Text of IL HB 4355 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4355 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 20 ILCS 2310/2310-730 new Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code. Provides that a health care professional shall report to the Department of Public Health each time the health care professional prescribes a puberty blocker to a person under the age of 18. Provides that the report shall be transmitted to the Department on a quarterly basis. Requires the Department to create forms to be used for the reports and that the forms shall not request or require identifying information of the patient or the health care provider. Requires the Department to ensure anonymity of all patients and health care professionals. Provides that all reports are exempt from disclosure under the Freedom of Information Act and are confidential and that access to the reports shall be limited to authorized Department staff for statistical purposes only. Makes a conforming change in the Freedom of Information Act. LRB103 35163 CES 65133 b A BILL FOR HB4355LRB103 35163 CES 65133 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Freedom of Information Act is amended by 5changing Section 7.5 as follows: 6 (5 ILCS 140/7.5) 7 Sec. 7.5. Statutory exemptions. To the extent provided for 8by the statutes referenced below, the following shall be 9exempt from inspection and copying: 10 (a) All information determined to be confidential 11 under Section 4002 of the Technology Advancement and 12 Development Act. 13 (b) Library circulation and order records identifying 14 library users with specific materials under the Library 15 Records Confidentiality Act. 16 (c) Applications, related documents, and medical 17 records received by the Experimental Organ Transplantation 18 Procedures Board and any and all documents or other 19 records prepared by the Experimental Organ Transplantation 20 Procedures Board or its staff relating to applications it 21 has received. 22 (d) Information and records held by the Department of 23 Public Health and its authorized representatives relating HB4355- 2 -LRB103 35163 CES 65133 b 1 to known or suspected cases of sexually transmissible 2 disease or any information the disclosure of which is 3 restricted under the Illinois Sexually Transmissible 4 Disease Control Act. 5 (e) Information the disclosure of which is exempted 6 under Section 30 of the Radon Industry Licensing Act. 7 (f) Firm performance evaluations under Section 55 of 8 the Architectural, Engineering, and Land Surveying 9 Qualifications Based Selection Act. 10 (g) Information the disclosure of which is restricted 11 and exempted under Section 50 of the Illinois Prepaid 12 Tuition Act. 13 (h) Information the disclosure of which is exempted 14 under the State Officials and Employees Ethics Act, and 15 records of any lawfully created State or local inspector 16 general's office that would be exempt if created or 17 obtained by an Executive Inspector General's office under 18 that Act. 19 (i) Information contained in a local emergency energy 20 plan submitted to a municipality in accordance with a 21 local emergency energy plan ordinance that is adopted 22 under Section 11-21.5-5 of the Illinois Municipal Code. 23 (j) Information and data concerning the distribution 24 of surcharge moneys collected and remitted by carriers 25 under the Emergency Telephone System Act. 26 (k) Law enforcement officer identification information HB4355- 3 -LRB103 35163 CES 65133 b 1 or driver identification information compiled by a law 2 enforcement agency or the Department of Transportation 3 under Section 11-212 of the Illinois Vehicle Code. 4 (l) Records and information provided to a residential 5 health care facility resident sexual assault and death 6 review team or the Executive Council under the Abuse 7 Prevention Review Team Act. 8 (m) Information provided to the predatory lending 9 database created pursuant to Article 3 of the Residential 10 Real Property Disclosure Act, except to the extent 11 authorized under that Article. 12 (n) Defense budgets and petitions for certification of 13 compensation and expenses for court appointed trial 14 counsel as provided under Sections 10 and 15 of the 15 Capital Crimes Litigation Act. This subsection (n) shall 16 apply until the conclusion of the trial of the case, even 17 if the prosecution chooses not to pursue the death penalty 18 prior to trial or sentencing. 19 (o) Information that is prohibited from being 20 disclosed under Section 4 of the Illinois Health and 21 Hazardous Substances Registry Act. 22 (p) Security portions of system safety program plans, 23 investigation reports, surveys, schedules, lists, data, or 24 information compiled, collected, or prepared by or for the 25 Department of Transportation under Sections 2705-300 and 26 2705-616 of the Department of Transportation Law of the HB4355- 4 -LRB103 35163 CES 65133 b 1 Civil Administrative Code of Illinois, the Regional 2 Transportation Authority under Section 2.11 of the 3 Regional Transportation Authority Act, or the St. Clair 4 County Transit District under the Bi-State Transit Safety 5 Act. 6 (q) Information prohibited from being disclosed by the 7 Personnel Record Review Act. 8 (r) Information prohibited from being disclosed by the 9 Illinois School Student Records Act. 10 (s) Information the disclosure of which is restricted 11 under Section 5-108 of the Public Utilities Act. 12 (t) All identified or deidentified health information 13 in the form of health data or medical records contained 14 in, stored in, submitted to, transferred by, or released 15 from the Illinois Health Information Exchange, and 16 identified or deidentified health information in the form 17 of health data and medical records of the Illinois Health 18 Information Exchange in the possession of the Illinois 19 Health Information Exchange Office due to its 20 administration of the Illinois Health Information 21 Exchange. The terms "identified" and "deidentified" shall 22 be given the same meaning as in the Health Insurance 23 Portability and Accountability Act of 1996, Public Law 24 104-191, or any subsequent amendments thereto, and any 25 regulations promulgated thereunder. 26 (u) Records and information provided to an independent HB4355- 5 -LRB103 35163 CES 65133 b 1 team of experts under the Developmental Disability and 2 Mental Health Safety Act (also known as Brian's Law). 3 (v) Names and information of people who have applied 4 for or received Firearm Owner's Identification Cards under 5 the Firearm Owners Identification Card Act or applied for 6 or received a concealed carry license under the Firearm 7 Concealed Carry Act, unless otherwise authorized by the 8 Firearm Concealed Carry Act; and databases under the 9 Firearm Concealed Carry Act, records of the Concealed 10 Carry Licensing Review Board under the Firearm Concealed 11 Carry Act, and law enforcement agency objections under the 12 Firearm Concealed Carry Act. 13 (v-5) Records of the Firearm Owner's Identification 14 Card Review Board that are exempted from disclosure under 15 Section 10 of the Firearm Owners Identification Card Act. 16 (w) Personally identifiable information which is 17 exempted from disclosure under subsection (g) of Section 18 19.1 of the Toll Highway Act. 19 (x) Information which is exempted from disclosure 20 under Section 5-1014.3 of the Counties Code or Section 21 8-11-21 of the Illinois Municipal Code. 22 (y) Confidential information under the Adult 23 Protective Services Act and its predecessor enabling 24 statute, the Elder Abuse and Neglect Act, including 25 information about the identity and administrative finding 26 against any caregiver of a verified and substantiated HB4355- 6 -LRB103 35163 CES 65133 b 1 decision of abuse, neglect, or financial exploitation of 2 an eligible adult maintained in the Registry established 3 under Section 7.5 of the Adult Protective Services Act. 4 (z) Records and information provided to a fatality 5 review team or the Illinois Fatality Review Team Advisory 6 Council under Section 15 of the Adult Protective Services 7 Act. 8 (aa) Information which is exempted from disclosure 9 under Section 2.37 of the Wildlife Code. 10 (bb) Information which is or was prohibited from 11 disclosure by the Juvenile Court Act of 1987. 12 (cc) Recordings made under the Law Enforcement 13 Officer-Worn Body Camera Act, except to the extent 14 authorized under that Act. 15 (dd) Information that is prohibited from being 16 disclosed under Section 45 of the Condominium and Common 17 Interest Community Ombudsperson Act. 18 (ee) Information that is exempted from disclosure 19 under Section 30.1 of the Pharmacy Practice Act. 20 (ff) Information that is exempted from disclosure 21 under the Revised Uniform Unclaimed Property Act. 22 (gg) Information that is prohibited from being 23 disclosed under Section 7-603.5 of the Illinois Vehicle 24 Code. 25 (hh) Records that are exempt from disclosure under 26 Section 1A-16.7 of the Election Code. HB4355- 7 -LRB103 35163 CES 65133 b 1 (ii) Information which is exempted from disclosure 2 under Section 2505-800 of the Department of Revenue Law of 3 the Civil Administrative Code of Illinois. 4 (jj) Information and reports that are required to be 5 submitted to the Department of Labor by registering day 6 and temporary labor service agencies but are exempt from 7 disclosure under subsection (a-1) of Section 45 of the Day 8 and Temporary Labor Services Act. 9 (kk) Information prohibited from disclosure under the 10 Seizure and Forfeiture Reporting Act. 11 (ll) Information the disclosure of which is restricted 12 and exempted under Section 5-30.8 of the Illinois Public 13 Aid Code. 14 (mm) Records that are exempt from disclosure under 15 Section 4.2 of the Crime Victims Compensation Act. 16 (nn) Information that is exempt from disclosure under 17 Section 70 of the Higher Education Student Assistance Act. 18 (oo) Communications, notes, records, and reports 19 arising out of a peer support counseling session 20 prohibited from disclosure under the First Responders 21 Suicide Prevention Act. 22 (pp) Names and all identifying information relating to 23 an employee of an emergency services provider or law 24 enforcement agency under the First Responders Suicide 25 Prevention Act. 26 (qq) Information and records held by the Department of HB4355- 8 -LRB103 35163 CES 65133 b 1 Public Health and its authorized representatives collected 2 under the Reproductive Health Act. 3 (rr) Information that is exempt from disclosure under 4 the Cannabis Regulation and Tax Act. 5 (ss) Data reported by an employer to the Department of 6 Human Rights pursuant to Section 2-108 of the Illinois 7 Human Rights Act. 8 (tt) Recordings made under the Children's Advocacy 9 Center Act, except to the extent authorized under that 10 Act. 11 (uu) Information that is exempt from disclosure under 12 Section 50 of the Sexual Assault Evidence Submission Act. 13 (vv) Information that is exempt from disclosure under 14 subsections (f) and (j) of Section 5-36 of the Illinois 15 Public Aid Code. 16 (ww) Information that is exempt from disclosure under 17 Section 16.8 of the State Treasurer Act. 18 (xx) Information that is exempt from disclosure or 19 information that shall not be made public under the 20 Illinois Insurance Code. 21 (yy) Information prohibited from being disclosed under 22 the Illinois Educational Labor Relations Act. 23 (zz) Information prohibited from being disclosed under 24 the Illinois Public Labor Relations Act. 25 (aaa) Information prohibited from being disclosed 26 under Section 1-167 of the Illinois Pension Code. HB4355- 9 -LRB103 35163 CES 65133 b 1 (bbb) Information that is prohibited from disclosure 2 by the Illinois Police Training Act and the Illinois State 3 Police Act. 4 (ccc) Records exempt from disclosure under Section 5 2605-304 of the Illinois State Police Law of the Civil 6 Administrative Code of Illinois. 7 (ddd) Information prohibited from being disclosed 8 under Section 35 of the Address Confidentiality for 9 Victims of Domestic Violence, Sexual Assault, Human 10 Trafficking, or Stalking Act. 11 (eee) Information prohibited from being disclosed 12 under subsection (b) of Section 75 of the Domestic 13 Violence Fatality Review Act. 14 (fff) Images from cameras under the Expressway Camera 15 Act. This subsection (fff) is inoperative on and after 16 July 1, 2023. 17 (ggg) Information prohibited from disclosure under 18 paragraph (3) of subsection (a) of Section 14 of the Nurse 19 Agency Licensing Act. 20 (hhh) Information submitted to the Illinois Department 21 of State Police in an affidavit or application for an 22 assault weapon endorsement, assault weapon attachment 23 endorsement, .50 caliber rifle endorsement, or .50 caliber 24 cartridge endorsement under the Firearm Owners 25 Identification Card Act. 26 (iii) Information prohibited from being disclosed HB4355- 10 -LRB103 35163 CES 65133 b 1 under Section 2310-730 of the Department of Public Health 2 Health Powers and Duties Law of the Civil Administrative 3 Code of Illinois. 4(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 5101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 61-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 7eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 8101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 91-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 10eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 11102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 127-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 132-13-23.) 14 Section 10. The Department of Public Health Powers and 15Duties Law of the Civil Administrative Code of Illinois is 16amended by adding Section 2310-730 as follows: 17 (20 ILCS 2310/2310-730 new) 18 Sec. 2310-730. Puberty blocker/prescription report. 19 (a) In this Section, "puberty blockers" means 20gonadotropin-releasing hormone analogs. 21 (b) A health care professional shall report to the 22Department, on a form established by the Department, each time 23the health care professional prescribes a puberty blocker to a 24person under the age of 18. The reports shall be transmitted to HB4355- 11 -LRB103 35163 CES 65133 b