children and Family Services 20 pursuant to the Abused and Neglected Child Reporting Act, 21 and upon proof by clear and convincing evidence that the 22 licensee has caused a child to be an abused child or 23 neglected child as defined in the Abused and Neglected 24 Child Reporting Act. 25 (20) Physical or mental disability, including 26 deterioration through the aging process or loss of HB3243- 360 -LRB104 10408 AAS 20483 b 1 abilities and skills which results in the inability to 2 practice the profession with reasonable judgment, skill, 3 or safety. 4 (21) Solicitation of professional services by using 5 false or misleading advertising. 6 (22) Failure to file a return, or to pay the tax, 7 penalty of interest shown in a filed return, or to pay any 8 final assessment of tax, penalty or interest, as required 9 by any tax Act administered by the Illinois Department of 10 Revenue or any successor agency or the Internal Revenue 11 Service or any successor agency. 12 (23) Fraud or making any misrepresentation in applying 13 for or procuring a license under this Act or in connection 14 with applying for renewal of a license under this Act. 15 (24) Practicing or attempting to practice under a name 16 other than the full name as shown on the license or any 17 other legally authorized name. 18 (25) Gross overcharging for professional services, 19 including filing statements for collection of fees or 20 moneys for which services are not rendered. 21 (26) (Blank). 22 (27) Charging for professional services not rendered, 23 including filing false statements for the collection of 24 fees for which services are not rendered. 25 (28) Allowing one's license under this Act to be used 26 by an unlicensed person in violation of this Act. HB3243- 361 -LRB104 10408 AAS 20483 b 1 (b) (Blank). 2 (b-5) The Department shall not revoke, suspend, summarily 3suspend, place on prohibition, reprimand, refuse to issue or 4renew, or take any other disciplinary or non-disciplinary 5action against the license or permit issued under this Act to 6practice as a genetic counselor based solely upon the genetic 7counselor authorizing, recommending, aiding, assisting, 8referring for, or otherwise participating in any health care 9service, so long as the care was not unlawful under the laws of 10this State, regardless of whether the patient was a resident 11of this State or another state. 12 (b-10) The Department shall not revoke, suspend, summarily 13suspend, place on prohibition, reprimand, refuse to issue or 14renew, or take any other disciplinary or non-disciplinary 15action against the license or permit issued under this Act to 16practice as a genetic counselor based upon the genetic 17counselor's license being revoked or suspended, or the genetic 18counselor being otherwise disciplined by any other state, if 19that revocation, suspension, or other form of discipline was 20based solely on the genetic counselor violating another 21state's laws prohibiting the provision of, authorization of, 22recommendation of, aiding or assisting in, referring for, or 23participation in any health care service if that health care 24service as provided would not have been unlawful under the 25laws of this State and is consistent with the standards of 26conduct for the genetic counselor if it occurred in Illinois. HB3243- 362 -LRB104 10408 AAS 20483 b 1 (b-15) The conduct specified in subsections (b-5) and 2(b-10) shall not constitute grounds for suspension under 3Section 160. 4 (b-20) An applicant seeking licensure, certification, or 5authorization pursuant to this Act who has been subject to 6disciplinary action by a duly authorized professional 7disciplinary agency of another jurisdiction solely on the 8basis of having authorized, recommended, aided, assisted, 9referred for, or otherwise participated in health care shall 10not be denied such licensure, certification, or authorization, 11unless the Department determines that such action would have 12constituted professional misconduct in this State; however, 13nothing in this Section shall be construed as prohibiting the 14Department from evaluating the conduct of such applicant and 15making a determination regarding the licensure, certification, 16or authorization to practice a profession under this Act. 17 (c) The determination by a court that a licensee is 18subject to involuntary admission or judicial admission as 19provided in the Mental Health and Developmental Disabilities 20Code will result in an automatic suspension of the license. 21The suspension will end upon a finding by a court that the 22licensee is no longer subject to involuntary admission or 23judicial admission, the issuance of an order so finding and 24discharging the patient, and the determination of the 25Secretary that the licensee be allowed to resume professional 26practice. HB3243- 363 -LRB104 10408 AAS 20483 b 1 (d) The Department may refuse to issue or renew or may 2suspend without hearing the license of any person who fails to 3file a return, to pay the tax penalty or interest shown in a 4filed return, or to pay any final assessment of the tax, 5penalty, or interest as required by any Act regarding the 6payment of taxes administered by the Illinois Department of 7Revenue until the requirements of the Act are satisfied in 8accordance with subsection (g) of Section 2105-15 of the Civil 9Administrative Code of Illinois. 10 (e) In cases where the Department of Healthcare and Family 11Services has previously determined that a licensee or a 12potential licensee is more than 30 days delinquent in the 13payment of child support and has subsequently certified the 14delinquency to the Department, the Department may refuse to 15issue or renew or may revoke or suspend that person's license 16or may take other disciplinary action against that person 17based solely upon the certification of delinquency made by the 18Department of Healthcare and Family Services in accordance 19with item (5) of subsection (a) of Section 2105-15 of the 20Department of Professional Regulation Law of the Civil 21Administrative Code of Illinois. 22 (f) All fines or costs imposed under this Section shall be 23paid within 60 days after the effective date of the order 24imposing the fine or costs or in accordance with the terms set 25forth in the order imposing the fine. 26 (g) The Department may adopt rules to implement the HB3243- 364 -LRB104 10408 AAS 20483 b 1changes made by this amendatory Act of the 102nd General 2Assembly. 3(Source: P.A. 102-1117, eff. 1-13-23; 103-763, eff. 1-1-25.) 4 Section 5-130. The Telehealth Act is amended by changing 5Sections 10 and 15 as follows: 6 (225 ILCS 150/10) 7 Sec. 10. Practice authority. A health care professional 8treating a patient located in this State through telehealth 9services must be licensed or authorized to practice in 10Illinois. A health care professional with a temporary permit 11for full practice advanced practice registered nurse for 12health care, a temporary permit for advanced practice 13registered nurse for health care, or a temporary permit for 14health care may treat a patient located in this State through 15telehealth services in a manner consistent with the health 16care professional's scope of practice and agreement with a 17sponsoring entity. 18(Source: P.A. 102-104, eff. 7-22-21; 102-1117, eff. 1-13-23.) 19 (225 ILCS 150/15) 20 Sec. 15. Use of telehealth services. 21 (a) A health care professional may engage in the practice 22of telehealth services in Illinois to the extent of his or her 23scope of practice as established in his or her respective HB3243- 365 -LRB104 10408 AAS 20483 b 1licensing Act consistent with the standards of care for 2in-person services. This Act shall not be construed to alter 3the scope of practice of any health care professional or 4authorize the delivery of health care services in a setting or 5in a manner not otherwise authorized by the laws of this State. 6 (b) Telehealth services provided pursuant to this Section 7shall be consistent with all federal and State privacy, 8security, and confidentiality laws, rules, or regulations. 9 (c) A health care professional with a temporary permit for 10full practice advanced practice registered nurse for health 11care, a temporary permit for advanced practice registered 12nurse for health care, or a temporary permit for health care 13may treat a patient located in this State through telehealth 14services in a manner consistent with the health care 15professional's scope of practice and agreement with a 16sponsoring entity. 17(Source: P.A. 102-104, eff. 7-22-21; 102-1117, eff. 1-13-23.) 18 Section 5-135. The Illinois Public Aid Code is amended by 19changing Section 5-16.8 as follows: 20 (305 ILCS 5/5-16.8) 21 Sec. 5-16.8. Required health benefits. The medical 22assistance program shall (i) provide the post-mastectomy care 23benefits required to be covered by a policy of accident and 24health insurance under Section 356t and the coverage required HB3243- 366 -LRB104 10408 AAS 20483 b 1under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, 2356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, 3356z.47, 356z.51, 356z.53, 356z.59, 356z.60, 356z.61, 356z.64, 4and 356z.67, and 356z.71, and 356z.75 of the Illinois 5Insurance Code, (ii) be subject to the provisions of Sections 6356z.19, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the 7Illinois Insurance Code, and (iii) be subject to the 8provisions of subsection (d-5) of Section 10 of the Network 9Adequacy and Transparency Act. 10 The Department, by rule, shall adopt a model similar to 11the requirements of Section 356z.39 of the Illinois Insurance 12Code. 13 On and after July 1, 2012, the Department shall reduce any 14rate of reimbursement for services or other payments or alter 15any methodologies authorized by this Code to reduce any rate 16of reimbursement for services or other payments in accordance 17with Section 5-5e. 18 To ensure full access to the benefits set forth in this 19Section, on and after January 1, 2016, the Department shall 20ensure that provider and hospital reimbursement for 21post-mastectomy care benefits required under this Section are 22no lower than the Medicare reimbursement rate. 23(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22; 24102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff. 251-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813, 26eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23; HB3243- 367 -LRB104 10408 AAS 20483 b 1102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 21-1-24; 103-420, eff. 1-1-24; 103-605, eff. 7-1-24; 103-703, 3eff. 1-1-25; 103-758, eff. 1-1-25; 103-1024, eff. 1-1-25; 4revised 11-26-24.) 5 Section 5-140. The Sexual Assault Survivors Emergency 6Treatment Act is amended by adding Section 9.1 as follows: 7 (410 ILCS 70/9.1 new) 8 Sec. 9.1. No abortion services required. Nothing in this 9Act shall be construed to require a hospital or an approved 10pediatric health care facility to provide any services which 11relate to an abortion. 12 Section 5-145. The Consent by Minors to Health Care 13Services Act is amended by changing Section 1.5 as follows: 14 (410 ILCS 210/1.5) 15 Sec. 1.5. Consent by minor seeking care for limited 16primary care services. 17 (a) The consent to the performance of primary care 18services by a physician licensed to practice medicine in all 19its branches, a licensed advanced practice registered nurse, a 20licensed physician assistant, a chiropractic physician, or a 21licensed optometrist executed by a minor seeking care is not 22voidable because of such minority, and for such purpose, a HB3243- 368 -LRB104 10408 AAS 20483 b 1minor seeking care is deemed to have the same legal capacity to 2act and has the same powers and obligations as has a person of 3legal age under the following circumstances: 4 (1) the health care professional reasonably believes 5 that the minor seeking care understands the benefits and 6 risks of any proposed primary care or services; and 7 (2) the minor seeking care is identified in writing as 8 a minor seeking care by: 9 (A) an adult relative; 10 (B) a representative of a homeless service agency 11 that receives federal, State, county, or municipal 12 funding to provide those services or that is otherwise 13 sanctioned by a local continuum of care; 14 (C) an attorney licensed to practice law in this 15 State; 16 (D) a public school homeless liaison or school 17 social worker; 18 (E) a social service agency providing services to 19 at risk, homeless, or runaway youth; or 20 (F) a representative of a religious organization. 21 (b) A health care professional rendering primary care 22services under this Section shall not incur civil or criminal 23liability for failure to obtain valid consent or professional 24discipline for failure to obtain valid consent if he or she 25relied in good faith on the representations made by the minor 26or the information provided under paragraph (2) of subsection HB3243- 369 -LRB104 10408 AAS 20483 b 1(a) of this Section. Under such circumstances, good faith 2shall be presumed. 3 (c) The confidential nature of any communication between a 4health care professional described in Section 1 of this Act 5and a minor seeking care is not waived (1) by the presence, at 6the time of communication, of any additional persons present 7at the request of the minor seeking care, (2) by the health 8care professional's disclosure of confidential information to 9the additional person with the consent of the minor seeking 10care, when reasonably necessary to accomplish the purpose for 11which the additional person is consulted, or (3) by the health 12care professional billing a health benefit insurance or plan 13under which the minor seeking care is insured, is enrolled, or 14has coverage for the services provided. 15 (d) Nothing in this Section shall be construed to limit or 16expand a minor's existing powers and obligations under any 17federal, State, or local law. Nothing in this Section shall be 18construed to affect the Parental Notice of Abortion Act of 192025. Nothing in this Section affects the right or authority 20of a parent or legal guardian to verbally, in writing, or 21otherwise authorize health care services to be provided for a 22minor in their absence. 23 (e) For the purposes of this Section: 24 "Minor seeking care" means a person at least 14 years of 25age but less than 18 years of age who is living separate and 26apart from his or her parents or legal guardian, whether with HB3243- 370 -LRB104 10408 AAS 20483 b 1or without the consent of a parent or legal guardian who is 2unable or unwilling to return to the residence of a parent, and 3managing his or her own personal affairs. "Minor seeking care" 4does not include minors who are under the protective custody, 5temporary custody, or guardianship of the Department of 6Children and Family Services. 7 "Primary care services" means health care services that 8include screening, counseling, immunizations, medication, and 9treatment of illness and conditions customarily provided by 10licensed health care professionals in an out-patient setting, 11eye care services, excluding advanced optometric procedures, 12provided by optometrists, and services provided by 13chiropractic physicians according to the scope of practice of 14chiropractic physicians under the Medical Practice Act of 151987. "Primary care services" does not include invasive care, 16beyond standard injections, laceration care, or non-surgical 17fracture care. 18(Source: P.A. 102-1117, eff. 1-13-23.) 19 Section 5-150. The Vital Records Act is amended by 20changing Section 1 as follows: 21 (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1) 22 Sec. 1. As used in this Act, unless the context otherwise 23requires: 24 (1) "Vital records" means records of births, deaths, fetal HB3243- 371 -LRB104 10408 AAS 20483 b 1deaths, marriages, dissolution of marriages, and data related 2thereto. 3 (2) "System of vital records" includes the registration, 4collection, preservation, amendment, and certification of 5vital records, and activities related thereto. 6 (3) "Filing" means the presentation of a certificate, 7report, or other record provided for in this Act, of a birth, 8death, fetal death, adoption, marriage, or dissolution of 9marriage, for registration by the Office of Vital Records. 10 (4) "Registration" means the acceptance by the Office of 11Vital Records and the incorporation in its official records of 12certificates, reports, or other records provided for in this 13Act, of births, deaths, fetal deaths, adoptions, marriages, or 14dissolution of marriages. 15 (5) "Live birth" means the complete expulsion or 16extraction from its mother of a product of human conception, 17irrespective of the duration of pregnancy, which after such 18separation breathes or shows any other evidence of life such 19as beating of the heart, pulsation of the umbilical cord, or 20definite movement of voluntary muscles, whether or not the 21umbilical cord has been cut or the placenta is attached. 22 (6) "Fetal death" means death prior to the complete 23expulsion or extraction from its mother the uterus of a 24product of human conception, irrespective of the duration of 25pregnancy; the , and which is not due to an abortion as defined 26in Section 1-10 of the Reproductive Health Act. The death is HB3243- 372 -LRB104 10408 AAS 20483 b 1indicated by the fact that after such separation the fetus 2does not breathe or show any other evidence of life such as 3beating of the heart, pulsation of the umbilical cord, or 4definite movement of voluntary muscles. 5 (7) "Dead body" means a lifeless human body or parts of 6such body or bones thereof from the state of which it may 7reasonably be concluded that death has occurred. 8 (8) "Final disposition" means the burial, cremation, or 9other disposition of a dead human body or fetus or parts 10thereof. 11 (9) "Physician" means a person licensed to practice 12medicine in Illinois or any other state. 13 (10) "Institution" means any establishment, public or 14private, which provides in-patient medical, surgical, or 15diagnostic care or treatment, or nursing, custodial, or 16domiciliary care to 2 or more unrelated individuals, or to 17which persons are committed by law. 18 (11) "Department" means the Department of Public Health of 19the State of Illinois. 20 (12) "Director" means the Director of the Illinois 21Department of Public Health. 22 (13) "Licensed health care professional" means a person 23licensed to practice as a physician, advanced practice 24registered nurse, or physician assistant in Illinois or any 25other state. 26 (14) "Licensed mental health professional" means a person HB3243- 373 -LRB104 10408 AAS 20483 b 1who is licensed or registered to provide mental health 2services by the Department of Financial and Professional 3Regulation or a board of registration duly authorized to 4register or grant licenses to persons engaged in the practice 5of providing mental health services in Illinois or any other 6state. 7 (15) "Intersex condition" means a condition in which a 8person is born with a reproductive or sexual anatomy or 9chromosome pattern that does not fit typical definitions of 10male or female. 11 (16) "Homeless person" means an individual who meets the 12definition of "homeless" under Section 103 of the federal 13McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an 14individual residing in any of the living situations described 15in 42 U.S.C. 11434a(2). 16 (17) "Advanced practice registered nurse" means: (i) an 17advanced practice registered nurse with full practice 18authority; or (ii) an advanced practice registered nurse with 19a collaborative agreement with a physician who has delegated 20the completion of death certificates. 21 (18) "Certifying health care professional" means a 22physician, physician assistant, or advanced practice 23registered nurse. 24 (19) "Physician assistant" means a physician assistant who 25practices in accordance with a written collaborative agreement 26that includes the completion of death certificates. HB3243- 374 -LRB104 10408 AAS 20483 b 1(Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22; 2102-844, eff. 1-1-23.) 3 Section 5-155. The Environmental Protection Act is amended 4by changing Section 56.1 as follows: 5 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1) 6 Sec. 56.1. Acts prohibited. 7 (A) No person shall: 8 (a) Cause or allow the disposal of any potentially 9 infectious medical waste. Sharps may be disposed in any 10 landfill permitted by the Agency under Section 21 of this 11 Act to accept municipal waste for disposal, if both: 12 (1) the infectious potential has been eliminated 13 from the sharps by treatment; and 14 (2) the sharps are packaged in accordance with 15 Board regulations. 16 (b) Cause or allow the delivery of any potentially 17 infectious medical waste for transport, storage, 18 treatment, or transfer except in accordance with Board 19 regulations. 20 (c) Beginning July 1, 1992, cause or allow the 21 delivery of any potentially infectious medical waste to a 22 person or facility for storage, treatment, or transfer 23 that does not have a permit issued by the agency to receive 24 potentially infectious medical waste, unless no permit is HB3243- 375 -LRB104 10408 AAS 20483 b 1 required under subsection (g)(1). 2 (d) Beginning July 1, 1992, cause or allow the 3 delivery or transfer of any potentially infectious medical 4 waste for transport unless: 5 (1) the transporter has a permit issued by the 6 Agency to transport potentially infectious medical 7 waste, or the transporter is exempt from the permit 8 requirement set forth in subsection (f)(l). 9 (2) a potentially infectious medical waste 10 manifest is completed for the waste if a manifest is 11 required under subsection (h). 12 (e) Cause or allow the acceptance of any potentially 13 infectious medical waste for purposes of transport, 14 storage, treatment, or transfer except in accordance with 15 Board regulations. 16 (f) Beginning July 1, 1992, conduct any potentially 17 infectious medical waste transportation operation: 18 (1) Without a permit issued by the Agency to 19 transport potentially infectious medical waste. No 20 permit is required under this provision (f)(1) for: 21 (A) a person transporting potentially 22 infectious medical waste generated solely by that 23 person's activities; 24 (B) noncommercial transportation of less than 25 50 pounds of potentially infectious medical waste 26 at any one time; or HB3243- 376 -LRB104 10408 AAS 20483 b 1 (C) the U.S. Postal Service. 2 (2) In violation of any condition of any permit 3 issued by the Agency under this Act. 4 (3) In violation of any regulation adopted by the 5 Board. 6 (4) In violation of any order adopted by the Board 7 under this Act. 8 (g) Beginning July 1, 1992, conduct any potentially 9 infectious medical waste treatment, storage, or transfer 10 operation: 11 (1) without a permit issued by the Agency that 12 specifically authorizes the treatment, storage, or 13 transfer of potentially infectious medical waste. No 14 permit is required under this subsection (g) or 15 subsection (d)(1) of Section 21 for any: 16 (A) Person conducting a potentially infectious 17 medical waste treatment, storage, or transfer 18 operation for potentially infectious medical waste 19 generated by the person's own activities that are 20 treated, stored, or transferred within the site 21 where the potentially infectious medical waste is 22 generated. 23 (B) Hospital that treats, stores, or transfers 24 only potentially infectious medical waste 25 generated by its own activities or by members of 26 its medical staff. HB3243- 377 -LRB104 10408 AAS 20483 b 1 (C) Sharps collection station that is operated 2 in accordance with Section 56.7. 3 (2) in violation of any condition of any permit 4 issued by the Agency under this Act. 5 (3) in violation of any regulation adopted by the 6 Board. 7 (4) In violation of any order adopted by the Board 8 under this Act. 9 (h) Transport potentially infectious medical waste 10 unless the transporter carries a completed potentially 11 infectious medical waste manifest. No manifest is required 12 for the transportation of: 13 (1) potentially infectious medical waste being 14 transported by generators who generated the waste by 15 their own activities, when the potentially infectious 16 medical waste is transported within or between sites 17 or facilities owned, controlled, or operated by that 18 person; 19 (2) less than 50 pounds of potentially infectious 20 medical waste at any one time for a noncommercial 21 transportation activity; or 22 (3) potentially infectious medical waste by the 23 U.S. Postal Service. 24 (i) Offer for transportation, transport, deliver, 25 receive or accept potentially infectious medical waste for 26 which a manifest is required, unless the manifest HB3243- 378 -LRB104 10408 AAS 20483 b 1 indicates that the fee required under Section 56.4 of this 2 Act has been paid. 3 (j) Beginning January 1, 1994, conduct a potentially 4 infectious medical waste treatment operation at an 5 incinerator in existence on the effective date of this 6 Title in violation of emission standards established for 7 these incinerators under Section 129 of the Clean Air Act 8 (42 USC 7429), as amended. 9 (k) Beginning July 1, 2015, knowingly mix household 10 sharps, including, but not limited to, hypodermic, 11 intravenous, or other medical needles or syringes or other 12 medical household waste containing used or unused sharps, 13 including, but not limited to, hypodermic, intravenous, or 14 other medical needles or syringes or other sharps, with 15 any other material intended for collection as a recyclable 16 material by a residential hauler. 17 (l) Beginning on July 1, 2015, knowingly place 18 household sharps into a container intended for collection 19 by a residential hauler for processing at a recycling 20 center. 21 (B) In making its orders and determinations relative to 22penalties, if any, to be imposed for violating subdivision 23(A)(a) of this Section, the Board, in addition to the factors 24in Sections 33(c) and 42(h) of this Act, or the Court shall 25take into consideration whether the owner or operator of the 26landfill reasonably relied on written statements from the HB3243- 379 -LRB104 10408 AAS 20483 b 1person generating or treating the waste that the waste is not 2potentially infectious medical waste. 3 (C) Notwithstanding subsection (A) or any other provision 4of law, including the Vital Records Act, tissue and products 5from an abortion, as defined in Section 1-10 of the 6Reproductive Health Act, or a miscarriage may be buried, 7entombed, or cremated. 8(Source: P.A. 101-13, eff. 6-12-19.) 9 Section 5-160. The Criminal Code of 2012 is amended by 10changing Section 9-1.2, 9-2.1, 9-3.2, and 12-3.1 as follows: 11 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2) 12 Sec. 9-1.2. Intentional homicide of an unborn child. 13 (a) A person commits the offense of intentional homicide 14of an unborn child if, in performing acts which cause the death 15of an unborn child, he without lawful justification: 16 (1) either intended to cause the death of or do great 17 bodily harm to the pregnant woman individual or her unborn 18 child or knew that such acts would cause death or great 19 bodily harm to the pregnant woman individual or her unborn 20 child; or 21 (2) knew that his acts created a strong probability of 22 death or great bodily harm to the pregnant woman 23 individual or her unborn child; and 24 (3) knew that the woman individual was pregnant. HB3243- 380 -LRB104 10408 AAS 20483 b 1 (b) For purposes of this Section, (1) "unborn child" shall 2mean any individual of the human species from fertilization 3the implantation of an embryo until birth, and (2) "person" 4shall not include the pregnant woman whose unborn child is 5killed. 6 (c) This Section shall not apply to acts which cause the 7death of an unborn child if those acts were committed during 8any abortion, as defined in Section 1-5 of the Illinois 9Abortion Law of 2025 1-10 of the Reproductive Health Act, to 10which the pregnant woman individual has consented. This 11Section shall not apply to acts which were committed pursuant 12to usual and customary standards of medical practice during 13diagnostic testing or therapeutic treatment. 14 (d) Penalty. The sentence for intentional homicide of an 15unborn child shall be the same as for first degree murder, 16except that: 17 (1) (blank); 18 (2) if the person committed the offense while armed 19 with a firearm, 15 years shall be added to the term of 20 imprisonment imposed by the court; 21 (3) if, during the commission of the offense, the 22 person personally discharged a firearm, 20 years shall be 23 added to the term of imprisonment imposed by the court; 24 (4) if, during the commission of the offense, the 25 person personally discharged a firearm that proximately 26 caused great bodily harm, permanent disability, permanent HB3243- 381 -LRB104 10408 AAS 20483 b 1 disfigurement, or death to another person, 25 years or up 2 to a term of natural life shall be added to the term of 3 imprisonment imposed by the court. 4 (e) The provisions of this Act shall not be construed to 5prohibit the prosecution of any person under any other 6provision of law. 7(Source: P.A. 103-51, eff. 1-1-24.) 8 (720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1) 9 Sec. 9-2.1. Voluntary Manslaughter of an Unborn Child. (a) 10A person who kills an unborn child without lawful 11justification commits voluntary manslaughter of an unborn 12child if at the time of the killing he is acting under a sudden 13and intense passion resulting from serious provocation by 14another whom the offender endeavors to kill, but he 15negligently or accidentally causes the death of the unborn 16child. 17 Serious provocation is conduct sufficient to excite an 18intense passion in a reasonable person. 19 (b) A person who intentionally or knowingly kills an 20unborn child commits voluntary manslaughter of an unborn child 21if at the time of the killing he believes the circumstances to 22be such that, if they existed, would justify or exonerate the 23killing under the principles stated in Article 7 of this Code, 24but his belief is unreasonable. 25 (c) Sentence. Voluntary Manslaughter of an unborn child is HB3243- 382 -LRB104 10408 AAS 20483 b 1a Class 1 felony. 2 (d) For purposes of this Section, (1) "unborn child" shall 3mean any individual of the human species from fertilization 4the implantation of an embryo until birth, and (2) "person" 5shall not include the pregnant woman individual whose unborn 6child is killed. 7 (e) This Section shall not apply to acts which cause the 8death of an unborn child if those acts were committed during 9any abortion, as defined in Section Section 1-5 of the 10Illinois Abortion Law of 2025 1-10 of the Reproductive Health 11Act, to which the pregnant woman individual has consented. 12This Section shall not apply to acts which were committed 13pursuant to usual and customary standards of medical practice 14during diagnostic testing or therapeutic treatment. 15(Source: P.A. 101-13, eff. 6-12-19.) 16 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2) 17 Sec. 9-3.2. Involuntary manslaughter and reckless homicide 18of an unborn child. 19 (a) A person who unintentionally kills an unborn child 20without lawful justification commits involuntary manslaughter 21of an unborn child if his acts whether lawful or unlawful which 22cause the death are such as are likely to cause death or great 23bodily harm to some individual, and he performs them 24recklessly, except in cases in which the cause of death 25consists of the driving of a motor vehicle, in which case the HB3243- 383 -LRB104 10408 AAS 20483 b 1person commits reckless homicide of an unborn child. 2 (b) Sentence. 3 (1) Involuntary manslaughter of an unborn child is a 4 Class 3 felony. 5 (2) Reckless homicide of an unborn child is a Class 3 6 felony. 7 (c) For purposes of this Section, (1) "unborn child" shall 8mean any individual of the human species from fertilization 9the implantation of an embryo until birth, and (2) "person" 10shall not include the pregnant individual whose unborn child 11is killed. 12 (d) This Section shall not apply to acts which cause the 13death of an unborn child if those acts were committed during 14any abortion, as defined in Section 1-5 of the Illinois 15Abortion Law of 2025 1-10 of the Reproductive Health Act, to 16which the pregnant woman individual has consented. This 17Section shall not apply to acts which were committed pursuant 18to usual and customary standards of medical practice during 19diagnostic testing or therapeutic treatment. 20 (e) The provisions of this Section shall not be construed 21to prohibit the prosecution of any person under any other 22provision of law, nor shall it be construed to preclude any 23civil cause of action. 24(Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.) 25 (720 ILCS 5/12-3.1) (from Ch. 38, par. 12-3.1) HB3243- 384 -LRB104 10408 AAS 20483 b 1 Sec. 12-3.1. Battery of an unborn child; aggravated 2battery of an unborn child. 3 (a) A person commits battery of an unborn child if he or 4she knowingly without legal justification and by any means 5causes bodily harm to an unborn child. 6 (a-5) A person commits aggravated battery of an unborn 7child when, in committing a battery of an unborn child, he or 8she knowingly causes great bodily harm or permanent disability 9or disfigurement to an unborn child. 10 (b) For purposes of this Section, (1) "unborn child" shall 11mean any individual of the human species from fertilization 12the implantation of an embryo until birth, and (2) "person" 13shall not include the pregnant woman individual whose unborn 14child is harmed. 15 (c) Sentence. Battery of an unborn child is a Class A 16misdemeanor. Aggravated battery of an unborn child is a Class 172 felony. 18 (d) This Section shall not apply to acts which cause 19bodily harm to an unborn child if those acts were committed 20during any abortion, as defined in Section 1-5 of the Illinois 21Abortion Law of 2025 1-10 of the Reproductive Health Act, to 22which the pregnant woman individual has consented. This 23Section shall not apply to acts which were committed pursuant 24to usual and customary standards of medical practice during 25diagnostic testing or therapeutic treatment. 26(Source: P.A. 101-13, eff. 6-12-19.) HB3243- 385 -LRB104 10408 AAS 20483 b 1 Section 5-165. The Uniform Act to Secure the Attendance of 2Witnesses from Within or Without a State in Criminal 3Proceedings is amended by changing Section 2 as follows: 4 (725 ILCS 220/2) (from Ch. 38, par. 156-2) 5 Sec. 2. Summoning witness in this state to testify in 6another state. 7 If a judge of a court of record in any state which by its 8laws has made provision for commanding persons within that 9state to attend and testify in this state certifies under the 10seal of such court that there is a criminal prosecution 11pending in such court, or that a grand jury investigation has 12commenced or is about to commence, that a person being within 13this state is a material witness in such prosecution, or grand 14jury investigation, and his presence will be required for a 15specified number of days, upon presentation of such 16certificate to any judge of a court in the county in which such 17person is, such judge shall fix a time and place for a hearing, 18and shall make an order directing the witness to appear at a 19time and place certain for the hearing. 20 If at a hearing the judge determines that the witness is 21material and necessary, that it will not cause undue hardship 22to the witness to be compelled to attend and testify in the 23prosecution or a grand jury investigation in the other state, 24and that the laws of the state in which the prosecution is HB3243- 386 -LRB104 10408 AAS 20483 b 1pending, or grand jury investigation has commenced or is about 2to commence (and of any other state through which the witness 3may be required to pass by ordinary course of travel), will 4give to him protection from arrest and the service of civil and 5criminal process, he shall issue a summons, with a copy of the 6certificate attached, directing the witness to attend and 7testify in the court where the prosecution is pending, or 8where a grand jury investigation has commenced or is about to 9commence at a time and place specified in the summons. In any 10such hearing the certificate shall be prima facie evidence of 11all the facts stated therein. 12 If said certificate recommends that the witness be taken 13into immediate custody and delivered to an officer of the 14requesting state to assure his attendance in the requesting 15state, such judge may, in lieu of notification of the hearing, 16direct that such witness be forthwith brought before him for 17said hearing; and the judge at the hearing being satisfied of 18the desirability of such custody and delivery, for which 19determination the certificate shall be prima facie proof of 20such desirability may, in lieu of issuing subpoena or summons, 21order that said witness be forthwith taken into custody and 22delivered to an officer of the requesting state. 23 No subpoena, summons, or order shall be issued for a 24witness to provide information or testimony in relation to any 25proceeding if the charge is based on conduct that involves 26lawful health care activity, as defined by the Lawful Health HB3243- 387 -LRB104 10408 AAS 20483 b 1Care Activity Act, that is not unlawful under the laws of this 2State. This limitation does not apply for the purpose of 3complying with obligations under Brady v. Maryland (373 U.S. 483) or Giglio v. United States (405 U.S. 150). 5 If the witness, who is summoned as above provided, after 6being paid or tendered by some properly authorized person the 7sum of 10 cents a mile for each mile by the ordinary travel 8route to and from the court where the prosecution is pending 9and five dollars for each day that he is required to travel and 10attend as a witness, fails without good cause to attend and 11testify as directed in the summons, he shall be punished in the 12manner provided for the punishment of any witness who disobeys 13a summons issued from a court in this state. 14(Source: P.A. 102-1117, eff. 1-13-23.) 15 Section 5-170. The Uniform Criminal Extradition Act is 16amended by changing Section 6 as follows: 17 (725 ILCS 225/6) (from Ch. 60, par. 23) 18 Sec. 6. Extradition of persons not present in demanding 19state at time of commission of crime. 20 The Governor of this State may also surrender, on demand 21of the Executive Authority of any other state, any person in 22this State charged in such other state in the manner provided 23in Section 3 with committing an act in this State, or in a 24third state, intentionally resulting in a crime in the state HB3243- 388 -LRB104 10408 AAS 20483 b 1whose Executive Authority is making the demand. However, the 2Governor of this State shall not surrender such a person if the 3charge is based on conduct that involves seeking, providing, 4receiving, assisting in seeking, providing, or receiving, 5providing material support for, or traveling to obtain lawful 6health care, as defined by Section 28-10 of the Lawful Health 7Care Activity Act, that is not unlawful under the laws of this 8State, including a charge based on any theory of vicarious, 9joint, several, or conspiracy liability. 10(Source: P.A. 102-1117, eff. 1-13-23.) 11 Section 5-175. The Code of Civil Procedure is amended by 12changing Section 8-802 and by adding Section 11-107.1a as 13follows: 14 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802) 15 Sec. 8-802. Physician and patient. No physician or surgeon 16shall be permitted to disclose any information he or she may 17have acquired in attending any patient in a professional 18character, necessary to enable him or her professionally to 19serve the patient, except only (1) in trials for homicide when 20the disclosure relates directly to the fact or immediate 21circumstances of the homicide, (2) in actions, civil or 22criminal, against the physician for malpractice, (3) with the 23expressed consent of the patient, or in case of his or her 24death or disability, of his or her personal representative or HB3243- 389 -LRB104 10408 AAS 20483 b 1other person authorized to sue for personal injury or of the 2beneficiary of an insurance policy on his or her life, health, 3or physical condition, or as authorized by Section 8-2001.5, 4(4) in all actions brought by or against the patient, his or 5her personal representative, a beneficiary under a policy of 6insurance, or the executor or administrator of his or her 7estate wherein the patient's physical or mental condition is 8an issue, (5) upon an issue as to the validity of a document as 9a will of the patient, (6) in any criminal action where the 10charge is either first degree murder by abortion, attempted 11abortion or abortion (blank), (7) in actions, civil or 12criminal, arising from the filing of a report in compliance 13with the Abused and Neglected Child Reporting Act, (8) to any 14department, agency, institution or facility which has custody 15of the patient pursuant to State statute or any court order of 16commitment, (9) in prosecutions where written results of blood 17alcohol tests are admissible pursuant to Section 11-501.4 of 18the Illinois Vehicle Code, (10) in prosecutions where written 19results of blood alcohol tests are admissible under Section 205-11a of the Boat Registration and Safety Act, (11) in 21criminal actions arising from the filing of a report of 22suspected terrorist offense in compliance with Section 2329D-10(p)(7) of the Criminal Code of 2012, (12) upon the 24issuance of a subpoena pursuant to Section 38 of the Medical 25Practice Act of 1987; the issuance of a subpoena pursuant to 26Section 25.1 of the Illinois Dental Practice Act; the issuance HB3243- 390 -LRB104 10408 AAS 20483 b 1of a subpoena pursuant to Section 22 of the Nursing Home 2Administrators Licensing and Disciplinary Act; or the issuance 3of a subpoena pursuant to Section 25.5 of the Workers' 4Compensation Act, (13) upon the issuance of a grand jury 5subpoena pursuant to Article 112 of the Code of Criminal 6Procedure of 1963, or (14) to or through a health information 7exchange, as that term is defined in Section 2 of the Mental 8Health and Developmental Disabilities Confidentiality Act, in 9accordance with State or federal law. 10 Upon disclosure under item (13) of this Section, in any 11criminal action where the charge is domestic battery, 12aggravated domestic battery, or an offense under Article 11 of 13the Criminal Code of 2012 or where the patient is under the age 14of 18 years or upon the request of the patient, the State's 15Attorney shall petition the court for a protective order 16pursuant to Supreme Court Rule 415. 17 In the event of a conflict between the application of this 18Section and the Mental Health and Developmental Disabilities 19Confidentiality Act to a specific situation, the provisions of 20the Mental Health and Developmental Disabilities 21Confidentiality Act shall control. 22(Source: P.A. 101-13, eff. 6-12-19.) 23 (735 ILCS 5/11-107.1a new) 24 Sec. 11-107.1a. Injunctive relief for the father of an 25unborn child in an abortion related decision by the mother. In HB3243- 391 -LRB104 10408 AAS 20483 b 1any case when a married woman wishes to have an abortion 2performed upon her, and her spouse, who is the father of the 3unborn child, is opposed to the performance of that abortion, 4a court may hear testimony from both parties and balance the 5rights and interests of those parties. 6 When the interests of the husband in preventing the 7abortion outweigh those of the wife in having an abortion 8performed after the unborn child is viable, the court may 9issue an injunction against the performance of the abortion 10but only where the court makes a finding that the mother's life 11or physical health are not in danger. 12 Section 5-180. The Uniform Interstate Depositions and 13Discovery Act is amended by changing Section 3 as follows: 14 (735 ILCS 35/3) 15 Sec. 3. Issuance of subpoena. 16 (a) To request issuance of a subpoena under this Section, 17a party must submit a foreign subpoena to a clerk of court in 18the county in which discovery is sought to be conducted in this 19State. A request for the issuance of a subpoena under this Act 20does not constitute an appearance in the courts of this State. 21 (b) When a party submits a foreign subpoena to a clerk of 22court in this State, the clerk, in accordance with that 23court's procedure, shall promptly issue a subpoena for service 24upon the person to which the foreign subpoena is directed HB3243- 392 -LRB104 10408 AAS 20483 b 1unless issuance is prohibited by Section 3.5. 2 (c) A subpoena under subsection (b) must: 3 (A) incorporate the terms used in the foreign 4 subpoena; and 5 (B) contain or be accompanied by the names, addresses, 6 and telephone numbers of all counsel of record in the 7 proceeding to which the subpoena relates and of any party 8 not represented by counsel. 9(Source: P.A. 102-1117, eff. 1-13-23.) 10 Section 5-185. The Wrongful Death Act is amended by 11changing Section 2.2 as follows: 12 (740 ILCS 180/2.2) (from Ch. 70, par. 2.2) 13 Sec. 2.2. The state of gestation or development of a human 14being when an injury is caused, when an injury takes effect, or 15at death, shall not foreclose maintenance of any cause of 16action under the law of this State arising from the death of a 17human being caused by wrongful act, neglect or default. 18 There shall be no cause of action against a physician or a 19medical institution health care professional, a medical 20institution, or the pregnant person for the wrongful death of 21a fetus caused by an abortion where the abortion was permitted 22by law and the requisite consent was lawfully given. Provided, 23however, that a cause of action is not prohibited where the 24fetus is live-born but subsequently dies. HB3243- 393 -LRB104 10408 AAS 20483 b 1 There shall be no cause of action against a physician or a 2medical institution for the wrongful death of a fetus based on 3the alleged misconduct of the physician or medical institution 4where the defendant did not know and, under the applicable 5standard of good medical care, had no medical reason to know of 6the pregnancy of the mother of the fetus. 7(Source: P.A. 102-1117, eff. 1-13-23.) 8 Section 5-190. The Health Care Right of Conscience Act is 9amended by changing Section 3 as follows: 10 (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303) 11 Sec. 3. Definitions. As used in this Act, unless the 12context clearly otherwise requires: 13 (a) "Health care" means any phase of patient care, 14 including but not limited to, testing; diagnosis; 15 prognosis; ancillary research; instructions; family 16 planning, counselling, referrals, or any other advice in 17 connection with the use or procurement of contraceptives 18 and sterilization or abortion procedures; medication; or 19 surgery or other care or treatment rendered by a physician 20 or physicians, nurses, paraprofessionals or health care 21 facility, intended for the physical, emotional, and mental 22 well-being of persons; or an abortion as defined by the 23 Reproductive Health Act; 24 (b) "Physician" means any person who is licensed by HB3243- 394 -LRB104 10408 AAS 20483 b 1 the State of Illinois under the Medical Practice Act of 2 1987; 3 (c) "Health care personnel" means any nurse, nurses' 4 aide, medical school student, professional, 5 paraprofessional or any other person who furnishes, or 6 assists in the furnishing of, health care services; 7 (d) "Health care facility" means any public or private 8 hospital, clinic, center, medical school, medical training 9 institution, laboratory or diagnostic facility, 10 physician's office, infirmary, dispensary, ambulatory 11 surgical treatment center or other institution or location 12 wherein health care services are provided to any person, 13 including physician organizations and associations, 14 networks, joint ventures, and all other combinations of 15 those organizations; 16 (e) "Conscience" means a sincerely held set of moral 17 convictions arising from belief in and relation to God, or 18 which, though not so derived, arises from a place in the 19 life of its possessor parallel to that filled by God among 20 adherents to religious faiths; 21 (f) "Health care payer" means a health maintenance 22 organization, insurance company, management services 23 organization, or any other entity that pays for or 24 arranges for the payment of any health care or medical 25 care service, procedure, or product; and 26 (g) "Undue delay" means unreasonable delay that causes HB3243- 395 -LRB104 10408 AAS 20483 b 1 impairment of the patient's health. 2 The above definitions include not only the traditional 3combinations and forms of these persons and organizations but 4also all new and emerging forms and combinations of these 5persons and organizations. 6(Source: P.A. 101-13, eff. 6-12-19.) 7 Section 5-195. The Illinois Parentage Act of 2015 is 8amended by changing Sections 704 and 709 as follows: 9 (750 ILCS 46/704) 10 Sec. 704. Withdrawal of consent of intended parent or 11donor. An intended parent or donor may withdraw consent to use 12his or her gametes in a writing or legal pleading with notice 13to the other participants. An intended parent who withdraws 14consent under this Section prior to the insemination or embryo 15transfer is not a parent of any resulting child. If a donor 16withdraws consent to his or her donation prior to the 17insemination or the combination of gametes, the intended 18parent is not the parent of any resulting child. If the 19intended parent or parents no longer wish to use any remaining 20cryopreserved fertilized ovum for medical purposes, the terms 21of the most recent informed consent of the intended parent or 22parents executed at the fertility center or a marital 23settlement agreement under a judgment of dissolution of 24marriage, judgment of legal separation, or judgment of HB3243- 396 -LRB104 10408 AAS 20483 b 1dissolution of civil union governs the disposition of the 2fertilized ovum. 3(Source: P.A. 102-1117, eff. 1-13-23.) 4 (750 ILCS 46/709) 5 Sec. 709. Establishment of parentage; requirements of 6Gestational Surrogacy Act. 7 (a) In the event of gestational surrogacy, in addition to 8the requirements of the Gestational Surrogacy Act, a 9parent-child relationship is established between a person and 10a child if all of the following conditions are met prior to the 11birth of the child: 12 (1) The gestational surrogate certifies that she did 13 not provide a gamete for the child, and that she is 14 carrying the child for the intended parents. 15 (2) The spouse, if any, of the gestational surrogate 16 certifies that he or she did not provide a gamete for the 17 child. 18 (3) Each intended parent, or the parent's legally 19 authorized designee if an intended parent dies, certifies 20 that the child being carried by the gestational surrogate 21 was conceived using at least one of the intended parents' 22 gametes. 23 (4) A physician licensed in the state in which the 24 fertilized ovum was inseminated or transferred to the 25 gestational surrogate certifies that the child being HB3243- 397 -LRB104 10408 AAS 20483 b 1 carried by the gestational surrogate was conceived using 2 the gamete or gametes of at least one of the intended 3 parents, and that neither the gestational surrogate nor 4 the gestational surrogate's spouse, if any, provided 5 gametes for the child being carried by the gestational 6 surrogate. 7 (5) The attorneys for the intended parents and the 8 gestational surrogate each certify that the parties 9 entered into a gestational surrogacy agreement intended to 10 satisfy the requirements of the Gestational Surrogacy Act. 11 (b) All certifications under this Section shall be in 12writing and witnessed by 2 competent adults who are not the 13gestational surrogate, gestational surrogate's spouse, if any, 14or an intended parent. Certifications shall be on forms 15prescribed by the Illinois Department of Public Health and 16shall be executed prior to the birth of the child. All 17certifications shall be provided, prior to the birth of the 18child, to both the hospital where the gestational surrogate 19anticipates the delivery will occur and to the Illinois 20Department of Public Health. 21 (c) Parentage established in accordance with this Section 22has the full force and effect of a judgment entered under this 23Act. 24 (d) The Illinois Department of Public Health shall adopt 25rules to implement this Section. 26(Source: P.A. 102-1117, eff. 1-13-23.) HB3243- 398 -LRB104 10408 AAS 20483 b 1 Section 5-200. The Rights of Married Persons Act is 2amended by changing Section 15 as follows: 3 (750 ILCS 65/15) (from Ch. 40, par. 1015) 4 Sec. 15. (a)(1) The expenses of the family and of the 5education of the children shall be chargeable upon the 6property of both husband and wife, or of either of them, in 7favor of creditors therefor, and in relation thereto they may 8be sued jointly or separately. 9 (2) No creditor, who has a claim against a spouse or former 10spouse for an expense incurred by that spouse or former spouse 11which is not a family expense, shall maintain an action 12against the other spouse or former spouse for that expense 13except: 14 (A) an expense for which the other spouse or former spouse 15agreed, in writing, to be liable; or 16 (B) an expense for goods or merchandise purchased by or in 17the possession of the other spouse or former spouse, or for 18services ordered by the other spouse or former spouse. 19 (3) Any creditor who maintains an action in violation of 20this subsection (a) for an expense other than a family expense 21against a spouse or former spouse other than the spouse or 22former spouse who incurred the expense, shall be liable to the 23other spouse or former spouse for his or her costs, expenses 24and attorney's fees incurred in defending the action. HB3243- 399 -LRB104 10408 AAS 20483 b 1 (4) No creditor shall, with respect to any claim against a 2spouse or former spouse for which the creditor is prohibited 3under this subsection (a) from maintaining an action against 4the other spouse or former spouse, engage in any collection 5efforts against the other spouse or former spouse, including, 6but not limited to, informal or formal collection attempts, 7referral of the claim to a collector or collection agency for 8collection from the other spouse or former spouse, or making 9any representation to a credit reporting agency that the other 10spouse or former spouse is any way liable for payment of the 11claim. 12 (b) No spouse shall be liable for any expense incurred by 13the other spouse when an abortion is performed on such spouse, 14without the consent of such other spouse, unless the physician 15who performed the abortion certifies that such abortion is 16necessary to preserve the life of the spouse who obtained such 17abortion. (Blank). 18 (c) No parent shall be liable for any expense incurred by 19his or her minor child when an abortion is performed on such 20minor child without the consent of both parents of such child, 21if they both have custody, or the parent having custody, or 22legal guardian of such child, unless the physician who 23performed the abortion certifies that such abortion is 24necessary to preserve the life of the minor child who obtained 25such abortion. (Blank). 26(Source: P.A. 101-13, eff. 6-12-19.) HB3243- 400 -LRB104 10408 AAS 20483 b 1Article 6. 2 (30 ILCS 105/5.990 rep.) 3 Section 6-15. The State Finance Act is amended by 4repealing Section 5.990. 5 (215 ILCS 5/356z.4a rep.) 6 Section 6-20. The Illinois Insurance Code is amended by 7repealing Section 356z.4a. 8 (215 ILCS 5/356z.60 rep.) 9 Section 6-25. The Illinois Insurance Code is amended by 10repealing Section 356z.60. 11 (225 ILCS 95/9.7 rep.) 12 Section 6-30. The Physician Assistant Practice Act of 1987 13is amended by repealing Section 9.7. 14 (225 ILCS 60/66 rep.) 15 Section 6-35. The Medical Practice Act of 1987 is amended 16by repealing Section 66. 17 (225 ILCS 65/65-11 rep.) 18 (225 ILCS 65/65-11.5 rep.) 19 Section 6-40. The Nurse Practice Act is amended by HB3243- 401 -LRB104 10408 AAS 20483 b 1repealing Sections 65-11 and 65-11.5. 2 (410 ILCS 185/Act rep.) 3 Section 6-45. The Abortion Care Clinical Training Program 4Act is repealed. 5 (735 ILCS 35/3.5 rep.) 6 Section 6-50. The Uniform Interstate Depositions and 7Discovery Act is amended by repealing Section 3.5. 8 (735 ILCS 40/Act rep.) 9 Section 6-55. The Lawful Health Care Activity Act is 10repealed. 11 (740 ILCS 126/Act rep.) 12 Section 6-60. The Protecting Reproductive Health Care 13Services Act is repealed. 14 (775 ILCS 55/Act rep.) 15 Section 6-65. The Reproductive Health Act is repealed. 16Article 99. 17 Section 99-95. No acceleration or delay. Where this Act 18makes changes in a statute that is represented in this Act by 19text that is not yet or no longer in effect (for example, a HB3243- 402 -LRB104 10408 AAS 20483 b 1Section represented by multiple versions), the use of that 2text does not accelerate or delay the taking effect of (i) the 3changes made by this Act or (ii) provisions derived from any 4other Public Act. 5 Section 99-99. Effective date. This Act takes effect upon 6becoming law. HB3243- 403 -LRB104 10408 AAS 20483 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 5 ILCS 140/7.5 5 5 ILCS 375/6.11 6 20 ILCS 505/5 7 20 ILCS 2630/3.2from Ch. 38, par. 206-3.2 8 55 ILCS 5/3-3013from Ch. 34, par. 3-3013 9 55 ILCS 5/3-4006from Ch. 34, par. 3-4006 10 55 ILCS 5/5-1069.3 11 65 ILCS 5/10-4-2.3 12 105 ILCS 5/10-22.3f 13 210 ILCS 5/2from Ch. 111 1/2, par. 157-8.2 14 210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3 15 210 ILCS 5/6.2 new 16 210 ILCS 170/5 17 210 ILCS 170/30 18 215 ILCS 5/356z.3a 19 215 ILCS 5/356z.4 20 215 ILCS 124/10 21 215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2 22 215 ILCS 130/4003from Ch. 73, par. 1504-3 23 215 ILCS 165/10from Ch. 32, par. 604 24 225 ILCS 6/60 25 225 ILCS 15/15from Ch. 111, par. 5365 HB3243- 404 -LRB104 10408 AAS 20483 b 1 225 ILCS 20/19 2 225 ILCS 55/85from Ch. 111, par. 8351-85 3 225 ILCS 60/2from Ch. 111, par. 4400-2 4 225 ILCS 60/22from Ch. 111, par. 4400-22 5 225 ILCS 60/23from Ch. 111, par. 4400-23 6 225 ILCS 60/36from Ch. 111, par. 4400-36 7 225 ILCS 60/49.5 8 225 ILCS 65/65-35was 225 ILCS 65/15-15 9 225 ILCS 65/65-43 10 225 ILCS 65/65-65was 225 ILCS 65/15-55 11 225 ILCS 65/70-5was 225 ILCS 65/10-45 12 225 ILCS 85/30from Ch. 111, par. 4150 13 225 ILCS 85/30.1 14 225 ILCS 85/43 15 225 ILCS 95/7.5 16 225 ILCS 95/21from Ch. 111, par. 4621 17 225 ILCS 107/80 18 225 ILCS 130/75 19 225 ILCS 135/95 20 225 ILCS 150/10 21 225 ILCS 150/15 22 305 ILCS 5/5-16.8 23 410 ILCS 70/9.1 new 24 410 ILCS 210/1.5 25 410 ILCS 535/1from Ch. 111 1/2, par. 73-1 26 415 ILCS 5/56.1from Ch. 111 1/2, par. 1056.1 HB3243- 405 -LRB104 10408 AAS 20483 b 1 720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2 2 720 ILCS 5/9-2.1from Ch. 38, par. 9-2.1 3 720 ILCS 5/9-3.2from Ch. 38, par. 9-3.2 4 720 ILCS 5/12-3.1from Ch. 38, par. 12-3.1 5 725 ILCS 220/2from Ch. 38, par. 156-2 6 725 ILCS 225/6from Ch. 60, par. 23 7 735 ILCS 5/8-802from Ch. 110, par. 8-802 8 735 ILCS 5/11-107.1a new 9 735 ILCS 35/3 10 740 ILCS 180/2.2from Ch. 70, par. 2.2 11 745 ILCS 70/3from Ch. 111 1/2, par. 5303 12 750 ILCS 46/704 13 750 ILCS 46/709 14 750 ILCS 65/15from Ch. 40, par. 1015 15 30 ILCS 105/5.990 rep. 16 215 ILCS 5/356z.4a rep. 17 215 ILCS 5/356z.60 rep. 18 225 ILCS 95/9.7 rep. 19 225 ILCS 60/66 rep. 20 225 ILCS 65/65-11 rep. 21 225 ILCS 65/65-11.5 rep. 22 410 ILCS 185/Act rep. 23 735 ILCS 35/3.5 rep. 24 735 ILCS 40/Act rep. 25 740 ILCS 126/Act rep. 26 775 ILCS 55/Act rep.